Personnel Administration: Importance of human resource development; Recruitment, training, career advancement, position classification, discipline, performance appraisal, promotion, pay and service conditions; employer-employee relations, grievance redressal mechanism; Code of conduct; Administrative ethics

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Today we are to discuss Personnel Administration which is a very important aspect of Public Administration as well as Private Administration,in fact it is the very backbone.


PERSONNEL ADMINISTRATION / HUMAN RESOURCE MANAGEMENT - CONCEPT, MEANING & IMPORTANCE OF ITS DEVELOPMENT:
Personnel Administration is also popularly known as Human Resources Management.Just as people of a country are its whole and sole the same way personnel ( employees) are for an organisation to make it successful. However, manpower(raw labour/people who are able to do work) itself does not contribute to the success/development of the organisation,it has to be converted into human resources through systematic planning,adequate training and proper education. Human resource is converted to human capital through adequate administration and human resources are the most important and valuable asset and part of an organisation as over time their value never depreciates,in fact it only increases with the passage of time unlike other assets and resources of an organisation. Adequate usage of human resources/personnel automatically ensures optimum utilisation of financial,physical and technological resources.

With the emergence of democratic institutions and the welfare state,government as well as corporates' tasks are on a steep increase and so there is an increased demand for personnel at every level in terms of efficient discharge of their duties,and it is the job of the Personnel Administration department to assure that this demand is met at the right time with the suitable candidates.

Personnel Administration does not have a standard definition but still there is unanimity among writers on one that is as put by Flippo " Personnel function is concerned with the procurement,development,compensation,integration and maintenance of the personnel and their inter-relationships in an organisation for the purpose of contributing toward the accomplishment of that organisation's major goals and objectives.

Thus,Personnel Administration deals with recruitment,placement,training,disciplinary measures,curbing nepotism and favouritism,monetary and non-monetary incentives and retirement benefits of the personnel within an organisation as well as handle the nature of personnel relationships in the organisation as well as assisting the top management in negotiating with labour unions. Personnel administration also includes all those activities and functions relating to policy formulation,planning,policy implementation,social change and modernisation,administrative reforms and public relations in an organisation.

Personnel Administration is affected by the socio-economic-political environment as well. For example,in the era of welfare and developmental programmes,personnel/employees are now expected to be more efficient,effective,sympathetic and competent. People's involvement in administration is also increasing via NGOs,NPOs,Civil Society and other policies and programmes of the government.
Personnel are to perform 'line' and 'staff' functions,line functions refer to those activities related to the primary activity of the organisation and the staff functions are those which facilitate and assist the performance of line work. Like staff perform the functions of processing and supplying required number of personnel and training and development of personnel whereas those personnel perform the field and executory works of the organisations goals and objectives.

It is not a simple area of management in today's times as Personnel management/administration has to keep the motivation and morale of the personnel high every time for them to whole heartedly perform the humongous tasks they have at hand efficiently and competently as well as sympathetically.

Thus we can see that without an efficient personnel management/administration or more popularly as it is called Human Resources management contributing to Human Resources/Personnel Development, it is impossible to achieve organisational goals and become a successful organisation.







EVOLUTION AND THEORETICAL DEVELOPMENT OF PERSONNEL ADMINISTRATION:
Though the concept and theory of Personnel Administration has its germination in the West,in India the scene developed via motivation by governmental efforts and managerial preoccupation with welfare concept and frustration with unsystematic recruitment practices,loss making Public Service Undertakings,growing labour unrest,loss of production,etc. It led to establishments of posts like Labour Welfare Officer/Personnel Officer in public as well as private organisations that have evolved over time since the early 1930's.

Taylor's Scientific Management was the foundation stone for the development of this field through his principle of scientific selection and systematic training and development of the worker and Gantt later emphasised on it by adding that together with the above there was also a need for obtaining the willing cooperation of the worker. The same was also emphasised by M.P Follett.

The biggest watershed came with the advent of the Human Relations revolution which made the study/theory of this field interdisciplinary by integrating sociology,psychology,industrial psychology,social psychology,etc that brought in the approach of motivation and morale.
Also a lot of events led to its growth in the practical sense like the shortage of labour and labour issues during the world wars,the Great Depression of 1930's warranted efficient personnel administration for elimination of wastage and maximum utilisation of resources for maximum benefit.







FUNCTIONS OF PERSONNEL ADMINISTRATION / HUMAN RESOURCE MANAGEMENT-

1) MANPOWER PLANNING:
Before the process of Recruitment begins,Manpower Planning precedes it. Now first lets understand what is Manpower Planning. Manpower planning as one of the functions of Personnel Administration is of utmost importance.It is the process of assessment of an organisation's requirements in terms of number of personnel needed for a job,job definition/description,skills and specialisation it incorporates,duration for which the personnel is required,nature of work,objectives of the job in line with the objectives and goals of the organisation,etc. It is a sound manpower planning that gives adequate time for recruitment,selection and training of such personnel,in short it lays down a full blueprint/chart of processes to follow and the time period it should follow.







