SYBA SEM 4 Paper 3 Indian Administration
SYBA SEM 4 Paper 3 Indian Administration
SYBA SEM 4 Paper 3 Indian Administration
POLITICAL SCIENCE
SEMESTER - IV (CBCS)
PAPER - III
INDIAN ADMINISTRATION
SUBJECT CODE: UAPOL402
© UNIVERSITY OF MUMBAI
Published by : Director,
Institute of Distance and Open Learning,
University of Mumbai,
Vidyanagari,Mumbai - 400 098.
2 Personnel Administration.........................................................................14
3 Financial Administration..........................................................................36
INDIAN ADMINISTRATION
SEMESTER IV- INDIAN ADMINISTRATION
SEMESTER IV- INDIANSYLLABUS
ADMINISTRATION
REFERENCES
Bava,.Noorjahan.Public Administration REFERENCES
in the 21stCentury, Kanishka Publishers New Delhi,
Bava,.Noorjahan.Public Administration in the 21stCentury, Kanishka Publishers New Delhi,
2010.
2010. Maheshwari, Public Administration, Laxmi Narayan Agarwal Publications, Agra, 2006.
Avasthi,
Avasthi, Maheshwari,
Bhattacharya, Public Administration,
Mohit,NewHorizons of PublicLaxmi Narayan Agarwal
Administration, Publications,
Jawahar Agra, 2006.
Publications, New Delhi,
Bhattacharya, Mohit,NewHorizons of Public Administration, Jawahar Publications, New Delhi,
2008.
2008.
Chakrabarty, Bidyut, and Bhattacharya Mohit (ed.), Public Administration a Reader, Oxford
Chakrabarty,
University Press,Bidyut, and Bhattacharya
New Delhi, 2005 Mohit (ed.), Public Administration a Reader, Oxford
University Press, New Delhi, 2005
Fadia, B. L. &Dr.KuldeepFadia, Public Administration: Administrative Theories and
Concepts,SahityaBhawan, Agra, 2015 Public Administration: Administrative Theories and
Fadia, B. L. &Dr.KuldeepFadia,
Concepts,SahityaBhawan, Agra, 2015
3
3
1
INTRODUCTION TO INDIAN
ADMINISTRATION
Unit Structure
1.0 Introduction
1.1 Evolution of Public Administration in India
1.1.1 Constitutional Context of Indian Administration
1.1.2 Normative Framework of Indian Administration
1.1.3 Political Framework of Indian Administration
1.1.4 Evolution of Indian Administration under British Raj
1.2 Salient features of Indian Administration
1.2.1 Historical features of Indian Administration
1.2.2 Modern features of Indian Administration
1.2.3 Conclusion
1.3 District Administration since Independence:
1.3.1 Changing role of District Collector
1.4 Summary
1.5 Unit Questions
1.6 Reading List
OBJECTIVES
1.0 INTRODUCTION
The administrative system in India carries the legacy of past. The present
system has evolved through the complex process of transmission of
administrative rules, practices, procedures and principles from generation
to generation of political rules. The rules of Maurya’s, Mughals and other
rulers along with British have contributed to the evolution of the
administrative system in its present form. In this lesson our focus is on the
administrative legacy of the British rule.
The British efforts to develop the administrative structure of India began
after a decisive victory of the British East India Company in the battle of
Plassey in 1957 and Battle of Buxar in 1764. With both, the British East
India Company emerged as eminent political power in Bengal and North
India which eventually spread to the rest of the parts of Indian
subcontinent. The purpose of British East India Company shifted from
trade and commerce to consolidation of political rule in the subcontinent. 1
Indian Administration So was the shift in the nature of its administrative system. From this point
onwards to the war of Independence in 1857 mark the evolution of
administration from Company rule to the rule of British Crown or the
Parliament of England. With the Government of India Act, 1858 the rule
of East India Company came to an end and British Parliament began direct
control of political affairs of India. Finally in 1947 with declaration of
Independence from British Raj, the Indian administration started operating
under the sovereign command of Indian State. In the following sections
we will understand the evolution of Indian Administrative System during
the Company rule and direct British control.
3
Indian Administration b. The Pitts India Act, 1784, established a Board of Control
(representing the British Cabinet) over the Court of Directors
(the governing body of the East India Company).
c. The Charter Act of 1833 ended the activities of the East India
Company as a commercial body.
d. The Charter Act of 1853 deprived the Court of Directors of
their patronage power to recruit higher civil servants in India.
e. The Government of India Act of 1858 transferred the
government, territories and revenues of India from the East
India Company to the British Crown.
III. Separation of Power between Executive and Legislative Organs
• Indian political system is modelled after the practices of
parliamentary form of government as inherited from the
British rule. The distribution of legislative and executive
functions between various organs of the state evolved in the
form of fusion of legislative and executive powers between the
executive and legislature. The establishment of this
arrangement began during the initial stages of British rule.
a. The Charter Act of 1853 separated the legislative and
executive functions of the Governor General’s Council.
IV. Open Competition as the basis of recruitment for civil servants
of the Company
• The Charter Act of 1853 introduced the system of open
competition as the basis of recruitment for civil servants of the
Company.
V. Representative Institutions in India and Emergence of
Legislature
a. Indian Councils Act of 1861,
b. Indian Councils Act of 1892
c. Indian Councils Act of
d. The Government of India Act of 1919,
e. The Government of India Act, 1935
VI. Rise of ministries and portfolio system
a. In 1843, the Governor General of India separated the
Secretariat of the government of India from that of the
Government of Bengal. Accordingly, four departments,
namely, home, finance, military and foreign were set up in the
Central Secretariat.
b. In 1859, the portfolio system was introduced by Lord Canning.
Consequently, a member of the Governor-General’s Council
was made in charge of one or more departments of the Central
Secretariat and was authorised to issue orders on behalf of the
council.
c. India Councils Act of 1861, accorded statutory recognition to
the portfolio system.
44
d. In 1947, the departments of the Government of India were Introduction to Indian
Administration
renamed as ministries. In all, there were 18 such ministries in
the Central Secretariat as that time.
VII. Emergence of Federalism with strong Centre
a. Government of India Act of 1919, relaxed the Central control
over the provinces by demarcating and separating the Central
subjects from that of provincial subjects. The Central and
provincial legislatures were authorized to make laws on their
respective list of subjects.
b. The Government of India Act of 1935, provided for
establishment of an all-India federation consisting of provinces
and princely states as units. Consequently, the Act divided the
powers between the Centre and units in terms of three lists,
namely, Federal List (for Centre, with 59 items), Provincial
List (for provinces, with 54 subjects) and the Concurrent List
(for both, with 36 items). The residuary powers were given to
the Governor –General. However, the federation never came
into being as the princely states did not join it.
1.4 SUMMARY
13
2
Indian Administration
PERSONNEL ADMINISTRATION
Unit Structure
2.1.0 Objectives
2.1.2 Introduction
2.1.2 Historical Background
2.1.3 Civil Service in Post-independence Period
2.1.4 Recruitment of All India Services and Central Services
2.1.5 Recruitment of State Services
2.1.6 Summary
2.1.7 Unit End Questions
2.2 Training: All India Services, Central Services, State Services
2.3 Public Service Commission: Union Public Service Commission and
Maharashtra Public Service Commission
2.4 Reference
2.1.0 OBJECTIVES
2.1.1 INTRODUCTION
14
14
2.1.3. HISTORICAL BACKGROUND Personnel Administration
The Constitution provides for the Union Public Service Commission and
State Public Service Commission for the recruitment of the civil servants.
