Civil Services in India: Administrative Law Notes

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Civil Services in India: Administrative Law Notes- Prolawctor

Civil Services in India: Administrative capability is a major and crucial factor in the success or failure of development efforts. Administrative modernization has been increasingly recognized as an integral part of the development process. As the ability to assume new tasks, to cope with complexity, to solve novel problems, to modernize resources, etc., depends upon the administrative capacity based on increased professionalization, bureaucratization, modernization and administrative talent. This highlights the role of public and personnel administration.
The quality of the institutions run by Government is dependent to a great extent upon the quality of the employees engaged in their operation. The efficient personnel administration can generate
development, dynamism and modernization and ultimately lead to nation building through lubricating and optimizing the capacity and capability of personnel within the Government machinery. The functionaries in public administration can be categorized as “civil services” on the one hand and “public services” on the other. In the current literature on the subject:

  • The term “civil service” denotes the entire group of personnel under the employment of governmental system only, mainly the central government and the state governments.
  • The term “public service” is used for government employees, quasi-government employees, as well as employees of local bodies.

The Civil Service personnel can be further categorized as follows:

  • All operatives who work on the ground level have to directly interact with the common man
  • for rendering a variety of services and performing regulatory functions They belong mostly to Group ‘D’ and partly to Group ‘C’ services and are known as the “cutting edge” of administration.
  • The supervisory level and the middle executive level. They are a whole range of technical and non-technical personnel who belong to the Group ‘B’ services and shade into higher stages of Group “c” at the one end and the lower stages of Group ‘A’ at the other.
  • Executive-cum-management levels constitute mostly Group ‘A’ service personnel comprising a whole range of non technical uni- functional services, scientific and technical services and the All India services. The top most layers of these services constitute the potential reservoir of policy makers and top management. Those moving into these policies and to management levels require training in policy analysis, police formulation, strategic planning, evaluation etc.

Functions of Civil Services

Advice: One of the primary functions of civil service is to offer advice to the political executive.

Ministers rely on the advice of their senior officials who are reservoirs of information and organized knowledge concerning the subject matters, which they administer. The political executive necessarily depends upon the civil personnel. For the information that he needs in formulating his own Programme. In the course of administration many problems arise which are usually worked out in the first instance by the civil service and the reported to the political overhead, if at all, for approval or merely for information.

Programme and Operational Planning: In its broad sense planning is a responsibility of the political executive; planning the periodic adjustments of the revenue structure is a responsibility of the Minister for Finance. But there is a field wherein civil servants also Performa the function of planning, and this is the field of Programme planning. As we know the legislature passes (to draw a framework for the implementation of policy) an Act in general terms to execute and implement the policy for which certain rules and regulations are required. The civil servants, who put that law into execution, determine the specific steps to be taken in order to bring to fruition a policy or a law already agreed upon. Besides, assisting the ministers in the formulation of policy and drawing a framework of plan, the civil services are required to participate in the execution of plan. This is termed as operational
planning.

Production: Civil Service exists to perform services in the broadest sense of the term. Its primary
purpose is production. Every official responsible for running administration needs work standards to enable him to determine whether his organization is reasonably effective, whether his subordinate employees are competent and whether levels of efficiency and output are rising or falling.

Delegated Legislative Powers: Due to the emergence of the welfare state, the activities of the State have got multiplied. The Legislature is neither competent nor has the time to cope with enormous and complex legislation which has consequent grown up. Hence it delegates power of making law to the executive. It passes the bills in skeleton form bearing the details for the executive to fill. The permanent heads of the department evidently performs this job. Administrative Ad judicatory Power. This is another important power, which has been entrusted to the executive due to rapid technological developments and the emergence of the welfare concept of the State. Administrative adjudication means vesting judicial and quasi-judicial powers with and administrative department or agency. In India this power has been mostly given to the administrative heads. Public administration is the basic infrastructure that sustain as modern society. Therefore, the structure of civil administration and the competence of its higher civil servants have always been critical determinants in fueling vitality to drive the wheels of progress in any country.

To know more about Delegated Legislation visit here

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