2) RECRUITMENT:
Once Manpower Planning is done,the process of recruitment begins. Recruitment is the process that entails the search for prospective workers and stimulating them to apply for the jobs put up by the personnel administration on behalf of the organisation. It is based on selection of the best principle where a number applicants are invited for a single job opening and then the unwanted are eliminated selecting the one for the job who suits all the prerequisites suitably. Recruitment can make a break an organisation because even a brilliant training module cannot repair a faulty recruitment. The recruitment process consists of attractive recruitment literature and publicity,finding out target sector and people,usage of scientific tests for ability and aptitude testing of prospective candidates,tapping right candidates from within the organisation as well as outside as the requirement be(sometimes only one way or combined),placement of the right man for the right job and effective probation period process and proper induction into the organisation.







3) TRAINING:
Training is the continuous process of imparting and upgrading/developing professional knowledge,broader vision,correct,ethical and novel patterns of behaviour,habits and aptitudes,awareness of organisational as well as societal objectives,increasing morale and motivation and the employee's potential contribution to the same. It is a ongoing process of response to a need.


Types of Training:

There are two types of training - Formal and Informal.

a) Informal Training - Trial and error method is used and lessons are learnt from the mistakes by employees. The success of this technique of training lies on the experience and seniority of the senior officer and his/her interest in the new entrant. 

b) Formal Training - It is the inculcation of administrative skills in the personnel through well defined courses. Examples are - Pre entry training,orientation training,in-service training,vocational training,etc.

Informal training helps in improving the quality of administration whereas formal training helps in the broadening the faculty of the personnel.

Other methods of training can be the lecture method,case-study method,syndicate method (group of individuals or organisations combined or making joint effort to undertake some specific duty/transaction,in this case training purpose),etc.

Every organisation and system of personnel administration must pay immense and minute attention to the training needs of employees of the organisation as it is the heart of the system.







4) CAREER ADVANCEMENT:
Career advancement as a function of personnel administration is concerned with the activities that promote job growth or expansion of job roles/responsibilities.It is how an individual /employee manages his/her career within the organisation(promotion,internal job postings,etc) and between different organisations( shifting jobs,changing organisations for career growth and development/advancement) as well as providing refinement of skills opportunities and knowledge to the employees together with identifying options of growth for them. It is an ongoing and dynamic process. 

The Personnel Administration dept/Human Resources management dept has the responsibility to encouraging and supporting in reviewing and re-assessing their goals and activities as well as to provide valuable feedback and learning activities or resources and can contribute significantly to the staff member's career development by supporting career development activities within the department. 

The support for career development via the Personnel/Human Resource dept.is important because: 

  • Current information about the organization and future trends helps employees create more realistic career development goals .
  • Focus on skill development contributes to learning opportunities .
  • Opportunities for promotion and/or lateral moves contribute to the employee's career satisfaction .
  • A greater sense of responsibility for managing one's own career contributes to self-confidence
  • Career planning and development clarifies the match between organizational and individual employee goals .
  • It's cost-effective to use the HRD(Human Resource dept./Personnel Administration) staff talent to provide career development opportunities within your department .
  • Career development increases employee motivation and productivity
  • Attention to career development helps the HRD attract top staff and retain valued employees
  • Supporting career development and growth of employees is mandated by the Philosophy of Human Resources Management .
Career development can be supported by:
  • Referring to the Employee Development & Training catalog for the career development course listings.
  • Annually, conduct an individual development plan and career discussion with employees and require other supervisors in the concerned department to do the same.
  • Hold supervisors in the respective department accountable for supporting employee development efforts.
  • Create programs and activities to provide skill development, such as job rotation, cross-training, mentoring, internships, coaching, and career strategy groups.
  • Recognize that HRD's role includes providing support and/or release time for staff members' development beyond their current jobs. Refer to the Education and Development Leave policy and the Flextime Scheduling: Guidelines and Procedures policy.
  • Support requests for alternate work schedules from staff members.
  • HRD should serve as a role model by participating in career and professional development opportunities.
  • See staff members' applications for other positions as a healthy sign of a dynamic workplace.
  • Support lateral moves within the organization.
  • Refer employees to the Staff Internship Program to explore opportunities to apply for career development internships or self-initiate an internship in an area of special interest.
  • Create job vacancy listings that allow for the most diverse applicant pool while honoring transferable skills.
Roles the department can play to attain the goal of career development/advancement of employees:

COACH: Helps employees identify strengths, weaknesses, interests, and values by maintaining open, effective communication and ongoing encouragement. Coaching can be improved by: 

  • Encouraging two-way dialogue
  • Showing employees how to identify their skills, interests, and values
  • Scheduling uninterrupted career development discussions

ADVISOR: Provides organizational information, realities, and resources to employees. Can improve  advising by: 

  • Helping employees develop realistic career goals based on HRD department's needs and their individual development plans
  • Helping employees understand the current opportunities and limitations on the campus
  • Advising employees on the feasibility of various career options

