1

BHARAHTHIDASAN UNIVERSITY
PALKALAIPERUR, TIRUCHIRAPPALLI - 620024
CENTRE FOR DISTANCE EDUCATION

MA POLITICAL SCIENCE
PAPER IX:
INDIAN ADMINISTRATION

Author:
Dr.A.Joseph, MBA, M.A. M.Phil., Ph.D.(JNU)
Department of Political Science
Assistant Professor
Government Arts College, Trichy -22
[email protected]
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MA POLITICAL SCIENCE
PAPER IX
INDIAN ADMINISTRATION
SYLLABUS
UNIT I

Evolution of Indian Administration: kautilya’s Arthashastra – Mughal Administration-

British Legacies over Indian Administration – Administrative Development after
Independence.

UNIT II

Features of Indian administration- Constitutional Framework – Feature of Federalism –

Parliamentary Democracy.

UNIT III

President – Prime Minister- Prime Minister’s Office – Council of Ministers – Cabinet

Secretariat – Central Secretariat.

UNIT IV

Governor – Chief Minister – State Secretariat – Centre-State Administrative Relations.

UNIT V

District Collector – DRDA – Changing Role of the District Collector – District Revenue
Officer – Revenue Divisional Officer – Tahsildar – Village Administrative Officer.

Reference Books

Avasthi & Avasthi, Public Administration, Lakshmi Narayan Agarwal , Agra, 2012.

Lakshmikanth, M. Public Administration, Tata McGraw Hill, Newdelhi, 2011.

Puri, K.R., Indian Administration, Jawahar Book Publishing House, New Delhi, 2005.

Mohit Bhatacharya and Bidut chakraborti, Public Administration Reader, Oxford

University Press, New Delhi, 2005.

Saroj Kumar Jena, Fundamental of Public Administration, Anmol Publication, New Delhi,
2001.
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Ramesh K. Arora and Ranjini Goyal, Indian Public Administration, Vishwar Prakashar,
New Delhi, 2006.

Chandra, Satish. (Reprint 2008): Medieval India: From Sultanateto the Mughals, Delhi
Sultanate (1206-1526) Part one. New Delhi, India: Har-Anand Publications Pvt. Ltd.

Majumdar, RC., Raychaudhuri, HC. and Datta, K. (2007). An Advanced History of India.
Delhi, India: Macmillan.

Prasad, Ishwari. (1965). A Short History of Muslim Rule in India. Allahabad, India, The
Indian Press.

Maiti, Provatansu and KumarSaha, Prabhat. (2000). Medieval India (1206 A.D.- 1707
A.D.). Calcutta, India: Sreedhar Publishers.

Chandra, Satish. (Reprint 2008). Medieval India: From Sultanate to the

Mughals,DelhiSultanate (1206-1526)Part one. NewDelhi, India: Har-Anand Publications
Pvt. Ltd

Prasad, Ishwari. (1965). A Short History of Muslim Rule in India. Allahabad, India: The
Indian Press Ltd. (2nd Edition)

Richards, John F. (1996). The Mughal Empire. Cambridge, UK: Cambridge, University
Press.

K.N.V. Sastri, Principles of District Administration in India, Metropolitan Book Co. Pvt.
Ltd., Delhi, 1957

David C. Potter, Government in Rural India : An Introduction to Contemporary District

Administration, G.Bell and Sons Ltd., London, 1964

Government of Bombay, Report of the (Bombay) District Revenue Officers, Bombay,

1949

Parmatma Sharan, Public Administration in India, Meenakashi Publications, Meerut,

1978

S.S. Khera, District Administration in India, Asia Publishing House, Bombay, 1964
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M. Zaheer, and Gupta Jagdeo, Organisation of the Government of Uttar Pradesh: A

Study of State Administration, S. Chand and Co., New Delhi, 1970.

