Chapter.9 Administrative Law

8/6/2019 Chapter.9 Administrative Law

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PUBLIC

ADMINISTRATION(Summary of Class Notes)

Administrative LawPAPER-I (Unit-VI)

Development DynamicsPAPER-I (Unit-VIII)

..

C~~ .~ A d - . ,Dr. O.P. MinochaProfessor of Public Administration

O L D R A J E N D R A N A G A R & D R . M U K H E R J E E N A G A R


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FromDirector's Desk

Dear students

These are the Summary of Class Lectures of Paper-I

(Unit-VI and VIII) They comprise of description and

analysis of the dealt topics. To get the essence of the

topics at least two readings of the entire material is

required. You are also required to remember the context

of the lecture so as to get the broader view. These notes

will be further supplemented by printed booklets to

explain the details ofthe topic.

Regards,

HRISHIKESH B. KULKARNIDirector. KAIZER EDUCATION GROUP

Heat! Office18/4. r & r'Floor, ou Ra jendra Nagar,

Opp, Agrawal Sweets, New Delhi-60

Branch Office

703, 2~ Floor, Above !Jig Apple, Opp, Bank or Maharashtra,

Ik Mukherjee Nagar, Delhi-09 .

E-mail: [email protected].

Ph.: +91-9999910531, 011-46102620
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected].


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INDEX-

Administrative LawPaper-I (Unit-VI)

1. Administrative Law2. Delegated Legislation.

3. Administrative Tribunals

CAT

4. Questions

Development Dynamics

Paper-I (Unit-VIII)

l. Development Administration

2. Riggs's Concept of Development

3. Anti-development Thesis

4 . State V s. Market Debate

5. Liberalization and its Impact

6. Women and Development7. Self Help Group

8. Questions


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. . . . B- - _ . , . .K A IZ E R E D U C AT IO N G R O U P ~; P RE.'E~R OROUP FOR ELlTE CIVIL SERVICES .

Administrative lawGrow ing complexity a nd n atu re o f a dm in istration

ecessita te th e ne ed of "administrative law". Public

ministration started with limited role. But ove r a period

, time the work increase d a nd t he activity of state also

increased. Because of growing complexity and

administration started acquiring those powers w hich wer e

not originally their. Today administ ra ti on i s doing qua si-

judi cial an d q uasi-legislative fu nc tio ns. S om e exa mp les

are: they confiscate property of the people, traffic control,

search , detention, an d i mposi ng p enalty.

Today administration performs all tho se funct ions

related to protec ti on as a protector, guardian, saviour of

human rights. It acts as a controller and as a arbitrator to

set tle disputes. II aCI as an entrepreneur f or comm ercial en

actions. ~.:;Q )

C/l

In general Laws are classif ied as

Commercial Law Labour Law

Public Administration

(Paper-l : Unit-VI)

Administrative Law

of those w h o i s in power .large n umbe r o f pe ople believethat the overall governance shou ld b e d on e b y Law and

not by "man". A "Rule o f L aw" i s t he supremacy of Law.

Upnishads indicate that l aw is kin g of kings. Holder of

power while .exercising th e p owe r can mi suse p ower. A.V. "

Dicey in one ofthe h' s lecture at Ox ford in 1885 on "Liberty,

Laissez-faire & individualism" advocated that everythin g

I houid be carried according to Rul e of Law. Administrative

action should be done in f air manner. ~e process shou ld

be leaitirnized ...eP,wer holders sho~d e~ercise power with

a reason ab le re'sfriction .

Delegated legislation

It is known as sub r i lezislation in India. Legislature

is compelled to delegate its powers to the executive: this

is called delegated legisla ti on . S in ce i t i s s ubordinate to

oriainal leaislarion the re fo re i t is ca lle d s ub ordinate

legislatio n. L ar ge n umb er o f l eg islations (Approx. 70%)

are mad!l>y e xe cutive under the acquired power .