APPRAISER: Evaluates employees' performance in an open, candid way and relates this to potential opportunities. Can improve the appraisal skills by: 

  • Providing frequent feedback in a way that fosters development
  • Conducting performance appraisals that define strengths, weaknesses, and career development needs
  • Relating current performance to future potential in realistic ways
  • Using an individual development plan as a tool for continual feedback and development

REFERRAL AGENT: Helps employees meet their goals through contacts with people and resources. You can improve your referral agent skills by: 

  • Helping employees formulate development plans and consulting on strategies
  • Providing opportunities for experience, exposure, and visibility, such as committees and task forces)
  • Using personal resources who HRD would know and what the dept. knows to create opportunities
  • Assisting in seeking employees' placement lateral or vertical






5) POSITION CLASSIFICATION:
In Personnel administration position classification means grouping of various positions on the basis of the commonality of responsibilities and duties. It started with the movement of equal pay for equal work. It brings orderliness into the system and makes treatment uniform to people irrespective of their caste,status,birth,age,gender,etc. It also is handy as a functional tool since it makes clear even to the incumbent about his responsibilities and duties as well as hierarchical systems formally associated with his/her position.

A set of similar/identical positions and having identical qualifications,functional and salary structure when put together form a 'class'. In India classes are further grouped into broader occupational groups called 'services' like All India Service,Central and State Services.

The Grade system of position classification is used to denote all 'classes' of positions which (though different in subject matter or kind of work) are sufficiently similar as to the level of difficulty and responsibility and level of qualifications for the job like civil engineer,accountant,geologist,etc.
Each position classification is placed under a 'class' and each class should be placed in the appropriate 'Grade'.

Advantages of position classification:
a) Facilitates Division of work.
b) Removes arbitrary standards.
c) Promotes employee equality and motivation.
d) Ensures effective Manpower planning and utilisation.
e) Lays down uniform work standards.
f) Speeds up recruitment process and indicates training needs.
g) Helps in maintaining updated personnel records.

Disadvantages of position classification:
a) Introduces element of rigidity in personnel system.
b) Under it,it is difficult to shift an employee from one position to another in the interest of the administration.
c) Tends to get stale rather soon and a lot of effort is needed to keep it up to date.
d) Constant pressure from employees to upgrade their positions.







6) DISCIPLINE:
Discipline in simple terms can be stated as the force that prompts individuals,organisations,nations,etc to observe rules and regulations and policies stipulated by the above mentioned which are deemed necessary for the effective running of the same.

How disciple is instilled in an organisation:
a)Clearly stated rules,regulations, objectives and code of conduct of the organisation which are constantly updated and reviewed.
b) No discrimination in enforcing the above.
c) Proper communication among all levels.
d) Strong disciplinary action so that indiscipline is not committed the second time.
e) Practices that breed indiscipline should be discouraged and prevented like favoritism,lack of communication,lack of leadership,low morale and motivation among staff,irregularity and non-punctuality.

Disciplinary actions to be taken and sequence of actions followed from trivial offences to serious:
a) Oral warning
b) Loss of entitlement/incentive
c) Suspension
d) Demotion
e) Appointment termination
f) Dismissal







7) PERFORMANCE APPRAISAL:
performance appraisal (PA) or performance evaluation is a systematic and periodic process conducted by the human resource/personnel administration that assesses an individual employee’s job performance and productivity in relation to certain pre-established criteria and organizational objectives. It happens annually in most organisations. It also considers other factors as well like behaviour,potential for future improvement,strengths and weaknesses,etc. That is it looks into professional as well as personal accomplishments within the organisation but the focus being on the former more.
It uses a number of techniques to do so like forms to fill in and rate the criteria mentioned on it,one is done by the employee of himself and what he thinks of his management and the other is filled in by the manager or superior officer of the concerned employee which then is followed by an interview with the human resource/personnel administration and the higher management.
It can lead to promotions,higher pay and job responsibilities,etc.
It helps in establishing clear communication and also informs and updates both parties of factors that can be improved upon,goal setting,performance improvement and determination of training needs of the employees.
The personnel administration should ensure a fair,transparent and just performance appraisal system to get out the positive effects of it and promote morale and  motivation by excluding arbitrary actions of higher management.








8) PROMOTION:
Promotion is derived from the Latin word  meaning 'to move forward'. It can be a horizontal (same level) promotion or vertical (higher position) promotion along with higher emoluments and responsibilities.
It is necessary for rewarding an employee for accomplishments and boosting morale and motivation and retain his/her services. 
It should be just,fair and equal for the true spirit and benefits of the same to be yielded for the organisation.
The standard specifications should be made clear to all employees of the organisation setting forth the duties,qualifications,merit factors and ways of determining the same should be clearly outlined and specified beforehand so that there is no ambiguity regarding the same in any body's mind.
Promotion as a process is required because from time to time there are vacancies that need to be filled up in an organisation and the best are to be selected for the same from within. There are few posts and many contenders therefore the personnel administration has to be very careful and alert while carrying out the same as a bad promotion policy has major negative ramifications for the whole organisation.

