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@firststep In constituional and administrative law questions, can you please explain how Administrative law is more constitutional that the constitution itself which is one of the demand of the question?
Good Initiative. @firststep Can you explain what is Warren Bannis Organic Adaptive Model? In that question you can also criticize the post-structuralist models Like matrix,project, etc by raising the positive of having proper rules as happens in Weber's Bureacracy. Proper rules would ensures predictability, accountability , also future references purposes which may not be the case in temporary organisations.
Dont have very good understanding but organic adaptive model is like....... there is no fix structure or hierarchy, People are hire according to the dynamic need. People with different qualities are hired and they are trained accordingly unlike in classical structure where all employees are hired by similar exam and trained under same training program. Now these employees leads the organization according to the situation and not according to hierarchy.
@firststep In constituional and administrative law questions, can you please explain how Administrative law is more constitutional that the constitution itself which is one of the demand of the question?
There are few constitutional laws which are functionally against constitutional ethos. At the same time many administrative laws that works in strengthening constitutional ethos and helps in bringing constitutionalism.
Q. According to Mcgregor, “true professional help is not in playing God with the client, but in placing professional knowledge and skills at the client’s disposal.” In the light of above statement, justify how theory-Y is indicative and not prescriptive. Ans. McGregor considers traditional or classical theories as theory X and presented his theory Y as a response to theory X. He classified theories on the basis of variables like direction and control. Theory X assumes that:- a. Average human being avoids responsibilities. b. He can only be controlled by fear. c. He always needs others help for direction. The effect of these assumptions can be seen in professional-client relationship. Professional having above assumption try to behave like God. In Indian health sector most of the doctors do not explain the symptoms, causes, side-effects etc to patients. They only prescribe medicines and tell that only this is the right way to take medicine. On the other hand theory Y assumes:- a. Under proper circumstances average human being take responsibilities. b. He can be self-controlled and self directed. The effect of these assumptions can also be seen in Indian health sector. Earlier it was impossible to eradicate diseases like polio, tuberculosis etc. But only with the spread of full information about diseases it became possible to curb them. Now people are empowered and can take decisions that when they should visit doctor. With the changing scenario where consumers/clients are educated and well aware of their rights and when their choices are changing with time, theory Y is more successful model for professional-client relationship.
Good Initiative. @firststep Can you explain what is Warren Bannis Organic Adaptive Model? In that question you can also criticize the post-structuralist models Like matrix,project, etc by raising the positive of having proper rules as happens in Weber's Bureacracy. Proper rules would ensures predictability, accountability , also future references purposes which may not be the case in temporary organisations.
Dont have very good understanding but organic adaptive model is like....... there is no fix structure or hierarchy, People are hire according to the dynamic need. People with different qualities are hired and they are trained accordingly unlike in classical structure where all employees are hired by similar exam and trained under same training program. Now these employees leads the organization according to the situation and not according to hierarchy.
Ok. that happens in others too like Matrix, Project organisations,Adhocacy model. So,anything unique about Organic Adaptive Model?
Q. The notion of informal organisation is a residual or cafeteria concept of diverse and sprawling contents. How does Gouldner established the need for understanding the interdigitations between the formal and informal organisation? Ans. In classical theories idea of informal organization was either not included or rejected. But in later theories many thinkers like Barnard, Simon, Gouldner etc wrote on informal organization/group. Different characteristics of informal organizations are:- a. They are structureless. b. They help in communication. c. They protect employees from authoritarianism d. They provide bargaining power to employees. e. They help in motivating people. f. They threat employees in case they don’t follow orders without any valid reason. There are many more features. Features related to formal organization like structure, power, control, planning, accounting etc are given more importance. On the other hand features related to informal organization requires study of interdisciplinary approach like psychology, anthropology, behavioural science, etc and most of them are not empirically tested and are used whenever required. As there is absence of holistic study on informal organization these features are treated as residual and used according to cafeteria approach. Gouldner wrote about the need and relation between formal and informal organization in his natural system model. According to him consent between formal and informal organization is most important. To come to some consensus on ends and means both formal and informal organizations do bargaining. Gouldner emphasised the importance of understanding interdigitations between formal and informal organization because both are important for existence of each other.