The report of the Macaulay Committee on the Indian Civil Service laid
down the basic policy governing recruitment to civil services for the first
time in 1854. The most important aspects of this policy were the system of
open competition and the scholastic nature of the examination.
The present scheme to test the merit and suitability of candidates for direct
recruitment to the All-India Services and higher Central Services is laid
down by the Kothari Committee and the Satish Chandra Committee.
However, the basic policy and philosophy of recruitment advocated by the
Macaulay Committee continues to influence the system.
The Committee on Recruitment Policy and Selection Methods under the
chairmanship of D.S.Kothari was appointed by the UPSC in1974. Most of
its recommendations were accepted by the Government and implemented
in 1979. The Kothari Committee had recommended a three-stage
selection process – a preliminary examination of objective type with one
16
16
Optional and General Studies paper each, the main examination of the Personnel Administration
subjective type with 9 papers and the final stage of the Personality Test.
This new system of competitive examination came into existence.
The Committee on Recruitment Policy and Selection Methods under the
Chairmanship of Satish Chandra was appointed by the UPSC in 1988.
Some of its recommendations were implemented by the Government in
1993. Satish Chandra Committee of 1989 recommended the introduction
of an Essay paper and a greater weightage for the interview (Personality
Test). The Hota Commission of 2004 recommended the introduction of an
aptitude paper in the preliminary examination.
The competitive examination conducted by the UPSC for direct
recruitment to All India Services and higher Central Services is known as
the ‘Civil Services Examination’. Its salient features are:
Single Examination
The Civil Services Examination is a single and combined examination for
recruitment of the All-India Services and higher Central Services (Group
A and B). It is the most prestigious amongst all other exams and is the
gateway to around 24 government services including IAS IFS, IPS. Every
year lakhs of Civil Services aspirants compete for close to 1000 vacancies,
making it one of the toughest exams to crack.
List of Services included in the combined examination:
All India Services
• Indian Administrative Service (IAS)
• Indian Police Service (IPS)
Central Services (Group A)
• Indian Foreign Service
• Indian P&T Accounts and Finance Service (IP&TAFS)
• Indian Audit and Accounts Service (IA&AS)
• Indian Civil Accounts Service (ICAS)
• Indian Corporate Law Service (ICLS)
• Indian Defence Accounts Service (IDAS)
• Indian Defence Estates Service (IDES)
• Indian Information Service (IIS)
• Indian Ordnance Factories Service (IOFS)
• Indian Postal Service (IPoS)
• Indian Railway Accounts Service (IRAS)
• Indian Railway Personnel Service (IRPS)
• Indian Railway Traffic Service (IRTS)
• Indian Revenue Service (IRS-IT)
• Indian Revenue Service (IRS-C&CE)
• Indian Trade Service (ITrS)
• Railway Protection Force (RPF)
17
Indian Administration Group B Services
• Armed Forces Headquarters Civil Services (AFHCS)
• Delhi, Andaman and Nicobar Islands Civil Service (DANICS)
• Delhi, Andaman and Nicobar Islands Police Service (DANIPS)
• Pondicherry Civil Service (PCS)
• Pondicherry Police Service (PPS)
Pattern of Examination
The competitive examination comprises two successive stages called the
Civil Services Preliminary Examinations (Objective Type) for the
selection of candidates for Main Examination and Civil Services Main
Examination (Written and Interview) for the selection of candidates for the
various services and posts.
Promotion
Apart from this direct recruitment a method of recruitment by promotion
is also followed. The All-India Services Act, 1951 specifies that senior
duty posts not exceeding 33 percent in the IAS, IPS and IFS, are required
to be filled in by promotion of officers employed in the State Services.
Such promotions are made on the recommendations of the Select
Committee constituted for this purpose in each State. Each such
Committee is presided over by the Chairman or a member of UPSC.
• Clerk typist
• Assistant Examination
2.1.6 SUMMARY
• The Civil Services can be categorized into three broad groups - All
India Services (AIS), Central Civil Services and the State Services.
20
20
2.2 TRAINING: ALL INDIA SERVICES, CENTRAL
SERVICES, STATE SERVICES
Unit Structure
2.2.0 Objectives
2.2.1 Introduction
2.2.2 Concept of Training of Civil Servants
2.2.3 Training for All India Services and Central Services
2.2.4 Training Institutions
2.2.5 Training in Maharashtra
2.2.6 Summary
2.2.7 Unit End Questions
2.2.0 OBJECTIVES
2.2.1 INTRODUCTION
During the British colonial rule a system of training for higher civil
services was introduced in India. The Indian Civil Service (ICS)
probationers were given general training in four British universities of
Oxford, Cambridge, London and Dublin for a period of for a year in order
to attend a series of lectures on Indian history, Indian criminal law and
procedure and some Indian language.
During the Second World War, when it was not possible to do so a camp
school was set up at Dehradun to impart training to the new entrants in the
ICS. After independence the Indian Civil Service was converted into
Indian Administrative Service and the institutional training was imparted
to the new recruits at the IAS Training School, Metcalfe House, Delhi.
The Indian Administrative Service Staff College was set up at Shimla to
train senior officials and recruits other than direct recruits. Both these
training institutions were subsequently merged and the National Academy
of Administration was set up in September 1959 at Moussorie. The
academy is now named as La1 Bahadur Shastri National Academy of
Administration (LBSNAA) which is the most important central institution
of training of the higher civil services including the All-India services.
Present System of Training
After clearing the UPSC civil services examination, all fresh recruits have
to undergo rigorous training at various institutions according to the service
allocated to them. New entrants to All-India and Central Services are
imparted a five-month foundational course training at Lal Bahadur Shastri
National Academy of Administration (LBSNAA) in Mussoorie,
Uttarakhand.
In the foundational course emphasis is laid on the teaching of the subjects
like Public Administration, Economics, Planning, Law, Political Theory,
Indian Constitution, Cultural History of India, the National Movement etc.
Methods used in the training include lectures, Tutorials, Case Studies,
22
22
Management Games, Guest Lectures, and Films etc. For those entrants Training: All India
Services, Central
who cannot read and write Hindi, special lessons are also given in Hindi. Services, State Services
Total 36 Months
24
24
Table: 4 Training: All India
Services, Central
Foundation Training 4 Months Services, State Services
Total 36 Months
After completing 15-week training at the LBSNAA, the probationers join
the Sushma Swaraj Foreign Service Institute, in New Delhi for a more
intensive training in a host of subjects important to diplomacy, including
international relations theory, military diplomacy, trade, India's foreign
policy, history, international law, diplomatic practice, hospitality, protocol
and administration. At the conclusion of the training programme the
officer is assigned his/her compulsory foreign language (CFL). After a
brief period of desk attachment in the Ministry of External Affairs the
officer is posted to an Indian Mission abroad in a country where his CFL
is the native language and enrolled in a language course. The officer is
expected to develop proficiency in his CFL and pass the requisite
examination before he is confirmed in service.
Training of Other Higher Services
After completion of four months combined foundational course at
LBSNAA the probationers of various higher civil services are sent to their
respective training institutes for professional training. The brief
description of the training of the probationers of various higher civil
services is given below:
25
Indian Administration • The Indian Customs Service as well as Central Excise Service
probationers are trained at the Customs and Central Excise Training
School, New Delhi.