Principles of promotion are:
a) Seniority principle - The employee having the maximum length of service  should be promoted once the senior officer retires/leaves. The merits are that it is easy to follow,promotes equity,filters out nepotism and favouritism,reduces unhealthy rivalry. Its drawbacks are that it does not necessarily select the best and most deserving,it leads to demoralisation of employees in matters of work and initiatives because all they will be concerned about is maximising their tenure and nothing else,etc.
 It has been agreed by many that for promotion to higher posts the principle of merit should be followed,in promotion to secondary posts there should be merit first and secondary should be seniority.and in promotion in lower level positions the principle of seniority works well because higher positions need qualities more than age to be carried out.

b) Merit Principle: It is the opposite or counter view to the seniority principle and advocates the technique of tests like aptitude and personality,etc and specific criteria to determine the best candidate for promotion amongst the respective class/grade/service/rank,etc.
There are various methods used to determine merit which are Written exams,Direction of the head of department(like the recent appointment of Cyrus Mistry as head of Tata group on the methods prescribed by the owner Mr. Ratan Tata),Efficiency ratings like production/work records and personality potential,etc. And the last is the interview method that brings out the personal as well as professional characteristics of the person spontaneously in front of distinguished panelists.

For a sound promotion system there should be a sound and just promotion policy outlined and clearly communicated to the employees and they should be provided with all the opportunities to bring them on equal footing with the other contenders as well as there should be a promotion grievance board setup with a representative if the head of organisation presiding over to hear appeals against the same.







9) PAY AND SERVICE CONDITIONS:
Pay is one of the mainsprings of motivation in a society and together with appropriate working conditions it is the base of a sound organisational system and it's functioning.
A salary scale should be determined on the basis of the current and expected cost of living of an individual and his family.There should be equal pay for equal work with no discrimination at all in the same.The minimum wages benchmark should be religiously followed. Public and private jobs should have less salary disparity as possible between each other as well as within their respective same sectors. A sound and attractive incentive scheme to boost efficiency and production.

SERVICE CONDITIONS Proper leave structure,holidays list and hours of work,rest periods,staff welfare and office accommodation conditions,health care policy and housing policy should be clearly defined and communicated to the employee. The hygiene factors that affect the productivity of the employee like proper ventilation,lighting and noise reduction premises as well as proper sanitation should be taken good care of. Drawbacks like unnecessary documentation,complex policies and delay due to the same should be checked and avoided for it to function properly and keep the employees charged.

There should also be a neutral and just board/system set up for grievance redressal regarding the same in the organisation for the above process and function so that it is kept up to date and relevant with the current needs and changing times and does not become redundant leading to employee dissatisfaction and attrition at times.







10) EMPLOYER - EMPLOYEE RELATIONS:

Employer employee relations can be amplified and made better through the following mechanisms that are already being followed:

A) Employee Unions: From private organisations right to civil servants there have always been associations of all co-workers who come together for collective bargaining and negotiations on their behalf where an individual voice could be drowned out. This is encouraged by the govt. as well a employers in other organisations as it helps maintain that they have a concern for the employees with a view for transparency and open communication and that team work and relations are bettered leading to better quality of work and efficiency. As civil servants under the civil services rules and regulations have been denied the right to strike and participate in political activities given their sensitive positions and tremendous importance in the service of the country,therefore this is the recourse they have taken to protect themselves and make the govt. hear their grievances and solve the same. These associations have been recognised by the govt officially under central Civil service(Recognition of service association) rules,1959.


B) Joint consultative machinery: It consists of representatives from both sides of parties,that is,from the employer side as well as from the employees' side who sit across to get a means of clear communication between the two and work towards a solution unitedly and in the benefit of both. Staff councils at various ministries of govt,departmental councils in various departments,etc are examples of the same. It is a voluntary machinery where on a particular subject of disagreement the both parties sign a joint intent agreement and enter into a joint discussion machinery mode. Sometimes the respective parties also form committees to study the matter and advise them or arbitrate on their behalf if the final authority which is the cabinet rejects the joint declaration and sends back for reconsideration. Most of the times the arbitration is done by a Compulsory Arbitration Board consisting of three members where one is drawn from a panel of five names submitted by the official side that is the parties concerned,second from similar panel submitted by staff side of the National council(apex body of all joint councils in all ministries and departments in the nation consisting of 85 members,25 of whom are nominated by the govt. and rest by the staff of various associations/unions/federations,etc), and the chairman is an independent,just and neutral candidate having no connection with anyone. All of them are selected by the Ministry of Labour and the first board was set up in 1968. It adjudicates in matter relating only to pay and allowance,weekly hours of work and leave of a class or grade of employees. No individual cases are taken. Its guidelines are binding on both parties for five years until repealed by parliament on grounds of national economy or social justice.

