SYBA SEM 4 Paper 3 Indian Administration

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S.Y.B.A.

POLITICAL SCIENCE
SEMESTER - IV (CBCS)

PAPER - III
INDIAN ADMINISTRATION
SUBJECT CODE: UAPOL402
© UNIVERSITY OF MUMBAI

Dr. Suhas Pednekar


Vice Chancellor
University of Mumbai, Mumbai
Prof. Ravindra D. Kulkarni Prof. Prakash Mahanwar
Pro Vice-Chancellor, Director,
University of Mumbai IDOL, University of Mumbai

Programme Co-ordinator : Anil R. Bankar


Head, Faculty Head, Arts and Humanities,
IDOL, University of Mumbai
Course Co-ordinator & Editor : Mr. Bhushan Thakare
Assistant Professor,
IDOL, University of Mumbai

Course Writers : Dr. Chandrasheel Tambe


CHM College, Ulhasnagar

: Dr. Monika Verma


MD College, Parel, Mumbai-12
: Dr. Suresh Surve
Vartak College, Vasai

May 2022, Print - 1

Published by : Director,
Institute of Distance and Open Learning,
University of Mumbai,
Vidyanagari,Mumbai - 400 098.

DTP composed and Printed by: Mumbai University Press


CONTENTS

Unit No. Title Page No.

1 Introduction to Indian Administration 1

2 Personnel Administration.........................................................................14

3 Financial Administration..........................................................................36

4 Contemporary Issues in Indian Administration........................................60


S.Y.B.A. POLITICAL SCIENCE
PAPER - III SEMESTER - IV (CBCS)

INDIAN ADMINISTRATION
SEMESTER IV- INDIAN ADMINISTRATION
SEMESTER IV- INDIANSYLLABUS
ADMINISTRATION

Module 1.Introduction to Indian Administration [Lectures 11]


Module 1.Introduction to Indian Administration [Lectures 11]
1.1 Evolution and Constitutional Context
1.21.1
Salient features
Evolution and Constitutional Context
1.31.2
District
SalientAdministration
features since Independence: Changing role of District
Collector
1.3 District Administration since Independence: Changing role of District
Collector

Module 2.Personnel Administration[Lectures 11]


Module 2.Personnel Administration[Lectures 11]
2.1. Recruitment: All India Services, Central Services, State Services
2.2. Public
2.1. Service Commission:
Recruitment: UnionCentral
All India Services, Public Service Commission
Services, and
State Services
Maharashtra Public Service Commission
2.2. Public Service Commission: Union Public Service Commission and
2.3. Training:
MaharashtraAll- Public
India Services, Central Services, State Services (Maharashtra)
Service Commission
2.3. Training: All- India Services, Central Services, State Services (Maharashtra)
Module3.Financial Administration[Lectures 12]
Module3.Financial Administration[Lectures 12]
3.1. Budgetary Process
3.2.3.1.
Parliamentary Committees: Public Accounts Committee, Estimates
Budgetary Process
Committee, Committee
3.2. Parliamentary Committees: on Public Undertakings
Public Accounts Committee, Estimates
3.3. Comptroller and Auditor General
Committee, Committee on Public Undertakings
3.3. Comptroller and Auditor General
Module 4.Contemporary Issues in Indian Administration[Lectures 11]
Module 4.Contemporary Issues in Indian Administration[Lectures 11]
4.1. Integrity in Administration: Lokpal, Lokyukta, CVC
4.2.
4.1.Citizen andinAdministration
Integrity Administration: Lokpal, Lokyukta, CVC
4.3. Citizens’
4.2. Citizen andCharter
Administration
4.3. Citizens’ Charter

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

• To Understand the Indian Administrative system and administrative


services
• To understand the features of administration

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.

1.1 EVOLUTION OF PUBLIC ADMINISTRATION IN


INDIA

1.1.1 Constitutional Context of Indian Administration


The bureaucracy is a well-oiled system that operates within a frame of
reference provided by the Constitution of the country. Its relationship with
the Constitution is reciprocal. Both influence each other. The working of
the constitution depends upon the functioning of administration and
administrative works within the constraints and authority demarcated by
the constitutional framework. There are three ways by which the
constitutional context of administration can be defined. Firstly, the
normative framework enshrined in the constitution; secondly, the political
structure that the constitution provided as a framework of governance and
thirdly, the provisions related to the administrative set up in the country.
We will study all of them in the following passages:
1.1.2 Normative Framework of Indian Administration:
The normative framework suggests the values for which the
administration is committed. The Preamble of the Indian Constitution
unambiguously provided for secularism and promised to the nation,
‘justice, liberty, and equality. It also vouches for the commitment to
fraternity, unity, and integrity of the nation by the citizen of India. The
Preamble proclaims the popular will to establish a just and reasonable
political system. The administrative system is the instrument of realization
of this popular will.
1.1.3 Political Framework of Indian Administration:

• The Constitution of India provides a political framework to the


administration. The following provisions of the Indian Constitution
shape the framework of public administration in India.
a) Parliamentary system:
b) Federal system of governance:The political system in India is
federal.
c) Independent judiciary,
d) Autonomy of constitutional agencies,
22
e) Affirmative action, Introduction to Indian
Administration
f) Provision of Central, State and All India Services,
g) Socialism,
h) Independent and neutral bureaucracy
1.1.4 Evolution of Indian Administration under British Raj:
As stated earlier, with the rise of East India Company in second half of
18th Century in North India and Bengal the British Government realized
their imperial capabilities to establish political control and colonize the
subcontinent. The parallel conflict in the America between thirteen
colonies and British rule which eventually resulted in losing these colonies
made them conscious about affairs of East India Company. Thus, the
Government felt it necessary to regulate the administration of East India
Company in India.
I. Evolution of Centralized Administration
• After the centralized administration under the Mauryan
Empire it is the British who initiated centralization of the
administration in the Indian subcontinent. The result was the
emergence of uniform and centralized Indian administration.
Following developments led to the realization of this pattern.
a. In the Regulating Act of 1773, the Governor of Bengal
was designated as the Governor General of India and the
Governors of Bombay and Madras presidencies were
subordinated to the Governor of Bengal. The Act
established Supreme Court at Calcutta as the highest
court.
b. The Charter Act of 1833 made the Governor-General of
Bengal as the Governor General of India. All civil and
military powers were vested in him. Also, the
Government of Bombay and Madras were deprived of
their legislative powers. The Act created for the first
time, the Government of India having authority over the
entire territorial area possessed by the British in India.
II. Gradual Transfer of Indian affairs from East Indian Company
to British Crown
In the course of evolution of British rule in India, from 1773
onwards two trends are predominately noticeable. First, from 1757
to 1858 there is continuous expansion of British territorial control
over the subcontinent by adding new territories to its bucket.
Second, gradual takeover of the Company affairs by the British
Government.
a. The Regulating Act of 1773 was the first step taken by the
British Government to control and regulate the affairs of the
East India Company in India.

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.

1.2 SALIENT FEATURES OF INDIAN


ADMINISTRATION

The administration in Indian governance can be trace from medieval time


of Indian history. To maintain law and order, revenue collection, trade
permits all the emperors have decent administrative system to control over
the kingdom. English traders brought European administration in India to
smoothly conduct their business, thus British administration gave
Uniformity in Indian administration and was followed all over India.
We have classified features of the Indian administration as follows
1.2.1 Historical Features of the Indian Administration
1. Colonial Legacy-
Although Indian Administration has a long historical
background.
“The Indian Administrative system as it exists today is a
product of two different sets of influences; the British colonial
administrative traditions and the ideals of a democratic welfare
state which was constitutionally adopted in India after
independence.
The Indian administrative system has been affected by the
British system in many ways. Even today the units of
administration remain unchanged like division, district, sub-
division, and Tehsil. An administrator had the right to look
after all these administrative units from division to tehsil, and
these officers respectively were called
‘Commissioner’, Collector (IAS), Sub-Divisional Officer
(SDO) and Tehsildar.
5
Indian Administration 2. Uniformity in Administration-
A distinctive feature of the Indian Administrative system is the
remarkable measure of UNIFORMITY that prevails through
administration in all the States of India. Right from the level of
the village to the state administration, the same general
features are visible in their organizations.
3. Administrative Reforms –
Another feature of Indian administration is the administrative
reforms. The need for improving the administrative machinery
of government in any political system is universally admitted.
It is particularly so with regard to India where we find
mounting dissatisfaction with the working of governmental
agencies and administration.
4. Political Neutrality in Administration-
Neutrality means that the public servant should be free from
the bondage of political thoughts or views in his public life.
According to the rules of Civil Services Conduct in India,
there is a restriction on government employees to participate in
political activities. In India, the rule prohibits government
employees from active participation in political activities,
except for the limited RIGHT OF VOTING.
5. Welfare Administration-
The constitution of India has laid down the foundations of a
welfare state. Due to this, the scope of administration has
increased in the welfare field. Independent India was facing a
number of social and economic problems like- Illiteracy,
Unemployment, Poverty, Disease, Hunger, etc. These
problems needed drastic measures to be taken by the
administrators by implementing their new innovative policies.
Thus, administration in India is not only a law-and-order
administration but also a WELFARE ADMINISTRATION.
6. Development Administration-
This is a matchless feature of Indian Administration. It is an
effort making-step to bring the economic, social, and political
changes in society. Here importance is given to the
development of administration. Development Administration
is related to planning, policy-programs, and projects.
7. Reservation System-
It is the feature of the Indian Administrative system to provide
a provision of RESERVATION for the SC’s and ST’s and
OBC’s in Indian Administrative service, so, that the backward
and weaker sections of the society are not deprived of proper
representation in Administrative Services.
8. Administrative Tribunals –
Modern Indian administration is witnessing a significant
increase in the powers of administration. Administrative
tribunals provide the mechanism for it. These tribunals
managed by technical experts, with flexibility in operations,
66
informality in procedures have gained importance in the Introduction to Indian
Administration
adjudication process and are known to provide a new type of
justice – public good oriented justice.
Some of the important tribunals in India are – Central
Administrative Tribunals (CAT), Railway Rates Tribunals,
Industrial Tribunals, Claims Tribunals, etc.
9. Generalists vs Specialists –
One important feature of Indian public administration is that it
accords primacy to the generalist’s administrators. The
members of both the IAS and the State civil services are
trained as ‘generalists’ on the basis of British traditions.
As generalists, they are expected to be equipped with the
knowledge, skills, values, and attitudes to make policy
recommendations not only in the areas of administration but
also in scientific, technical, and educational matters as well.
1.2.2 Modern Features of the Indian Administration
1. Democratic Decentralisation-
Decentralization means the transfer of powers from an upper
level to a lower level. Democracy is the foundation of the
Indian Administration. The institutions of local self-
government are alive in every city or town in the form of
Municipal Corporations and Municipal Committees. These
look after some of the important local services and provide for
schools, parks, roads, garbage disposal, etc. Also, there is a 3-
tier structure of the Panchayati-Raj institution going right
down to the village levels i.e.
Gram Panchayat, Panchayat Samiti, Zila Parishad. These
institutions help to percolate democracy to grass root level in
Indian Administration. Thus, they are also known as the
system of DEMOCRATIC DECENTRALISATIONN.
2. Administration for Socio-Economic Justice-
The constitution has delegated the responsibility of the
administration to implement different types of policies to
achieve the complicated objectives of socio-economic justice
and public welfare. Thus, the basic objective of the Indian
Administration is to establish a public welfare state as well as
socio-economic justice as directed by the INDIAN
CONSTITUTION.
3. E-Governance-
Another unique feature of Indian administration is the E-
Governance or we can say electronic administration is the new
buzzword in today’s world. Indian Administration has also
adopted and incorporated this into its system. The Information
and Technology (IT) revolution has taken the country by
storm.
7
Indian Administration E-Governance is “Anytime, anywhere”. The objective of E-Governance is
to offer all government related services ‘ONLINE’. Indian Administration
is going full out to adopt this in all its departments and become more
CITIZEN FRIENDLY ADMINISTRATION.
4. Right To Information-
In the context of government functioning in the present era of
economic liberalization, ‘OPENNESS’ means giving everyone the
right to have access to information about the various decisions taken
by the government and the reasoning behind them. RTI brings
efficiency, accountability, and transparency in the administration.
5. Increasing Powers-
The next features of Indian administration are the increasing powers.
Over the years there has been enormous growth in the powers,
functions, and influence of the civil services (Administration). With
the assumption of new functions and responsibility by the
government since independence, the importance of the
administration has grown. Our Administration is no longer a mere
Police and Revenue official. He is engaged in a larger variety of
development activities and is involved in implementing thousands of
projects.
1.2.3 CONCLUSION – Features of Indian Administration
We can conclude that all the Features of Indian Administration play an
important role in the functioning of the government. All these features are
of great significance and generally developing in nature. All features exist
for the welfare of our society.