2.2.6 CONCLUSION
2.2.7 SUMMARY
Unit Structure
2.3.0 Objectives
2.3.1 Introduction
2.3.2 Historical Background of Public Service Commissions
2.3.3 Union Public Service Commission
2.3.4 Maharashtra Public Service Commission
2.3.5 Conclusion
2.3.6 Summary
2.3.7 Unit End Questions
2.3.8 Reference
2.3.0 OBJECTIVES
2.3.1 INTRODUCTION
It was the Government of India Act, 1919, which for the first time
recognized the need for the establishment of a Public Service Commission
in India. It was of the view that an expert body, free from political
29
Indian Administration interference should be set up, entrusted with the task of recruitment of
civil servants and regulation of their service matters.
In 1924, the Lee Commission again recommended that the Statutory
Public Service Commission contemplated by the Government of India Act
1919, should be set up without delay with the following functions: i.
Recruitment of personnel for the public services and the establishment of
proper standards of qualification for admission to these services. ii. Quasi-
judicial functions connected with the disciplinary control and protection of
the service.
The first Public Service Commission was set up in1926, with Sir Ross
Barker as Chairman and four ordinary members. However, its limited
advisory functions failed to satisfy the people’s aspirations and the
continued stress on this aspect by the leaders of our freedom movement
resulted in the setting up of the Federal Public Service Commission under
the Government of India Act 1935. Under this Act, for the first time,
provision was also made for the formation of Public Service Commission
at the provincial level. On 26th January, 1950 the Federal Public Service
Commission was accorded a constitutional status as an autonomous entity
and given the title – Union Public Service Commission.
30
30
• On ground of proven misbehaviour after an inquiry by the Supreme Public Service Commission:
Union Public Service
Court on reference made by the President. Commission and
Maharashtra Public Service
The terms and conditions of service of Chairman and members of the Commission
UPSC are governed by the Public Service Commission (Members)
Regulations, 1969. The Commission is serviced by a Secretariat headed by
a secretary with two Additional Secretaries, a number of Joint Secretaries,
Deputy Secretaries and other supporting staff.
According to Article 322 of the Indian Constitution the expenses of the
Union or a State Public Service Commission, including any salaries,
allowances and pensions payable to or in respect of the members or staff
of the Commission, shall be charged on the consolidated Fund of India or,
as the case may be, the Consolidated Fund of the State.
Functions and Role
The UPSC has been entrusted with the following duties and role under
Article 320 of the Constitution:
i. It conducts examinations for appointments to the services of the
Union, which includes All India Services, Central Services and
Public Services of the Union Territories.
ii. It is responsible for Direct recruitment by selection through
interviews and appointment of officers on promotion / deputation /
absorption
iii. It assists States in framing and operating schemes of joint
recruitment for any services for which candidates possessing special
qualifications are required, if requested by any two or more States
do so.
iv. It is consulted on the following matters:
a) All matters relating to methods of recruitment to civil services
and for civil posts.
b) The principles to be followed in making appointments to civil
services and posts and in making transfers and promotions
from one service to another and on the suitability of the
candidates for such appointments, transfers and promotions.
c) All disciplinary matters affecting a person serving under the
Government of India in a civil capacity, including memorials
or petitions relating to such matters.
d) Any claim of costs incurred by a civil servant in defending
legal proceedings instituted against him in respect of acts done
or purporting to be done in the execution of his official duty.
e) Any claim for the award of a pension in respect of injuries
sustained by a person while serving under the Government of
India and any question as to the amount of any such award.
f) Any matter related to personnel management referred to it by
the President.
31
Indian Administration g) It presents annually to the President a report as to the work
done by the Commission
However, the Parliament can confer additional functions to the UPSC
relating to the services of the Union. It can also extend the function of the
UPSC by placing the personnel system of any local authority or other
body corporate constituted by law or of any public institution under it.
The annual report of the UPSC regarding its performance is submitted to
the President. The President then gets this report laid before both the
Houses of Parliament, together with a memorandum explaining the cases
where the advice of the Commission was not accepted and the reason for
such non acceptance.
Limitations on the powers of UPSC
The following matters are kept outside the purview of UPSC:
a) While making reservations of appointments or posts in favour of any
backward class of citizens
b) While taking into consideration the claims of scheduled castes and
scheduled tribes in making appointments to services and posts
c) Posts in the Secretariat of the Lok Sabha and the Rajya Sabha
d) All technical and advisory posts in or under the Atomic Energy
Commission
e) Judicial Commissioners and Additional Judicial Commissioners,
District Judges and Additional District Judges in Union Territories
f) With regard to the selections for chairmanship or membership of
commissions or tribunals, posts of the highest diplomatic nature and
a bulk of group C and group D services. Almost all of Group C and
Group D Central Services are fulfilled by the Staff Selection
Commission
g) The President can also, in respect to the All-India Services and
Central Services and posts may make regulations specifying the
matters in which it shall not be necessary for UPSC to be consulted.
All such regulations shall be laid before the Parliament which can
amend or repeal them.
The Government of India Act, 1935 provided for the establishment of the
Public Service Commission at the provincial level known as the State
Public Service Commission and the Constitution of India gave it a
constitutional status as autonomous bodies. The State Public Service
Commissions were constituted under the provisions of the Constitution of
India. The same set of Articles (i.e., 315 to 323) of the Constitution also
deals with the composition, appointment and removal of members, power
and functions and independence of a State Public Service Commission.
Maharashtra Public Service Commission (MPSC) is a Constitutional Body
established under Article 315 of the Constitution of India. It ensures a
smooth and efficient functioning of the Government of Maharashtra
32
32
(GoM) by providing suitable candidates for various Government posts. It Public Service Commission:
Union Public Service
also advises the Government on various service matters like formulation Commission and
of Recruitment Rules (RR), promotions, transfers and disciplinary actions Maharashtra Public Service
Commission
etc.
Composition, Appointment and Terms of Members
It comprises of a chairman and other members appointed by the Governor
of the State. One half of the appointed members of the Commission should
have held office for at least ten years either under the Government of India
or under the Government of a State. The Constitution has not specified the
strength of the Commission. The Governor is empowered to determine the
number of members as well as staff of the Commission and their
conditions of service. Shri Vitthal Narayan More is the current Chairman
of MPSC and there are five members.
The Chairman and members of the MPSC hold office for a term of six
years or until they attain the age of 62 years, whichever is earlier. The
members can resign in between the term by addressing their resignation to
the Governor.
Functions of the MPSC
As per Article 320 of the Constitution of India, MPSC has been entrusted
with the following major functions: -
i. To conduct examinations for appointments to the service of
Government of Maharashtra and its allied organizations.
ii. To advise the State Government on:
a) Matters relating to methods of recruitment to the various
services
b) Suitability of candidates for appointment to the services
through making promotions, deputations and nominations and
transfers
c) Disciplinary matters affecting Government servants’ transfers
d) Claims for reimbursement of legal expenses incurred by
Government servants while defending legal proceedings
instituted against them for acts done or purporting to be done
in the execution of their duty’s transfers
e) Claims for award of injury/family pension to Government
servants and transfers
f) Any other matter referred to them by the Governor
iii. In addition, in the State of Maharashtra, the Commission deals with
the following matters:
a) Under Section 80-B of the Mumbai Municipal Corporation
Act, the Commission have been entrusted with the
responsibility of advising:
• The Municipal Corporation of Greater Mumbai
regarding appointments to posts under the control of
Corporation which are equivalent to or higher than the
post Executive Engineer
33
Indian Administration • The Mumbai Electric Supply and Transport undertaking
regarding appointments to certain posts
• Claims for reimbursement of legal expenses incurred by
Government servants while defending legal proceedings
instituted against them for acts done or purporting to be
done in the execution of their duty’s transfers
b) To hold departmental examinations for certain Government
Departments for employees of their departments and advice
Government regarding other matters pertaining to the
examinations
The annual report of the State Public Service Commission regarding its
performance is submitted to the Governor. The Governor then gets this
report laid before the State Legislature, together with a memorandum
explaining the cases where the advice of the commission was not accepted
and the reason for such non acceptance.