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21 Public Administration

The reason for need of deleg ated legislation are:

I. Growing com le xit)' of adm inistration.

2. Legislature are arn arure and cannot understan d the

technicalities ofcorpplex i~

3. Increasing volume of acti vities.

4. Pau city of t ime with the legislature.

5. Large volum e o f legislatur e is un ab le to discu ss on

administrative issues.6. Legislature is not meant for dealing administration

the y are only to deal the philosophy of governance.

On this account of this executive's p ow er is increasing

this is ca ll ed a s He nr y e ig ht h c la ss . T o de al c er tain

contingency delegated legislation is n ee de d. It is also

needed for exp erim en ti ng n ew ideas & innovations.

Administrative Tribunals

As the vo lu me o f acti vities is increasing administrative

tribunals are needed to perform quasi-judicial & qua si-

lezislative functions. Out of 70% of cases in our country

state is a p a rty. Adm inist ra ti ve t ri bu na ls a re n ee de d

because:

I. I t w il l red uce the w orkload o f jud icia .

2. It provides alternative dispute settlement mechanism.3. It gives aju stice hav ng technical input.

4 . O rd in ary courts are ve ry c os tly the re for e

administrative tribunals p ro vide simple alternative to

get justice.

Different Model

In America these tribunals are part of judiciary. It is headed

D o ctr in e o f excessive d eleg at io n (., f . 8 . f by -aj udge , In R ussian system one of the seniorIf the executive acquires th e p ow er of ame'irdlng'& administrator gives judgem ent he is a part of

modifying the basic law . Thi s is tantamount to excessive ~ administration. In India neith er all tribunals are headed by

delegation . When executi ve has right to lev y tax , duties .~ judge nor by the ad ministrators. The adm inistrativ e

wh ich is the preroga tive of leg islatur e this w ill be ~ tribu na l a re set up by constitutional statute or b y

tantam ount t called as excessive delegation. The > gov ernment by itself. The tribunal perform multi-functionsquantitative factor is that if the act is detailed there i s n o uand we are moving tow ard unifunctional t ribu nals.

~ Article-323 B ernpow ers the Pari iament to createscope for delega tion. So if there is quantitative variation it

w tribunals in defin ed are as. The area where tribunals arewill be tantamount to call it as excessive legislation. t 2 nee ded are:I. Original law is in practice is m ade b y the exe cutive ..2. Execut ive is answ erable for day to day administration . g - I. Ta xati on: Sales tax , inc ome tax. excise . customs are

2 there so we hav e Inco me tax tribunals, Sale taxOv er a period of time governm ent avo id s to face the l 2 tribunals. We are unifying al l t axation u nd er one

legislature. It goes for makin g skeleton legisla tions and dJ . separate tax tribunal headed by a jud ge to deal with

leav es mu ch scope for subordinate leg islations so the ~ taxation.

executive frames rul ers, reg ula tions. by law s, by using the ~ 2. Employer-emp loyee relations are matter of concern.

acquired powers un de r d elega ted legislations. Th is ~ To deal the se grievan ces a mechanism of Labour

de legated powe rs can b e m isused by the ad m in istrators. : : > Tribunals. Labour Co urts are ther e c ivi I servants head

T h e exec uti ve can go for arbitrary exercise of pow er. Thus ~ ii. Fo r gov 'ernment employees CAT is there. For state

violation of the doc tr in e o f sep ar at io n o f p ow ers" is ~ employees SAT is established. For defence matters a

dangerous and needs checks and balance. ~ separate tribunals is there.

One cannot make laws for ownself. It can curtail the ~ 3. Road Transport: P lann in g rou te w itho ut p ermit, . . .powers of c~izens. S o t he re i s ne ed t Q. have' check on o c t overloading all such problems need to be handled for

delegated legislations. Metho 0 con trol o ver e eaate g this road t ribu nal autho ri ty i s established.legislatiol1 ~: ~ 4. Telecom disp ute Settlement and Tribunal Authority.