1.3 DISTRICT ADMINISTRATION SINCE


INDEPENDENCE:

District as a basic unit of field administration has been in existence


through the ages. It is surprising to know that it has not changed
substantially, since the times of Mauryan Era to Mughals to British era.
Historically the district, in some form or the other has been the most
important unit of administration in the Indian sub-continent.
The British Parliament was the first legislature with respect of India in
modern times, they created enactments and gave substance to the district
head of administration, known variously as the Collector (in respect of
revenue administration), the District Magistrate (in respect of
administration of criminal justice) or the Deputy Commissioner (in respect
of General Administration and special functions / powers under local
tenancy laws).
Hence this system continued and since independence, the District in India
is acting as the cutting edge of administration. The district administration
is headed by the District Collector/Deputy Commissioner, drawn from
IAS and he is responsible among others for the general control and
direction of the police.
88
Until the 73rd and 74th Amendments to the Constitution, the governance Introduction to Indian
Administration
structure of India was two-tiered comprising the Union Government and
the State Governments. At the district level, apart from discharging the
responsibilities cast by specific enactments, the Collectors performed such
administrative tasks as were assigned to them by the State governments.
After independence, the single greatest accretion to the responsibilities of
the district administrator came through expansion of rural development
programmers. As the number of activities, institutions and departments
involved in rural development increased, the coordinating and
synthesizing role of the Collector in the development efforts of the
government assumed greater importance.
The overall administrative structure presently prevailing at the district
and sub-district levels in the country consists of the following three
components
a) Administration of regulatory functions under the leadership of the
Collector and District Magistrate, such as law and order, land
revenue / reforms, excise, registration, treasury, civil supplies and
social welfare.
b) District / Sub-district level offices of the line departments of the
State Government and their agencies, such as PWD, irrigation,
health, industries etc.
c) Local bodies (Panchayati Raj Institutions and Municipal bodies)
which, after the 73rd and 74th amendment of the Constitution, have
become the third tier of government.
With the constitutionally mandated establishment of Panchayati Raj
Institutions and Municipal bodies, it has become necessary to re-examine
and re-define the role of the district administration. It is imperative that the
devolution of decision making to local levels should face no impediments.
It is equally imperative that the unique administrative experience,
expertise and credibility of the office of the District Collector built up over
a period of two hundred years are properly utilized.
The post of District Collector has been the most important feature of field
administration in India for the last two hundred years. Before
Independence, when the economy was primarily agrarian, the Collector as
head of the land revenue, administration also enjoying wide powers under
criminal laws. He was considered as the ultimate guardian figure -
responsible for the well-being of residents in his jurisdiction - the
representative of the British Empire, capable of doing anything and
everything. In the post-Independence era, when the economy diversified,
and the pace of industrialization and growth of tertiary activities picked
up, other functionaries too gained in importance. But, even now, in most
parts of the country, excepting metropolitan/mega cities, the Collector is
the most recognized face of the administration; he is considered to be the
principal representative of the government at the district level, who could
be approached to solve virtually all problems ranging from land disputes,
to scarcity of essential commodities, to inadequacy of relief in times of
crisis, to community disputes and even to issues of family discords.
9
Indian Administration The DC has three major functions namely revenue, magisterial and
developmental. Apart from these major functions, a large number of
miscellaneous functions are also entrusted to him by State and Central
governments like conduct of elections, dealing with calamities,
supervising local government institutions, etc. Collector was mainly
entrusted with revenue administration, however, since Independence with
the considerable change in the nature of the state from police rule to
development and welfare, his role has shown a shift in the direction of
development as he implements all the development programmes. Since he
is a Generalist, he coordinates the activities of overall departments under
Specialists like Engineers, doctors, etc. by holding meetings among them
at periodic intervals. He is also acting as the Friend, Philosopher and
Guide of the Panchayati Raj Institutions.
As stated above, the widespread functions of the District Collector without
well-defined roles result in lack of clarity and diffusion of the Collector’s
responsibilities. Also, after the establishment of PRIs / ULBs as the third
tier of government, the Administrative Reform Commission (ARC) is of
the view that there is need to redefine the role and responsibilities of the
Collector in a clear manner because the office of the collector and its
widespread and vaguely defined functions are affecting the followings-
a) Union-State and Local relations: One must take note that the
District Collector is a Union/Central officer and it has been
systemized in such a manner so that the DC functions in a neutral
and unbiased manner, without any fear, regarding his/her duties and
responsibilities, and implementation of welfare/development
activities of both the Centre and the state in the respective district
he/she has been assigned to, but he has to eventually proceed from
the states to the Centre in his career graph, he has to first prove his
mettle at the state level, and at this level he works under the
supervision of the state government and reports to them regarding
discharge of his functions. Secondly, coordination between Centre-
State is important for proper supervision of implementation of these
schemes and programs to achieve the welfare policies. However,
there are issues plaguing this system.
b) Imperatives of development management: The term development
management is used in the sense of achievement and objectives with
optimum use of limited resources in manpower, finance, material,
time and also active contribution to the clarification and reformation
of policies and objectives. India specifically needs to shift its focus
from development administration to a more efficient development
management perspective and practice in order to remain in the
League of Nations competing for implementation of international
development programs. For this many courses as well as
programmes are being rolled out by the country's education system
as well as sponsored by the international organizations. Also, there
should be a lot more emphasis on re-training of administrators in
service to develop these management skills and become more
efficient to achieve these goals and objectives.
10
10
c) Law and order administration: Law and order (Judiciary, Police, Introduction to Indian
Administration
etc.) administration is one of the most important functions
performed by the Government. In fact, the survival of administration
depends upon maintenance of law and order in a country.
Unfortunately, in view of the prevailing atmosphere of violence in
the country, attention to law and order is called for, but the sad part
is that this is being neglected in favors of development
administration.
Therefore, it is imperative that law and order is given adequate
attention and it is built up both on the infrastructural as well as
intelligence and implementation level and its grievances and issues
sorted out if we want a sound welfare state where development and
law and order go hand in hand otherwise development will be
stalled.
d) District administration and democratic
decentralization: Democratic decentralization here is used in
reference to the 73rd and 74th Amendment Acts of 1992 that set up
rural and urban local government bodies, viz. Panchayati Raj
Institutions (PRIs) and Municipalities, respectively. The PRIs were
set up to move decision making centers closer to the people by
transferring the powers of decision making from higher authorities
to them, all development schemes and its funds to be channelized
through them, inculcating leadership qualities among the rural
masses, encouraging people's participation in planning and policy
making, etc. However, the ground realities are:
i) Bureaucratic resistance to delegation of power to PRIs.
ii) Vested interests of higher officials and middlemen take over in
between.
iii) Elitist behaviour and biasness among the bureaucrats and
government officials.
iv) No incentive to the DC in development activities.
However, there has been constant debate as to whether the
District Collector who represents the Centre and states be a
part of this or he should simply supervise as the minds of the
rural people are constantly suspicious towards them. This
causes a lot of problems in effective administration and
implementation of programmes. Another aspect to this debate
is that with so much of responsibility, the DC will be
distracted from his other major functions like law and order,
etc.
1.3.1 Changing role of District Collector:
i) Role of District Collector:
a) There is need to realign the functions of the Deputy
Commissioners/ District Collector so that he
concentrates on the core functions such as land and
revenue Administration, maintenance of law and order, 11
Indian Administration disaster management, public distribution and civil
supplies, excise, elections, transport, census, protocol,
general administration, treasury management and
Coordination with various agencies/ departments.
b) A well-defined set of exclusive activities both statutory
as well as non-statutory as a functionary of the State
Government should be added in his job profile.
c) His job profile should also include the general work of
coordination with various departments / agencies of the
State and the Union Governments at the district level
ii) Modernizing the Office of the District Collector:
a) Grievance & Public Feedback Cell-Grievance redressal
of citizens and implementation of citizen charters should
be an integral part of the Collector’s office.
b) Management Information Systems / IT tools /E-
Governance for effective monitoring and evaluation of
programme/projects which are directly under the charge
of the Collector, there needs to be computerized/MIS
attached to his office.
c) A Vigilance Cell should be there.
d) Tours Inspection Notes and Institutional Memory.
e) Civil Society & Media Cell should be there.
iii) Functional and Structural Reform:
a) Formation of Institutions of Local Governance at the
District Level.
b) Each district should have a District Council comprising
of representatives of both rural and urban bodies.
c) The District Collector should have a dual role in this
government structure. He should work as the Chief
Officer of the District Council and should be fully
accountable to the District Council on all local matters.
d) The District Officer would also be fully accountable to
the State Government on all regulatory/other matters not
delegated to the District Government.
iv) Other Reforms:
a) There is need to strengthen the compliance machinery at
the district level to enforce provisions of the RTI Act
and to reduce the element of delay and subjectivity in the
functioning of the lower-level formations of the
government. This should be done by creating a special
RTI Cell in the office of the Collector.
b) Officers may be posted as District Magistrates early in
their career, but in complex and problem-prone districts
an IAS officer should be posted as DM only on
completion of 10-12 years of service.
12
12
c) Steps should be taken to ensure that the Collector plays Introduction to Indian
Administration
an effective coordination role in activities and
programme of other departments at the district level.

1.4 SUMMARY

Although there is a debate going on that whether we need office of district


collector or not, it plays a vital role in the district administration as the
bridge between union-state and local government. Therefore, there is no
question of removing the post of district collector. There are some flaws in
the district administration system but reiterating the recommendations on
the issues of personnel management, performance and outcome
evaluation, effective citizen centric administration, use of information
technology, process re-engineering etc. made above, it is believed that if
these recommendations are expeditiously implemented where applicable
to the district administration would make India developed with bottom-up
approach and better outcome.

1.5 UNIT QUESTIONS

1. Discuss the model of Indian administration during British raj.


2. What are the salient features of Indian Administration?
3. Describe historical features of Indian administration
4. Explain the changing role of District collector
5. Write a note on Indian Administration

1.6 READING LIST

1. Public Administration: M. Laxmikant


2. Governance in India: M. Laxmikant
3. Indian Public Administration: Ramesh Arora
4. Public Administration: Rukmi Basu



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

• To learn the recruitment procedure of All India Services and Central


Services
• To learn the recruitment procedure of State Services

2.1.1 INTRODUCTION

The role of ‘personnel’ is crucial to the effective functioning of


administration and hence ‘personnel administration’ is the key component
of public administration. The standard and efficiency of Public
Administration in any country depends ultimately on the calibre, training
and integrity of the members of the civil services (public services). The
term 'Civil Service' refers to the administrative system of the state which is
responsible for implementing policies made by the political executive. The
political executive consists of the elected representatives in a democracy.
Herman Finer in his ‘The Theory and Practice of Modern Government’
explains the term in this way: “The functions of the civil service in the
modern state are not merely the improvement of government, without it,
indeed, the government itself would be impossible”.
When civil servants occupy such an important role, especially in these
days of State assuming overwhelming responsibilities, the important
aspects relating to their recruitment, training, emoluments, conditions of
service, promotion policies, etc. assume importance.

14
14
2.1.3. HISTORICAL BACKGROUND Personnel Administration

The Indian administrative structure is largely a legacy of the British rule.


The British had systematized civil services in India by distinguishing it
from the military services, creating a hierarchy of officials who are paid
out of public revenues. Lord Cornwallis is usually known as the father of
civil services in India. He had introduced the Covenanted Civil Services
and the Uncovenanted Civil Services. The Charter Act of 1853 provided
for an open competitive examination for the recruitment of civil servants
and had deprived the Court of Directors of the power of appointments
based on patronage. This was recommended by a committee headed by
Lord Macaulay. The first competitive exam was held in 1855.
After the Government of India Act of 1858, the higher civil service in
India came to be known as the Indian Civil Services (ICS). Initially, the
examinations for Indian Civil Service were conducted only in London.
Maximum age was 23 years and minimum age was 18 years. The syllabus
was designed such that European Classics had a predominant share of
marks. All this made it difficult for Indian candidates.

2.1.3 CIVIL SERVICE IN POST- INDEPENDENCE


PERIOD

After independence India became a welfare state. Nation building and


development were two important objectives of the government. Unlike the
Constitutions of other democratic nations in the world the provisions
related to the civil services are given constitutional basis in our country.
Part of XIV and XIV A of the Indian Constitution titles as Services under
the Union and the States contained provisions for the civil services. It
includes Article 308 to Article 323 A.
Classification of Services
The Constitution has not elaborated the types and categories of services.
However, The Civil Services can be categorized into three broad groups -
All India Services (AIS), Central Civil Services and the State Services.
a) All India Services
All-India services are common to both Central and State
Governments and the members of these services occupy key
positions under both the Centre and the States and serve them by
turns. Article 312 (1) empowers the Parliament of India to create one
or more All –India services if the Council of State declared by
resolution and supported by not less than two-thirds of the members
present and voting that it is necessary and expedient in the national
interest to do so.
In 1947 the Indian Civil Services (ICS) was replaced by IAS, and
the India Police (IP) was replaced by IPS and the two were
recognized by the Constitution as All India Services. In 1963 three
more all-India services were created - Indian Forest Service, Indian
Medical and Health Service, Indian Service of Engineers. However 15
Indian Administration out of these three only Indian Forest Service came into existence in
1966. At present, there are three all-India services:
i. Indian Administrative Service (IAS)
ii. Indian Police Service (IPS)
iii. Indian Forest Service (IFS)
b) Central Services
The Central Services function under the Union Government and are
generally engaged in administering subjects which are assigned to
the Union under the Constitution like Post and Telegraph, Income
Tax, Railways etc. The Central services are further classified into
groups A, B, C and D categories (corresponding to former Class I,
II, III and IV Services) based on their role and responsibilities.
Central Services can be further categorized as non-technical services
and Technical Services like Engineering services, scientific services,
health Services etc. Group A posts are covered by 62 organized
services.
c) State Services
The State Civil Services administer those subjects which have been
allocated to the States as per the distribution laid down in the
Constitution. Their members are under the exclusive administrative
control of the respective State Governments, and their duties are
confined to the territories of the State unless when working on
deputation. The State Civil Services are also divided into Groups A,
B, C and D according to the rank and responsibilities. They are
appointed through competitive exams conducted by the State Public
Service Commission.

2.1.4. RECRUITMENT OF ALL INDIA SERVICES AND


CENTRAL SERVICES

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.

2.1.5 RECRUITMENT FOR STATE SERVICES

Every State Public Service Commission conducts competitive exams


usually every year for recruitment to the State Civil Services (SCS). The
categories of services for which candidates are selected through the SCS
examination are as under:
• State Civil Services, Class I (SCS)
• State Police Service, Class I (SPS)
• Block Development Officer
• Tehsildar/Talukdar/Asst. Collector
• Excise and Taxation Officer
• Dist. Employment Officer
• Dist. Treasury Officer
• Dist. Welfare Officer
• Asst. Registrar Cooperative Societies
• Dist. Food and Supplies Controller
• Any other Class/Class II service notified as per rules by the
concerned State
All the above services offer avenues in the middle level administration. In
the SCS the officers get posted as Sub-Divisional Magistrates, Deputy
Collectors, Land Acquisition Collectors, Under /Deputy Joint Secretaries
etc. Similarly, SPS officers are appointed as Deputy/Additional
Superintendents of Police. After putting certain numbers of years in the
18
18
State Service, the SCS and SPS may expect to be nominated as IAS and Personnel Administration
IPS respectively.
Examination conducted by Maharashtra Public Service Commission
(MPSC)
The state civil services examinations are conducted by Maharashtra Public
Service Commission (MPSC) to recruit officers in the state services. The
notification regarding this examination appears in leading newspapers.
Other Examinations Conducted by MPSC
• Maharashtra Forest Services

• Maharashtra Engineering Services Grade- A, Grade- B

• Clerk typist

• Sales Tax Inspector

• Assistant Examination

• Maharashtra Agricultural Services

• Police Sub Inspector

• Assistant Motor Vehicle Inspector Assistant Engineer

• Civil Judge (Junior Division) Judicial Magistrate (First Class)


Competitive Examination

• Assistant Engineer (Electrical), Grade 2, Maharashtra Electrical


Engineering Services, Group B

2.1.6 SUMMARY

• The term 'Civil Service' refers to the administrative system of the


state which is responsible for implementing policies made by the
political executive.

• The Indian administrative structure is largely a legacy of the British


rule. The British had systematized civil services in India by
distinguishing it from the military services.

• After independence the provisions related to the civil services have


been given constitutional basis in our country. Part of XIV and XIV
A of the Indian Constitution titles as Services under the Union and
the States contain provisions for the civil services.

• The Civil Services can be categorized into three broad groups - All
India Services (AIS), Central Civil Services and the State Services.

• The Constitution provides for the Union Public Service Commission


and State Public Service Commission for the recruitment of the civil
servants. 19
Indian Administration • 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’.

• It 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.

• The State Civil Services are appointed through competitive exams


conducted by the State Public Service Commission.

2.1.7 UNIT END QUESTIONS

1. Discuss the features of Civil Services Examination conducted by the


UPSC.
2. Examine the scheme of examination for recruiting the higher civil
services in India.
3. Describe the pattern of examination of the competitive examination
conducted by the MPSC for the selection of State Civil Servants in
Maharashtra.