2.3.5 CONCLUSION
2.3.6 SUMMARY
2.3.8 REFERENCES
35
3
Indian Administration
FINANCIAL ADMINISTRATION
Unit Structure
3.0 Learning Objectives
3.1 Introduction
3.2 Concept and Significance of Budget
3.3 Budgetary Process in India
3.4 Preparation of the Union Budget
3.5 Enactment of the Union Budget
3.6 Execution of Budget
3.7 Summary
3.8 Unit End Questions
3.1 INTRODUCTION
The present budgetary system of India owes its origin to the colonial
period when the Finance Department was established in 1843 to look after
the financial affairs of the government. After Independence it was
replaced by a responsive and development-oriented budgetary system
under the provisions of the Constitution of India.
The budgetary processes in India follow the procedure laid down in
Articles 112 to 117 of the Constitution. Accordingly, annual Budget of the
Union, called the Annual Financial Statement of estimated receipts and
expenditure, is to be laid before both Houses of the Parliament in respect
of every financial year. The financial year commences on 1st April and
ends on 31st March of the following year. India has a federal system
therefore the State Governments have their own Budgets which are
presented and approved in their respective State Legislatures.
Earlier the Budget was presented in two categories i.e. Railway Budget
and General Budget. During the British rule, there was a separate Railway
budget because a larger part of the country’s GDP depended on railway
revenue. The tradition of having the General and Railway Budgets
separately continued when India gained freedom. However, the
government decided to merge both the Budgets from the year 2017-18.
The Budget shows the receipts and payments of government under three
parts in which the government accounts are kept:
i) Consolidated Fund of India: All revenues credited to the
government; all loans received; all payment received as repayment
of loans given; are credited to this fund. No money can be
withdrawn from this fund without authorisation from the Parliament.
ii) Contingency Fund of India: To meet unforeseen circumstances
Parliament created this fund. It is placed at the disposal of the
President of India. Money can be issued pending authorisation of
Parliament. However, the Finance Secretary handles it; it is operated
by executive action.
iii) Public Account of India: Payment usually of the nature of banking
transactions are made from this account; It is operated by executive
action so Parliament’s authorisation is not needed; Provident fund
deposits, judicial deposits, savings bank deposits, departmental
deposits or remittances are credited here.
Charged Expenditure
Under the Constitution, certain items of expenditure like emoluments of
the President, salaries and allowances of the Chairman and the Deputy
Chairman of the Rajya Sabha and the Speaker and Deputy Speaker of the
Lok Sabha, salaries, allowances and pensions of Judges of the Supreme
Court and the Comptroller and Auditor-General of India, interest on and
repayment of loans raised by government and payments made to satisfy
decrees of courts etc; are charged on the Consolidated Fund. These are not
subject to the vote of Parliament. The Budget shows the charged
38
38 expenditure separately in the Consolidated Fund.
Composition of Budget Financial Administration
Once the Budget is prepared, it goes to the Parliament for enactment and
legislation. Article 265 of the Indian Constitution provides that “No tax
shall be levied or collected except by authority of law.”
Article 266 provides that, “No moneys out of the Consolidated Fund of
India shall be appropriated except in accordance with law and for the
purposes and in the manner as passed by the Legislature.”
In Parliament, the Budget has to go through the following stages:
i) Budget Presentation: The President of India convenes the Budget
session of the Parliament, usually in the month of February.
Generally, the Budget was presented on the last working day of
February, a month before the commencement of the financial year
but this practice has changed. Since 2017, the Union Budget has
been presented on the first of February every year. The Budget
session commences with the President ‘s address and followed by
the presentation of the Budget.
The finance minister presents the Budget in the Lok Sabha with a
speech known as the ‘Budget Speech’. Budget speech of Finance
Minister is in two parts, Part A constitute a general economic
condition of the country while part B relates to taxation proposals.
At the end of the speech in Lok Sabha, the Budget is laid before the
Rajya Sabha. Printed copies of the Budget are distributed among the
members of the Parliament to go through the details of the budgetary
provisions.
ii) General Discussion of Budget: The Speaker of Lok Sabha fixes the
date on which general discussion on the Budget will take place.
Such discussion usually takes place one week after the presentation
of the Budget. In the first stage, broad outlines of the Budget,
principle and policies underlying it are to be discussed in general
discussion of the budget which lasts for about four to five days. The
finance minister has the general right of reply at the end of the
discussion. In this stage Budget is not submitted to the vote of
Parliament. The second stage of discussion on the Budget is held
based on reports of concerned Departments/Ministries Standing
Committees. It is usually done after a month of a general discussion
of the Budget. Standing Committees submit reports to the House
which are persuasive in nature.
iii) Vote on Account: Since the passing of the Budget takes almost two
months, the Government requires the sanction of an amount to
maintain itself for this period. According to Art 116, a special
41
Indian Administration provision called 'Vote on Account' is created by which vote of
Parliament is obtained by the Government for a sum sufficient
generally for two months to incur expenditure. During the election
year a Vote on Account may exceed from two to four months
expenditure.
iv) Voting on Demands for Grants: After Sanding Committee reports
are presented to the House, the House proceeds with a Ministry wise
discussion of Committee Reports and Voting on Demand for Grants.
The time for discussion and Voting on Demand for Grants is
allocated by the Speaker in consultation with the leader of the
House.
Introduction and Voting on Demands for Grants takes place only in
the Lok Sabha. The Lok Sabha has the power to assent, refuse to
assent and even to reduce the amount of the Demand for Grant. In
Rajya Sabha, there is only general discussion of the Budget. The
Upper House does not vote on the Demands for Grants.
Cut Motions
The motions to reduce the amounts of demands for grants are called
‘Cut Motion’. It can be on the following grounds: economy, policy
cut and token cut. Economy Cut Motion demands reduction of a
specified amount from the demand for Grant representing the
welfare of the economy. According to Policy Cut Motion, the
demand for a grant is reduced to Re.1 representing the disapproval
of the policy underlying the demand. A member giving such notice
should indicate precise terms, the particulars of the policy which he
proposes to discuss. It is open to the member to advocate alternative
policy. Token Cut Motion is used to voice a grievance. In token cut,
the amount of the Demand for Grant is reduced by Rs.100 in order
to express a specific grievance. Such motions, when put to vote, are
usually defeated but such motions enable the members of Parliament
to expose the inefficiency, unsatisfactory working and other
deficiencies.
Guillotine
The guillotine is passing the Demand for Grants without discussion.
On the last day of the period allotted by the Speaker due to the
paucity of time, the Speaker puts all the outstanding Demands for
Grants to vote of the House. The guillotine concludes the discussion
on Demands for Grants.
v) Passing of Appropriation Bill: As per the Constitution of India, No
Money can be withdrawn from the Consolidated Fund of India
except under ‘Appropriation Made by Law’. In order to appropriate
the fund from the Consolidated Fund of India, the Appropriation Bill
is introduced in the session to meet the required money of –a. Grants
voted by Lok Sabha and b. Expenditure charged on the Consolidated
Fund of India.