Q. The right to information is not all about citizens’ empowerment; it essentially redefines the concept of accountability. Ans. RTI act has brought a paradigm shift in field of administration. Earlier the citizens who were treated as subject and were living under era of opaqueness are now empowered to take informative decisions. Empowerment can be measured in terms of : willingness, ability and instrumentality. • Now citizens are well aware of their rights. Government and civil society has played a major role in spreading awareness. This awareness has awoken the citizen to fight for their rights. • Under RTI act government has made procedure so simple that it can enable the poor and illiterate also to file RTI and get relevant information. • This RTI act, acts like an instrument to fight against human rights violation, corruption, nepotism, favouritism etc. RTI act has not only empowered but also redefined the concept of accountability. Usually accountability is defined in terms of answerability and enforcement. Answerability:- Earlier administration i.e. executive were responsible to parliament but now the situation has changed. Now every act is scrutinised by common people and the real stakeholders. Eg. RTI act has helped in bringing many scams and cases of corruption in front of people. Today even the smallest sum of funds spent by administration in under the scanner of common people. Enforcement :- RTI act has clearly defined the time period under which information is to be provided and in case of non fulfilment the procedure of grievance redressal and punishment to the PIO. This has helped in proper enforcement of RTI RTI act has strengthened democracy as earlier administration was responsible to people via parliament but now it is directly responsible and accountable towards people.
Q. New public management and post new public management reforms initiatives ever affected the balance between managerial, political, administrative, legal, professional and social accountability. Analyse Ans. In 1990’s many new reforms took place like NPM, Public Choice Approach, Good Governance, Citizen charter, RTI etc. These reforms have affected the balance of accountability. This balance can be analysed by asking accountability to whom and accountability for what. Managerial accountability:- NPM and other changes have increased managerial accountability. Managers are accountable towards their organizational goals. Now they provide service on contract basis, and if they are unable to provide output then there services can be terminated. Political accountability:- In this new era relationship between politicians and citizens have changed. Now NPM and PCT have increased their accountability towards clients and decreased towards poorer section of society on the other hand GG has increased their responsibility towards poorer section also. Legal accountability:- With introduction of citizen charter, RTI and other instruments legal accountability has increased. Professional accountability:- With increasing specialization and increasing choices and alternatives, professional accountability has increased. Social and moral accountability:- Many thinkers believe that in this new era social and moral accountability has highly decreased. With increasing consumerism and client based approach, organizations have lost sense of social and ethical responsibility. Cases of economic fraud, climate change, inequality etc strengthen the argument. Initiatives like citizens’ charter, corporate social responsibility have also become managerial tools.
Q. Delegation to independent agencies has taken place in an interdependent progress driven by emulation. Discuss in the context of independent regulatory agencies in the modern regulatory state. Ans. In modern state, services and processes are becoming more complex. With increasing complexity work load of all the branches have increased tremendously. Legislative: have more and more laws to draft. Executive: have increased responsibility to provide better services. Judiciary: have more and more cases to solve emerged out of conflicts. Now no one can imagine better services in absence of laws, and these services cannot be efficient in absence of proper grievance redressal forum. So it is clear that these all branches can excel only together and not alone. Concept of Independent regulatory agencies emerged in United States where there is clear separation of power. But there was constant demand for such agencies. Finally independent regulatory agencies (IRA) which are executive and quasi-judicial in nature were formed by legislature. These IRAs are controlled by all the branches together. In India examples of IRAs are TRAI, IRDA, SEBI etc. All the three branches have delegated some of their authority to these agencies. They can make by-laws, issue notices to execute them and also act acts as court in adjudicating problems. These agencies are sometimes considers as fourth pillar of governance.
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Comments
Ans. McGregor considers traditional or classical theories as theory X and presented his theory Y as a response to theory X. He classified theories on the basis of variables like direction and control.
Theory X assumes that:-
a. Average human being avoids responsibilities.
b. He can only be controlled by fear.
c. He always needs others help for direction.
The effect of these assumptions can be seen in professional-client relationship. Professional having above assumption try to behave like God. In Indian health sector most of the doctors do not explain the symptoms, causes, side-effects etc to patients. They only prescribe medicines and tell that only this is the right way to take medicine.
On the other hand theory Y assumes:-
a. Under proper circumstances average human being take responsibilities.
b. He can be self-controlled and self directed.
The effect of these assumptions can also be seen in Indian health sector. Earlier it was impossible to eradicate diseases like polio, tuberculosis etc. But only with the spread of full information about diseases it became possible to curb them. Now people are empowered and can take decisions that when they should visit doctor.
With the changing scenario where consumers/clients are educated and well aware of their rights and when their choices are changing with time, theory Y is more successful model for professional-client relationship.