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

• To understand the system of training of All India Services and


Central Services in India
• To study the system of training of civil servants in Maharashtra
• To learn about the agencies and institutions of Training in India

2.2.1 INTRODUCTION

Training is recognized as a critical component of personnel administration.


The functions of the governments have increased and expanded rapidly
and on the other hand, administration has become more complex,
specialized and technical. Training prepares an employee for the new
administrative tasks.
After independence a large number of training institutions have been set
up for imparting training to all classes of public employee right from the
All India Services to the village level worker the lowest public employee.
In India there is an institutionalized system of training for the All-India
Services, Central Services and State Services. The Government of India’s
National Training policy which deals with the training needs of civil
servants points out that, “it (training) has acquired an added relevance for
building up necessary leadership and confidence among civil servants to
measure up to the expectations of the public in the context of rapid
technological changes as also the economic, social and political
transformation taking place in the country.”

2.2.2 CONCEPT OF TRAINING OF CIVIL SERVANTS

William G. Torpey defines Training as “the process of developing skills,


habits, knowledge and attitudes in employees for the purpose of increasing
the effectiveness of employees in their present government positions as
well as preparing employees for future government position”.
Its dictionary meaning is practical education in any profession, art or
handicraft. In Public Administration, it means a “conscious effort made to
21
Indian Administration improve or increase an employee’s skill, powers or intelligence and to
develop his attitudes and schemes of values in a desired direction.”
The training aims at increasing the technical efficacy of the officers, to
enable them to be more adaptive to changing situations in the country and
the local region, and to improve mental toughness also. Training plays a
vital part in public administration. It is essential not only for effecting
efficiency of administration but also for broadening the vision of the
employees. It teaches him precision, makes him self-reliant and
independent and develops in him capacity to take decisions and arrive at
judgments.
Training has, therefore, been described as a continuous process. It enables
an employee to adjust himself to the new situations and comprehend the
goals and values of the organization in which he is to work.

2.2.3 TRAINING FOR ALL INDIA SERVICES AND


CENTRAL SERVICES

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

Objectives of Foundational Course

• To promote a feeling of belongingness (esprit de corps) among


probationers and emphasizing interdependence of various services as
part of higher civil services

• To impart a basic understanding of constitutional, political, social,


economic, legal, historical, cultural and administrative framework
within which the services function

• To motivate probationers towards developing certain basic


professional, administrative and human values
Training of IAS Probationers
The various components of the induction training programme for IAS are
shown in the following table.
Table: 1
Foundation Training 4 Months
Professional Training (First Spell) 5 Months
District Training 12 Months
Professional Training (Second Spell) 3 Months
Total 24 Months

After the completion of the foundational course the probationers of other


services are sent to their respective training institutes for professional
training, the IAS probationers continue to stay at the Academy for their
professional training. In 1968 professional training programme for IAS
underwent a change with the introduction of a ‘Sandwich’ course on the
recommendation of the ARC. Since then, the IAS probationers are
required to undergo two spells of professional training at the Academy
with a gap of one year between them. This gap is utilized for the district
training. (Field training) in the States.
During the first spell of institutional training the academic sessions include
policy making, land management, soft skills, project management,
national security, e-governance etc.
After the Foundation Course, the IAS probationers are divided into groups
and taken on a tour of India (Bharat Darshan) to experience the rich
cultural diversity and heritage. They meet dignitaries including the
President of India. Each group is attached to different executive/ defence/
administrative institutions for acquiring a more in-depth understanding.
Also, a part of Bharat Darshan is a week-long stint at the Lok Sabha
Secretariat (Bureau of Parliamentary Studies) at Delhi.
After this they are sent to their allotted State for field training. The
components of this training are mentioned as below: 23
Indian Administration • Institutional Training at the State Training School

• Practical Training at the District under the supervision of


Collector/District Magistrate

• Training at the State Secretariat


After completing the one-year training in the State, the IAS probationers
return to LBSNAA to undergo a second spell of the professional training.
It includes sharing the individual learning experience from phase one and
district training, articulating and discussing the various developmental
challenges and issues and Special sessions with distinguished subject
matter experts
Training for IPS Probationers
The various components of the induction training programme for IAS are
shown in the following table.
Table: 2
Foundation Training 4 Months
Professional Training (First Spell) 12 Months
District Training 8 Months
Professional Training (Second Spell) 3 Months
Total 27 Months

Training for IFS (Indian Forest Service) Probationers


The Indian Forest Service probationers are given the induction training for
a period of three years. The various components of the induction training
programme for IFS are shown in the following table.
Table: 3
Foundation Training 4 Months

Professional Training 24 Months

On-the-job training in cadre states 8 Months

Total 36 Months

The IFS probationers after the completion of the combined foundational


course at LBSNAA are sent to the Indira Gandhi National Forest
Academy in Dehradun for their professional training.
Training for IFS (Indian Foreign Service) Probationers
The IFS recruit has to undergo a training programme for a period of three
years. The various components of the induction training programme for
IFS are shown in the following table.

24
24
Table: 4 Training: All India
Services, Central
Foundation Training 4 Months Services, State Services

Professional Training 12 Months


Attachment with the Ministry of External 8 Months
Affairs
Language Training at an Indian Mission Abroad 14 Months

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:

• The probationers of Indian Audit and Accounts service receive


professional training at Central Audit and Accounts Training School,
Shimla.

• Indian Revenue Services (IRS) officers move on to the National


Academy of Direct Taxes, Nagpur or the National Academy of
Customs, Excise & Narcotics, Faridabad depending on the branch
they are allocated to go. (there are two branches of the IRS: IRS –
Income Tax; and IRS – Customs and Central Excise).

• The Railway Service probationers are trained at the Railway Staff


College, Baroda.

• The Central Secretariat Services probationers are imparted


foundational course as well as professional training at the Institute of
Secretariat Training and Management, New Delhi.

• The Indian Postal Service probationers are given professional


training at the Postal Staff College, Ghaziabad, UP.

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.

• The Indian Information Service probationers are given professional


training at the Indian Institute of Mass Communication, New Delhi.

2.2.4 TRAINING INSTITUTIONS

Today training of civil servants has become an integral part of the


personnel policy of the Central as well as State Governments. A number
of training institutions have been set-up by the Central as well as state
governments. These institutions provide both general and professional
training to the civil servants at the entry point and also during their career.
Some of the important institutions of civil service training in India are
briefly described below.

• Lal Bahadur Shastri National Academy of Administration,


Mussoorie
• Central Police Training College, Mount Abu
• Sardar Vallabhbhai Patel National Police Academy, Hyderabad
• Indira Gandhi National Forest Academy (IGNFA), Dehradun
• Sushma Swaraj Institute of Foreign Service, New Delhi
• Institute of Secretariat Training and Management, New Delhi
• Indian Institute of Public Administration, New Delhi
• Indian Institute of Public Administration (IIPA)
• National Institute of Rural Development and Panchayati Raj
• Administrative Staff College, Hyderabad
• CBI Academy, Ghaziabad
• National Institute for Smart Government

2.2.5 TRAINING IN MAHARASHTRA

Yashwantrao Chavan Academy of Development Administration


(YASHADA) is the Administrative Training Institute of the Government
of Maharashtra, and meets the training needs of government departments
and rural and urban non-officials and stakeholders.
The importance of evolving sound and responsive administrative systems
was realized as far back as 1963 when the Administrative Staff College
(ASC) was established in Mumbai. The ASC was relocated at Pune in
1984 and renamed "Maharashtra Institute of Development
Administration" (MIDA). MIDA, constituted as an autonomous society
under the Societies Registrations Act, 1860, was to serve as the apex body
for promoting and developing modern management practices and was to
function as the nodal state level training institute in the field of
development administration. It was named "Yashwantrao Chavan
Academy of Development Administration" (YASHADA) in 1990, as a
26
26
tribute to the pioneering spirit of the late Shri Y. B. Chavan, former Chief Training: All India
Services, Central
Minister of Maharashtra & Deputy Prime Minister of India. Services, State Services

YASHADA in a typical year train around 50,000 persons, including


trainee groups of government officials, executives of NGOs and members
of academia.
New Training Policy in Maharashtra
The Government of Maharashtra announced its new training policy in
September, 2011. The Central theme of the State Training Policy includes:
a) Training for all government employees
b) Continuous training throughout the service period
c) Need based training,
d) Linking the training with the human resource development policy of
the state
e) Augmentation of the existing training facilities
f) YASHADA to serve as the apex training institute
g) Affiliation of all training institutes to YASHADA for this purpose
h) Setting up of state, divisional and district training institutes as
required
i) Extending autonomy to all training institutes
j) Appointments of training managers at all levels from the state to the
local office
k) Linking training with service rules
l) Preparing a Calendar for actual training
m) Providing the budget for training based on the design
n) Implementing the training policy scheme under planned scheme
o) All training institutes in the state are being affiliated to YASHADA
which will serve as the Apex Training Institute.
p) YASHADA will determine the various standards for quality of the
training institutes
q) All training institutes in the state will set up a Training Planning and
Monitoring Cell (TPMC). The Cell will be responsible for the
planning of training, as well as training input, processes and outputs.
r) State government employees will receive technical training,
administrative and in-service training, and for selected categories
foreign training also.
s) Every government department, Panchayat Raj Institution,
Corporation and Mission Units will take action to appoint a training
manager in every office from the state to the local level

2.2.6 CONCLUSION

Training of civil servants has assumed great importance after


Independence. It has become an integral part of the Government's
personnel policy. A number of new training institutions have been set up
in the country to provide both general and specialized training programme.
27
Indian Administration In the recent years the Government of India has been working towards
changing the course structures and curricula of the various training
institutes to ensure there is a shift from theoretical knowledge to practical
implementation.
A revamped foundation course for trainees, a digital platform for relevant
on-the-job training, a proposed university dedicated to the training of civil
servants, and deliberations on setting up a separate ministry for training,
indicate Government’s determination to bring about changes in the
training of public servants.

2.2.7 SUMMARY

• In the modern times as the functions of the Government have


increased, the administration has become a complicated, complex
and technical activity requiring specialized knowledge and skills.
Systematic and coherent training of civil servants has, therefore,
become absolutely necessary.
• In India there is an institutionalized system of training for the All-
India Services, Central Services and State Services.
• Common institutional training, known as foundation training, is
provided to recruits to the All-India and Central Services Class-I, at
Lal Bahadur Shastri National Academy of Administration,
Mussourie.
• Professional training to the new recruits is provided at various
Central Training Institutions.
• Yashwantrao Chavan Academy of Development Administration
(YASHADA) is the Administrative Training Institute of the
Government of Maharashtra, and meets the training needs of
government departments and rural and urban non-officials and
stakeholders.
• In the recent times the Government of India has introduced a number
of changes in the course structures and curricula of the various
training institutes to ensure there is a shift from theoretical
knowledge to practical implementation.

2.2.8 UNIT END QUESTIONS

1. Explain the training system for the IAS recruits.


2. Examine the system of training for the Central Services
probationers.
3. Discuss the features of the New Training Policy of Government of
Maharashtra.
4. Write Notes on the following:
a) Lal Bahadur Shastri National Academy of Administration
b) Sardar Vallabhbhai Patel National Police Academy
c) YASHADA

28
28
2.3 PUBLIC SERVICE COMMISSION: UNION PUBLIC
SERVICE COMMISSION AND MAHARASHTRA
PUBLIC SERVICE COMMISSION

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

• To trace the genesis and growth of Public Service Commissions in


India
• To learn about the composition, functions and role of Union Public
Service Commission
• To learn about the composition, functions and role of Maharashtra
Public Service Commission

2.3.1 INTRODUCTION

The Public Service Commissions are independent constitutional


institutions not subject to governmental or political interference or control
and charged with the responsibility of recruitment and management of
public services. The Constitution of India envisages three categories of
Public Service Commissions. The Union Public Service Commission is to
serve the needs of the services of the Union, a Joint Public Service
Commission for the services of two or more States and a State Public
Service Commission (SPSC) for the services of a State. While UPSC and
SPSCs are constitutional bodies, a Joint Public Service Commission is to
be created by an Act of Parliament.

2.3.2 HISTORICAL BACKGROUND OF PUBLIC


SERVICE COMMISSIONS

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.

2.3.3 UNION PUBLIC SERVICE COMMISSION

In the Indian Constitution there are provisions for the composition,


appointment, removal, powers and functions of the Union Public Service
Commission from Article 315 to Article 323 in Part XIV. Under the
Article 315 of the Indian Constitution, the Union Public Service
Commission is to be constituted for the recruitment of All India Services
and Central Services.
Composition
According to Article 316 of the Indian Constitution the Union Public
Service Commission (UPSC) comprises of a chairman and other members
appointed by the President. 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 other half
members should come from liberal professions like law, academics etc.
Generally, there are nine to eleven members including the Chairman.
Presently there is a sanctioned strength of – One Chairman and Ten
members. The Chairman of UPSC is Prof. Pradeep Kumar Joshi.
Tenure of Chairman and Members
All the members (including the Chairman) hold office for a six years term,
or until they attain the age of 65 years. According to Article 317 the
members can be removed by the President before the expiry of their term
on the basis of any of the following four circumstances:
• He/she goes bankrupt (insolvent)
• He/she engages in any paid employment outside the official duties
• He/she becomes mentally or bodily infirm

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.

2.3.4 MAHARASHTRA PUBLIC SERVICE COMMISSION

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

The UPSC is an independent institution which has an important role to


play as an impartial and expert advisor to the government in matters of
administration of personnel. It occupies a very important place in our
system which assists the Government to maintain an efficient and
impartial public service. Though the Government is not bound by the
advice tendered by the Commission, it is mandatory to submit to the
Parliament an explanatory memorandum about cases of non-acceptance.
Same is true in case of the State Public Service Commissions.
All possible steps have been taken by the Constitution makers to ensure
smooth and effective functioning of the Public Service Commissions
without being influenced by any political pressures. However, there has
been criticism of the manner in which few of the State Public Service
Commissions have functioned. There have been charges of corruption and
political interferences in their functioning. The recruitment, selection and
appointment of civil servants are critical for the creation of stable,
effective and efficient government administration. It is therefore essential
that the Public Service Commission’s function efficiently and impartially.

2.3.6 SUMMARY

• The Constitution of India in Articles 315 to 323 in Part XIV


provides for the establishment of Public Service Commission for the
Union and a Public Service Commission for each State.
• The UPSC conducts examinations for recruitment to all India
services and higher Central services and gives advice to the
President on disciplinary matters.
• Likewise, the State Public Service Commission in every State has
the duty to conduct examinations for recruitment to State Services
and to advise the Governor on disciplinary matters.
34
34
• These commissions in general have proved to be quite useful in Public Service Commission:
Union Public Service
maintaining impartiality and objectivity in the recruitment of civil Commission and
servants, particularly at the higher level. Maharashtra Public Service
Commission

2.3.7 UNIT END QUESTIONS

1. Discuss the composition and functions of the Union Public Service


Commission.
2. Explain the historical background of the Union Public Service
Commission. What are the constitutional provisions regarding the
UPSC?
3. Examine the functions and role of the Maharashtra Public Service
Commission.
4. What are the constitutional provisions regarding ensuring
independence of Public Service Commissions in India?

