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III Rd Year V - Semester DIRECTORATE OF LEGAL STUDIES Chennai - 600 010 5 Year B.A. B.L., Course Semester System III rd Year V - Semester SI. No Subject Subject Code Page No. 1. Indian Public Administration FRA 3 2. Jurisprudence FRB 21 3. Constitutional Law - I FRC 41 4. Property Law Including Transfer of Property act and Easement Act FRD 79 5. Law of Evidence FRE 103 COURSE MATERIALS 2013-2014 Compiled by: Dr. N. Kayalvizhi M.L., Ph.D., Asst. Professor, Dr.Ambedkar Govt. Law College, Chennai - 600 104 First Compilation : Dec 2012 Second Compilation of Re-edition : Oct 2013 Copyright © Director of Legal Studies, Chennai - 600 010. For Your Information : The Registrar, THE TAMIL NADU Dr. AMBEDKAR LAW UNIVERSITY “Poompozhil”, 5, Dr. D.G.S. Dinakaran Salai, Chennai - 600 028. Telephone : (044) 2464 1212, 2464 1919, Tele - Fax : (044) 2461 7996 Email : [email protected] : [email protected] Website : http://www.tndalu.ac.in THE Directorate OF LEGAL STUDIES, Kilpauk, Chennai - 600 010. Telephone : (044) 2532 1394 Email : [email protected] Website : www.tndls.ac.in Dr. AMBEDKAR GOVERNMENT LAW COLLEGE, CHENNAI -600 104. Telephone : (044) 2534 0907 Email : [email protected] Website : www.draglc.ac.in GOVERNMENT LAW COLLEGE, MADURAI - 625 020. Telephone : (0452) 253 39 96 Email : [email protected] Website : www.glcmadurai.ac.in GOVERNMENT LAW COLLEGE, TirucHirapalli - 620 023. Telephone : (0431) 242 0324 Email : [email protected] Website : www.glctry.ac.in GOVERNMENT LAW COLLEGE, Coimbatore - 641 046. Telephone : (0422) 242 2454 Email : [email protected] Website : www.glccbe.ac.in GOVERNMENT LAW COLLEGE, TirunelVELI - 627 011. Telephone : (0462) 257 8382 Email : [email protected] Website : www.glctvl.ac.in GOVERNMENT LAW COLLEGE, CHengalpattu - 603 001. Telephone : (044) 2742 9798 Email : [email protected] Website : www.glccgl.ac.in GOVERNMENT LAW COLLEGE, VELLORE - 632 006. Telephone : (01416) 224 1744 Email : [email protected] Website : www.glcvellore.ac.in Printed at : Abna Traders, Chennai - 45, Cell : 98400 16816. Email : [email protected] 1. INDIAN PUBLIC ADMINISTRATION UNIT-I 1. MEANING The word “administration” is the noun from the English verb “administer”. It is the combination of the Latin word “ad-rninistiar”, meaning ‘to serve’. To administer is to manage or to direct. Thus administration means management of affairs. The word ‘public’ gives a specialized meaning Governmental or the Government. The public administration refers to the management of the Government affairs at all levels, i.e., national, state and local. Definitions: Prof. Woodrow Wilson, A detailed and systematic execution of public law, every particular application of General Law is an act of administration. Prof. L.D. White, The public administration consists of all those operations having for their purpose the fulfillment or enforcement of public policy. Prof. Pfiffner, It would seem that administration consists of getting the work of Government done by co-ordinating the efforts of the people so that they can work together to accomplish their set task. 2. NATURE There are two views with regard to public administration. They are: 1. Integral view 2. Managerial view 1. Intergral view: In this view, the public administration is the sum total of all the activities undertaken in pursuit of and in fulfillments of public policy. The activities, manual, clerical, technical and managerial which are undertaken to realize the objective in view i.e., the implementation policy or policies in a given field. The work of all persons ranging from the lowest to the highest working in an enterprise are taken into account as being part of administration. 2. Managerial view: In this view, the work of only those persons who are engaged in the performance of managerial functions in an organization constitute administration. It includes managerial or supervisory activities as constituting administration and not the operational activities. Generally, in this view, the ‘admin’ is not doing things, but getting them done. 3 INDIAN PUBLIC ADMINISTRATION Luther Gulick, Postulates, the managerial techniques as; POSDCORB; i.e., planning, organizing, staffing, directing, co-ordinating, reporting, budgeting. 3. SCOPE The scope of public administration is wide enough, keeping in this mind, we can say that public administration refers to the organization of public affairs and their direction. Luther Gulick, Sum up the scope in the form of “POSDCORB” P - Planning o - Organizing S - Staffing D - Directing Co - Co-ordinating R - Reporting B - Budgeting Pfiffner, has divided the scope under two heads: i) Principles of administration ii) Sphere of administration 4. EVOLUTION: The history of Public Administration is divided into five periods: Period-I 1887 to 1926 (Period of Dichotomy) Period-II 1927 to 1937 (Golden Period of Principles) Period-III 1938 to 1947 (Mechanical Approach to Human Relation Theory) Period-IV: 1948 to 1970 (Crisis of Public Administration) Period-V : 1971 to till date (Renaissance Period of Public Administration) 5. PUBLIC AND PRIVATE ADMINISTRATION (Similarities & differences) Similarities: 1. Government agencies do private natural activities. 