C) Rights of public servants: Fundamental rights from article 14 to 32 listed under part 3 of the Indian constitution, can refer to link: http://en.wikipedia.org/wiki/Fundamental_Rights_in_India

D) Motivation and Morale: We have discussed this in the previous article on this blog with the heading "Administrative Behaviour" , refer to link : 
https://pubadm2all.blogspot.in/2017/11/process-techniques-of-decision-making_30.html







11) GRIEVANCE REDRESSAL MECHANISM:
This topic has been discussed in a previous article of this blog (read Tribunals CAT and SAT,etc) under the heading "Administrative Law" , refer to link : https://pubadm2all.blogspot.in/2017/11/administrative-law-meaning-scope-and.html






12) CODE OF CONDUCT:
 A right code of conduct should be prescribed by organisations to put the employees/personnel on the right track and get the goals of the organisation realised because if left to the employees to do the same each one will have their own way of doing so and that will lead only to disharmony and chaos.
Code of conduct of civil servants:
a) restrictions on political activities.
b) Political neutrality.
c) Restrictions on relation with mass media,outsiders and indulging in criticism of government as well as public demonstrations and accepting gifts/presents.
d) Restrictions on matter of private business/employment,property apart from government sanctioned ones,and investments speculation that he is privy to that could cause him or any pvt organisation undue benefit(like stock market trading,etc).
e) No disclosure of Official documents/information to anyone not authorised to receive the same.

Any deviation from the above will invite strict disciplinary action which has been discussed above under the sub title of " Discipline".






13) ADMINISTRATIVE ETHICS:
Manipulation and lack of ethics lead to humongous negative effects and reduce efficiency in an organisation. Therefore the enforcement and development of administrative ethics in public servants in today's welfare state times as well as the sensitive position they occupy is of utmost priority and urgency. 
The essentials to ensure the practice of ethics in administration are:
a) Faith,determination towards pursuit of excellence of service in their professional activities via methods of training and sensitisation.
b) Infusion of ethics into politics through trainings,etc so that it is passed on to their sub ordinates that are the civil servants.
c) Relations between citizens and personnel to create favourable opinion of society and people towards public services and servants.
d) Need for character building in public servants through education,adult education and functional or job responsibility literacy.
e) Impartiality should be practiced and encouraged.
f) Political neutrality in civil servants.
g) Education of people and society regarding their rights the work of public servants and redressal mechanisms available to the people against them and the government.







14) LEGAL FRAMEWORK TO CHECK EROSION OF ETHICS AND CORRUPTION:
a) Prevention of Corruption act 1947 and 1988. Please refer: http://en.wikipedia.org/wiki/Prevention_of_Corruption_Act,_1988 & http://www.lawyersnjurists.com/resource/legal-documentations-litigations/laws-of-bangladesh/1943-1956/the-prevention-of-corruption-act-1947/


b) Civil Servants Conduct Rules like All India Service Conduct Rules 1954,Central Civil Services Conduct Rules 1955,Railway services conduct rules 1956. Refer to: http://vigilance.bsnl.co.in/Acts_and_Rules/CCS(Conduct)_Rules_1964_20.1.2006.pdf


c) Santhanam Committee . Refer: http://arc.gov.in/arc_12th_report/ARC_12thReport_Ch7.pdf


d) Central Vigilance Committee & State Vigilance Committee (already discussed in previous articles) , refer to link : 
https://pubadm2all.blogspot.in/2017/11/accountability-and-control-concepts-of.html


e) Central Bureau Of Investigation , refer to : http://cbi.nic.in/history.php


f) Lok Pal and Lok Ayukta (discussed in previous articles) , refer to link : 
https://pubadm2all.blogspot.in/2017/11/accountability-and-control-concepts-of.html


For a clear and detailed understanding if the Administrative Reforms Commission and their recommendations till date please refer : http://darpg.nic.in/ArticleContent.aspx?category=106






15) RETIREMENT :
Retirement as a function of Personnel Administration as well as from an organisational point of view is extremely necessary as it helps increase efficiency of public services and organisations by eliminating employees from services due to old age,infirmity,inability to perform duties anymore,etc. It is essential to maintain the system of promotion as the employees have to retire at a certain age and also this policy helps bring in new and fresh blood and ideas. A sound system of pension and retirement benefits help attract and retain the best talents as they do not have to worry about their future. The basic guidelines,rules and regulations of the same have been laid down and prescribed by the state/govt. and updated from time to time and proper adherence is mandatory. 

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Administrative Law: Meaning, scope and significance; Dicey on Administrative law; Delegated legislation; Administrative Tribunals.

It's heartening to know that this blog is now being recommended on Civil services preparation groups and pages of leading Social Networking sites and the responses coming in are great which just goes on to reinforce the fact that Public Administration is and always will be a force to reckon with not only on the professional front but also as an academic discipline(subject of study and research) as well as competitive exams with so many people choosing it year on year. 

So today's post begins with a very important aspect of Public Administration which is - Administrative law and related dimensions. Let's proceed with the details.