2.3.8 REFERENCES

Bava, Noorjahan. Public Administration in the 21st Century, Kanishka


Publishers New Delhi, 2010
Avasthi, Maheshwari, Public Administration, Laxmi Narayan Agarwal
Publications, Agra, 2006
Bhattacharya, Mohit, New Horizons of Public Administration, Jawahar
Publications, New Delhi, 2008
Chakrabarty, Bidyut, and Bhattacharya Mohit (ed.), Public Administration
a Reader, Oxford University Press, New Delhi, 2005
Fadia, B. L. & Dr.Kuldeep Fadia, Public Administration: Administrative
Theories and Concepts,SahityaBhawan, Agra, 2015
Fadia, B. L. & Dr.Kuldeep Fadia, Indian Administration,Sahitya Bhawan,
Agra, 2017
Laxmikant M., Public Administration, Tata McGraw Hill, New Delhi,
2011
Laxmikanth M., Governance in India, Tata McGraw Hill, New Delhi,
2011
Sahni, Pardeep, and Vayunandan, Etakula, Administrative Theory, PHI,
New Delhi, 2010
Sharma, M. P., and Sadana, B. L., Public Administration in Theory and
Practice, Kitab Mahal, New Delhi, 2014
Vishnoo Bhagwan and Vidya Bhusan, Public Administrative, S. Chand.,
New Delhi, 2010



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

3.0 LEARNING OBJECTIVES

• To learn the concept and significance of Budget


• To understand the budgetary process in India

3.1 INTRODUCTION

Administration and finance are intimately related. Kautilya has rightly


said, “All undertakings depend upon finance. Hence, foremost attention
shall be paid to the treasury.” Financial administration involving the
machinery and method by which funds required for the public services are
raised, spent and accounted for, is at the core of modern government.
Financial administration involves planning of public expenditure and
revenues, making funds available for the governmental activities and
ensuring the lawful and efficient use of these funds.

3.2 CONCEPT AND SIGNIFICANCE OF BUDGET

The Budget is one of the principal tools of the financial administration.


The word ‘Budget’ is derived from a French word ‘bougette’ which means
a leather bag or sack. The term was used in its present sense for the first
time in the year 1733 when the British Finance Minister Sir Robert
Walpole opened his bag to take out budget proposals in the House of
Commons, and some members cried out, ‘bougette is opened’. Since then,
the term ‘bougette’ began to be used for a financial statement of annual
income and expenditure of the government.
According to Dimock, “A Budget is a financial plan, summarising the
financial experience of the past, stating a current plan and projecting it
over a specified period of time in future.”
36
36
According to Taylor, “Budget is a financial plan of government for a Financial Administration
definite period.”
The Indian Constitution defines Budget as, “the Annual Statement
containing an estimate of all anticipated revenue and expenditure of the
government for the coming financial year.”
To sum up:

• The Budget is a statement of expected revenue and proposed


expenditure.

• It requires some definite authority to approve it.

• It is for a fixed period of time i.e. for a year.

• It sets forth the procedure and manner in which the revenue is to be


collected and the expenditure is to be carried out.
Significance
First, budgeting is the heart of administrative management. It is the basis
of efficient fiscal management. According to Willoughby, “the real
significance of the budget system lies in providing for the orderly
administration of the financial administration of the government.” It is
much more than a mere statement of the revenue and expenditure of the
government. It has three functions- control, management and planning. It
serves as a powerful tool of coordination and an effective method of
eliminating wastage and duplication.
Second, the Budget is a tool of legislative control over the public purse.
The control over the public money enables the legislature (Parliament) to
control the executive and the history of this control may be identified with
the evolution of democracy itself. The legislative control means that no tax
can be collected without its prior authorisation and no expenditure can be
made without its prior approval.
Third, Budget is one of the major instruments for the expression economic
and social policies of government which has wide implication in the
national economy. It affects development and production, size and
distribution of income, availability of manpower and materials etc. The
Budget policy of the government aims at removal of poverty,
unemployment, social, and economic inequalities in society. The taxation
policy of the government in the Budget may lead to the narrowing down
of income inequalities. A Budget is above all a political document which
provides the glimpse of the entire philosophy of the government.
According to S. R. Maheshwari, “the Budget is many things— an
economist views it as a device of influencing the country’s economy, the
politician employs it for defending or criticising the government, the
administrator uses it as a framework for communication and coordination
as well as for exercising administrative discipline throughout the
administrative structure.” 37
Indian Administration 3.3 BUDGETARY PROCESS IN INDIA

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

Government Budget comprises of the following-


i) Revenue Budget: It consists of the revenue receipts of government
(tax and non-tax revenues) and the expenditure met from these
revenues. The estimates of revenue receipts shown in the Budget
take into account the effect of the taxation proposals made in the
Finance Bill. Other receipts of government mainly consist of interest
and dividend on investments made by government, fees, and other
receipts for services rendered by government.
ii) Capital Budget: It consists of capital receipts and payments. The
main items of capital receipts are loans raised by government from
public which are called Market Loans, borrowings by government
from Reserve Bank and other parties through sale of Treasury bills,
loans received from foreign governments and bodies and recoveries
of loans granted by Central Government to State and Union
Territory governments and other parties. Capital payments consist of
capital expenditure on acquisition of assets like land, buildings,
machinery, equipment, as also investments in shares etc. and loans
and advances granted by Central government to State and Union
Territory governments, government companies, corporations and
other parties. Capital Budget also incorporates transactions in the
Public Account.
The budgetary procedure in India involves four different operations that
are:
i) Preparation of the Budget: the formulation of estimates of revenue
and expenditure for the ensuring financial year;
ii) Enactment of the Budget: approval by the legislature in the form of
Finance Bill and Appropriation Bill;
iii) Execution of the Budget: enforcement of the provisions in the
Finance Act and Appropriation Acts by the Ministries and
Departments; in other words, collecting the taxes and incurring the
expenditure as authorised by the Parliament,
iv) Legislative Control of the Budget and Audit: Parliamentary control
over expenditure through three important financial committees of
Parliament -The Public Accounts Committee, the Esti¬mates
Committee, and the Committee on Public Undertakings. In order to
ensure accountability of the executive to the legislature, public
expenditure is audited by an independent agency - The Comptroller
and Auditor-General. (It will be discussed in the subsequent
chapters.)

3.4 PREPARATION OF THE UNION BUDGET

The responsibility for framing the Budget in India is entrusted to the


President of India. Under Article 112 of the Indian Constitution, the
President shall cause to lay before both the Houses of Parliament every
financial year a statement of the estimate of receipts and expenditure of
the Government of India for the year. In practice, in India the Union
39
Indian Administration Budget is prepared by the Department of Economic Affairs of Ministry of
Finance. There is a Budget Division of the Department of Economic affair
of the ministry of finance for this purpose. Finance ministry issues
guidelines to spending based on which ministries present their demands.
The exercise of the preparation of the Budget by the Ministry of Finance
starts sometimes around in the month of September every year.
Stages of Preparation of Budget:
i) Preparation of the preliminary estimates by the Heads of
Department: - The Finance Ministry supplies skeleton forms to the
administrative Heads of Departments of expenditure in the month of
July. The skeleton forms call for details regarding: a. Actual receipts
and expenditures for the previous financial year. b. Sanctioned
estimates for the current year. c. Revised estimates for the current
year. d. Budget estimates for the next year.
ii) The Scrutiny and Review by the Controlling Officers: -The skeleton
information is scrutinised, reviewed, finalised and consolidated by
the Heads of Administrative Departments Such estimates are
forwarded to finance Ministry in the month of November.
iii) Scrutiny and Review of the estimates by the Auditor General: One
copy of the department ‘s preliminary estimates is forwarded to the
Auditor General of India. The Auditor General scrutinises the
estimates from an accountant ‘s angle to ensure compliance of
technical requirements. The Administrative Heads of the various
Departments keeps in view the comments of the Comptroller and
Auditor General while preparing the revised estimates of their
departments.
iv) Scrutiny and review of the Revised Estimates by the Ministry of
Finance: The revised estimates are thereafter verified by the Finance
Ministry.
v) Estimating the Revenue: The work of estimating the revenue is the
responsibility of the Finance Ministry. The Ministry compares the
figures of income and expenditure with previous year‘s figures and
proposes changes in the existing rates if necessary. At this stage the
Budget Division in the Ministry of Finance prepares an estimate
projection of revenue and expenditure of the Government of India
for the ensuing year. On the basis of the estimated expenditure and
proposals regarding fresh taxes the ‘Draft Budget’ is prepared by the
end of December.
vi) The final consideration of the consolidated estimates by the Cabinet:
The ‘Draft Budget’ is examined by the finance minister in January.
After consultations with the Prime Minister, it is submitted to the
Cabinet for its consideration and approval. After the Budget is
approved by the Cabinet, it is presented to the Parliament.
Budget is made through a consultative process involving Ministry of
Finance, NITI Aayog and spending ministries. The NITI (National
Institution for Transforming India) Aayog was formed on January 1, 2015
40
40
replacing the Planning Commission. It is the country’s premier policy- Financial Administration
making institution which is expected to bolster the economic growth of the
country. The Department of Economic Affairs and Department of
Revenue also meet stakeholders such as farmers, businessmen, economists
and civil society groups to take their views.

3.5 ENACTMENT OF THE UNION BUDGET

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.

3.6 EXECUTION OF BUDGET

After the enactment of the Budget by the Parliament, ministries and


attached offices of the Government are authorised to incur expenditure.
The execution of the Budget is done in the following manner:
i) Once the Finance and Appropriation Bills are passed, execution of
the Budget starts. The executive department gets a green signal to
collect the revenue and start spending money on approved schemes.
ii) Revenue Department of the Ministry of Finance is entrusted with the
responsibility of collection of revenue. Various ministries are
authorised to draw the necessary amounts and spend them.
iii) For this purpose, the Secretary of Minister’s acts as the Chief
Accounting Authority.
iv) The accounts of the various ministers are prepared as per the laid
down procedures in this regard. These accounts are audited by the
Comptroller and Auditor General of India.
The Department of Revenue in the Ministry of Finance is in overall
control and supervision over the machinery charged with the collection of
direct and indirect taxes. Such control is exercised through the Central
Board of Direct Taxes and the Central Board of Indirect Taxes. These
Boards exercise supervision and control over the various operational
levels which implement different taxation laws. The Reserve Bank of
India is the central banker of the government. The nationalised banks and
the network of treasuries are also performing the service of collection
(receipts) and disbursement of funds.

43
Indian Administration 3.7 SUMMARY

• Financial administration is one of the most important aspects of


Public Administration.
• The Budget is a statement of expected revenue and proposed
expenditure for a year. It sets forth the procedure and manner in
which the revenue is to be collected and the administration of
expenditure is to be carried out.
• The budgetary processes in India follow the procedure laid down in
Articles 112 to 117 of the Constitution. According to the
Constitution no taxation can be levied and no expenditure incurred
without the prior approval of the Parliament. In India a financial
year begins on1st April and ends on 31st March of the following
year.
• The Budgetary process in India consists of the following stages a.
Preparation of the Budget; b. Enactment of the Budget ; c. Execution
of the Budget; d. Legislative control of the Budget and Audit
• The Union Budget is prepared by the Department of Economic
Affairs of Ministry of Finance. Budget is made through a
consultative process involving ministry of finance, NITI Aayog and
spending ministries.
• The Union Budget is presented in the Parliament by the Finance
Minister. After discussion in both the Houses of Parliament on
Demand for Grants, Financial Bill and Appropriation Bill and voting
in the Lok Sabha the Budget is enacted. After the enactment of the
Budget by the Parliament, ministries and attached offices of the
Government are authorised to incur expenditure.

3.8 UNIT END QUESTIONS

1) Explain the concept of “Budget” and state its importance.


2) Examine the stages in the preparation of the Union Budget.
3) How is the Union Budget enacted by the Parliament?
4) Write a note on:
a. Execution of the Union Budget
b. Appropriation Bill and Finance Bill



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

3.2.0 LEARNING OBJECTIVES

• To learnt about the concept of legislative control over public


expenditure through parliamentary committees
• To understand the composition and functions of the Public Accounts
Committee, the Estimates Committees and the Committee on Public
Undertakings

3.2.1 INTRODUCTION

With the evolution of democracy, the concept of parliamentary control


over public purse has received universal acceptance in the modern times.
‘No Taxation without Representation’ and ‘No Public Expenditure without
Parliamentary Sanction’ have become the guiding principles in ensuring
financial accountability of Government in a democratic polity.
Parliamentary control over public purse is the central point in public
financial administration and key to the public accountability system.
The principal means of ensuring financial accountability of the
Government is the budgetary control. The Union Budget is presented in
the Parliament and it is discussed and approved by the Parliament. The
powers of the Parliament in respect to the enactment of Budget are
mentioned in the Articles 112-117 of the Indian Constitution.
Effective control of the Parliament over the governmental expenditure
requires that the Parliament should satisfy itself that the appropriations
have been utilised economically for the approved purposes within the
framework of the grants. The Parliament as a general body is too big to
exercise any specific control over public expenditure. Hence, it has to
operate through its committee and the review of their reports from time to
time.
The financial committees of Parliament are vested with responsibilities of
scrutiny of public expenditure, economy in public spending and
controlling the irregularities and waste in the management of public
enterprises. In India, there are three financial committees of Parliament:

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.