Contents

Lesson Topic Page

UNIT I
1 Evolution of Indian Administration: Kautilya’s 7
Arthashastra (Mauryan Empire)
2 Sangam Age, Gupta and Sher Sha 18
Administrations
3 Mughal Administration 30
4 British Legacies over Administration 43
5 Administrative Development after Independence 66
6 Public Administration and Constitution 71
UNIT II
7 Features of Indian Administration 82
8 Constitutional Framework 86
9 Features of Federalism 96
10 Parliamentary Democracy 100
UNIT III
1 President 104
12 Prime Minister 118
13 Prime Minister’s Office 122
14 Council of Ministers 127
15 Cabinet Secretariat 131
16 Central Secretariat 145
UNIT IV
17 Governor 158
18 Chief Minister 165
19 State Secretariat 169
20 Centre-State Administrative Relations 189
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UNIT V
21 District Collector 197
22 District Rural Development Agency 202
23 Changing Role of the District Collector 212
24 District Revenue Officer 222
25 Revenue Divisional Officer 225
26 Tahsildar-Village Administrative Officer 227
By Dr. A. Joseph, Assistant Professor, Dept
of Political Science, Government Arts
College, Trichy-22

Unit – I
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Lesson 1

Evolution of Indian Administration

The shape of Indian administration as it exists today is not just the result of
administration law enacted by the British Parliament during the British rule or by the
Parliament of free India since independence. Its roots go deep in the administrative
history of the country from the ancient times.

For it is not merely the outward form of administrative behavior of the citizens of a
state that matters in the enactment and enforcement of law but also the thinking and
attitude of the masses of people and numerous communities which have evolved under
the impact of social, economic, religious, tribal and political events in various times and
climes.

The real foundation of Indian administration was not only laid during the Mauryan
period of Indian history but it has been laid from the Indus valley civilization. However,
Mauryan administration has lot of citations. Mauryan Administration Chandragupta, the
foundation of the Mauryan Empire was not only a great warrior, but also an able
administrator. He set up a sound and efficient system of administration in his vast
empire. He was assisted by the great diplomat and politician Kautilya (also known as
Chanakya) in the task of organizing his administration. His system of government was
virtually based on the principles laid down in the Arthashastra written by Chanakya.
The Arthashastra is our main literary source of information regarding Chandragupta’s
administration. The account of the Greek ambassador Magasthenes note in his Indica is
another important source of information

As it is said earlier, Indian administration can be traced to the Indus Valley Civilization
which is about 5000 years old that forms the basis of our civilization and culture. In the
ancient period we know of the Magadha, Mauryan, and the Gupta Ages. Kautilya‘s
Arthashastra, a political treatise on ancient Indian political institutions, written
sometime from 321 to 296 B.C., examines statecraft, gives an account of State
administration. Before learning Mauryan administration, we will first see the Magadha
empire administration.
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The Magadha Administration

Political activity in the 6th–5th century BCE centred on the control of the Ganges valley
by Magadha king, Bimbisara (543BC–491 BC).

Bimbisara’s son Ajatashatru strengthened the defenses of the Magadhan

capital, Rajagrha, and built a small fort on the Ganges at Pataligrama, which was to
become the famous capital Pataliputra (modern Patna).

Magadha administration had an excellent geographic location controlling the lower

Ganges and thus drew revenue from both the fertile plain and the river trade. Access to
the delta also brought in lucrative profits from the eastern coastal trade. Neighbouring
forests provided timber for building and elephants for the army. Above all, nearby rich
deposits of iron ore gave Magadha a lead in technology.

Bimbisara had been one of the earliest Indian kings to emphasize efficient
administration, and the beginnings of an administrative system took
root. Rudimentary notions of land revenue developed. Each village had a headman who
was responsible for collecting taxes and another set of officials who supervised the
collection and conveyed the revenue to the royal treasury.

The Mauryan Empire: Administration

Most valuable to historians was a reference to Alexander’s meeting the young prince
Sandrocottos, a name identified in the 18th century as Chandragupta, which provides a
chronological landmark in early Indian history.

The accession of Chandragupta Maurya (reigned c. 321–297 BCE) is significant in Indian

history because it inaugurated what was to become the first pan-Indian empire.
The Mauryan dynasty ruled almost the entire subcontinent (except the area south of
present-day Karnataka), as well as substantial parts of present-day Afghanistan.