I. Through III ~ 5. F oo ds and b everages, h otel ind ustry: to d eal such

which curtai W issues tribunals are provided within the department.N

ultravires . ~ Allrnost in every area wh ere there is servi ce p rovidero c t2 . T he leg is la tu re h as th e p ow er to exam in e all the rules ~ and th ere i s chang e for d isputes tribunals are provided.

a nd r eg ul at io ns f ra me d by the exe cu ti ve s u nd er U nd er C on su me r P ro te ct A ct on e ca n g o t o t he c on su me r

delegated legislation. T he se ru le s a re e xa min ed b y for um. S o p resen tly the ten dency is to setu p m o re andmore tribunals.

Committee on Subordinate Legislations on behalf ofthe Parliament. T he increase in execu tive p ow er and jud icial p ow er

to the tribunals may again lead to combination of ~\Vers.3. U nde r d ele ga te d le gisla tio ns w ha te ve r ru le s

This may create problem so checks are needed.regulations -are formed. i t is required to take expert

Tribunals are not a court but their functioning shouldview in respective fields. Although the expert's v iew s b e l ik e a cou rt . T h ey sh ou ld fol lo w the pr in ciples o f n atural

a re a dv is or y; b ut i s u su a l Iy accepted. (In U K justice. Princip.les of natural justice means every lit igant

con su ltat io n is m and atory a dv ic e give n is n ot ha s th e riz ht t o b e he ar d; the trial should be done in fair

mandatory: I n I nd ia bo th a re no t m an da to ry .) m an ne r w it ho ut p r ej ud ic e a nd b ia s; t he p un is hm en t s ho ul d

4 . A ll t he se r ul es . r eg ul at io ns byl aw s w il l b e w id ely not be disproportionate to the crime.

ublish~d.lt will be a part ofgazette and notification. Dotibr arises that the aggrieved persons will get fair

Publications help to expand public domain by sharing justice since th e tribunals are part of the government &informations. members are also appointed by the government. In such

T his h elps p eo ple to k no w th e ru les an d r ig hts on the case c i tizens are n ot sat isfied they can g o to the H ig h

basic of which citizen can demand. Court and Supreme Court.


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CAT

Civil servants having pro blems relating tQ service matters

can go to the CA T. On ly the civil servants are covered

under the CAT i .e. Union Governm ent employees a~d the

serv ice mat te rs a re dea lt. CAT w as created in 1985

estab li shed by Statute. The central ben ch i s l ocate d at

New Delhi, regional benches are provided throughout the

c~ CAT is mobile, the members can go to th~ civil

s~rvants who are aggrieved. Sin gle member cannot hear a

case, it should be heard by atleast two members one should

be judge and the other adm inistrator.

Effectiveness of CAT

Go vernments are not happy but the aggrieve d a re ha ppy

t o h ave som e protection. Governm ent is not happy

bec ause

I. It has increased the work load

2. It has increased cos t, so termed as White Elephant.

3. The purpose of simp le justice is defeate d a s CAT has

started function like courts. CA T has become a retir ingber th f or retired people. Or iginally it was to deal wi th

matters of im portance b ut now m inor issues are

coming before CAT adding to th~ir burden. If there is

any benefit of dou bt it wi ll go t o t he aggrieved

employ ee s o g ov ernm ent rem ains unhappy.

Public A dministration /3

Emplo~ees are exploited to large exten so C AT

pro vides prntection. We need to streamline the sys tem ..

Labour~ are-protected unde r labour court s, civil servants

are protected under CA T but public sector 's senior officers

are not to provided any protection .'

T h e questions is not abolishingor of creati ng neither

we are thinking to create or abolish tribunals. It disturbs

the employer -employee relation. Imbalance o f a uth or i iscreated. A CAT is essential requirement to provide

protection arti cu larly in day to day functioning.

Un der the Act 1985 of eAT, CAT was given t he status

of High Court and High Cour t was denied to deal case s o n

service-- r;;tters, thi s amo unts to taking away the jud icial

review power of High Court . The judgement today standS

that the first appellate auth ority is the High Court and

then one can move to the Supreme Court .