The Appropriation Bill is introduced in the Lok Sabha. The Bill
follows the same procedure in the House as any other Money Bill.
42
42
After the Bill is passed in the House, it is certified by the Speaker as Financial Administration
a Money Bill and it is sent to the Rajya Sabha. Rajya Sabha is
empowered to discuss the Bill and make recommendations within 14
days to the Lok Sabha. The latter may or may not accept the
recommendations. In case the Rajya Sabha does not return the bill
within the 14 days, the bill is deemed as passed by that House. After
the Bill is passed by both Houses of Parliament it is sent to the
President of India for his formal assent.
vi) Passing of Finance Bill: The Finance Bill is a finance proposal
(taxes to be imposed) of the Government of India for the following
year, it is subjected to all the conditions of a Money Bill (Art-110).
Unlike in Appropriation Bill, the amendments that seek to reject or
reduce a tax can be moved in the case of Finance Bill. The
procedure for the enactment of the Financial Bill is the same as in
passing of Money Bill. When this bill is enacted by Parliament and
receives the formal assent of the President, the government is
authorised to collect taxes as provided in the Finance Bill. It
legalises the income side of the Budget and completes the process of
enacting the Budget.
43
Indian Administration 3.7 SUMMARY
44
44
3.2 PARLIAMENTARY COMMITTEES
Unit Structure
3.2.0 Learning Objectives
3.2.1 Introduction
3.2.2 Public Accounts Committee
3.2.3 Estimates Committee
3.2.4 Committee on Public Undertakings
3.2.5 Summary
3.2.6 Unit End Questions
3.2.1 INTRODUCTION
45
Indian Administration i) Public Accounts Committee
ii) The Estimates Committee
iii) Committee of Public Undertakings
A brief account of these committees is given below.
48
48
The Estimates Committee was created in our country after the Parliamentary Committees
inauguration of the Consti-tution in 1950 on the suggestion of Dr. John
Mathai, the then Finance Minister, to scrutinise expenditure of each
Department of the Government and of the Government as a whole.
Composition
It is set-up every year from amongst the members of the Lok Sabha by a
system of proportional representation and single transferable vote. It
consists of 30 members, all belonging to the Lok Sabha. The Chairman is
appointed by the Speaker and if the Deputy Speaker happens to be a
member of the Committee he automatically becomes the Chairman. No
Minister can be appointed in the Estimates Committee. The Committee is
renewed every year but one-third of its members retire every year.
Conven¬tionally they are re-elected year after year.
Functions
The Estimates Committee has been entrusted with the following functions:
i) To report, what economies, improvements in organisation,
efficiency and administrative reforms, consistent with the policy
underlying the estimates, may be affected
ii) To suggest alternative policies in order to bring about efficiency and
economy in administration
iii) To examine whether the money is well laid down within the limits
of the policy implied in the estimates
iv) To suggest the form in which the estimates shall be presented to
Parliament.
The Committee does not exercise its functions in relation to such Public
Undertakings as are allotted to the Committee on Public Undertakings by
Rules of procedure of Lok Sabha or by the Speaker.
Working of the Committee
The Committee is constituted in June and the work starts from July. It
selects such of the estimates pertaining to a Ministry/Department of the
Central Government or such of the statutory and other bodies of the
Central Government as may seem fit to the Committee. The Committee,
from time to time, appoints one or more Sub-Committees/Study Groups
for carrying out detailed examination of various subjects. The Committee
has power to send for papers, persons, and records.
The observations/recommendations of the Committee are embodied in its
Reports which are presented to the Lok Sabha. After a Report has been
presented to the House the Ministry or Department concerned is required
to take action on the recommendations and conclusions contained in the
Report within a period of six months.
The replies of the Government are examined by the Committee and an
Action Taken Report is presented to the House. The replies to the
recommendations contained in the Action Taken Reports are laid on the
table of Lok Sabha in the form of Statements.
49
Indian Administration Evaluation
In the Indian Constitution, there are a few limitations put forth for the
Estimates Committee. Those limitations are given below:
i) The power to examine the Budget estimates is not an absolute one.
The Committee can only examine the Budget after it is voted upon
and not before that.
ii) Nowhere the power to question the policies of the Parliament has
been conferred upon the committee.
iii) All the recommendations made by the committee are advisory in
nature and stand non-binding for the Parliament.
iv) In a year, the Committee does not examine the budgets of all the
Ministries/Departments. It chooses a few departments whose budget
it wants to examine. Therefore, Budget estimates of all the
Ministries/Departments are examined over a period of years and not
in one year.
The purpose of this committee is to examine the estimates included in the
Budget presented in the Parliament. It also suggests economies in public
expenditure. For the same, it is also called ‘Continuous Economy
Committee.’ It is performing useful work in spotlighting the various acts
of omission and commission of the government. In its various reports
submitted from time to time, the Committee suggested various reforms in
financial as well as administrative systems. The reports educate the public
on the functioning and performance of the Government. The Committee
serves as a moral check on the activities of all departments and ensures
that the tax-payers’ money is spent efficiently.
50
50
Functions Parliamentary Committees
3.2.5 SUMMARY
53
Indian Administration
3.3 COMPTROLLER AND AUDITOR GENERAL
Unit Structure
3.3.0 Learning Objectives
3.3.1 Introduction
3.3.2 Concept of Audit
3.3.3 Constitutional Position of Comptroller and Auditor General
3.3.4 Duties and Functions
3.3.5 Role of Comptroller and Auditor General as an Independent Agency
3.3.6 Summary
3.3.7 Unit End Questions
3.3.1 INTRODUCTION
54
54
Background Comptroller and
Auditor General
Audit is an ancient concept. Some of its antecedents can be traced back to
the administration of the Greek city states, the early Chinese Bureaucratic
empires and the kingdoms described in the Hebrew Bible. In the modern
times Britain was the first country to evolve an audit of public accounts in
order to ascertain whether the behests of the Parliament were complied
with or not. The Auditor was independent of the executive and reported
direct to the Parliament. In the United States, independent audit emerged
with the inauguration of the Budget and Accounts Act of 1921.
India
In Kautilya’s famous book Arthshasthra which is a treatise on how to run
a Government, there is a detailed mention of financial administration and
financial probity. In medieval times, the Mughals had an elaborate system
of accounting and auditing right from the village level upto the
government level. The East India Company which was the forerunner of
the British Government in India felt the need for proper accounting system
and auditing when their business expanded in India. However, it can be
said that modern methods of audit and accounting came first to India when
the Office of the Accountant General was established in 1858 (the year the
British Crown took over administrative control of India from the East
India Company).This laid the foundation stone of Imperial Audit. Sir
Edward Drummond took charge in 1860 as the first Auditor General and
the term ‘Comptroller and Auditor General of India’ was first used in
1884. Under the Montagu-Chelmsford Reforms Act of 1919, the Auditor
General became independent of the Government. The Government of
India Act 1935 strengthened the position of the Auditor General by
providing for Provincial Auditors General in a federal set-up.