3.2.2 PUBLIC ACCOUNTS COMMITTEE

Parliament‘s authority over voting money for specific purposes is


meaningless unless it has power to ascertain that the money voted by
Parliament is utilised by the executive for the purposes for which it was
voted. This is secured by subjecting the public accounts to audit by an
independent authority, the Comptroller and Auditor General, and
examination of his report by the Public Accounts Committee.
Public Accounts Committee is considered the most important financial
Committee of Parliament in the financial accountability process. The
Public Accounts Committee (PAC) is the oldest financial committee
which was set up in 1923 under Montague-Chelmsford Reforms (1919)
during the British rule.
There is no mention of the Public Accounts Committee in the Constitution
of India. The Parliament derives its power to set up such a committee from
Article 118 (i) of the Constitution. Similar power has been conferred on
State Legislatures by Article 208 (i) of the Constitution. The Parliament
has accordingly laid down in Rule 143 of its Rules of Procedure and
Conduct of Business the composition and functions of the Public Accounts
Committee.
Composition
PAC is formed every year with strength of not more than 22 members of
which 15 are from Lok Sabha, the Lower House, of the Parliament, and 7
from Rajya Sabha, the Upper House of the Parliament. Its strength was
initially fixed at 15 members of the Lok Sabha but in 1955, it was
increased to 22 to provide for the representation of the Rajya Sabha. The
Public Accounts Committee is annually elected by the Parliament, by
means of proportional representation by single transferable vote. The
principal political parties are given representation on the Committee in
proportion to their strength in Parliament. The selection of members is
made with great care, usually from amongst those having a financial and
business background.
The term of office of the members is one year. Ministers are not eligible
for election. By convention, a member of the opposition is named
Chairman of this Committee by the Speaker of the Lok Sabha.
Functions
The functions of the Public Accounts Committee are as follows:
i) It examines the report of Accounts of the Union Government
submitted by the Auditor and Comptroller General of India, to the
46
46
President. Article 151 of the Indian Constitution requires the Parliamentary Committees
President to lay this report before each House of the Parliament. In
examining the report of the Auditor and Comptroller General - a)
The Committee is to satisfy that the money shown in the account as
having been disbursed was legally made available for and applicable
to the service or purposes to which they have been applied or
charged. b) The Committee is to satisfy that the expenditure
conforms to the authority which governs it. c) The Committee is to
satisfy that every re-appropriation has been made in accordance with
the provision made in this behalf under rules framed by competent
authority.
ii) It shall be the duty of the Public Accounts Committee to examine in
the light of the report of the Comptroller and Auditor General, the
statement of accounts showing the income and expenditure of State
Corporations, trading and manufacturing schemes and profit
projects, together with the balance sheet and statements of profit and
loss accounts.
iii) It shall be the duty of the Committee to examine the statement of
account showing the income and expenditure of autonomous bodies,
the audit of which may be conducted by the Comptroller and
Auditor General of India either under the direction of the President
or by a statute of the Parliament.
iv) It shall be the duty of the Committee to consider the report of the
Comptroller and Auditor General in cases where the President may
have required him to conduct an audit of any receipt or to examine
account of stores, land stocks.
v) It also brings to the notice of the Parliament instances of
extravagance, loss and lack of financial integrity in public services.
The committee cannot question polices of the Government. It only
concerns itself with the execution of policy on its financial aspects.
In brief, the main function of the Public Accounts Committee is to
examine the report of the Comptroller and Auditor-General in order to
ascer¬tain whether the money granted by the Parliament has been spent by
the Government within the scope of the demands.
Working of the Committee
Report of the Comptroller and Auditor General is taken up Ministry-wise,
and the Secretaries are required to appear as witness to explain the points
raised pertaining to their Department by the audit. It has at its disposal the
service of the Comptroller and Auditor General who suggests the lines on
which the Committee should conduct the examination. He suggests the
questions which need clarification from the official witnesses. The
relationship between the Comptroller and Auditor General and the
Committee is close and intimate. He is the “guide, philosopher and friend”
of the committee.
The Committee may appoint one or more Sub-Committees/Sub Groups to
examine any particular matter. If it appears to the Committee that it is
necessary for the purpose of examination that an on the spot study should
be done, the Committee may, either in its entirety or by dividing itself into 47
Indian Administration study groups decide to undertake tours to make an on the spot study of any
project or establishment.
Government takes action on the recommendations of the Committee and
submits action taken notes to the Committee. The Committee then
presents an Action Taken Report after considering the views of the
Government. The Government further submits an Action Taken Statement
on the action taken by the Government on Action Taken Report of the
Committee. Normally, almost all the recommendations of the Committee
are implemented by the Government.
Evaluation
PAC acts as the watchdog of the public purse by examining the audit
report on appropriation account and finance account. The Committee
examines public expenditure not only from legal and formal point of view
to discover technical irregularities but also from the point of view of
economy, prudence, wisdom and propriety to bring out the cases of waste,
loss, corruption, extravagance, inefficiency etc.
The Committee is criticised on the following grounds: Firstly, the
Committee brings out the irregularities in the public expenditure but there
are no mechanisms to enforce the corrective measures. Secondly, the
Committee examines the expenditure which has already been done by the
Government. Thirdly, its recommendations are only advisory in nature and
are not binding on the ministry of the day. Lastly, PAC has got no
mandate to examine the policy in broader sense.
However, PAC through its criticism of the inefficient public expenditure
of the Government creates a strong public opinion against the
Government. The incumbent Government to remain in power tries to
rectify the inefficiency in its public expenditure and policy making. Thus
the committee helps in enforcing accountability of the executive to the
people. The PAC is not only an instrument of financial control but it is
also an instrument of administrative control. Because of its overwhelming
importance both the Government and the Opposition try to gain control
over the PAC. In 2011, the Committee probed the 2G spectrum scam
which brought the committee to public attention. The PAC asked
Congress members to apologise to Comptroller and Auditor General of
India for making allegations against it.

3.2.3 ESTIMATES COMMITTEE

Parliamentary control over public expenditure can be fully effective only


when it is com-prehensive in its scope and character. It is not sufficient to
ensure that the expenditure has been made economically and prudently
and within the grants and for the purposes approved; it is equally
necessary to provide for a detailed examination of the estimates presented
to the House to secure possible economy in the execution of plans and
programmes. The examination of the estimates presented to the House is
done by the Esti¬mates Committee of the Parliament.

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.

3.2.4 COMMITTEE ON PUBLIC UNDERTAKINGS

In view of huge investments and manifold increase in the activities of


public enterprises it was felt that there should be a separate agency which
should look into the working of public enterprises in detail and report to
the Parliament. In 1964, on the recommendation of the Krishna Menon
Committee, a separate parliamentary committee on Public Undertakings
was constituted.
Composition
The Committee on Public Undertakings consists of 22 Members—
15elected by the Lok Sabha and 7 by the Rajya Sabha, from amongst their
Members, according to the principle of proportional representation by
means of a single transferable vote. The Chairman is appointed by the
Speaker from amongst the Members of the Committee.
A Minister is not eligible to be elected as a member of the Committee and
if a member, after his election to the Committee, is appointed a Minister,
he ceases to be a member of the Committee from the date of such
appointment. The term of office of the members of the Committee does
not exceed one year.

50
50
Functions Parliamentary Committees

The Principal functions of the Committee are as following:


i) To examine the reports and accounts of the Public Undertakings;
ii) To examine the reports, if any, of the Comptroller and Auditor
General on the Public Undertakings;
iii) To examine, in the context of the autonomy and efficiency of the
Public Undertakings, whether the affairs of these undertakings are
being managed in accordance with sound business principles and
prudent commercial practices;
iv) Such other functions vested in the Public Accounts Committee and
the Estimates Committee in relation to the public undertakings as
may be allotted to Committee by the Speaker from time to time.
Initially, the Committee had its jurisdiction over a dozen Public
Corporations:
1. Central Warehousing Corporation
2. Industrial Finance Corporation
3. Oil and Natural Gas Corporation
4. Damodar Valley Corporation
5. Mazagon Docks, Mumbai
6. Garden Reach Workshop, Kolkata
7. Air India International
8. All government companies
9. Bharat Electronics
10. Life Insurance Corporation of India
11. Indian Airlines Corporation
12. Hindustan Aircraft Limited
All the new undertakings setup under Company Act in future will
automatically come within the purview of this committee.
Working of the Committee
The Committee selects from time to time for examination such Public
Undertakings or such subjects as they may deem fit and as fall within their
terms of reference. The Committee asks the Ministry and the Enterprises
to furnish necessary material relating to chosen subjects. The Committee
often visits chosen enterprises for informal discussions. After the study
tours, and after receiving formal memorandum and other information from
concerned parties, non-official and official witnesses are invited to give
evidence at formal sittings of the committee held at Parliament House. All
evidence given before the Committee is treated as confidential.
The conclusions of the Committee on a subject are contained in its report,
which, after its adoption by the Committee, is presented in the Lok Sabha.
After presentation to the Lok Sabha the report is forwarded to the Ministry
or the Department concerned which is required to take action on the
recommendations and conclusions contained in the report and furnish
action taken replies thereon within six months.
51
Indian Administration Evaluation
The limitations on the functions of the Committee were prescribed. It is
not competent to deal with the following matters.
i) Matters, of major government policy as distinct from business or
commercial functions of the government;
ii) Matters of a day-to-day administration;
iii) Matters, for the consideration of which machinery established by
any special statute under which particular public undertaking is
established.
iv) The Committee cannot discuss the pricing policy of undertaking or
its labour management relations.
Critics point out that the committee is not concerned with any technical
matters of Public Sector Undertakings (PSUs) as there are no technical
experts as members of the Committee. Secondly, all the recommendations
put forward for by the committee are advisory in nature and Ministers are
not bounded by any of those. Thirdly, several important public
undertakings in defence establishments have been kept outside the
Committee’s jurisdiction.
In spite of its limitations the Committee on Public Undertakings has
proved to be an effective instrument of control and contributed
substantially towards greater efficiency and economy in the management
of public undertakings by its constructive and valuable recommendations
made from time-to-time.

3.2.5 SUMMARY

• Effective parliamentary control over the governmental expenditure


requires that the Parliament should satisfy itself that a) the
appropriations have been utilised economically for the approved
purposes within the framework of the grants and b) a detailed
examination of the Annual Budget estimates of the Government to
suggest possible economies in the implementation of plans and
programmes embodied therein has been undertaken.
• Both these functions are important in making the legislative control
over expenditure complete. Parliament performs these functions
through three committees composed of its members viz. Public
Accounts Committee, the Estimates Committee and the Committee
on Public Undertakings.
• The main function of the Public Accounts Committee is to examine
the report of the Comptroller and Auditor-General in order to
ascer¬tain whether the money granted by the Parliament has been
spent by the Government within the scope of the demands.
• The purpose of The Estimates Committee is to examine the
estimates included in the Budget presented in the Parliament. It also
suggests economies in public expenditure.
• The Committee on Public Undertakings has been set up especially
for an in-depth examination of the working of the Public Enterprises.
52
52
3.2.6 UNIT END QUESTIONS Parliamentary Committees

1) Explain the composition and functions of the Public Accounts


Committee.
2) Discuss the role of the Public Accounts Committee in ensuring the
financial accountability of the Government.
3) Write a note on the Estimates Committee of Parliament.
4) Examine the functions and role of Committee on Public
Undertakings.



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

3.3.0 LEARNING OBJECTIVES

• To learnt about the concept Audit in ensuring financial


accountability of the Government
• To understand the constitutional position, functions and role of
Comptroller and Auditor General of India

3.3.1 INTRODUCTION

The Government Audit plays an important role in the scheme of


parliamentary financial control and ensures that the executive bodies keep
expenditure and allocation made in Budget within the sums allotted and
for the purposes authorised. It is absolutely necessary that some
independent agency scrutinises government spending and checks whether
it has been in accordance with Parliamentary sanctions. Under the
Constitution of India, the Comptroller and Auditor General of India is the
apex authority responsible for external and internal audits of the expenses
of the National and State Governments. It is popularly known as the CAG
of India. On 7th August 2020, Girish Chandra Murmu has been appointed
as the new Comptroller and Auditor General of India.

3.3.2 CONCEPT OF AUDIT

Audit is an important tool of ensuring the financial accountability of the


government. It is an indispensable part of the parliamentary control over
public finance. Audit is defined as “an examination and verification of the
accounts after the financial transactions are completed, in order to
discover and report to the legislative body any unauthorised, illegal, or
irregular expenditure, any financial practices that are unsound, and to find
out whether the administration has faithfully discharged its responsibility.
The audit is an aspect of external control over administration and seeks to
enforce the accountability of administration.

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.

3.3.3 CONSTITUTIONAL POSITION OF


COMPTROLLER AND AUDITOR GENERAL

The Comptroller and Auditor General (CAG) of India is an authority,


established by Article 148 of the Indian Constitution which audits all
receipts and expenditure of the Government of India and the State
Governments, including those of bodies and authorities substantially
financed by the Government.
For the purpose of securing the highest standards of financial integrity of
the administration the Constitution safeguards the independence of the
Comptroller and Auditor General in the following ways:
i) CAG is appointed by the President by warrant under his hand and
seal and provided with tenure of 6 years or 65 years of age,
whichever is earlier.
ii) CAG can be removed by the President only in accordance with the
procedure mentioned in the Constitution that is the manner same as
removal of a Supreme Court Judge.
iii) He is ineligible to hold any office, either under the Government of
India or of any state, once he retires/ resigns as a CAG.
55
Indian Administration iv) His salary and other service conditions cannot be varied to his
disadvantage after the appointment.
v) His administrative powers and the conditions of service of persons
serving in the Indian Audit and Accounts Department are prescribed
by the President only after consulting him.
vi) The administrative expenses of the office of CAG, including all
salaries, allowances and pensions are charged upon the Consolidated
Fund of India that is not subject to vote.
In order to be able to discharge duties effectively, certain privileges and
powers which facilitate the process of auditing have been given to this
office. The following are the major powers of the CAG of India:
i) The Comptroller and Auditor General or his staff can inspect any
office of the organisations which are subject to his audit. He and his
staff can scrutinise the transactions of the Government and question
the administration regarding the various aspects of these
transactions. After scrutinising the transactions, the CAG may
withdraw his objections or, if he finds them serious, incorporate
them in his report which is submitted to the Parliament.
ii) To enable the office to perform this function smoothly, he is
endowed with full access to all the financial records including
books, papers, and documents. Moreover, the CAG has the freedom
to ask for the relevant information from any person or organisation.

• Organisational Structure the Office of CAG


i) Headquarters Office – CAG; Deputy CAGs; Additional
Deputy CAGs
ii) Field Offices – Principal Accountant General/
Accountant General or Director General/ Principal
Director
iii) Senior Deputy AG/ Deputy AG or Director/ Deputy
Director
iv) Assistant Accountant General
v) Supervisory Officials – Sr. Audit/ Audit or Accounts
Officers, Asst. Audit or Accounts Officer

3.3.4 DUTIES AND FUNCTIONS

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

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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.
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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.

3.3.5 ROLE OF COMPTROLLER AND AUDITOR


GENERAL AS AN INDEPENDENT AGENCY

The Constitution of India assigns an independent and important position to


the Comptroller and Auditor General to perform the duties without fear or
favour. It has provided adequate safeguards for his/ her independence
from the Executive. The office of the Comptroller and Auditor General of
India is created by the Constitution itself
The CAG’s role should be viewed in the context of our constitutional
scheme under which the executive is accountable to the Parliament. CAG
is an essential instrument for enforcing the accountability mechanism as
the CAG’s reports on Government’s stewardship of public finance are
required to be placed in Parliament and State Legislatures under Article
151 of the Constitution.
To enable him to discharge this responsibility, without fear or favour, he
has been given an independent status under Article 148 similar to that of a
Supreme Court judge. The Constitution does not prescribe any form or
guidelines for the contents of the Audit Report of the Comptroller and
Audit General. It has thus been left with the Comptroller and Auditor
General, the complete freedom and discretion to decide the form, the
materials and the contents of the reports.