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ADMINISTRATIVE LAW - MEANING:
Administrative law is the body of law that governs the activities of administrative agencies of the government which comprise of rule making or legislation(when delegated to them by the Legislature as and when the need be),adjudication(to pronounce decisions while giving judgements on certain matters),implementation/enforcement of public policy. 


SCOPE:
Administrative law determines the organization, powers and duties of administrative authorities. The emphasis of Administrative Law is on procedures for formal adjudication based on the principles of Natural Justice and for rule making.

The concept of Administrative Law is founded on the following principles:
a) Power is conferred on the administration by law
b) No power is absolute or uncontrolled howsoever broad the nature of the same might be. 
c) There should be reasonable restrictions on exercise of such powers depending on the situation.

Though administrative law is as old as administration itself since they cannot exist separately,in India the early signs/existence of administrative law could be found in the treatises written during the reign of the Mauryas,Guptas,Mughals as well as East India Company(modern administrative law). 

It is based on the concept of rule of law that supports Natural Justice (to adjudicate based on impartiality,unjustness and the prescribed laws and legal methods instead of arbitrariness and abuse of official power on the part of govt. while serving the people and deciding cases brought before its Tribunals,etc. Natural justice is basically applied in cases where there are no laws prescribed,here the individual has to be given an opportunity to be heard and the judgement is to be taken into consideration the particular facts and cases of the case and the judgement should be free from bias). It is to prevent violation of people's rights by officials in power.

Administrative law specifies the rights and liabilities of private individuals in their dealings with public officials and also specifies the procedures  by which those rights and liabilities can be enforced by those private individuals. It provides accountability and responsibility in the administrative functioning. Also there are specified laws and rules and regulations that guide and direct the internal administration relations like hierarchy,division of labour,etc.



SIGNIFICANCE:
It is very significant because if it did not exist then the very concept of having a democracy and a government to work for the people would be self defeating because then there would be no responsibility or accountability of the public officials to anybody and the administration would run arbitrarily thus creating a huge monster that would eat up the very system. There would be an upset in the balance in areas such as police law, international trade, manufacturing, environmental, taxation, broadcasting, immigration, and transportation,etc.



REASONS FOR GROWTH:
1) Rise in complexity warranted handling of variable by the state authorities in order to provide functioning in that area with necessary certainty and prescriptions.
2) Industrial revolution that resulted in the coming up of cities and new types of economic transactions necessitated handling of affairs by govt in order to facilitate production,supply and exchange of products and services.
3) Technological inventions and the increasing specialization has called for the increased need of specialised handling of affairs by govt officials.
4) To allow necessary flexibility in the administrative system so that the challenges arising due to social and economic factors could be addressed more adequately and efficiently.
5) To allow experimentation in order to ensure the application of best fit model in a given circumstance
6) To allow participation of people in the administrative functioning to provide the necessary authority to the administrative officials so that they can address the challenges arising due to extraordinary circumstances or emergency situations.


DICEY ON ADMINISTRATIVE LAW:
Dicey supported Rule Of Law where everybody in a State everybody shall be subjected to some common law and no official irrespective of his status and authority shall be kept outside the purview of Rule Of Law. Thus,he rejected the idea of Administrative Law that was akin to Droit Administratif or that which was being practised in France and other European countries where there are seperate rules for administrative officials as he believed that such an arrangement would lead to a perpetual risk of excessive application of authority with people having no window to their grievance redressal. 

The reason for this is that while analysing the concept of Administrative Law Dicey was always thinking of French administrative law/rights system/Le Droit Admanistratif that existed under Napoleon's Bonaparte's rule. 

Droit Adminstratif practised the system of: 
a) One rule for regulating the behaviour of individuals of society and one rule for regulating the members of State and administration.
b) One court for members and individuals of the society and their private aspects and another court for members of State and administration which is the administrative Court/Tribunals and the apex of this court will be the Council D'Etat(very small division of the country in to administrative divisions that are smaller than even counties). These are distinct and not overlapping neither are superior or inferior to each other. They are equals. In case they ever overlap then the final decision will be taken by a special court constituted for this purpose.
This was done so that administrative and State officials have more autonomy in dealing with situations and contingencies that arise in execution of administrative duties and which would not be easily understood by the normal law and courts.

Thus,Dicey believed that there should not be such a separation where there is one law that governs the administrative and political officials( Administrative Law) and one that governs society and its people(civil and criminal law) and advocated the rule of law as prevalent in UK where everybody was equal in the eyes of law and only one common law governed each and every individual. But,he was heavily criticised for this later as he did not take into account that even the Crown in UK was immune from civil and criminal proceedings,thus,there was no rule of law or equality here. Also he is criticised for not taking into account the future issues that would arrive in administration due to modernisation and complexity like delegated legislation,etc. Delegated legislation was very much a part of UK administrative setup as well as the system of administrative adjudication through tribunals that was contrary to Dicey's rule of law stating only one law making body which is the legislature and it being applied everywhere universally and interpreted by the judicial courts as and when required for each and every one. So,therefore UK was practising administrative law already. 
Marx also criticised Dicey's rule of law concept by saying that it promotes inequality instead of equality because if you treat underprivileged and poor equally with rich then there is going to be a huge disparity that will only expand with time.
Modern day concept of rule of law has been given a very broad meaning by providing opportunities to unequal people in order to equal themselves with the others like reservation,etc. Law is created by the legislature or other legal institutions and is not to differentiate but enable unequals to become equals and the last word on the law would be that of the Independent judiciary.