Ans. In classical theories idea of informal organization was either not included or rejected. But in later theories many thinkers like Barnard, Simon, Gouldner etc wrote on informal organization/group.
Different characteristics of informal organizations are:-
a. They are structureless.
b. They help in communication.
c. They protect employees from authoritarianism
d. They provide bargaining power to employees.
e. They help in motivating people.
f. They threat employees in case they don’t follow orders without any valid reason.
There are many more features.
Features related to formal organization like structure, power, control, planning, accounting etc are given more importance. On the other hand features related to informal organization requires study of interdisciplinary approach like psychology, anthropology, behavioural science, etc and most of them are not empirically tested and are used whenever required. As there is absence of holistic study on informal organization these features are treated as residual and used according to cafeteria approach.
Gouldner wrote about the need and relation between formal and informal organization in his natural system model. According to him consent between formal and informal organization is most important. To come to some consensus on ends and means both formal and informal organizations do bargaining.
Gouldner emphasised the importance of understanding interdigitations between formal and informal organization because both are important for existence of each other.
Ans. RTI act has brought a paradigm shift in field of administration. Earlier the citizens who were treated as subject and were living under era of opaqueness are now empowered to take informative decisions.
Empowerment can be measured in terms of : willingness, ability and instrumentality.
• Now citizens are well aware of their rights. Government and civil society has played a major role in spreading awareness. This awareness has awoken the citizen to fight for their rights.
• Under RTI act government has made procedure so simple that it can enable the poor and illiterate also to file RTI and get relevant information.
• This RTI act, acts like an instrument to fight against human rights violation, corruption, nepotism, favouritism etc.
RTI act has not only empowered but also redefined the concept of accountability. Usually accountability is defined in terms of answerability and enforcement.
Answerability:- Earlier administration i.e. executive were responsible to parliament but now the situation has changed. Now every act is scrutinised by common people and the real stakeholders.
Eg. RTI act has helped in bringing many scams and cases of corruption in front of people. Today even the smallest sum of funds spent by administration in under the scanner of common people.
Enforcement :- RTI act has clearly defined the time period under which information is to be provided and in case of non fulfilment the procedure of grievance redressal and punishment to the PIO. This has helped in proper enforcement of RTI
RTI act has strengthened democracy as earlier administration was responsible to people via parliament but now it is directly responsible and accountable towards people.
Ans. In 1990’s many new reforms took place like NPM, Public Choice Approach, Good Governance, Citizen charter, RTI etc. These reforms have affected the balance of accountability. This balance can be analysed by asking accountability to whom and accountability for what.
Managerial accountability:- NPM and other changes have increased managerial accountability. Managers are accountable towards their organizational goals. Now they provide service on contract basis, and if they are unable to provide output then there services can be terminated.
Political accountability:- In this new era relationship between politicians and citizens have changed. Now NPM and PCT have increased their accountability towards clients and decreased towards poorer section of society on the other hand GG has increased their responsibility towards poorer section also.
Legal accountability:- With introduction of citizen charter, RTI and other instruments legal accountability has increased.
Professional accountability:- With increasing specialization and increasing choices and alternatives, professional accountability has increased.
Social and moral accountability:- Many thinkers believe that in this new era social and moral accountability has highly decreased. With increasing consumerism and client based approach, organizations have lost sense of social and ethical responsibility. Cases of economic fraud, climate change, inequality etc strengthen the argument. Initiatives like citizens’ charter, corporate social responsibility have also become managerial tools.
Ans. In modern state, services and processes are becoming more complex. With increasing complexity work load of all the branches have increased tremendously.
Legislative: have more and more laws to draft.
Executive: have increased responsibility to provide better services.
Judiciary: have more and more cases to solve emerged out of conflicts.
Now no one can imagine better services in absence of laws, and these services cannot be efficient in absence of proper grievance redressal forum. So it is clear that these all branches can excel only together and not alone.
Concept of Independent regulatory agencies emerged in United States where there is clear separation of power. But there was constant demand for such agencies. Finally independent regulatory agencies (IRA) which are executive and quasi-judicial in nature were formed by legislature. These IRAs are controlled by all the branches together. In India examples of IRAs are TRAI, IRDA, SEBI etc.
All the three branches have delegated some of their authority to these agencies. They can make by-laws, issue notices to execute them and also act acts as court in adjudicating problems. These agencies are sometimes considers as fourth pillar of governance.