2. Managerial techniques methods and work procedures are common. 3. Accounting, statistics, office management and procedures and stock staking are problems of administration management are common. 4. Expansion of public factors, candidates from private establishment recruited to senior administration positions in the Government. 4 INDIAN PUBLIC ADMINISTRATION Differences: The four principles which differentiate the public from private administration is given by ‘Sir Josiah Stamp’ is as follows. i) Uniformity ii) External Financial Control iii) Ministerial Responsibility iv) Marginal Return Apart from these, there are many differences which is described based on the following parts: i. Political Direction ii. Profit Motive iii. Service and Cost iv. Nature of Functions v. Public Responsibility vi. Uniform Treatment vii. Anonymity viii. External Financial Control ix. Confirmity of Laws and Regulations x. Social Prestige 6. ORGANIZATION Formal Organization KINDS Informal Organization Theories of Organization: There are many systems of organization which is very difficult to explain, each of them, we can consider the three important theories in detail. 1. Bureaucratic Theory: Max Weber, The German Social Scientist made sociological study of bureaucracy. Bureaucracy refers to the rule conducted from a desk or office. It is in fact, the division of labour applied to administration. Characters: 1. Hierarchy 2. Contract 3. Control 4. Division of work leading to specialization 5. Efficiency 6. Neutrality 5 INDIAN PUBLIC ADMINISTRATION 2. Classical Theory: It is otherwise known as ‘structural theory’. The Chief Exponent of this theory ‘Henry Fayol’, a French Industrialist by birth and wrote three books and many research papers. Henry Fayol stressed that the management is one of the six activities of an enterprise: (i) Technical (ii) Commercial (iii) Financial (iv) Security (v) Accounting and (vi) Managerial Functions. He also classifies the fourteen principles of management as follows: i. Division of work ii. Authority and responsibility iii. Discipline iv. Unity of command v. Unity of direction vi. Sub-ordination of individual interest to general interest vii. Remuneration of personnel viii. Centralisation and Decentralisation ix. Scalar chain x. Order (placement) xi. Equity xii. Stability of tenure of personnel xiii. Initiative xiv. Espirit de corps. 3. Human Relations Theory: This theory is a reaction to formalism and focuses on basing organization on human values, which are of cardinal importance. It takes into account the social, psychological and informal needs of the people. This theory is based on Hawthome Experiments which was conducted in the Western Electric Company in the U.S.A. in late 1920’s under the guidance of Etton Mayo and his colleagues of the Harvard Business School. Eiton Mayo is rightly called as the father of “Human Relation Movements”. The following are the essential of this theory: i) Need for human elements and motivation of working teams, ii) Good supervision with the proper understanding of the subordinates, iii) Proper consultation and communication between the managers and workers, iv) The Hawthome Experiments is as such as follows: (a) Illumination Experiments (b) Relay Assembly Test Room (c) Massive Interviewing Programme (d) Bank Wire Experiment The flow of work and arrangements of operations should give full pay to the Informal Organization of the workers. 6 INDIAN PUBLIC ADMINISTRATION UNIT - II CHIEF EXECUTIVE The persons or body of persons at the head of the administrative system of a country is a Chief Executive. It is the apex of the administrative pyramid. In England the Queen/King and in India the President holds the seat of the Chief Executive. Forms of Chief Executive: 1. Titular Chief Executive; and 2. Real Chief Executive Features of General Managerial System : The main features of the system of administration is as follows: 1 . Scalar System 2. Chief Executive, the master of civil service 3. Control over Institutional Activities 4. Control over Administrative Reports Administrative Functions of the Chief Executive: 1. Deciding administrative policy 2. To authorise details of organization 3. To co-ordinate the organization 4. To appoint and remove the personnel 5. To control the management of finance 6. To supervise, control and investigate the administrative operations
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