The Greek historian Megasthenes, left his observations in the form of a book,
the Indica. Although the original has been lost, extensive quotations from it survive in
the works of the later Greek writers Strabo, Diodorus, and Arrian. A
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major treatise on political economy in Sanskrit is the Artha-shastra of Kautilya (or

Canakya, as he is sometimes called). Kautilya, it is believed, was prime minister to
Chandragupta, although this view has been contested. In describing an ideal
government, Kautilya indicates contemporary assumptions of political and economic
theory, and the description of the functioning of government occasionally tallies with
present-day knowledge of actual conditions derived from other sources. The date of
origin of the Artha-shastra remains problematic, with suggested dates ranging from the
4th century BCE to the 3rd century CE. Most authorities agree that the kernel of the
book was originally written during the early Mauryan period but that much of the
existing text is post-Mauryan.

Financial administration in Mauryan Empire

The Mauryan achievement lay in the ability to weld the diverse parts of the
subcontinent into a single political unit and to maintain an imperial system for almost
100 years. The financial base for an imperial system was provided by income from land
revenue and, to a lesser extent, from trade. The gradual expansion of the agrarian
economy and improvements in the administrative machinery for collecting revenue
increased the income from land revenue. This is confirmed by both the theories
of Kautilya and the account of Megasthenes; Kautilya maintained that the state should
organize the clearing of wasteland and settle it with villages of Sudra cultivators. It is
likely that some 150,000 persons deported from Kalinga by Ashoka after the campaign
were settled in this manner.

The nature of land revenue has been a subject of controversy. Some scholars maintain
that the state was the sole owner of the land, while others contend that there was
private and individual ownership as well. References to private ownership would seem
to be too frequent to be ignored. There also are references to the crown lands, the
cultivation of which was important to the economy. Two types of taxes were levied—
one on the amount of land cultivated and the other on the produce of the land. The
state maintained irrigation in limited areas and in limited periods. By and large,
irrigation systems were privately controlled by cultivators and landowners. There is no
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support for a thesis that control of the hydraulic machinery was crucial to the political
control of the country.

Another source of income, which acquired increasing importance, was revenue from
taxes levied on both internal and foreign trade. The attempt at improved political
administration helped to break the economic isolation of various regions. Roads built to
ensure quick communication with the local administration inevitably became arteries of
exchange and trade.

Social Administration
According to Megasthenes, Mauryan society comprised seven occupational groups:
philosophers, farmers, soldiers, herdsmen, artisans, magistrates, and councillors. He
defined these groups as endogamous and the professions as hereditary, which has led
to their being considered as castes. The philosophers included a variety of priests,
monks, and religious teachers; they formed the smallest group but were the most
respected, were exempt from taxation, and were the only ones permitted to marry into
the other groups. The farmers were the largest group. The soldiers were highly paid,
and, if Pliny’s figures for the army are correct—9,000 elephants, 30,000 cavalry, and
600,000 infantry—their support must have required a considerable financial outlay. The
mention of herdsmen as a socioeconomic group suggests that, although the agrarian
economy was expanding and had become central to the state income, pastoralism
continued to play an important economic role. The artisans probably represented a
major section of the urban population. The listing of magistrates and councillors as
distinct groups is evidence of a large and recognizable administrative personnel.

Personnel administration
It has been argued that the Mauryan bureaucracy at the higher levels tended to be
oppressive. This may have been true during the reigns of the first two emperors, from
which the evidence is cited, but oppression is unlikely to have occurred during Ashoka’s
reign, because he was responsible for a considerable decentralization at the upper
levels and for continual checks and inspections. A more fundamental weakness lay in
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the process of recruitment, which was probably arbitrary, with the hierarchy of officials
locally recruited.

Administrative Structure
The Mauryan government was organized around the king. Ashoka saw his role as
essentially paternal: “All men are my children.” He was anxious to be in constant touch
with public opinion, and to this end he traveled extensively throughout his empire and
appointed a special category of officers to gauge public opinion. His edicts indicate
frequent consultations with his ministers, the ministerial council being a largely
advisory body. The offices of the sannidhatri (treasurer), who kept the account, and
the samahartri (chief collector), who was responsible for revenue records, formed the
hub of the revenue administration. Each administrative department, with its
superintendents and subordinate officials, acted as a link between local administration
and the central government. Kautilya believed that a quarter of the total income should
be reserved for the salaries of the officers. That the higher officials expected to be
handsomely paid is clear from the salaries suggested by Kautilya and from the
considerable difference between the salary of a clerk (500 panas) and that of a minister
(48,000 panas). Public works and grants absorbed another large percentage of state
income.