Wh en the S uprem e C ourt was the only appellate

auth ority than judges of Supre me C ourt were unable to

deal with service matters as they lacked experience. So

prese ntly High Court are made the first appellate authority

to deal cases aga inst CA T In this way the High Courtjudges get a chance to deal service related m atters and

gain experience .

Presently CA T is an important arrangement to handle

arbitra exercjge of power an d protect the interests of

civil servants.

Questions

I. DroitAdministratifmay give exce ssive and arbitrary

power to the administrator which c an go against

the right of citizens.

2. Adminis trat ive law the .French version (Droit

Administ ra ti f) needs to be . extended f rom army tocivil police and enforcement authorities.

3. D ic ey 's c on ce pt o f R ul e o f L aw h as p ro ve d n ot

viable both conceptually and operationally.

4. Unless there is social and economic equality before

law is meaningless.

5 . Delegated leg is la tion i sa com ulsion in modern and

complex administration.

6. Delegated Legislation can lead to tyranny unless

there is effective checks and control mechanism.

7. Doctr ines of excessive delegat ion i s becoming a

pract ical necessi ty under par liamentary form of

government. .

8. The Committee on Subordinate Legis la tion i s an

effec tive mechan i sm to protec t the spi ri t and

intentio~ of original law.

9. Ad ministrative tribunal is an important mechanism

for pro viding alternative dispute settlement

mech anism.

10 . Ad minist ra tive Tribunal not only pro vide speedy

justice to t he effec tiv e li tigants but pro vides

professionalism to the judgement.

II . Ad min istrative Tribunals have become essential.

to offload the work of court.

12. Adrnin is tr at ive Tribunals are suppose to

function like Cou rts a nd f o ll ow p ri nc ip le s o f

natural justice.

13 . Administrative Tribunals are subjected to overa ll

control by the judiciary.

14 . CAT protects the interest o f civi l servants against

arb itra ry exe rcise of po wer by controlling

disciplinary authority,

15. Administ ra tive Tribunals have beco me additional

m ac hi ne ry a dd in g to th e v olu me o f w or k a nd

increased the expenditure of government.

..r:


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4/ Public Administration

Development DynamicsPublic Administration - Paper-I: Unit-VIII

Development Administration

Gant - himself is generally credi ted with having coined

the term 'develo pment admin istration' in the m id 1950's.Development administration is referred to the focusing of

administration on the support and management of

development and is distinguished from the administration

ofJaw and order.

Development administration is the administration of

policies prog rams, and projects to serve developme nt

purpose. It is characterized by its purp o se s, whic h are to

stimulate and fa cilitate def in ed p ro gra ms of social and

economics p ro gress by its loyalties which are to the public

rather than to vested interests and by its attitu de s w hich (/)c u

are posi tive rather than negati ve , p ersuasive rather than .~>

restrictive. Ameron and Jain said that develo pm ent t

administration refe r to an aspect of public administration (/)

in which the focus of attention is on organizing and ( 3managing public agencies and governm ent departments ~

at both the national and sub-national leve ls in such a way w

as to stimul ate and facilita te w ell defined progra ms o f social


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partic ip at io n. F urther administration structure bas ed on

Rule of L a;', followe d by administrati~e behaviour

including responsiveness, proac tive approach is needed

this is called administrative penetration. People's

participation coupled with administrative penetration lan ds

to integration. Integration & differentiation leads to

building a diffracted soc iety wh ich is nothing but

dev elopm ent. R ev er se pr oc es s is t ha t d evelopment

requires integr at io n o f p eo pl e's p ar ti ci pa tion and

administrative penetration.