ADMINISTRATIVE LAW AND RULE OF LAW ARE COMPLEMENTARY:
a) The modern concept of rule of law will be frustrated if not supported by a sound administration,and only a separate administrative law can provide that sound administration.
b) Administration cannot function in a vaccum,it needs a sound administrative law for itself to work properly. And all this together only will lead to the rule of law.
c) Thus rule of law and administrative law are both complementary and are inter dependant to make each other work.


DELEGATED LEGISLATION:
When a part of legislation(law making) is formally executed(performed/done) by the executive machinery instead of the legislature because the legislature has formally passed it on to them, it is called delegated legislation. The legislature provides the broader framework of the law with necessary objectives and directions and the technical details are left to the executive to fill in. It is also referred to as subordinate legislation. The executive are strictly subordinate to the parent act/law and the executive only fills in how to go about achieving the objective,thus he/she does not have original powers of rule making/legislation but just enclosed and subordinate power. Any technical/detailed rule writing done by the executive under delegated legislation would be declared ultra vires/null and void. Delegated legislation as a practise is also a result of  the growing complexities and technicalities which are seen in modern day rule making and policy implementation which the political executive is not aware of at the grass root level and so executives are called in to fill in the gaps due to their practical experience in the field. Also it provides relative autonomy to the executive while performing his duties as there are many unplanned situations that come up and the executive will not waste time to coordinate with the legislature/ministry and immediately frame the rules/law needed and resolve the situation.
And last but not the least it provides time to the legislature to devote and manage their time in dealing with other important issues as well as minute rule writing will take up a lot of time.




TYPES OF DELEGATED LEGISLATION:
1) Normal delegated legislation: They do not deal with matters of policy,taxation and repealing,modifying constitutional and statutory laws.
a) Positive/Normal positive  delegated legislation: This involves legislature enabling or legitimising administration to make laws and in that gives the rules and regulations how the administration is to go about it. Thus it is properly defined.
b) Negative/normal negative delegated legislation: Also certain areas are notified where administration where administration is restricted from making laws.

This can become reversed in order because in the normal positive delegation there are areas specified that the administration can make laws and that means indirectly that the other areas it cannot make so it becomes restricted whereas in the negative delegated legislation there are specified areas that the administration cannot do law making and that means indirectly all the other areas it is free to make laws.

2) Special Delegated Legislation/Henry viii clause: Here there are no areas or restrictions on the administration on legislation. This is also called Exceptional Delegated Legislation.




RISKS OF DELEGATED LEGISLATION:
1) It may lead to the legislature having diminished control over executives and significance.
2) In the name of technical law making by executive sometimes even basic or those which can be made by the legislature are passed on.
3) The executive is unconnected with the people and thus they would not take into account a lot of substantive interests of people and focus more on organised interests and technicality of implementation.




SAFEGUARDS FOR DELEGATED LEGISLATION:

1) PARLIAMENTARY SAFEGUARDS: The rules of lower house and the upper house of parliament has provided for a system of committee to carry out detailed scrutiny of all the rules framed by the executives through delegated legislation. This committee is known as the Committee of Subordinate Legislation that exists in both the Houses of Parliament. This was established in 1950 in the Lok Sabha and in Rajya Sabha it was estabilished in 1964.  It scrutinises and analyses the laws and rules formed by the executive and any discrepancies/irregularities and inconsistencies as well where financial powers have been usurped by the executive as well as the good work done by the executive. The committee then submits its report to the speaker of the Lok Sabha or the Chairman of the Rajya Sabha as well as a copy of it is tabled in the other house for its perusal.



2) JUDICIAL SAFEGUARDS: Independent judiciary has the power to declare any law including delegated legislation intra vires(relevant or in consistence with the law) or ultra vires( against the law or irrelevant and are struck down) depending on the amount of legislation delegated is in line with it or out of line of the enabling Act.
If the executive law is out of order with the enabling act or the Constitution then they are declared ultra vires.
This is known as judicial review. It states that there are some basic and fundamental powers of the legislature that can never be delegated and if that is done then it will lead to chaos and so the executive is only given the task to make laws for technical purposes under the guidance and directions of the parent or original law established by the legislature.