The empire was divided into four provinces, each under a prince or a governor. From
Ashokan Edicts, the name of the four provincial capitals were Tosali (in the east), Ujjain
in the west, Suvarnagiri (in the south), and Taxila (in the north). At the centre of the
structure was the king who had the power to enact laws. Kautilya advises the King to
promulgate dharma when the social order baysed on the Varnas and Ashramas (stages
in life) perishes.

Local officials were probably selected from among the local populace, because no
method of impersonal recruitment to administrative office is mentioned. Once every
five years, the emperor sent officers to audit the provincial administrations. Some
categories of officers in the rural areas, such as the rajjukas (surveyors), combined
judicial functions with assessment duties. Fines constituted the most common form of
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punishment, although capital punishment was imposed in extreme cases. Provinces

were subdivided into districts and these again into smaller units.

The village was the basic unit of administration and has remained so throughout the
centuries. The headman continued to be an important official, as did the accountant
and the tax collector (sthanika and gopa, respectively). For the larger units, Kautilya
suggests the maintenance of a census. Megasthenes describes a committee of 30
officials, divided into six subcommittees, who looked after the administration
of Pataliputra. The most important single official was the city superintendent
(nagaraka), who had virtual control over all aspects of city administration.
Centralization of the government should not be taken to imply a uniform level of
development throughout the empire. Some areas, such as Magadha, Gandhara,
and Avanti, were under closer central control than others, such as Karnataka, where
possibly the Mauryan system’s main concern was to extract resources without
embedding itself in the region.

According to Megasthenese, the empire exercised a military of 600,000 infantry,

30,000 cavalry, and 9,000 war elephants. For the purpose of internal and external
security, there was a vast espionage system was there to keep a watch on the officials
and messengers went to and fro. Kings appointed officials to collect taxes from herders,
farmers, traders and craftsmen etc.
The king was the centre of administrative superstructure and king used to select
ministers and high officials. Administrative structure was as follows:

King assisted by Mantriparishad (council of ministers) whose members included

Mantriparishad Adhyaksha and below him was as following:

Yuvaraj: The crown prince

Purohita: The chief priest
The Senapati: The commander in chief
Amatya: Civil servants and few other ministers.
Scholars suggest that Mauryan Empire was further divided into various departments
with important officials:
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Revenue department:- Important officials: Sannidhata: Chief treasury, Samaharta:

collector general of revenue.
Military department: Megasthenese mentions a committee with six subcommittees
for coordinating military activity of these, one looked after the navy, the second
managed transport and provisions, and the third was responsible for foot-soldiers, the
fourth for horses, the fifth for chariots and the sixth for elephants.
Espionage Department: Mahamatyapasarpa controlled Gudhapurushas (secret
agents)
Police department: The jail was known as Bandhangara and it was different from
lock-up called Charaka. There were police head quarters in all principal centres.
Provinicial and Local Administration: important officials: Pradeshika: modern
district magistrates, Sthanika: tax collecting officer under Pradeshika, Durgapala:
governor of fort, Antapala: Governor of frontier, Akshapatala: Accountant general,
Lipikaras: Scribes, Gopas: responsible for accountants etc.

Municipal Administration: Important officials: Nagaraka: incharge of city

administration, Sita- Adhyaksha: Supervisor of agriculture, samastha-Adhyaksha:
superintendent of market, Navadhyaksha: Superintendent of ships, Sulkaadhyaksha:
Collector of tolls, Lohadhyaksha: Superintendent of Iron, Akaradhyaksha:
Superintendent of mines and Pauthavadhyaksha: Superintendent of weight and
measures etc.

Megasthenes referred for six committees of which five were to look after Pataliputra’s
administration. Industries, Foreigners, Registration of birth and deaths, Trade,
Manufacture and sale of goods and Collection of sales tax were under the control of
administration.