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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

• The Comptroller and Auditor General (CAG) of India is an


authority, established by Article 148 of the Indian Constitution
which audits all receipts and expenditure of the Government of India
and the State Governments, including those of bodies and authorities
substantially financed by the Government.
• It is the institution through which the accountability of the
Government and other public authorities (all those who spend public
funds) to Parliament and State Legislatures and through them to the
people is ensured.
• The Comptroller and Auditor General of India plays a key role in the
functioning of the financial committees of Parliament and the State
Legislatures.
• He is the guardian of the public purse and the entire financial system
of the country at both the levels- the Centre and State. His duty is to
uphold the Constitution of India and the laws of Parliament in the
field of financial administration.

3.3.7 UNIT END QUESTIONS

1) Discuss the constitutional safeguards provided to maintain the


independence of the Comptroller and Auditor General of India.
2) Explain the duties and functions of the Comptroller and Auditor
General of India.
3) Critically examine the role of the Comptroller and Auditor General
in ensuring financial accountability of the Government.



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4
Indian Administration

CONTEMPORARY ISSUES IN INDIAN


ADMINISTRATION
Unit Structure
4.0 Objectives
4.1 Corruption, forms, its types
4.2 Remedies to fight corruption
4.3 Lokpal, Lokayukt and CVC
4.4 Role of NGO
4.5 RTI act 2005
4.6 Citizen Charters
4.7 Challenges in implementing the Charters
4.8 Unit End Questions

4.0 OBJECTIVE

• To understand Corruption its forms, its types and Remedies to fight


corruption.

• To understand the institutions such as Lokpal, Lokayukt and CVC.

• To understand Citizen Charters and problems faced in implementing


the Charters.

4.1 WHAT IS CORRUPTION: MEANING

Corruption has a variety of meanings. Following are some of the


definitions of 'corruption'.

• David H. Bayley says that, "Corruption is a general term covering


misuse of authority as a result of considerations of personal gain,
which need not be monetary."
• According to Jacob Van Klanveren, "Corruption means that a civil
servant abuses his authority in order to obtain an extra income from
the public." As defined by Robert C. Brooks, "Corruption is the
intentional misperformance or neglect of a reorganised duty, or the
unwarranted exercise of power, with the motive of gaining some
advantage more or less directly personal."
• J. S. Nye observes that "corruption is a behaviour which deviates
public officials from the normal duties. This includes such behaviour
as bribery, nepotism and misappropriation." In short, corruption
means deliberate and intentional exploitation of one's position, status
or resources, directly or indirectly, for personal aggrandizement,
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whether it be in terms of material gain or enhancement of power, Contemporary Issues
in Indian Administration
prestige or influence beyond what is legitimate or sanctioned by
commonly accepted norms to the detriment or the interests of other
persons or the community as a whole.
Forms of Corruption
Administrative malpractices may take many forms. Numerous are the
forms of corruption and abuse of authority. The Central Vigilance
Commission has identified following modes of corruption:
1. Misappropriation of public money and stores.
2. Possession of disproportionate assets.
3. Abuse of official position/powers.
4. Acceptance of illegal gratification in recruitments, postings transfers
and promotions.
Acceptance of gifts.
5. Misuse of imported and allotted quotas by various firms with the
connivance of public servants.
6. Moral turpitude.
7. Unauthorised occupation and subletting of government quarters.
8. Under-assessment of income tax and estate duty for pecuniary gain.
9. Showing favours to contractors and firms
10. Claiming false travelling allowance and house rent.
11. Purchase of immovable property without prior permission or
intimation.
12. Misuse of government employees for personal work.
13. Production of forged certificates of age or birth or community.
14. Acceptance of substandard stores/work.
15. Borrowing money from contractors/firms having official dealings
with officers.
16. Incurring pecuniary obligations of persons with whom the public
servants have official dealings.
17. Causing loss to government by negligence or otherwise.
18. Irregularities in the reservation of seats by rail and by air
19. Non-delivery of money orders, insured covers, and value payable
parcels.
20. Irregularity in the grant of import and export licences.
21. Irregularity in the grant of telephone connections.
22. Misuse of advances sanctioned for purchase of scooters and cars.
23. Abnormal delay in settlement of compensation claims to displaced
persons.
24. Wrong assessment of claims of displaced persons.
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Indian Administration 25. Cheating in connection with the sale and purchase of plots for
residential purposes.
Reasons for Corruption:
As indicated by Wilson, "men take when there is part of cash lying around
free furthermore, nobody is watching." K. That's what Santhanam
Committee sees "Defilement can exist provided that there is somebody to
ruin and equipped for defiling." The Punjab Administrative Reforms
Commission has specified following reasons for debasement:
1) Lack of appropriate instruction and preparing of Civil workers;
2) Low compensations;
3) Inadequate and wasteful management;
4) Political support of authorities;
5) Complicated and dictatory methodology;
6) Collection of assets through authorities;
7) Poor general assessment;
8) reluctance of individuals to whine against degenerate.
A few different reasons for defilement are:
1. Political Corruption: Political debasement has significantly
corrupted organization and aided in the spread of regulatory
debasement to by any stretch of the imagination levels. On the off
chance that the top isn't perfect, clearly the base will undoubtedly be
messy.
2. Absence of Transparency of Public Dealings: It has turned into a
practice and schedule that each paper or document that is kept up
with by the Government is stamped 'secret' and 'private', no piece of
it is open as an issue of right to the public. An overall fantasy has
been made that each official record document is an official mystery.
A considerable lot of the tricks which are occurring consistently are
worked with by and are conceivable simply because of the absence
of straightforwardness of these authority dealings or absence of data
about these in the public area.
3. Non-Disclosure of Assets and Income: Another vital motivation
behind why public authorities can pull off pay-offs is that there is no
regulation or rule or show convincing or empowering public
authorities to reveal their pay and resources. Assuming an
investigation is made on the resources and pay of public authorities,
their mates and their kids, it would be tracked down that an
exceptionally enormous number of authorities have resources and
salaries unbalanced to their lawful types of revenue.
4. Social Environment: Societal culture or cultural climate has strong
sway on policy management. That is the reason, it is said that
organization is culture bound. Regulatory culture is essential for the
complete culture of society. In the Indian culture the ties of family,
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62 position, local area, religion and district are still extremely amazing.
Local officials in this manner can't forfeit their gathering Contemporary Issues
in Indian Administration
unwaveringness for the purpose their reliability to the country. This
outcomes in degenerate practices like nepotism, preference, castism,
and so forth.
Indian culture is going through a course of modernization and old
cultural values are disintegrating and materialistic aspirations have
become prevailing. Procurement of abundance, anything the means
have turned into the main intention. The rapacious society breeds
debasement.
5. 'Permit grant share' Raj: The expanded expert for permitting' and
'control and guideline' has acquired the public authority the epithet
of "permit, grant, share raj." This has given an adequate number of
chances to debasement, pay off furthermore, fortune through badly
gotten riches.
6. Unwieldy Administrative Procedure: In underdeveloped nations
like India, authoritative techniques and practices are lumbering and
tardy. This is added by the negative disposition of the organization
and red tapism. The documents move perpetually starting with one
work area then onto the next on the grounds that everybody needs to
stay away from the obligation of taking choices. This outcomes in
delay in authoritative activity and the nervousness to stay away from
delay has empowered the development of exploitative rehearses like
the arrangement of speed cash.
7. Tradition of provincial framework: Colonial legislatures were for
the most part respected as outsider and thus ill-conceived,
subsequently, cheating and deluding such an outsider power was
viewed as a fair game. However, when that pioneer framework was
supplanted by nearby power, the previous mentality didn't vanish
and cheating the government is as yet not considered by some as
unethical activity.
8. Public pessimism: The presence of a goliath public criticism
towards debasement, individuals' acknowledgment of defilement as
an unavoidable truth and the inclination that those demonstrated of
political or administrative debasement in open life perpetually go
without any consequence and in the process store up more
"influence, status and riches" have prompted circumstance, where
even the most resolved endeavors to battle the malevolence have
flopped pitiably.
For the normal elector in India, honor in open life isn't significant. If
fidelity in open life doesn't annoy people in general, what are the
issues that pain what's more, concern them? In a portion of the
assessments of public sentiment directed, issues like cost of
foodgrains, drinking water, business, cover, and so forth, come
higher as electors' need than debasement. Undoubtedly, the citizen
knows that our whole political framework depends on defilement.
Each ideological group needs assets and this is gathered in real 63
Indian Administration money. The main distinction might be that some are worse than
others or some have been found out and uncovered and others have
not yet been uncovered.
9. Arrangement of Governance: Our arrangement of Governance is
likewise answerable for defilement in our country. Our majority rule
government depends on defilement since all ideological groups need
to gather assets in real money, which is clear cash. Defilement in our
framework has brought about 58,000 crore non-performing
resources in the banking area, a VDI plot which remunerates the
duty dodger by imposing 30% charge while rebuffing the fair citizen
with a 40 percent charge, etc.
Different variables causing defilement among community workers
are work shortage, lacking compensation, and the always expanding
powers being given to them by the state to manage its economy and
parties. This expanded administrative authority sets out different
open doors for cash making, with respect to example in association
with improvement arranging licenses, contracts for development,
giving import-trade licenses, gathering customs and different
obligations and severe representing unfamiliar trade.
Solutions for Fight Corruption Debasement is subterranean insect public,
hostile to financial turn of events and against poor. Battling defilement
resembles battling a conflict.
Following cures are recommended to destruction of defilement:
1. Making working of public workplaces and public authorities
considerably more straightforward.
2. Prerequisite for public revelation of resources and pay.
3. Authoritative methodology ought to be improved and delays wiped
out.
4. Developing of moral direct code and its requirement system.
5. To have residents' carefulness gatherings.
6. Production of institutional gadgets like ombudsman, Lokpal,
lokayukta, focal carefulness commission and so on.
In short, it isn't destitution, yet the craving to be wealthy in a materialistic
culture that is the underlying driver of the underhanded and the long-
lasting arrangement of the issue is the formation of another social request
in view of social responsibility for, fair dispersion, fairplay and equity.
Hostile to Corruption Laws Local officials in India can be punished for
defilement under the Indian Punitive Code, 1860 and the Prevention of
Corruption Act, 1988. The Benami Exchanges (Prohibition) Act, 1988
precludes benami exchanges. The Anticipation of Money Laundering Act,
2002 punishes local officials for the offense of illegal tax avoidance. India
is likewise a signatory (not confirmed) to the UN Show against Corruption
beginning around 2005. The Convention covers a wide reach of
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demonstrations of defilement and furthermore proposes specific Contemporary Issues
in Indian Administration
preventive approaches.
Key Features of the Acts connected with debasement
Indian Penal Code, 1860:
• The IPC characterizes "community worker" as an administration
representative, officials in the military, naval force or flying corps;
police, judges, officials of Court of Justice, and any nearby power
laid out by a focal or state Act.

• Segment 169 relates to a local official unlawfully purchasing or


offering for property. The local official will be rebuffed with
detainment of up to two years or with fine or both. In the event that
the property is bought, it will be seized.

• Segment 409 relates to criminal break of trust by a local official. The


community worker will be rebuffed with life detainment or with
detainment of upto 10 years and a fine.
The Prevention of Corruption Act, 1988
• Notwithstanding the classifications remembered for the IPC, the
meaning of "public worker" incorporates office conveyors of
agreeable social orders getting monetary help from the public
authority, representatives of colleges, Public Service Commission
and banks.

• In the event that a community worker takes satisfaction other than


his legitimate compensation in regard of an authority act or to
impact community workers is obligated to least discipline of a half
year and greatest discipline of five years and fine. The Act likewise
punishes a local official for taking delight to impact people in
general by unlawful means and for practicing his individual impact
with a community worker.
The Benami Transactions (Prohibition) Act, 1988
• The Act restricts any benami exchange (acquisition of property in
misleading name of someone else who doesn't pay for the property)
with the exception of when a individual buys property in his
significant other's or unmarried girl's name.
The Prevention of Money Laundering Act, 2002
• The Act expresses that an offense of illegal tax avoidance has been
submitted if an individual is involved with any interaction associated
with the returns of wrongdoing furthermore, undertakings such
returns a sustained property. "Continues of wrongdoing" implies any
property acquired by an individual because of crime connected with
specific offenses recorded in the timetable to the Act. An individual
can be accused of the offense of tax evasion provided that he has
been accused of submitting a booked offense.
Process followed to examine and arraign degenerate local officials 65
Indian Administration ● The three principle specialists associated with inquisitive, examining
and arraigning defilement cases are the Central Vigilance
Commission (CVC), the Central Bureau of Investigation (CBI) and
the state Anti- Defilement Bureau (ACB). Cases connected with
illegal tax avoidance by open workers are explored and arraigned by
the Directorate of Implementation and the Financial Intelligence
Unit, which are under the Service of Finance.
● The CBI and state ACBS explore cases connected with defilement
under the Anticipation of Corruption Act, 1988 and the Indian Penal
Code, 1860. The CBI's locale is the focal government and Union
Territories while the state ACBs explores cases inside the states.
States can allude cases to the CBI.
Anti-Corruption Bureau
Anti-Corruption Bureau are laid out in States. Following is the depiction
of the ACB in Maharashtra:
Anti-Corruption Bureau in Maharashtra
Indeed, even before the institution of the Prevention of Corruption Act, the
then, at that point, Legislature of Bombay coordinated, in 1946, the
constitution of the Anti-Corruption Branch in Greater Bombay as an
unmistakable unit accused of the obligation of taking up
instances of pay off and debasement. In natural process of everything
working out, this developed into the present.
Hostile to Corruption Bureau of the Maharashtra State. The Maharashtra
State Anti-Corruption Bureau was established under the Legislature of
Maharashtra, Home Department, in November 1957, with a view to
annihilating the evil of pay off and defilement.
The Bureau has its Headquarters at Mumbai and capacities under the
generally control and management of the Director General, ACB. The
Director, who was prior of the position of a Deputy Inspector-General of
Police, was given the situation with Top of the Department. The post was
subsequently moved up to that of a Director General of Police. The
Director General is free of the state Director General of Police and
capacities straightforwardly under the authoritative control of Government
in the Home Department.