Figurative re presentation of ADB Model

Good Governance

Economic

aspect

til

Social 8aspect .~

(l)

A DB is more concerned with enhancing the capability of ~adm inistrative system, whereas the World Bank and IMF

fav our developm ent through fun ding, selecting peop le to

transfer knowledge and technology, they are concerned

with the dispersal of powe r and allowing market forces to

determine to operate and facilitate development. Three

forces are interacting and all three toge ther lead s to

development. The three forces are d iscussed below:

Econom ic aspects: Land reforms leading to agricultural

deve lopm ent. Then, comes infrastru ctural

deve lopment and scale of public inves tment including

eas y accessibility of loans and funds. Ap art from this

basic services like teleco mmunication, power, ene rgy,

railways etc . Largely env ironment protection, increaseof forest over, finding renewal sou rc es of energ y are

t o b e deve loped.

Soc ia l a spe cts: P opula tion control by effective

implem entation of population policy needed. Health ,

soc ial justice, gender equality, a ll t hese soci al

dimension are to be taken care of.

Good Governance: Legal framework based on legal

rational authority, empowerment, information sharing,

combating corruption, a mi ca bl y handling public

grievances. E nh an cing adm in is trat io n cap acity b y

increasing transparency is needed.

Various requirements of developmentI. H um an asset b ui ld in g inclu des enh ancing hum an

capital. health, education skCII development, training

2. Utilization.of na tura l re sourc es fore sts, se a as a

resource

3. Physical asset which means physical infrastructure

including social forestry

4. Fin an cia l a ss ets w hi ch m ea ns b an ki ng , a cc es s t o

credit , and easy loans to the people

5. Soc ial assets which means bringing gender equality.

Inculcating moral ethical dimension in administration

is essential for development. T hese ass et s n ee d t o be

h arnessed b y th e g ov ernm ent to br in g d ev elop ment.

Developm ent administration is called as systemtransformation.

Public Administration /5

Lucan Pye and Jose ph La Pa larnbora g av e th e

following fa~ tors which ar e t he contemporary focus of

development: .

I. M as s educ ation

2. Rapid communication

3. Bureauc ratization base d on legal rational authority

4. Process of indu str ialization, ur~anization

5. Even Sec ularism brings development,

Anti-development ThesisIt can be ana lysed by und erstanding the impact of

development. Large num ber of countries do not want

western type of development model as it h as create d more

problem this is anti-thesis of development. An

anthropologist Dev Burman made stud y of Bokaro Steel

Plant. The negative aspects of establishin g the steel plant

were:

I. The eth nicity of tribe got destroyed

2. Small percentage of tribal population who were not

ski lled got emplo yment as unskilled labo ur but this

emp loyed g ro up of tribe got alienated from their>U society.

.~ 3. Land prices increased, land mafia emerged an d the

~ tribal population were exploited by the land mafia


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6 / Public Administration

3. When there is imbalance between demand and supply

in various sectors lik e health, education, welfare then

bureaucracy provides the required services to fulfil

the imbalance.

At different level bureaucracy plays different role

At Top Level

They are the policy shaper. In this regard they act as policy

advisor to the policy executive. For this they analyse the

impact and then provide policy input. Based on

comparative analysis, public opinion, people's aspiration,

they give input for t h e f ormation of new policies..

At Middle Level

At middle level directorate are meant for implementation

of policies. In the process of pol icy implementation, large

number of problems like; value of services, money

grievance redressal, corruption. Here bureaucracy plays

the role of providing services on time to given satisfaction

to the people. In general bureaucracy has to bring

transparency and accountability in the system. It is found

that bureaucracy has fai led miserably to act as a change

agent. In such circumstances we move towards state and

market collaboration.

State Vs. Market DebateRight from the nineteenth century there has been very

dominant debate between the r ole of State vs. Market or

between Communism vs. Capitalism. The earlier theory

was based on laissez-faire. It believed that i ndividual

know what is best for t hem hence state intervention was

least desired. It believed that entrepreneurship can be

developed only wh en the state intervenes least as state

intervention kills innovation.