Administration of Chandragupta II

We learn about the administration of Chandragupta II from the account of the Chinese
Piligrim Fahien who came to India during his reign. The administration under
chandragupta II was highly organised and was far more liberal than in the Mauryan
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times. The taxes were light, the people were law-abiding and the criminal law was very
mild. Ordinarily, a fine was regarded a sufficient punishment. Capital punishment was
not imposed on any criminal and he most serious crimes of rebellion and reason were
punished with the amputation of the right hand of the criminal. The government did not
interfere in the activities of the people. Even foreigners were free to travel throughout
the country without permits and passports. Fahien says, ‘the people have not to get
themselves or their households registered with any magistrate. If they want to go they
go; if they want to stay on, they stay’. The roads were safe and Fahien never felt
unsafe during his travels throughout India for about nine years. The most interesting
fact about the ideal administration of chandragupta II is that there was no spy system.

For purposes of administration, the empire was divided into many provinces. The
governors of the provinces were more independent than they had been in the Mauryan
times. The provinces were divided into districts. The people were given due share in
government. There were district councils to advise the government officers in
administrative matters. Theses councils consisted of the government officials and of
elected members of the people. The lowest administrative unit was the Grama or
village. It was administered by a headman and the village assembly or Panchayat. Thus
there was a democratic set-up in the Gupta administration. Land revenue was the main
source of income of the state and was normally one-sixth of the produce of the land.
Ever since the fall of the Mauryas. India had been disunited.
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Lesson 2
The Sangam Age Administration (300BC-300AD)
Administration during the Sangam Age 6.1. Central Administration The king was the
very centre and embodiment of administration. He was called Ko, Mannan, Vendan,
Korravan or Iraivan. Though hereditary monarchy was the prevailing form of
government, disputed successions and civil wars were not unknown. The ideal of the
‘conquering king’ was accepted and acted on. The King’s birthday (Perunal) was
celebrated every year.

In the central administrative machinery the king was the fountain head. He was
assisted by a large body of officials, who were divided into five assemblies
(Aimperumkulu) namely:

 Amaichchar (Minister),

 Purohitar (Priest),

 Senapatiyar (Army Chief),

 Dutar (Envoy) and

 Orrar (Spies).

 Amaichcher The amaichcher or minister was a very important official looked after the
various administrative unit of the state. The king employed many ministers and their
duties were advisory. They were present in the court and advised the king in matters
on which they were consulted. Thiruvalluvar in his Thirukkural calls the ministers as
Amaichchar and Ulai Irundar. Kadiyalur Uruthiram Kannanar calls them as Amaichchar
and Sutram. The post-Sangam works Silappathikaram and Thirukkural make reference
to ministers of various administrative units. The ministers were famed because they
were strangers to falsehood. It was their nature to give good and wise advice to the
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kings. There was no definite commitment that the ministers should be selected from
any particular community.

Purohitar

The Purohitar of the king’s court were called Asan or Karuma Vinainan or Andanars. All
the rulers of the Sangam period had Purohitar in their court. The kings respected them
and seek their advice in the emergency situations. A Chola king who once so far forgot
himself to offend such a Purohitar promptly expressed his regret and the poet had the
good grace to appreciate the character of the prince.

Senapatiyar

The Senapatiyar or Senapati was important official, who controlled and administered
the army force of the state. Under his control the army like infantry, the cavalry, the
elephantry, and the chariotry actively participated in warfare for the safeguard of the
state. The Senapati who rallied the army around the banner and he continued the fight
under his leadership. The Senapatis were so brave that they did not care even if 11
arrows fell on them, even if the elephants attacked them. These brave army chief were
notable for a great quality and they were very courageous in the battlefield.

Dutar

The Dutar or Ambassadors were representatives of one king in the court of another
king. The chief qualification of an ideal Dutar were pleasing manners, coming of a high
family, kindness, expressiveness, a good and stately figure, a good and high standard
of education, ability to time his message without betraying fear or showing favour and
courage in the face of certain death. Dutu was a normal political activity; but they were
busy during the war time. Nachinarkkiniar says “the ministers, the priests, the
generals, the envoys, and the spies are the five great advisors” were busy in the
execution of the central administration. In Sangam literature there are evidences to
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Dutar and their activities. The most familiar instance of Dutar in the Sangam period is
Auvvai’s dutu to Adiyaman Neduman Anji. Purananuru gives many instances of
Kovurkilar’s attempts to subdue royal anger and bringing about reconciliation. It
appears that the Ambassadors were not permanently assigned to foreign courts with
regular routine of political activity but were chosen and employed only when and if the
need arose.

