Weekly Mains Exam 2016 Answer Writing Challenge - Public Administration "MODULE- 55"

Weekly Mains Exam 2016 Answer Writing Challenge- Public Administration

The main idea behind Weekly Answer Writing Challenges is to make your exam preparation more result oriented. For this exam (UPSC Civil Services), just ‘reading’ is not enough. The most advantageous part of this writing exercise is to make your answer visible to everyone, someone may correct you if they find a mistake in your answer plus it must be also supported by our experts , you may see others answers also. It is free and definitely will improve your writing ability and marks in your final examination. Here all topics from syllabus will be covered.

Public Administration- Paper I "Syllabus Topic – Administrative Law: Administrative Tribunals"

  • Q1. Administrative Tribunals often been described as 'Organized Lawlessness'. Comment

Model Answer:

Indian administration, due to its influence of Anglo Saxon countries has developed a system of administrative tribunals. There are numerous tribunals but they lack co-ordination and supervision from a higher authority. The Central Administrative Tribunal was instituted through the 42nd Constitutional Amendment to Article 323 A.

Some weaknesses of these tribunals are:

1) Headed by administrative officials and do not enjoy the same independence as enjoyed by courts and judges
2) Aims at providing speedy justice under administrative law
3) Deals with specialized administrative matters
4) Empowered with adjudicatory powers
5) Does not follow the procedure of evidence and lawyers
6) Decisions are arbitrary and left to discretion of presiding officer
7) Generally, decisions of administrative tribunals are final and no appeal in most of the cases can be made against its decision
8) Provision of no fees often encourages frivolous and vexatious complaints against honest officers and officials

This is described as an organized form of lawlessness since it violates the principle of Rule of Law. With its arbitrary actions and lack of judicial procedure it often circumvents principles of natural justice.

Since it is an extension of the Executive it is also a violation of Separation of Powers and can create conflict of interest. The most explicit form of lawlessness is in cases where the decision of the Administrative Tribunals cannot be appealed for in an ordinary court.

There is a need to create adequate safeguards to ensure effectiveness of the Administrative Tribunals while upholding the integrity of Rule of Law. Legal professionals must be employed in the tribunals and a formal judicial procedure must be encoded which must not be circumvented.

Jurisdiction of these tribunals must be well defined to avoid unnecessary recourse. Arbitrary actions must be discouraged with adequate reasoning for decisions along with a provision of appeal to ordinary courts in case of dissatisfaction with the decision.

Indian Administration- Paper II "Syllabus Topic – Financial Management: Role of finance ministry in monetary and fiscal area"

  • Q2. What are the merits and demerits of public debt ? Discuss the steps to address the issue of increasing public debt in India.

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