4.3 LOKAYUKTA AND LOKPAL

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.
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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.
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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
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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
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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.
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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:

• Specialized review of development works of Governmental


associations from a cautiousness point;
• Examination of explicit instances of objections connecting with
development works;
• Augmentation of help to CBI in their examinations including
specialized matters and for assessment of properties in Delhi;
• Offering of guidance/help to the Commission and Chief Vigilance
Officials in watchfulness cases including specialized matters.
Magistrates for Departmental Inquiries (CDIs) There are fifteen posts
of Commissioners for Departmental Inquiries (CDI) in the Commission,
14 in the position of Deputy Secretaries/Directors and one in the position
of Joint Secretary to Legislature of India. The CDIs work as Inquiry
Officers to direct Oral requests in departmental procedure started against
community workers.
Powers and Functions of CVC
a) To practice administration over the working of the Delhi Special
Police Establishment (DSPE) as for examination under the
Counteraction of Corruption Act, 1988; or offense under CRPC
without a doubt classes of local officials and to give headings to the
DSPE for reason for releasing this obligation;
b) To survey the advancement of examinations led by the DSPE into
offenses asserted to have been submitted under the PC Act;
c) To embrace a request or influence a request or examination to be
made into any exchange wherein a community worker working in
any association, to which the chief control of the Government of
India broadens, is thought or affirmed to have represented an
inappropriate reason or in a bad way;
d) To delicate autonomous and fair exhortation to the disciplinary and
other experts in disciplinary cases, including carefulness point at
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various stages for example examination, request, offer, survey and Contemporary Issues
in Indian Administration
so on.;
e) To practice a general check and management over watchfulness and
against debasement work in Ministries or Departments of the Govt.
of India and different associations to which the leader force of the
Union expands; also,
f) To seat the Committee for choice of Director (CBI), Chief
(Requirement Directorate) and officials of the degree of SP or more
in DSPE.
g) To embrace or cause an investigation into objections got under the
Public Interest Disclosure and Protection of Informer and suggest
proper activity.
Division of Personnel and Training is liable for laying Annual Report of
the Central Vigilance Commission before each House of Parliament. This
Division likewise handles all strategy and managerial issues relating to the
Central Vigilance Commission.
Commission's Jurisdiction under CVC Act
a) Members of All India Services serving regarding the undertakings of
the Association and Group An officials of the Central Government.
b) Board level deputies and other senior officials upto two grades
beneath the Board level, in the Public Sector Undertakings of the
Central Government;
c) Officers of the position of Scale V or more in the Public Sector
Banks;
d) Officers of the position of Assistant Manager or more in the
Insurance Area (covered by LIC and GIC and four non-disaster
protection organizations in the Public area); and
e) Officers drawing essential compensation of 8700/ - each month or
more in independent bodies/neighborhood specialists or social
orders possessed or constrained by the Central Government.
Watchfulness apparatus in the States and Districts
The watchfulness apparatus at the state level contrasts from one state to
another. The majority of the states have a State Vigilance Commission.
There is additionally an extraordinary police foundation to manage
instances of defilement in both the state government and the state public
endeavors. The Commission presents Annual Report to the State
government and the equivalent is put before the State Legislature. At the
region level, there is a District Vigilance Officer. The District Collector
designates one of his gazetted officials as District Vigilance Officer.

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Indian Administration 4.4 ROLE OF NON-GOVERNMENTAL ORGANIZATIONS

Factors Responsible for the Rise and Growth of NGOs in India


The ascent and development of NGOs in India is basically ascribed to the
general disappointment of the public authority to get it done for the
general population. After Independence it was normal that the public
authority would assume the liability of socio- monetary improvement of
the more fragile segments in the public arena. Insurance of their freedoms
would be government's excellent concern. However, really our
administration neglected to achieve financial improvement of all areas of
society. The laid-out establishments of the framework - the chief, the
governing body and the legal executive couldn't answer individuals'
assumptions or adapt up to expanding wilderness. So infringement of
common liberties proceeded and exasperated. During the 1970s, the nation
saw financial stagnation and political precariousness. The ideological
groups, worker's guilds and developments didn't act the hero of the
majority.
The disappointment of the State, the administrative hardware and political
associations prompted the ascent and development of NGOs. The
concealment and abuse of ladies, landless workers, dalits, tribals and so
forth has come about in the 'revolt of the majority'. The NGOs have turned
into the voice of the irate and the bothered masses.
The disappointment of the public authority to achieve financial turn of
events baffled the informed working class as well. From the informed
working class, another class of activists has arisen which gave initiative to
a large portion of the NGOS.
Kinds of NGOs
The NGOs can be characterized in different ways. To the extent that their
way of working is concerned, they can be separated into two gatherings,
'productive work' and NGOs doing extremist, battle arranged work. In
spite of the fact that their way of working is unique, their objective is
something similar, NGOs doing common freedoms.
Elements of NGOs in India:
1. Affecting the legitimate cycle In India, basic liberties NGOs hall for
the reception of regulations which would safeguard common
liberties. Now and again they even anteroom for the annulment of
treacherous regulation. For instance, a few NGOs challenged the
Terrorist also, Disruptive Activities (Prevention) Act (TADA) on the
ground that TADA was an oppressive demonstration. It had a few
arrangements which disregarded fundamental human privileges.
2. Co-activity and Co-activity with one another NGOs support
different NGOs in their exercises. Sharing fortitude and backing
with one another, can have an effect and can give assurance to those
NGOs which are in the front of battle. For instance, a few NGOs in
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India and abroad, have upheld Narmada Bachao Andolan in its battle Contemporary Issues
in Indian Administration
against the Sardar Sarovar Projects.
3. Insurance of common freedoms This is done through halting
maltreatments and giving compassionate help to casualties of
common freedoms infringement. NGOs give lawful help, such as
documenting writ petitions and help the casualties by offering
material and moral help. For model, 'Savdhan', a Mumbai based
NGO, salvages minor young ladies from massage parlors and
attempts to restore them.
4. Observing A few NGOs screen the working of the hardware of the
state. What is stunning is that numerous multiple times the
lowkeepers who should secure common liberties, are the
fundamental violators of the equivalent. Except if government
organizations are checked, there will be no strain on them. A few
NGOs distribute covers legislatures' basic liberties record. For
model, the Peoples Union of Civil Liberties distributes covers basic
freedoms infringement which additionally comes down on
government bodies.
5. Teaching the majority Making individuals mindful of their
privileges and their infringement is a significant capacity of the
NGOs. In regions where there is huge scope lack of education,
NGOs' teaching job becomes critical. Training as to privileges and
their infringement makes crafted by NGOs simpler. With this, NGOs
could get more prominent help for their projects. They can
progressively inspire individuals to battle for their privileges. NGOs
utilize nearby language or tongue; people tunes and stories to reach
their message to the majority. For instance, the Jana Jati Raksha
Samiti in Jharkhand utilizes the narratives of Birsa Munda, the
neighbourhood legend who battled contrary to unfamiliar rule, to
sharpen tribals of that area.
6. Productive work Alongside their work in security of common
liberties, a few NGOs help individuals understand their privileges.
They open schools, begin wellbeing administrations and make
business/independent work valuable open doors through useful
preparing and so on. The genuine justification behind infringement
of privileges is many times destitution, backwardness, also, absence
of schooling. In the event that these it are taken out, to deny
conditions individuals would have the option to partake in their
freedoms in the genuine sense. For instance, Nanaji Deshmukh's
Deendayal Research Institute is doing useful work like improvement
in agribusiness in the Chitrakoot district of Uttar Pradesh.
7. Adjusting Government Schemes NGOS make variations in uses of
plans arranged by the government at large scale level to explicit
circumstances thinking about neighbourhood prerequisites.
Frequently, the public authority, under specific financing
arrangements through various services and independent
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Indian Administration organizations (like CAPART), gives wide rules to proposing an
undertaking and NGOs are called upon to figure out a task
proposition thinking about nearby circumstances.
8. Supporting Government Actions NGOS attempt a job supporting the
activities/programs completed by government offices. In spite of the
fact that they may straightforwardly help to carry out government
endeavours, these NGOs may not be guaranteed to have government
backing or acknowledgment. For instance, a NGO which is occupied
with conscientizing the provincial poor, may help the objective
gathering to profit benefits under the public authority antipoverty
programs and thus, help the Block Development Officer in
executing the Incorporated Rural Development Program. Regardless
of such a job the NGO may be in struggle with the neighbourhood
organization.
9. Offering elective Approaches The job of the NGOs might be
through giving methodologies elective to government strategies and
projects, resolving various issues of the target gatherings. Ashish
Gram Rachana Trust of Pachod, Maharashtra has fostered a local
area wellbeing approach, which is viewed as another option to
essential medical services arrangement of the public authority.
10. Supplement Government endeavours NGOS supplement
government endeavours especially in contacting the less available
objective gatherings and on occasion supplement existing
administrations because of different necessities of a similar objective
gatherings.

4.5 RTI AND TRANSPARENCY IN GOVERNANCE

It is said that RTI guarantees more straightforwardness in administration.


Straightforwardness implies simple admittance to data. It has two
viewpoints one, it visualizes increasingly more deliberate divulgence of
data with respect to the public authority. The essential to this is the
teaching of the worth of transparency and a feeling of responsibility in the
clergymen and public workers. We see that a few sites of government
offices are very instructive, while sites of different offices are not. This
reflects that community workers in certain divisions are more open and
able to make their work more straightforward than others. Deliberate
revelation needs more proactive government.
The second part of straightforwardness is the residents' ability to gain data
from government. This empowers residents to frame their perspectives, to
find out about the public authority's working, and so forth. Here, the
government should be responsive.
RTI and Accountability of Government
Straightforwardness in administration makes the public authority
responsible of course. Alternately, mystery has exceptionally close
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76 connection with defilement, nepotism, failure, insufficiency, and so on.
For individuals in majority rule government, responsibility of government Contemporary Issues
in Indian Administration
is a fundamental essential for the happiness regarding their privileges.
Since the public authority grasps tremendous power, it is essential that it
holds it mindfully. Unlimited power will in general ruin the rulers. Master
Acton's well-known words, "Power will in general ruin, and outright
power undermines totally. Incredible men are quite often terrible men."
Highlights the significance of limitations to be forced on the individuals
who hold power. Applications documented under the RTI Act will remind
people with great influence over and over that they are responsible to
individuals. This will have powerful command over their power.
BAGROUND/EVOLUTION IN INDIA
Freedom and later
It was clearly idealistic to expect that the British would bring any type of
receptiveness in their organization. What was miserable was simply even
Freedom, our own chiefs, who are our agents first, and the administrators,
who are called 'local officials', kept on working under the smoke screen
made by the British. In India, even after Independence, different
regulations and rules limited the exposure of true data to individuals and in
this way preferred mystery in administration. These are:
I) Indian Evidence Act, 1872
II) Official Secrets Act, 1923
III) Commission of Enquiry Act, 1952
IV) All-India Services (Conduct) Rules, 1954
V) Central Civil Services (Conduct) Rules, 1955
VI) Railway Services (Conduct) Rules, 1956
It was inescapable that individuals in Independent India would anticipate
the public authority to be really responsible and straightforward. Sadly, the
leaders and civil servants not just conveyed forward the designs what's
more, frameworks of administration from the British, they conveyed
forward the way of life of mystery and lethargy moreover. This lethargy
moreover. This thusly prompted the development of individuals'
developments, requesting more prominent straightforwardness and
responsibility.
Individuals' Movement
The interest for Right to Information has appeared as mass development at
the grassroots level. In Rajasthan, a mass-based association called the
Mazdoor Kisan Shakti Sangathan (MKSS) stepped up and lead individuals
from an exceptionally in reverse area Bhim Tehsil. Locals, under the
administration of Aruna Roy and others, declared their right to data by
requesting duplicates of bills what's more, vouchers and names of people
who had been paid wages referenced in assemble rolls on the development
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Indian Administration of schools, dispensaries, little dams and public venues. On paper such
improvement projects were totally finished, however, it was widely known
of the locals that there that there was gross misappropriation of assets with
roofless school structures, dispensaries without dividers, dams left
deficient and public venues having no entryways and windows.
Following quite a while of thumping at authorities' entryways and
notwithstanding the typical detachment of the State government, MKSS
prevailed with regards to getting copies of certain pertinent records.
Misappropriation of assets was plainly self-evident. Sometimes, the gather
rolls contained names of people who either didn't exist by any means or
passed on years prior. This episode is above and beyond to show the
significance of the capacity of data for destroying mal-rehearses. With
such countless outrages arising out of time to time, it becomes crucial for
the administration of public asset what's more, endurance of a majority
rules government.
MKSS coordinated a Jan Sunwai (People's hearing), the very first
throughout the entire existence of Rajasthan.Government officials,
overseers, landless workers,' private project workers were completely
welcomed to tune in, answer and, if willing, to safeguard themselves.
Famous reaction was extraordinary, in any case, town authorities and
legislators remained
Between December 1994 and April 1995, a few other formal reviews were
coordinated. Individuals' outrage made one designer of the State
Electricity Board to return in open a measure of 15,000 he had separated
from a poor rancher.
This notable development prompted the interest for the institution of a
regulation perceiving the right to data. It just supplemented what the
courts were saying for a really long time, that right to data was a basic
piece of the Fundamental Right of Freedom of Speech and Expression
(Art. 19 (1) (a)) and Right to Life and Individual Liberty (Art. 21).
Job of the Judiciary
The Supreme Court of India has, in a few milestone choices, deciphered
this expansive assurance of free discourse to incorporate the right to data
too. In Bennet Coleman and Co v. Association of India (1973), a main
paper distributer tested the public authority's approach of confining the
accessibility of newsprint. In its choice, inclining toward the candidate,
that's what the Supreme Court announced "the right to speak freely of
discourse incorporates inside its compass the right, everything being
equal, to peruse and be educated". In State of UP v. Raj Narain (1975), a
case wherein the respondent had requested data connecting with the
security costs of the then Prime Minister, Indira Gandhi, the Court stressed
the significance of the public's more right than wrong to be aware as a
hindrance to mistreatment and debasement. The lawful premise of the
right to data was reinforced further during the 1980's by a progression of
new cases. In S. P. Gupta v. Association of India (1982), That's what the
Court proclaimed "revelations of data concerning the working of
Government should be the standard, and mystery a special case defended
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just where the strictest necessity of public interests so requests." In 1992 in Contemporary Issues
in Indian Administration
a writ request including Manubhai Shah, a prominent buyer dissident, and
the Life Protection Corporation of India, the court decided that no
authority mechanism of data could communicate one bunch of
perspectives without additionally accommodating the articulation of
elective perspectives, along these lines augmenting the scope of
conclusions introduced to people in general.
Later Developments
Social developments in Rajasthan and different States prompted the
arrangement of the Public Campaign for People's Right to Information
(NCPRI), in 1996. The second stage in the development of RTI
development began in 1996, with the plan of a draft RTI bill, initiated by
the NCPRI, and its resulting handling the public authority and the
Parliament. Different State RTI regulations were passed during this
period, remembering for Tamil Nadu, Delhi, Maharashtra, Karnataka,
Assam, Madhya Pradesh, and Goa. At long last, the public Freedom of
Data Act was passed in 2002. Notwithstanding, this Act was not told, and
the recently chose government (after the General Elections in 2004), got
the Right to Data Act passed in Parliament in 2005. As we saw before, this
is additionally the laws period that sees countless nations across the world
order straightforwardness.
The third stage, from the finish of 2005 to the present, has been essentially
zeroed in on the combination of the Act and on pushing for its appropriate
execution.
I) It characterizes "Public Authority" as laid out, comprised or claimed
or significantly supported by reserves gave straightforwardly or in a
roundabout way or controlled.
a) by the Central Government, the Central Government;
b) by the State Government, the State Government.
ii) It will apply to "Public Authorities" and that implies any power or
body or then again Institution of self-government laid out or
comprised by or under the Constitution; by any regulation made by
the fitting Government or, any other body possessed, controlled or
considerably funded straightforwardly or by implication by the
fitting Government, and incorporates non-government associations,
significantly supported by the Government.
iii) The ambit covers the two Houses of Parliament, State Legislature,
the Court/High Preeminent their authoritative workplaces,
Constitutional Authorities like Election Commission, Specialist and
Auditor General, Union Public Service Commission and so on.
iv) Only homegrown and unfamiliar private bodies working inside the
nation have been avoided from the domain of the Act.
v) All residents will reserve the option to data, dependent upon the
arrangements of the Act.
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Indian Administration vi) It projects a commitment on Public Authorities to concede
admittance to data and to distribute specific classifications of data
inside 120 days of the establishment. The obligation about suo-motu
(all alone) exposure/distribution by open specialists has been
significantly expanded.
vii) The Act sets out the apparatus for the award of admittance to data.
The Public Authorities are expected to assign Public Information
Officials (PIO) and Assistant Public Information Officers (APIO)
inside 100 days of the institution.
viii) The PIO's liability is to manage demands for data put together by
residents and furthermore to help people looking for data.
ix) Provision has been made for move of a solicitation by a public
power to another public authority wherein the topic/data is held by
the last option.
x) A period cutoff of 30 days has been recommended for consistence
with demands for data under the Act, which, can be stretched out to
40 days where outsider interests are involved.
xi) Fee for it is sensible to look for data. Likewise, no expense is
charged from people who are beneath neediness line. Further, data
should be given for nothing where the reaction time-limit isn't stuck
to.
xii) Certain classes of data have been absolved from divulgence under
areas 8 and 9 of the Act. The classes, via outline include: data prone
to influence security of the State, key, logical or monetary interests
of the State, location and examination of offenses, public request,
lead of global relations and Cabinet papers. Exchange or business
insider facts, data the revelation of which would cause break of
honor of Parliament or State Legislature and faculty data which has
no relationship with public movement and could cause ridiculous
attack of the security of any individual, are too absolved from
revelation.
xiii) However, exceptions gave are not outright and keeping of data
should be adjusted against divulgence in the public interest. Data to
be delivered regardless of whether mischief is displayed to the
public power ifthe public advantage in realizing the data offsets the
mischief that might be brought about by revelation.
xiv) Subject to special cases, the Act contains an arrangement that data,
which is generally absolved from revelation under segment 8, can be
uncovered on consummation of 20 years after the fruition of the
occasion.
xv) It conceives formation of autonomous non-legal apparatus, viz.,
Focal Information Commission and State Information Commissions
what's more, Information involving a Chief Information
Commissioner Chiefs.
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xvi) Thus, the Act gives a two-level Appellate Forum. First allure is to be Contemporary Issues
in Indian Administration
made to departmental official senior to the Public Information
Officer. The second allure is to be made to State or Central
Commission.
xvii) On a solicitation for data being denied, the candidate can incline
toward an appeal to the endorsed authority in the span of 30 days of
the choice; the time for removal of allure being additionally 30 days
extendable to 45 days.
xviii) Intelligence and security offices determined in Schedule-II to the
Act have been absolved from being covered inside the ambit of the
Act. In any case, the exclusion isn't outright; organizations will have
the commitment to give data in issues connecting with debasement
and basic freedoms of infringement.
xix) The arrangements of the proposed Act have been made abrogating in
character, so the plan isn't undermined through the activity of other
minor Acts.
xx) Monitoring and revealing Act makes an arrangement to deliver
insights to evaluate its execution with the goal that enhancements
could be affected.
xxi) Central Information Commission and State Information
Commissions screen the execution of the Act and set up an Annual
Report to be laid before Parliament/State Legislature.
6. BENEFITS/ADVANTAGES OF RTI ACT
i) It makes organization more responsible to individuals,
ii) ii) It diminishes the hole among organization and individuals.
iii) It pursues individuals mindful of regulatory choice making.
iv) It works with better conveyance of labour and products to
individuals by government employees.
v) It works with astute and productive analysis of organization.
vi) It builds individuals' investment in organization.
vii) It advances public interest by beating assertion down in authoritative
independent direction.
viii) It maintains the majority rule philosophy by advancing transparency
and straightforwardness in organization.
ix) It decreases the extension for debasement in administration.
x) It makes organization more receptive to the necessities of
individuals.