Orrar (otran)

The spies were employed by the king in large numbers. The spies of royal king were
called Orrar and espionage was called ‘vevu’ or ‘orru’. The slight distinction between
‘vevu’ and ‘orru’, the former is the report of the spies and while the later refers to the
act of espionage. Mostly the spies were employed during the war time. Not only during
war time but also during peace the spies were employed. Espionage was a permanent
institution in early Tamil society. The commentator Nachinarkkiniar notes that when
spies brought information from enemy ranks they were liberally rewarded. Some times
Dutar also employed as Orrar. It may be maintained that officially the Dutar were
considered superior to the Orrar and that while king looked upon Dutar as part of his
court he considered the Orrar as part of his personal guards and information service.

Administrative Division

During the Sangam age each kingdom was divided into different administrative units.
There divisions were mandalam, nadu, valanadu and ur. The entire kingdom was called
mandalam. There were major mandalams viz. the Chola mandalam, the Pandya
mandalam and the Chera mandalam, which indicates the geo-political divisions of the
Sangam dynasties. Nachinarkkiniar speaks of the four divisions of Tamil country the
Chera, Chola, Pandya and Tondai mandalams. Below the mandalam was a major
division was nadu (province). The administration of nadus was generally carried on by
hereditary chiefs. The ur was a village which variously described as a big village
(perur), a small village (sirrur) or an old village (mudur). Pattinam was the name for a
coastal town and Puhar was the harbour area. Kaverippumpattinam was generally
known simply as Pattinam, which was the most popular coastal town, involved in export
and import during the Chola period. There were many commercial as well as political
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centres mentioned in the Sangam texts, namely Puhar, Uraiyur, Korkai, Madurai, Musiri,
Vanji or Karur, and Kanchipuram. Among these we get detailed account of Puhar,
Madurai and Kanchipuram. It can be noted that the account of Madurai in
Maduraikkanchi and that of Puhar in Pattinappalai are all stereotyped and do not much
different from each other.

Village Administration

The village was the fundamental unit of administration. Generally the village managed
its own affairs. Generally the term ‘ur’ stands for village. The village affairs were
managed by manram, podiyil, ambalam and uravai. The manram (general assembly)
and podiyil and the ambalam seem to synonymous terms; and one understands that
the small village met there to transact local business. K.A.Nilakanta Sastri treats the
manram as a hall and the podiyil as a common place. The commentator says manram
the foot of the tree in the centre of the village for the people to come and sit down and
equates podiyil with ambalam. The word ambalam is meaning by a small building on a
slightly raised platform. The term ‘podiyil’ is derived from ‘podu’ and ‘il’, meaning
common place. Nachinarkkiniar explains podiyil also as a place where anybody could
worship. The podiyil was cleaned with cow-dung paste and captive women were made
to look after the maintenance. It was a village site, generally outside it usually under a
tree where people assembled to take rest, to chatter inconsequentially, to talk
responsible politics, to constitute the forum for village opinion for politico judicial
purposes. The foot of the Margosa tree supplied an ideal venue for the manram as it is
well known for its medicinal qualities. The village institutions of manram and podiyil
were concerned mainly with the arbitration of petty disputes arising in the villages.
They had more powers because there was no hierarchy of officials to whom appeals
could be made and necessarily village elders exercised ample powers. The village
elders were not selected or elected. The people chose themselves and as they were
aged, influential and perhaps rich the others rarely objected to it.