The Comptroller and Auditor General derives its audit mandate from the
different sources:
• Constitution of India (Articles 148 to 151)
• The Comptroller and Auditor General’s (Duties, Powers and
Conditions of Service) Act, 1971
• Important Judicial Judgments
• Instructions of Government of India
• Regulations on Audit & Accounts-2007
56
56
Duties Comptroller and
Auditor General
The Comptroller and Auditor General has the following duties:
i) He audits the accounts related to all expenditure from the
Consolidated Fund of India, Consolidated Fund of each State and
Union Territory having a legislative assembly.
ii) He audits all expenditure from the Contingency Fund of India and
the Public Account of India as well as the Contingency Fund and
Public Account of each state.
iii) He audits all trading, manufacturing, profit and loss accounts,
balance sheets and other subsidiary accounts kept by any department
of the Central Government and the State Governments including the
Indian Railways and Posts and Telecommunications.
iv) He audits the receipts and expenditure of all bodies and authorities
substantially financed from the Central or State revenues;
Government companies; other corporations and bodies, when so
required by related laws.
About 1,500 public commercial enterprises controlled by the Union and
the State Governments, around 400 non-commercial autonomous bodies
and authorities owned or controlled by the Union or the States and over
4,400 authorities and bodies substantially financed from Union or State
revenues are subject to the audit of the Comptroller and Auditor General.
Functions
The Comptroller and Auditor General has the following functions:
i) He audits all transactions of the Central and state governments
related to debt, sinking funds, deposits, advances, suspense accounts
and remittance business.
ii) He audits the accounts of any other authority when requested by the
President or Governor e.g. Local bodies.
iii) He advises the President with regard to prescription of the form in
which the accounts of the Centre and States shall be kept.
iv) He submits his Audit Reports relating to the accounts of the Centre
to the President, who shall, in turn, place them before both the
houses of Parliament.
v) He submits his Audit Reports relating to the accounts of a State to
the Governor, who shall, in turn, place them before the State
Legislature.
vi) He ascertains and certifies the net proceeds of any tax or duty and
his certificate is final on the matter.
vii) He submits 3 Audit Reports to the President: Audit Report on
Appropriation Accounts, Audit Report on Finance Accounts and
Audit Report on Public Undertakings.
Before 1976, the CAG had a two-dimensional role, that accounting and
auditing. Due to the separation of accounts and audit in 1976, the CAG’s
duty is the auditing of accounts. Since 1976, accounting is being done by
the various departments themselves with the help of Indian Civil Accounts
Service.
57
Indian Administration Types of Audit performed by CAG
While fulfilling his constitutional obligations, the Comptroller and Auditor
General examines various aspects of Government expenditure. There are
different types of audit:
• Regulatory Audit: It is an audit to ascertain whether the moneys
spent were authorised for the purpose for which they were spent and
also that the expenditure incurred was in conformity with the laws,
rules and regulations.
• Performance Audit: Performance audit answers whether the
government programmes have achieved the desired objectives at the
lowest cost and given the intended benefits. It generally does not get
into the merits-demerits of a particular policy/scheme rather looks
into the effectiveness with which the scheme is implemented and
any deficiencies thereof. During the last few years, CAG has
conducted performance audits of most of the key socio-economic
programmes of the government of India e.g. National Rural
Employment Guarantee Scheme (NREGS), National Rural Health
Mission (NRHM), Sarva Siksha Abhiyan (SSA) etc.
• Environmental Audit: This is a relatively new area of concern for
the CAG keeping in mind the challenges facing India with respect to
conservation and management of the environment. More than 100
audits on environmental issues like bio-diversity, pollution of rivers,
waste management have been conducted by the CAG to identify
critical issues and suggest possible solutions by involving all
stakeholders.
58
58
The Comptroller and Auditor General plays a unique role in Indian Comptroller and
Auditor General
democracy, by upholding the Constitution and the laws in the field of
financial administration.
3.3.6 SUMMARY
59
4
Indian Administration
4.0 OBJECTIVE
Presentation
There can be no refusal of the way that debasement has stayed a 100% of
the time critical and profoundly pertinent issue to be managed in our
country. This stand authenticated from the discoveries of different global
bodies like the World Bank, Transparency International and different
associations, which have reliably appraised India very coming up short on
this aspect. Concerns have more than once emerged, all through
Parliament, for setting up fitting components to control debasement.
66
66
Contemporary Issues
in Indian Administration
Meaning
The word Lokpal etymologically, implies the "defender of individuals".
Embracing the renowned Lincolnian expression, it can likewise be seen
assurance/defender "of individuals, by individuals, for individuals". The
word 'Ombudsman', then again, is established in the Old Norse language,
basically signifying "agent", for example an authority accused of
addressing the interests of the general population by exploring and tending
to grumblings announced by person residents.
Endeavors by Dr. L. M. Singhvi:
While the nation had been wrestling with the issue of debasement at
various levels including at the degree of Parliament, there arose all around
the world, and particularly in the Scandinavian nations, the idea of
Ombudsman to handle debasement or potentially to change public
complaints. A proposition in such manner was first started in the Lok
Sabha on April 3, 1963 by the Late Dr. L. M. Singhvi, MP. While
answering to it, the then Law Minister saw that however the organization
appeared to be loaded with potential outcomes, since it included a question
of strategy, it was for the Prime Minister to choose in such manner.
Dr. L M Singhvi then by and by conveyed this plan to the then Prime
Minister, Pandit Jawahar Lal Nehru who thusly, with some underlying
faltering, recognized that it was an important thought which could be
integrated in our institutional structure.
Proposals of the Administrative Reforms Commission:
These endeavours set up for developing a foundation like Ombudsman in
India and thusly, the possibility of Lokpal surfaced in the public
authoritative Regulatory Reforms plan. The Government named an
Afterward, Commission which in its proposals recommended a plan of
designating Lokpal at Center and Lokayuktas in each State.
The Administrative Reforms Commission (ARC), which was established
in 1966, gave need to the issue of redressal of public complaints and
presented its First Interim Report on the 'Issues of redressal of Citizens
Complaints'. The ARC suggested the formation of Ombudsman-type
foundation to be specific the Lokpal and Lokayukta.
The proposals given by ARC are :
a) They ought to be evidently autonomous and unbiased.
b) Their examinations and procedures ought to be directed in private
and ought to be uniform person.
c) Their arrangement ought to beyond what many would consider
possible, be non-political.
d) Their status ought to contrast and the most noteworthy legal
functionary in the country.
67
Indian Administration e) They ought to manage matters in the optional field including
demonstrations of treachery, defilement and bias.
f) Their procedures ought not be exposed to legal obstruction and they
ought to have the greatest scope and abilities in acquiring data
pertinent to their obligations, and
g) They shouldn't anticipate any advantage or monetary benefit from
the chief government.
In view of the proposals of ARC, many endeavours were produced using
1968 onwards for the foundation of Lokpal at the Central level. The
Legislature of India presented bills for this reason in the Parliament in
1968, 1977, 1985, 1990, 1998, 2001 and most recent being in 2011.
Series of Bills
To give impact to the proposals of the First Administrative Changes
Commission, eight Bills were presented in the Lok Sabha from time to
time. In any case, this multitude of Bills passed resulting upon the
disintegration of the particular Lok Sabhas, with the exception of the 1985
Bill which was in this manner removed after its presentation. A nearby
examination of the Bills mirrors that there have been differing approaches
and moving foci in scope and locale in this multitude of proposed
regulations.
