Pub. Ad. Optional (Administrative Law) by Abhishiekh Saxena

Category
Optional
Test Date
23-09-2023 07:00 AM
Evaluated
Yes

Instruction:

There will be 2 questions carrying the First Question-is-10 marks Write your answers in 150 words and the Second Question-is-15 marks Write your answers in 250 words.
Any page left blank in the answer-book must be crossed out clearly.
Evaluated Copy will be re-uploaded on the same thread after 2 days of uploading the copy.
Discussion of the question and one to one answer improvement session of evaluated copies will be conducted through Google Meet with concerned faculty. You will be informed via mail or SMS for the discussion.

Question #1. “Administrative law is touted as a necessary evil but in essence, administrative law is complementary to the rule of law”. Evaluate. 10 marks (150 words)

Question #2. There are fundamental conflicts between Dicey's understanding of the Rule of Law and Droit Administratif yet Dicey believed Rule of law to be superior. Comment. 15 marks (250 words)

(Examiner will pay special attention to the candidate's grasp of his/her material, its relevance to the subject chosen, and to his/ her ability to think constructively and to present his/her ideas concisely, logically and effectively).

Model Answer

Question #1. “Administrative law is touted as a necessary evil but in essence, administrative law is complementary to the rule of law”. Evaluate. 10 marks (150 words)

Approach:

Administrative law is the body of law that governs the administration and regulation of government agencies. It deals with structure, functions and powers of administrative organ

Why Administrative law is touted as a necessary evil?

Administrative law places public authorities in an advantageous position over the private individuals. Despite its advantages it negates the rule of law as public authorities gets privilege status against private citizen. Discretionary power may be misused or used to the advantage of the few. Lord Hewart identified administrative law as “organised lawlessness”.

However, administration has to deal with various problem and issues of diverse members of the society. The problem and issues are complex. And to deal with these complexities administrative law becomes inevitable. Particularly in welfare state, where many schemes for the progress of the society are prepared and administered by the government. Thus administrative law has come to stay and it has to be accepted as a necessary evil in all progressive society.

How Administrative law is complementary to Rule of Law?

The convention of international jurist came up with much broader and flexible definition of Rule of Law. The Rule of Law refer to the type of conditions and environment where state is operating in a fair and a just manner so as to achieve constitutional and democratic goals of the state.Delhi convention posited that any legal system has two dimensions- (i) substantive and (ii) procedural.

The procedural dimension empowers the administration. This procedural aspect may be considered as administrative law. Therefore Rule of law and administrative law are complementary and mutually exclusive. The objectives are defined by rule of law and they achieved through administrative law. In fact administrative law is directionless without the rule of law and rule of law will be meaningless without administrative law.

Conclusion- Administration can’t operate in vacuum of laws. For smooth operation of administration, administrative law becomes necessary.

To understand the nature of administrative law on has to consider two school of thoughts:

Continental legal system (Droit Administratif)
Common laws system (Rule of Law)

Continental legal system lie it origin inFrench legal system which had duality of laws (as well as court) - one set of defining the regulating the state and its member of the state (Droit Administratif).

The Common laws system has single set of laws which regulate the behaviour of both members of the society and state.

The fundamental conflicts between Dicey’s understanding of the Rule of Law and Droit Administratif lies in ‘singularity’ of laws (court) in common law system and ‘duality’ of laws (court) in continental system.

Dicey believed Rule of Law to be superior because -

(a) It puts everyone equal before the law.

(b) The Law is supreme, nothing is above the law

Dicey contrasted Rule of Law of England from Administrative Law of continental system. He was of the opinion that there is no rule of law in continental system. This is because duality of law in continental system which has created a privileged section in the society.

However, there are number of scholars who criticised the Dicey Rule of law. Firstly, Dicey ignored number of developments of that time such concept of delegated legislation and administrative tribunals. Secondly, the British crown were enjoying immunity through legal provisions that negated Dicey’s equality before law.

Procedure of Answer Writing:

To participate in the answer writing program, Register yourself for the test. Copies will be evaluated only for the registered students. Registration will be closed after the scheduled date.

Answer Writing, Copy Evaluation, and Marks Improvement Cycle:

Step 1 (Theme, Details & Its Topics):

Every round of Answer writing initiative will be around a theme related to the Subject/Topic.
Please read the theme and its description, and try to cover the topics given within the theme before writing the answer along with the sources.

Step 2 (Answer Writing):

Questions will be uploaded on the portal on the scheduled date at 7:00 AM.
You have to write your answers on an A4 size sheet leaving margins on both sides based on the UPSC pattern.
Mention your name, email id, location, and phone number on the 1st page in the top right corner and the page number on each page.
After writing the answers, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload them in the upload section of the same question.
Kindly submit your written answers before 7:00 PM. Only the first 100 copies will be considered for evaluation. No request for late submission or evaluation will be entertained once the 100 mark is reached.

Note: Answer sheets without the proper guidelines given above will not be accepted for evaluation.

Step 3 (Copy Evaluation): Copies will be evaluated in the next 72 hours of the test date. After evaluation, copies will be uploaded into your account. During the copy evaluation period, doubt clearing and discussion about the theme or topic of the test with respective mentors of the test will be done in the telegram group.

Step 4 (Mentorship): Evaluated copies will be sent to you via mail and also uploaded into your account on the website. After that a mentorship session for the marks improvement with respective faculty will be conducted on the Google Meet, so that students can get a wider perspective of the topics. Here you can discuss your evaluated copies also with the faculty. Top 5 copies of every test will be shared in the telegram group for reference.

Note: Aspirants who have not written the test can also participate in the mentorship session.

For Updates and Mentorship of the session, you will be notified through SMS or Telegram Group.

For Notification And Update About the Program Join Telegram Group at: https://t.me/gsscoreopendailyanswerwriting

Note: You have to write your answers on an A4 size sheet leaving margins on both sides based on UPSC pattern. Mention Your Name on 1st page and Page Number on each page. After writing the answer, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload in the Your Answer Copy section of the same question.