Revenue Administration
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In the Sangam age, various kinds of taxes were known and collected. Out of that
revenue, the king incurred his private and public expenditures. A number of officials
were appointed by the king to look after the revenue affaires. The king levied the
various taxes according to the customs. Unjust and unusual taxation, the demand for
forced gifts, etc. were not approved. Among the revenue of the state land revenue was
the chief source of income. The land tax was called irai or karai, but the share of the
agricultural produces, claimed and collected by the king, is not specified. The land tax
was paid in cash or kind. The ma and veli was the measure of land and kalam as
measure of grain. It was considered to be the legitimate share of the king. The water
charge was also levied from the farmers to whom water was supplied from the
reservoirs or canals for irrigation. Other important sources of income of the state were
tolls and customs duties, which were called as ulgu or sungam. The tolls and the
customs were levied at all the seaports. Mainly the tolls were collected on the trunk
roads and at the frontiers of the kingdom. The tributes paid by the vassal chiefs and
princes, the booty obtained during expeditions and the profits out of the forests,
fisheries, and elephants of the state also formed the income of the state. Booty
captured in wars was also a major income to the royal treasury. Roads and highways
were well maintained and guarded night and day to prevent robbery and smuggling. A
well-known unit of territory yielding tax was a variyam (vari meant tax) and an officer
in-charge of collecting the tax from that unit of land was called a Variyar. The
Pattinappalai refers to the custom officials employed in the seaport of Puhar.

Administration of Justice

The king was the repository of all secular power and was therefore the source of
justice. He meted out justice with the help of the ministers and Purohitars. It appears
that the courtyard of the palace where the king’s official court met, also served as a
court of justice. Complaints were heard and enquired into and cases were decided. The
Tamils of the Sangam age had most of the simple paraphernalia required to maintain a
judicial system. There was sense of justice and administration of justice during the
Sangam period. There was defined institution for the discharge of justice, which is
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known as arakkalam, the place of justice administration. The king’s court was called
avai, which was the highest court of justice. In the king’s court learned men were
assisted the king in judicial administration. The village court of justice was manram,
where the village level problems were settled by the elders of the society. A clear
division was made between civil and criminal cases. The criminal cases were decided
with the aid of witness. The procedure was simple and justice was accessible to the
entire population. The primitive system of trial by ordeal existed. Though it is not
appealing to modern reasoning, it was applied on the firm faith in supernatural help or
participation. The punishments were very severe. It was disciplinary in nature.
Exclusion and similar punishments were very common. Death penalty was given even
for theft. Imprisonments and fines were minor punishments. This system though cruel
in nature was effective in results. The threat of severe punishments is a standing
warning, where voluntary submission to law is paucity.

Gupta Empire administration (335 AD- 455 AD)

The decline of the Mauryan empire resulted in the rise of two major political powers –
the Kushanas and the Satavahanas in the north and south respectively. Both these
empires brought political unity and economic growth in their respective areas. The
Kushan reign in north India came to an end around 230 CE and then a good part of
central India came under the domain of the Murundas (possible kinsmen of the
Kushanas). The Murundas ruled for only 25 – 30 years. Around the last decade of the
3rd century CE (about 275 CE), the dynasty of the Guptas came to power. The Gupta
empire established its control over a good part of the former dominions of both the
Kushanas and the Satavahanas. The Guptas (possibly Vaishyas) kept northern India
politically united for more than a century (335 CE- 455 CE).

The administrative system during the Gupta dynasty was found more or less similar to
that of the Mauryan Empire. At the time of the Gupta rule, there was political harmony
in ancient India. During this period, the Empire was classified into administrative
divisions like Rajya, Rashtra, Desha, and Mandala. This denotes the importance being
given to administrative decentralization. The administrative divisions helped the rulers
 20

to systematically control their territories. The Gupta period in ancient India is

referred to as the “Golden Age” because of the numerous achievements in the
field of arts, literature, science and technology. It also brought about the political
unification of the subcontinent. There was consolidation of northern India under one
political umbrella, which ushered in an era of orderly growth and development.

Sher Shah’s Administration (1472 AD-1545)

Sher Shah was not only a successful general but also an able administration. In fact his
qualities as a ruler were more remarkable than his conquests. He introduced original
and wise changes in every branch of administration, during his brief reign of five years.
On his father’s collectors against collecting more than the fixed amount. He applied
these principles now in carrying out the administration of his empire.

