Questions-paper-I

Organizations, Accountability & Control and Administrative Law

SECTION-A
Q.1. Answer any three 20x3
a) An antagonistic relationship between media and government represents a vital and healthy element of fully functional democracy. Comment.
b) Civil society exist to ensure that the government does provide good governance. Comment.
c) The quality of Executive Control over administration depends crucially on the existence of several critical conditions/factors. Elucidate.
d) Public administration’s ‘public-ness’ is primarily due to its links with the external world. Comment.

Q.2. a) The overhauling of the committee system is a pre-condition for improving Parliamentary control of the executive in India. Examine. 30
b) It is difficult to demarcate the respective roles of HQs and field into water tight compartments. Best efforts in this direction are likely to leave areas of overlap, the so called ‘grey areas’, and it is in the management of these areas lies the key to prevent HQs – field heartburn. Comment. 30

Q.3. Attempt all. 20x3
a) The expression ‘Civil Society’ defies a precise definition. Comment.
b) Company form of organization has been described as a fraud on the constitution and the company’s act. Comment.
c) The Board / Commission form of organisation has both advantages and disadvantages and therefore must be set up with extreme care. Elucidate.

Q.4. a) To transform ‘Right to Information’ regime into an ‘Access to Information’ regime requires several legal, administrative and judicial issues to be addressed adequately. Discuss. 30
b) Discuss the key recommendations of ARC-II with respect to effective operationalization of Right to Information. 30

SECTION-B

Q.5. Attempt all 20x3
a) The function of advisory bodies is merely advisory, yet they render a highly positive service to Public Administration in various respects. Elucidate.
b) Administrative law is not as much an aspect of philosophy of law as it is of sociology of law. Comment.
c) Dicey’s critique of administrative law is slightly exaggerated. Comment.

Q.6. a) Administrative Tribunals have often been described as ‘organised lawlessness’. Comment. 30
b) The distinction between a court of Law and an Administrative Agency exercising judicial powers is rather tenuous. Comment. 30

Q.7 a) Administrative adjudication in India has been subject to a host of controversies. People doubt the independence of Administrators as Judges and also their non-legal approach. Besides no systematic research has been done on the functioning of Administrative Tribunals in India. Examine. 30
b) Discuss the principal characteristics of the system of ‘Droit Administratif’. Is it an ideal system fit for adoption in India? Give reasons for your answer. 30

Q.8. a) Delegated legislation is a consequence of intensive form of government. Yet caution needs to be exercised to ensure that it does not degenerate into ‘new despotism’. Discuss. 30
b) Define the term ‘Social Audit’. In what way does it help in strengthening democracy and public service delivery. Illustrate your answer. 30