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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.).

e) Inadequate prepared PIOs and First Appellate Authorities:


Very huge number of PIOs have not gotten preparing with respect to

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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.

4.6 CITIZEN’S CHARTER

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;
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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):

• Set guidelines of administration

• Be open and give full data

• Counsel and include

• Energize access and the advancement of decision

• Treat all reasonably

• Put things right when they turn out badly

• Use assets really

• Enhance and get to the next level

• Work with different suppliers.


The Citizens' Charter is by and large not lawfully enforceable and, along
these lines, is non-justifiable. Be that as it may, it is an instrument for
working with the conveyance of administrations to residents with
determined guidelines, quality and time span and so forth with
responsibilities from the association and its clients.
It has been perceived world over that great administration is fundamental
for supportable turn of events, both financial and social. The three
fundamental viewpoints underscored in great administration are
straightforwardness, responsibility and responsiveness of the organization.
"Residents' Charters" drive is a reaction to the journey for tackling the
issues which a resident experience, day in the day out, while managing the
associations offering public types of assistance.
Rise of the Concept
The idea of Citizens' Charter cherishes the trust between the assistance
supplier and its clients. The idea was first expressed and executed in the
Joined Kingdom by the Conservative Government of John Major in 1991
as a public program with a basic point: to persistently work on the nature
of public administrations for individuals of the nation with the goal that
these administrations answer the needs and wishes of the clients. The
program was re-sent off in 1998 by the Work Government of Tony Blair
which rechristened it Services First.
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The critical parts of the sanction are the necessities that public offices Contemporary Issues
in Indian Administration
distribute responsibilities to norms of administration, that there be free
observing and distribution of norms accomplished, and that component be
laid out through which the 'client' can accomplish fulfilment when
guidelines are not met. It included different types of remuneration and
option game plans for administration arrangement where organizations
don't satisfy their guarantees.
THE INTERNATIONAL SCENARIO
The UK's Citizens' Charter drive stirred impressive interest around the
world and a few nations carried out comparative projects for example
Australia (Administration Charter, 1997), Belguim (Public Service Users'
Charter 1992), Canada (Administration Standards Initiative, 1995),
France (Service Charter, 1992), India (Residents' Charter, 1997), Jamaica
(Citizens' Charter 1994), Malaysia (Client Sanction, 1993), Portugal (The
Quality Charter in Public Services, 1993), and Spain (The Quality
Observatory, 1992) (OECD, 1996).
A portion of these drives are basically the same as the UK model, while
others outline new ground by inclining toward the assistance quality
worldview of the Total Quality The executives (TQM) development.
Different drives are contributed some place between. Indeed, even in the
UK, with regards to the Next Steps/Modernizing Government Initiatives,
Citizens' Charters have gained a help quality face for conveyance of public
administrations. The quality devices and embraced for working on open
administrations incorporate the Business Excellence Model, Investors in
People, Charter Mark, ISO 9000 and Best Value (Government of UK,
1999).
The Treasury Board of Canada, Secretariat began a Service Standard
Drive in 1995 which followed the Citizens' Charters of the United Realm,
however broadened the extension significantly. This Service Standard
Initiative in Canada was begun against the background of resident
assumptions connecting with amicable, aware and obliging help; quicker
reaction times; expanded hours at government workplaces; and "one-quit
shopping". Simultaneously there was a need to decrease the deficiency and
offer some benefit for cash through more proficient use, of assets
(Treasury Board of Canada, 1995).
A correlation of these four significant Citizens' Charter drives shows that
the administration quality methodology is implanted in them in various
degrees. Once a choice is taken to unveil administrations resident driven,
the client focal point of the Total Quality Management (TQM) assortment
can't be a long way behind. The, as a matter-of-fact Residents' Charter
approach shares a few things practically speaking with TQM. Both start by
zeroing in on gathering client/resident necessities. Other key normal
components are conformance to norms, partner association and ceaseless
improvement.
the Indian scene
Residents have become more understandable and expect the organization
not just to answer their requests yet in addition to expect them. It was in
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Indian Administration this environment that beginning around 1996 an agreement had developed
in the Government on powerful also, responsive organization. A meeting
of Chief Secretaries was coordinated in 1996 to create "A plan for an
Effective and Responsive Administration" to make the public
administrations more effective, perfect, straightforward, responsible and
resident cordial. The gathering suggested that responsibility ought to be
deciphered from a bigger perspective according to public fulfilment and
responsive conveyance of administrations, and a staged presentation of
Citizens' Charter for as a large number administration establishments as
could really be expected. In a Conference of Chief Ministers of different
States and Union Territories hung on 24 May, 1997 in New Delhi,
managed by the Prime Minister of India, an "Activity Plan for Effective
and Responsive Government at the centre and State levels was taken on.
One of the major choices at that Conference were that the Central and
State Governments would plan Citizens' Charters, beginning with those
areas that have a huge public interface (for example Rail lines, Telecom,
posts, Public Distribution Systems). These Sanctions were expected to
incorporate norms of administration and time restricts that the public can
sensibly expect, roads of complaint change and an arrangement for free
examination with the association of resident and buyer gatherings. The
three main areas of Action Plan that were discussed in the Conference of
Chief Ministers on May 24, 1997 were
i) Making administration accountable and citizen-friendly,
ii) Ensuring transparency and right to information, and
iii) Taking measures to cleanse and motivate civil services.
Department of Administrative Reforms and Public Grievances in
Government of India (DARPG) initiated the task of coordinating,
formulating an operationalising Citizens' Charters. Guidelines for
formulating the Charters as well as a list of do's and don'ts were
communicated to various government departments/organisations to enable
them to bring out focused and effective Charters. For the formulation of
charters, the government agencies at the Centre and State levels were
advised to constitute a task force with representation from users, senior
management and the cutting-edge staff. A Handbook on Citizens' Charter
has been developed by the Department and sent to all the State
Governments/UT Administrations.
The State Governments and the Ministries/Departments at the Centre are
all involved, in some manner or the other, in providing public services.
Government of India has directed them and other agencies with public
interface to formulate a citizens' Charter, lay down time-limits and
standards for services, avenues of grievance redressal and put in place
monitoring systems and independent scrutiny to ensure implementation of
the Charter.
The Charters are expected to incorporate the following elements: (i)
Vision and Mission Statement: (ii) Details of business transacted by the
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86 organisation; (iii) Details of clients; (iv) Details of services provided to
each client group; (v) Details of grievance redress mechanism and how to Contemporary Issues
in Indian Administration
access it; and (vi) Expectations from the clients.
Department of Administrative Reforms and Public Grievances in Ministry
of Personnel, Public Grievances and Pensions, Government of India, in its
efforts to provide more responsive and citizen-friendly governance,
coordinates the efforts to formulate and operationalise Citizens' Charters
in Central Government, State Governments and UT Administrations. It
provides guidelines for formulation and implementation of the Charters as
well as their evaluation.
Primarily an adaptation of the UK model, the Indian Citizens' Charter has
an additional component of 'expectations from the clients' or in other
words' obligations of the users'. Involvement of consumer organisations,
citizen groups, and other stakeholders in the formulation of the Citizens'
Charter is emphasised to ensure that the Citizens' Charter meets the needs
of the users. Regular monitoring, review and evaluation of the Charters,
both internally and through external agencies, are enjoined. Till April,
2006, 111 Citizens' Charters had been formulated by the Central
Government Ministries/Departments/Organisations and 668 Charters by
various agencies of State Governments and Administrations of Union
Territories. Most of the national Charters are posted on the Government's
websites and are open to public scrutiny. The organisations with Citizens'
Charters are advised to give publicity to their Charters through such means
as print/electronic media and awareness campaigns.
Assessment of Citizens' Charters
An assessment of the Citizens' Charters of different government
organizations was completed by DARPG and Consumer Coordination
Council, New Delhi, a NGO, in October 1998.
During the Year 2002-03, DARPG connected with an expert organization
to create a normalized model for interior and outer assessment of Citizens'
Charters in a more successful, quantifiable and objective way. This office
likewise did assessment of execution of Charters in 5 Central Government
Organizations what's more, 15 Departments/Organizations of States of
Andhra Pradesh, Maharashtra what's more, Uttar Pradesh. This Agency
was likewise expected to propose techniques for expanding mindfulness,
both inside the association and among the clients, and to recommend
potential techniques for direction of the board and the staff in the
assignment of figuring out and conveying Charters.
According to the report of assessment did by the organization, significant
discoveries were :
i) In greater part of cases Charters were not formed through a
consultative process;
ii) By and huge specialist co-ops are inexperienced with the way of
thinking, objectives furthermore, fundamental highlights of the
Charter;
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Indian Administration iii) Adequate exposure to the Charters had not been given in any of the
Divisions assessed. In many Departments, the Charters are just in
the underlying or centre phase of execution;
iv) No assets have been explicitly reserved for mindfulness age or
Residents' Charter or for direction of staff on different parts of the
Contract.

4.7 CHALLENGES IN IMPLEMENTING THE


CHARTERS

Presentation and execution of the idea of Citizens' Charter in the


Legislature of India was substantially more troublesome because of the old
regulatory arrangement/strategies and the unbending mentalities of the
work force. The significant deterrents experienced in this drive were:
1. The overall view of associations which formed Citizens' Charters
was that the activity was to be completed on the grounds that there
was a course from the top. The conference interaction was negligible
or generally missing. It accordingly became one of the standard
exercises of the association and had no concentration.
2. For any Charter to succeed the representatives answerable for its
execution ought to have legitimate preparation and direction, as
responsibilities of the Charter can't be anticipated to be conveyed by
a labor force that knows nothing about the soul furthermore,
satisfied of the Charter. Notwithstanding, generally speaking, the
concerned staff were not enough prepared and sharpened.
3. Once in a while, moves and reshuffles of concerned officials at the
pivotal phases of detailing/execution of a Citizens' Charter in an
association seriously sabotaged the essential cycles which were set
up and hampered the advancement of the drive.
4. Mindfulness missions to teach clients about the Charter were not
directed deliberately.
5. At times, the guidelines
6. Time standards of administrations referenced in Citizens' Charter
were either excessively careless or excessively close and were,
subsequently, unreasonable and made a horrible impression on the
clients of the Charter.
7. The idea driving the Citizens' Charter was not as expected
comprehended.
Data leaflets exposure materials, flyers delivered prior by the
associations were confused with Citizens' Charters.

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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

1. Write a note on Objectives of Citizen's Charter


2. Write about problems faced in implementation of citizen's charter.
3. Write about Citizen's charter in Indian context.
4. Write about Citizen's charter in international context.
5. Write about any two incidents of implementation of Citizen's
charter.
6. Which job do NGOs play being developed?
7. How do NGOs help the Government?
8. What is RTI'? How could it be valuable?
9. How might RTI. guarantee responsibility in administration?

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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.

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