But widespread capitalism and lack of state

intervention resulted in the pitiable condition of labour,rise of monopolistic tendencies, empire bui Iding tendencies

and exploitation of the consumers. The capitalists became

insensitive and went for further exploitation by forming

cartels. Therefore the twentieth century brought state

intervention particularly afterthe Great Depression of 1930.

Keynes also gave importance to welfare role of the State.

Thus communist ideology emerged and state intervention

became vital to provide protection to the labour class and

consumers. State intervention was also needed to check

the monopolistic tendencies of capitalistic class.

With the crackdown of communist ideology the state

intervention proved to be a failure which was visible in

the ineffective and inefficient working of the public

sectors. In 80s an9 90s with the emergence of Liberal ization

Privatization Globalization, market oriented thinking was

revived particularly in the times of Thatcher and Ronald

Reagan. Both declared that the size and role of government

should be substantially reduced and opportunities should

be created for free market in the economy.

S ince in t he beginning of 2 0'1. century we have

witnessed global meltdown so the need is to move towards

a balanced approach where market and state can work in

collaboration.

Reasons for market and stale collaboration are:

l. There exist inadequacies of finances therefore we

need partners to invest and facilitate economic

growth.

2. State alone cannot cope up with the rising demand.

Upper middle class exerts pressure on the govemment

to provide facilities at subsidised rate. due to this the

government cannot collect revenue. So there i; need

of p rivate players who can provide facilities and

charge accordingly.

"J.

In Indian ContextIn India we opted for market economy which was dogmatic

approach. We went for equidistant approach. In terms of

collaboration between the market and the State, their role

need to be clearly defined. No doubt state has to playa

deterministic r ole i n policy formulation. State is required

to plan how to use the financial r esour ces human

resources. State has to provide extension services, help is

resource mobilization to SSls and SHGs. Another important

dimension is the infrastructure: all those activities which

~ facilitate economic development must be provided by the

.~ state to ensure equity and justice in society. State should

Q ) takeover core activities as well as those activities which(/) .. .

:= are sovereign III nature (like slum development). Aparto from this creating legal framework, making administration.~ market friendly should be the prerogative of state.

~ The market can be given secondary and service sector

< 2 activities. Market can be used to invest and fulfil the

g - inadequacies of finances, as state cannot fulfi I the risins8 demands. Today with the end of ideology . in 21" centur~.~ we need to be more practica I and go for a pragmatic

E approach of collaboration between the st at e and the

J : market.

I

C o liberalization

5 Libera Iizat ion is a process of freeing economy from various

a:governmental regulations and withdrawal of all direct

~ controls "" the ~conom~ so that the operations of

o economy IS increasingly guided by freely operat ing market~ forces. The emergence of liberalization in 1990's was due

1 3 to the collapse of Soviet Union. end of Cold War;:: J ascendance of neo-liberalism as manifested in the~ Reagonomics in USA and Thatcherism in UK: as well as

t:t because of the f ocus on creating a New World Order.

~ In India with the emergence of liberalization many

~ changes such as deregulations, delicensing, declining role

: x : of bureaucracy, contracting out, allowing subsides,government going for MoUs with private players etc. has

taken place.

Impact of liberalizationI. The role of public administration has been broadened,

state has to act more like a promoter & facilitator.

Initially the state was only the regulator but there is

need f elt to create large number of Regulatory

Authorities.

Because of market forces operating,

debureaucratization and flat organizations are needed.

This is also due to the emergence ofNPM.

Gradual withdrawal of state has taken place, this has

encouraged privatisation.

Governmental functions are downsizing, today

government is expected to work at macro-level not

micro-level.

2

3.

4.

5 .


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~Q)

(/J

Policies focusing Women ~sDevelopment.>(j For the overall development & em powerment of women

Women and Development ~ various policies have been formulated like The NationalIn our reliaious books a lot of importance to women is r ; : Plan of Action for Women adopted in ) 9 76 beca me agiven. Dignity of women holds due significance in our ~ guiding document for development till 1988 when the

culture. Lifeline of civilization that are rivers are named g National Perspective Plan for Women was formulatedafter the name of women. But in actual practice they are Q 'Shram Shakti' the Report byNCW examined the variousd . d f d di i t .~ challenges faced by women in unorganized sector andepnve a respect an igru y. ..~ . .