The Lokpal Bill, 2011
It empowers the Lokpal to ask into charges submitted in a question against
a community worker'. With the begetting of this new term, the ongoing
Lokpal Bill, as proposed and as shipped off this Committee, is
unmistakable from the past Bills mostly on the accompanying counts :-
a) Its purview is relatively more extensive as it has broadened the
extent of local official by including the organization as additionally
establishments and affiliations, completely or somewhat funded or
constrained by the Central Government or the individuals who are in
receipt of public cash.
b) It accommodates separate examination and arraignment wings of
Lokpal.
c) It unveils the statement of resources by the entirety of workers
required and inability to do so responsible to the assumption that
such resources have brew. obtained by degenerate means.
d) It is undeniably more itemized and more comprehensive than prior
variants, with a huge number of head and subordinate arrangements
not saw as in before adaptations.
It is accordingly certain that the idea of the establishment of Lokpal has
gone through crucial and significant changes over the long haul keeping in
view the evolving socio- monetary circumstances and changing nature,
level and inescapability of defilement in society.
68
68
Lokayukta Contemporary Issues
in Indian Administration
Foundation in States: The Ombudsman laid out at the degree of States in
India is known as the Lokayukta. However, the organization of Lokpal is
yet to turn into a reality at the Central level, comparative establishments of
Lokayukta have in reality been arrangement and are working for a long
time in a few States. In some of the States, the establishment of Lokayukta
was set up as soon as in 1970s, the first being Maharashtra in 1972. From
that point, State authorizations were established in the years 1973 (Bihar),
1975 (Uttar Pradesh), 1981 (M.P.), 1983 (Andhra Pradesh and Himachal
Pradesh), 1984 (Karnataka), 1985 (Assam), 1986 (Gujarat), 1995
(Punjab), 1996 (Delhi), 1999 (Kerala), 2001 (Jharkhand), 2002
(Chhatisgarh) and 2003 (Haryana).
Appointment: The arrangement of the Lokayukta and Up-Lokayukta is
made by the Governor who is the leader head in the states. The Lokayukta
Acts give that the Governor will designate Lokayukta and Up-Lokayukta
in interview with the Chief Justice of the High Court of the State and the
Leader of the Opposition in the Legislative Assembly.
Agreements of office: The term of the Lokayukta and Up- Lokayukta has
been by and large fixed for a long time. The status endorsed for the
Lokayukta is equivalent to that of the Chief Justice of a High Court or an
adjudicator of the High Court of India and that of Up-Lokayukta to the
adjudicator of a High Court also, in some other case to an extra secretary
to the Government of India. With a view to guarantee autonomy and
fairness, the Lokayukta and Up- Lokayukta have been suspended from
being a Member of Parliament or State Law-making bodies and
disallowed from keeping any association with ideological groups. In the
wake of giving up office they have been made ineligible to hold another
office under their separate State legislatures. All acts explicitly disallow
the reappointment of the Lokayuktas. The Lokayukta and Up-Lokayukta
can be taken out from office by the Governor for rowdiness or
insufficiency. The methodology recommended for the evacuation of the
Lokayukta is practically equivalent to accommodate in the Constitution of
India for the evacuation of judges of the High Court or the Supreme Court.
Jurisdiction: The Lokayukta and Up-Lokayukta has been allowed abilities
to research any move, which is initiated by or with the general or explicit
endorsement of a pastor or a secretary, or some other local official. In this
way, all authoritative activities from the degree of pastors to the lower
levels are exposed to examination by the Lokayukta and Up Lokayukta.
Certain different classifications of authorities like Executive of Zila
Parishad and other neighbourhood bodies have additionally been
incorporated inside the domain of the Lokayukta.
Methodology of examination: After making primer examination where the
Lokayukta or Up-Lokayukta proposes to direct examination, he advances
a duplicate of the grumbling to the official and to the capable authority
concerned. Any procedure before the Lokayukta and Up-Lokayukta must
be directed in private and the personality of the complainant or the
69
Indian Administration individual griped against is not to be uncovered at any phase of
examination.
Varieties in powers: However, because of the distinction in structure,
scope furthermore, ward, the adequacy of the State. It is critical some that
States Lokayuktas changes from State to Gujarat, Karnataka, Bihar,
Rajasthan and Andhra Pradesh have made arrangements in their particular
State Lokayuktas Act for Suo motu examination by the Lokayukta. In the
State Lokayukta Acts of certain States, the Lokayukta has been given the
power for arraignment and furthermore ability to guarantee consistence of
its proposals. Nonetheless, there is a massive distinction in the idea of
arrangements of State Acts what's more, in powers from one State to
another. Around nine States in India have no Lokayukta as of now. Of the
States which have an order, four States have no genuine deputy set up for
periods fluctuating from two months to eight years.
Suggestions of All-India Conference: The Seventh All-India Meeting of
Lokpals, Lok Ayuktas and Up-Lokayuktas held in Bangalore, in January
2003 focused on the accompanying:
a) There is a need to bring out Lokayukta Act to bring consistency and
to make the foundation free of the political chief.
b) If Parliament acquired a regulation, the arrangement of Lok Ayuktas
could be in light of the proposals of the Chief Justice of India in
interview with the Chief Justice of individual High Court. This will
guarantee residency, security f compensation and payments and a
sound strategy for their expulsion.
c) The staff deputed to the Lokayukta ought to be given security.
d) Reports of the Lokayukta ought to be made restricting on the in that
far is connected with the public authority workers.
e) Lokayukta ought to draw out a yearly report about their working and
this ought to be unveiled; and
f) Lokayukta ought to be made effectively available to people in
general.
Conclusion
The text above proposes that India actually has far to go similarly as it is
worried to contain defilement. Two primary changes should be made on
an pressing premise:
a) Establishment of a solid Lokpal at the Centre.
b) Uniformity in the powers and elements of Lokayuktas in States.
Central Vigilance Commission
Foundation
Santhanam Committee: The underlying years following autonomy
lawmakers passing individuals' interests on to the Government over the
sue wiessed debasement through bringing up of issues and discussions in
70
70
Parliament. Around then, the Government about its enemy of debasement Contemporary Issues
in Indian Administration
measures and to conversations in regards to the extent of the discussions
was relevantly restricted to looking for data from the development of
hostile to defilement boards/offices and watchfulness bodies to put a
beware of defilement, however it obviously mirrored the earnestness on
the issue of thought of the issue, the Government set up a committee under
the defilement in the personalities of Members. Recognizing the
requirement for an intensive Chairmanship of Shri K. Santhanam, to be
specific Committee on Prevention of Defilement (prevalently known the
current instruments for actually looking at debasement in Central
Government. The Panel presented its report in 1964. It suggested, entomb
alia, the creation of a pinnacle body for practicing administration and
command over the cautiousness organization. In compatibility of the
proposals of the Santhanam Council, the Government laid out the Central
Vigilance Commission through a Resolution on 11.02.1964 as the
Santhanam Committee) to audit.
CVC is considered to be the peak carefulness foundation, liberated from
control from any chief power, checking all watchfulness movement under
the Central Government and prompting different experts in Central
associations in arranging, executing, checking on and improving their
carefulness Government work.
Legal status: The Independent Review Committee, set up by the Focal
Government in 1997, bury alia, suggested that the topic of presenting legal
status to the Central Vigilance Commission be considered by the
Government and the Central Vigilance Commission be made answerable
for the proficient working of the Central Bureau of Investigation. Thusly,
the High Court in its judgment dated 18.12.1997 in the Vineet Narain's
case (famously known as Jain Hawala case) had, between alia, given
bearings that the Focal Vigilance Commission ought to be given legal
status and it will be answerable for the productive working of the CBI.