3) SPECIAL SAFEGUARDS: Legislature in Parliamentary system has exclusively in context of Delegated Legislation has brought about the concept of 'LAYING" (i.e. to be laid before the house)
There are five types of LAYING:
a) Laying subject to no further action - The moment law is laid before house it comes into force and house has no role to play. It is just informative.
b) Laying subject to negative action- The law when laid before house it comes to force unless house rejects it.
c) Laying subject to affirmative action- The law when laid before house it comes into force only when house approves it.
d) Laying in draft subject to negative action- The law when laid before house it remains in force unless it is rejected within 40 days.
e) laying in draft subject to affirmative action- The law when laid before house it does not come into force unless it is approved within 40 days.
This procedure is followed when the enabling or parent act is being considered to come into force and then passed on to the executive to fill in the minute and technical details.

Through these procedures the drafting is made clear and to the point explanation is there thus leaving no room for any doubt in the minds of the receiver. Through these discussions the negative aspects are removed and only then it comes into force. Once the law is finalised it should be notified in the local gazette so that the public is informed.




ADMINISTRATIVE ADJUDICATION(to act as judge in an issue and take a formal decision binding on both parties) / ADMINISTRATIVE TRIBUNALS:
Administrative adjudication is an important component of administrative law along with delegated legislation. It came into response to modern day changes. It is a settlement of disputes related to administrative functioning by an administrative tribunal( an executive body that may act as quasi Judicial body). Issues or disputes arising during administrative functioning is done by this mechanism where the administrative machinery acts as an adjudicator instead of going to the courts of law directly so these disputes are settled speedily as the adjudicators are administrative officials and know the specific details and understand the administrative process and thus give relevant and unbiased decisions. This helps in non-stagnation of policy work and thus benefits the people at large. It is flexible in its decisions as it looks at the broader angle of public policy and its benefit whereas a court of law only looks at rigid laws and nothing else.
But at times it can also be biased and deny independent justice to the aggrieved. According to many theorists it is organised lawlessness and is contravening to the principle of natural justice as the panel of adjudicators here are administrators and not independent judges, who definitely happen to be one of the parties involved in the dispute. But,due to its benefits mentioned above it still continues until a better alternative is found.




TYPES OF ADMINISTRATIVE COURTS/TRIBUNALS:
There are many:
1) Administrative tribunal for service rules 
2) In cases involving matters of finance,the statutory acts empower offices to act as tribunal - Revenue Board of State,District Magistrate relating to rent control and revenue cases.
3) Election commission acts as the tribunal in violation of election rules.
4) Land acquisition act empowers the district magistrate to acquire land and he acts as tribunal in case of grievance regarding land acquisition.
5) In transportation a number of officials act as tribunals from the transport dept.
6) The regulatory commissions and agencies have power to hear cases and act as tribunals.



THREE TYPES OF TRIBUNALS SETUP UNDER ADMINISTRATIVE TRIBUNAL ACT 1985:
1) CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) : The Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto. This was done in pursuance of the amendment of Constitution of India by Articles 323A.  Includes service matters involving central services,state matters and civilian matters(excluding military) and civil matters.


2) STATE ADMINISTRATIVE TRIBUNAL (SAT): Administrative tribunal for state civil services matters


3) JOINT ADMINISTRATIVE TRIBUNAL: Administrative tribunal setup for two or more states.

All these tribunals are setup and appointments are made by the president.

The chairman is appointed by the president on advice of the Chief Justice of India and has to be a judge of a High Court or should have acted as a two years vice-chairman of the central administrative tribunal.
The vice chairman of the CAT should be a secretary of govt of India or any other post with equivalent pay for two years or otherwise additional secretary or post with equivalent pay for a period of not less than 5 years.
For members of the CAT the person should be additional secretary of govt of India or equivalent pay for 2 years or joint secretary or with an equivalent pay post for a period not less than 5 years.
The members can only be removed on grounds of proven misbehaviour by the president.
For the chairman and vice chairman are given secure tenure of 5 years or retirement on 65 years whichever is earlier.
For administrative members 5 years or retirement upon 65 years whichever is earlier.
For the judicial member of the CAT he should be 1st class magistrate. 

An aggrieved person can approach high court appealing against the decision of CAT.




RISKS IN ADMINISTRATIVE TRIBUNAL SETUP:
1) They lack in legal expertise.
2) It is a kind of Martial Law where law makers here implement it also and the legal procedures are ignored which is violative of the principle of Natural Justice. Here the administration is both the litigant and judge in its own case as mostly the cases are against or relating to the very administrators who are sitting as judges there.
3) Lack of autonomy for lower tribunal officers.
4) Huge delay happens in this system too.




SAFEGUARDS AGAINST NEGATIVES OF ADMINISTRATIVE TRIBUNALS:
1) More legal expertise and officers should be brought in.
2) Principle of natural justice should be followed and the judge who is party to the dispute should be excluded from the hearing of the case.
3) More autonomy should be given.
4) Members of civil society should also be included.
5) People with high integrity should only be appointed.
6) Political interference should be minimized in the appointment procedure of tribunals and transparent procedures and rules should be established and followed.
7) Rule of tested evidence should be followed.
8) Decision making should be based on merit of the cases brought forward.
9) The parties to the dispute shall be given to present their cases and no judgement shall be delivered without giving full chance to defend one's cause.
10) Appeals in courts of law should be permissible.


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