E suggested various measures. The National Plan of Action~a.. for the Girl Child (1991-2000) is a decadal plan with special

~ gender sensitivity towards girl child and adolescent girls.

a. Apart from this a separate department of Women andConstitutio/lal-Legal Provisions g Child Development under Ministry of Human ResourceArticle-Tq confers on men and women equal rights and ~ Development in

J

985. Rashtriya MahilaKosh (RMK) wasopportunities in political, economic and social spheres. C' set up in March 1993 to extend credit to poor and assetless

Article-I 5 prohibits discrimination against any citizen on ~ women. Mah.ila Samridhi Yojna (MSY) was launched on

grounds of religion, race, caste, sex etc. alike. Article-I 5(3) ~ Octobe r2, 1993 for making rural women self-reliant. Indira

makes a special provision enabling the State to make ~ Mahila Yojna (IMY) was launched in 1955 to coordinateaffirmative discrimination in favour of women. Similarly ~ d

o and integrate;components of all sectoral programmes anArtcle-16 provides for equality of opportunities. Article- wfacil itate their. convergence to empower women. The STEP

39(a) mentions that the state shall direct its policy towards et: (Support to Training and Employment Program for Women)securing for both men and women equally the rights to ~

~ ~ was launched in 1987 to upgrade the skills of poor andmeans of livelihood. Article-39(c) ensures. equal pay for :;( assetles$:'wdmen. In addit ion to this various socio-

equal work. Article-42 directs the state to make provisions ~ econOffij


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8/ Public Administration

Self-Help Group can be formed with 5 to 10 members.

The groups can avail themselves of financial facilities

offered by the financial institutions and the Government.

The individual members can also apply for the credit

facilities. However, there are certain norms and prescribed

procedures for obtaining credit. Frequently, the group

should convene meetings of its members and discuss all

the issues relating to the groups on a common platform.

This provides an opportunity to members to express freely

their views, expectations and suggestions for improving

the functioning of the group. Regularly Government

agencies and VDOs organize training programs, for

educating and developing skills among members. These

programs enable the members to learn, cooperate and work

in a group environment. SHGs are required to maintain

Self-Help Group Movement records as directed by the monitoring agencies.

To bring about direct empowerment of women and extend The SHGs generate a common fund out of small

scope of wornens participation in economic activities. a ~ savings, promoted on a regular basis among members by

unique program has been started namely Self Help Group .. ~ curtaining unproductive expenditure. Sometimes external

Second ARC report on "Social Capital" talks about ~ resources loaned/elongated by voluntary associations

cooperative endeavour; where a group of women should > involved in promoting and strengthening the groups

have access to credit to participate in economics activities. Usupplement the internal savings. The funds thus created

Article-19 gives right to association and Article-43 give ~ are used for giving loan to its members. Such loans include

directions to the State to promote cooperative societies ~ consumption loans and production loans. The

for cottages industries. So to make women socially, J? consumption loans include subsistence needs, health call,0-

economically.soundmakethemempo\overed,createaspirit 9 social and religious ceremonies and the like. Theof self reliance. provide them with direct economic access, 0 production loans are for the purpose of purchase ofcultivate saving habits in rural women, give them .~ agricultural inputs, investments on poultry, sheep and for

~economic independence SHGs are advocated. In the small business like vending, having etc. The credit needs

process they can decide the most effective ways to utilized ;;: of members are usually assessed in group meetings.

their money in constructive way. this enables women to I An important vehicle to promote finance in India has

take financial decision in family. They have liberty to spend ~ been the SHG program and its linkage with banks. Self-

money on their ownself, and for local development.- 0help group meets the smaller consumption and emerging

o cThe very existence ofSHGs is highly relevant to make ~ needs of its members from its own savings and common