Ensuing upon declaration of an Ordinance by the President, the Focal
Vigilance Commission has been made a multi part Commission with
"legal status" with impact from 25th August, 1998. The CVC Bill was
passed by both the places of Parliament in 2003 and the President gave its
consent on September 11, 2003. In this manner the Central Vigilance
Commission Act 2003 (No45 Of 2003) became effective from that date.
Arrangement and association of CVC
The Commission will comprise of:
• a Central Vigilance Commissioner - Chairperson;
• not multiple Vigilance Commissioners - Members;
The Central Vigilance Commissioner is named by the President of India
for a time of six years or till the age of 65 years whichever is prior. He can
be taken out in a similar way as accommodated the evacuation of the
Chairman of UPSC. He isn't qualified for any further work either under
the Central government or the State government.
71
Indian Administration The Central Vigilance Commission has its own Secretariat, Chief
Technical Analysts' Wing (CTE) and a wing of Commissioners for
Departmental Inquiries (CDI).
Secretariat The Secretariat comprises of a secretary of the position of
Additional Secretary to the GOI, one official of the position of Joint
Secretary to the GOI, ten officials of the position of Director/Deputy
Secretary, four Under Secretaries and office staff.
Chief Technical Examiners' Wing (CTE) The Chief Technical Examiner's
Association comprises the specialized wing of the Central Vigilance
Commission (India) and is monitored by two Engineers of the position of
Chief Engineers (assigned as Chief Technical Examiners) with supporting
designing staff. The fundamental capacities relegated to this association
are:
73
Indian Administration 4.4 ROLE OF NON-GOVERNMENTAL ORGANIZATIONS
81
Indian Administration xi) It lessens the possibilities of maltreatment of power by the
community workers and clergymen.
7. ISSUES IN IMPLEMENTATION
The RTI Act is a somewhat new regulation. Besides, it relies upon an
enormous number of residents and government authorities for its powerful
execution. Following issues can be summed up as obstacles in practicing
the RTI :
a) Low open mindfulness: An enormous extent of individuals are as
yet ignorant about the RTI. Mindfulness level is lower among the
burdened networks, for example, ladies, impaired people, OBCS,
SCs and STs. Albeit the RTI Act specifies that the public authority
ought to go to lengths to spread information about RTI, a ton is yet
to be finished by the public authority.
b) Constraints looked in documenting applications: People face
numerous troubles in documenting applications due to non-
accessibility of client guides for RTI execution for data searchers.
Absence of client guides results in significant endeavors with respect
to the data searcher to assemble information about the cycle for
presenting a RTI demand. There are badly arranged accommodation
channels for RTI application. As indicated by the Act, a resident can
make a solicitation "recorded as a hard copy or through electronic
means..." However, deficient endeavours have been made to get RTI
applications through electronic means i.e., on email/site and so forth
there are badly arranged instalment channels for accommodation of
application expenses. Despite the fact that there are different
channels for expense assortment, in the nonattendance of clear rules
and guidelines, individuals picked a subset of the permitted
instalment channels. Albeit the PIOs should help the candidate in
recording the application, such help isn't given by and large. In
addition, the PIOs for the most part have non-accommodating
demeanour opposite the candidate.
c) Poor nature of information gave: In a review directed on RTI
applications, low quality of data was accounted for to be the greatest
reason for documenting first level requests.
d) Failure to give data in 30 days or less: PIOs are tested to give the
data inside the specified 'time because of insufficient record the
board strategies with the Public Authorities. The present
circumstance is further. bothered due to non-accessibility of
prepared PIOs and the empowering foundation (PCs, scanners, web
network, printers and so forth.).
82
82
RTI arrangements and their commitments under the Act. There is Contemporary Issues
in Indian Administration
absence of social preparation also.
f) Poor record the board: Often, unfortunate record the executives
result in low quality of data gave, extra and superfluous weight on
the PIO, delay in giving data, and on occasion off-base data being
given.
g) Non-accessibility of essential Infrastructure: Implementation of
RTI requires the PIOs to give data to the candidate through copies,
delicate duplicates and so on. While these offices are viewed as
effectively accessible at a region level, it is a test to get data from
Block/Panchayat level.
h) Lack of inspiration among PIOS: This is on the grounds that, in
addition to other things, absence of impetuses for assuming on the
liability of a PIO; but punishments were forced in instances of
resistance.
i) Poor deliberate divulgence: Maximum wilful exposure would
straightforwardly diminish documenting of uses by individual
candidates, bringing about saving of time, endeavours and cash for
both, the candidate and the public authority office. In any case,
because of absence of mindfulness, readiness and framework, wilful
revelation of data is in unfortunate shape in the vast majority of the
public authority workplaces.
Presentation
Residents' Charter is a record which addresses an efficient work to
concentrate on the responsibility of the association towards its residents in
regard of Guidelines of Services, Information, Choice and Consultation,
Non-segregation also, Accessibility, Grievance Redress, Courtesy and
Value for Money. This too incorporates assumptions for the association
from the resident for satisfying the responsibility of the association.
The term ''Citizen' in the Citizens' Charter infers the clients or clients
whose interests and values are tended to by Citizens' Charter and, in this
way, incorporates the residents as well as every one of the partners, for
example residents, clients, recipients, different Ministries/Departments/
Associations, State Governments, UT Administrations and so on.
Goals OF CITIZENS' CHARTERS
The essential targets of the Citizens' Charter development as initially
outlined were:
i) Quality: Improving the nature of administrations;
ii) Choice: Where conceivable;
83
Indian Administration iii) Standards: Specify what's in store and the proper behaviour on the
off chance that norms are not met;
iv) Value: For the citizens' cash;
v) Accountability: Individuals and Organizations; and
vi) Transparency: Rules/Procedures/Schemes/Grievances.
These were subsequently expounded by the Labor Government of UK as
following nine standards of Service Delivery (1998):
88
88
Illustrations learnt Contemporary Issues
in Indian Administration
The accompanying illustrations have been gained from the experience to
date of executing Citizens' Charter drive:
1. Similarly as with any new exertion, the Citizens' Charter drive will
undoubtedly be looked at first with distrust by administrators as well
as residents. A compelling mindfulness crusade among every one of
the partners at the underlying stage is fundamental to conquer this
doubt. These mindfulness missions ought to be planned and
conveyed inventively and actually.
2. The issuance of Citizens' Charter won't have an impact on for the
time being the mentality of the staff and the clients, created
throughout some stretch of time. Hence, standard, untiring
furthermore, relentless endeavours are expected to achieve the
attitudinal changes.
3. Another drive generally experiences obstructions and doubts from
the staff. There is a characteristic protection from change, especially
among the state-of-the-art staff. Including and counselling them at
every one of the degrees of plan and execution of Citizens' Charter
will go far in beating this obstruction and will make them an
equivalent accomplice in this activity.
4. Rather than attempting to change every one of the cycles on the
double and experience huge opposition, breaking it into little parts
and tackle them one is prudent at a time.
5. The contract drive ought to have an inherent instrument for
observing, assessing and exploring the working of the Charters,
ideally through an outside office.
4.8 QUESTIONS
89
Indian Administration 10. Which job does RTI play in acquiring straightforwardness
administration?
11. What are the reasons for debasement?
12. Compose a short note :
a) Establishment and structure of CVC
b) Functions and Powers of CVC
13. Expound on different types of debasement.
14. Compose a short note.
a) Benami exchange act
b) Anti-Corruption Bureau of Maharashtra
15. Compose a note on Prevention of tax evasion Act.
90
90