'the people of below poverty line hopeful and self reliant. Z fund generated. As the age of the group increases the

SHGs enable them to increase their income, improve their 8 capacity of the group and quantum credit also group. Bystandard of living and status in society. It acts as a catalyst ~ this time the group would have acquired enough experience

for bringing this section of the society to the mainstream. Uto manage the finance but the funds available are n ot

Self-help Group (SHG) is a homogeneous group of g adequate. At this stage the group needs the support ofpoor, women, users etc. This Group is a voluntary one, ~ the financial institution. SHG banking is a program that

formed on areas of common interest so that they can think, w helps to promote financial transactions between the formal

organize and operate their development. SHGs function ~ rural banking system in India comprising of public and

on the basis of co-operative principles and provide a forum ; 2 private sector commercial banks, regional rural banks andfor members to extent support to each other. It is considered co-operative banks with the informed self-help groups as

as a means of empowerment. SHGs organize very poor clients.

people who do not have access to financial system in the Grarneen Bank, NGO like SEWA provide help for such

organized sector. In groups, normally transparency and activities. Second A RC advocated that SHGs should cover

accountability are lacking. However, in a group like SHG, semi urban and slum areas also. "Swayarnsidha'' was

they are ensured through coilective action of the members. lunched -in 2000-01 in 650 blocks, each having 100 SHGs.

This scheme rnobilises the poor rural people especially Over a period of time little less than a lakh SHGs have

women to form group for mutual benefits. SHGs playa been created. Government provided approximately rupees

crucial role in improving the savings and credit also in 198 crores. Th is shows a step towards women

reducing poverty and social inequalities. empowerment.

3. Women organization should be given greater

importance.

Legal protection need to b e provided ef fectively.

Public consciousness must be created.

Easy accessibility to f inances must be ensured.

Greater degree of employment to women should be

4.

5 .

6.

7.

given.

Greater collaboration between the state and Women

NGOs are needed.

Removal of discrimination, practically is needed.

Sensitivity campaigns must b e launched in every field

of administration.

II. Gender budgeting should be a part of every

Department and Ministry.

8.

9 .

10.


12/13

Public Administration / 9

Questions

1. Development is multi-dimension al in n atu re.

2. . Every social scientist viewed development under

different perspective.

F or a student of Public Administ ra ti on d ispersal of

power leading towards pluralism is considered asdevelopment .

Accord in g to R iggs Develop me nt is a process of

differentiation with integration.

No development can take place without protectionof environment.

3.

4.

5.

6. The current need is balanced econom ic

deve lopm ent which could be sustained w ith soc ial

justice.

Western model of developm ent are not only alien

to many developing countries but has resulted in

wide gaps between ha ve s and have not s.

Economic deve lopm ent process hav e ignored the

vulnerable section of soc iety whi ch has resulted

into unrest in socie ty.

Bureaucracy should playa catalyt ic r ole and should

beco me market friendly.

7.

8.

9 .

,

I " !.10. Bureaucracy can provi de l aw-and order wh ic h is

essentja~ pre-requi site for d evelopm ent.

II. Neither State nor the market alone can fulfil the needi .

of developm ent .

12. Both M~rket and State should playa supplementary

&complementary role.I

13. The polic y o f economic l iberalization has resulted in

emergence of Independence Regulatory Authorities.

14. To provide a level play field to th.e State run

administrative activity there is need to bring N PM .

15. More that structural and procedural change

behavioural changes are required in t he administration

to faci litated socio-economic development.

16. Our strategy for developm ent towards women have

bee n chpng in g f rom Welfare, Deve lopment and

emp owerment.

17. Despite.' various strategies for developm ent of

women ~till there i s gender inequality.

18. SH G movement is a step to wards empowerment of

women and thereby enh ance the dignity and states

of women in rural areas .

-~-.

'-'\ -r-- Pi'lc..9

Documents

Chapter.9 Administrative Law