Sher Shah divided his whole empire into forty-seven units called Sarkars, each of which
was again subdivided into several smaller units called Parganas. Each Pargana had one
Amin, one Shiqdar, one treasurer, one Hindi writer and one Perisan writer to keep
accounts. Each Sarkar was placed under two officers called the Shiqdar-I-shidaran and
the Munshif-I-Munsifan. They were entrusted with the duty of supervising the work of
the were Maqaddam, a Chaudhri, and a patwari. The Panchayats also played an
important part in the administration of the villages. Sher Shah devised the system of
transferring government officers after every two or three years in order to prevent
them from acquiring undue influence at one place.

Sher Shah introduced a number of reforms in the land revenue system. He had the
whole land surveyed and fixes one-fourth to one third of the produce as land revenue
which could be paid to the state in cash or kind. He asked his officers to be lenient to
the farmers at the time of the assessment of land revenue. He made it a point to see
that no hardship was caused to the farmers. In times of drought or any other unforseen
calamity, advances were liberally made to the suffers. Sher Shah’s land revenue
 21

system worked so efficiently that it was later adopted by Akbar and was continued
throughout the Mughal period. It was because of this system that Sher Shah is called
the ‘forerunner of Akbar’.

In order to establish peace and order in the country, Sher Shah paid special attention to
the administration of justice. He tried to give evenhanded justice to all whether high or
low. The rich could not escape punishment because of high birth and rank. He even
punished his near relatives and high officials if they tried to break the law or attempted
to harass the people.

The Chief Qazi was the head of the Judicial department. There was an Amin in every
Pargana and a Qazi in every districts to decided judicial cases. The king heard appeals
against the subordinate courts in his own court every Wednesday. Very severe
punishments were given to the criminal but to set an example for others. The
Muqaddam or the village headman was responsible for the crime in his village and if he
failed to trace the offender, he had to make good the loss. Intelligent spies were also
appointed who kept the king informed of all that happened in the empire. As a result of
these measures, life and property became safe under Sher Shah.

Sher shah knew the importance of a strong and efficient army and so he reorganised it.
He maintained a large army consisting of 1,50,000 cavalry, 25000 infantry, 300 war
elephants and an efficient artillery. In order to establish a direct connection with his
soldiers, he himself recruited them and fixed their salaries according to their qualities.
He introduced the practice of branding the horse and maintaining descriptive rolls of
the soldiers in order to avoid malpractice in the army. He treated his soldiers very
kindly, but did not let his kindness interfere with the maintenance of discipline and
efficiency in the army. He built many new forts while the old ones were also repaired
and strengthened. He kept a Fauj or garrison under the command of a Faujdar at each
of these forts. Most of Sher Shah’s soldiers were Afghans or Pathans but Hindus were
also given high positions in the army.

Sher Shah introduced currency and tariff(customs duties) reforms in order to improve
the general economic conditions of the empire. When he became king, coins issued by
previous kings were still in circulation, which caused a great deal of confusion. The
 22

exact rates between various coins were clearly specified. Sher Shah abolished the use
of the old coins, issued a large number of gold, silver and copper coins and fixed their
rates relative to each other. Most of the coins, introduced by Sher Shah, especially the
silver rupee continued to form the basis of Indian currency for a long time. For the
promotion of trade and commerce, various customs duties which were levied at many
places, were abolished. The merchants had not to pay customs duty only at two places,
one at the frontiers of the kingdom and the other at the place where goods were sold.
This basic principle in respect of the levy of customs duties is followed up to this day.

Sher Shah also brought about many reforms in the means of transport and
communication. A number of roads were built, ling which trees were planted, wells
were dug and Sarais (inns or rest-housed)were provided for the convenience of the
travellers. The most famous road he got constructed was the Grand Trunk Road, which
ran from Sonargaon in Bengal to Peshwar in the North/Western Frontier (now in
Paksitan). The present Grand Trunk Road is built on the same roadway. Sher Shah also
introduced a regular postage system. The Sarais built along the roads, served as Dak-
Chaukis of the postal department. At every Sarai or Dak-Chauki, two horsemen were
always kept ready to receive the dak or mail from the previous Chauki and carry it to
the next one. In this way the news from all corners of the empire could reach the king
in a short time.
 23

Lesson 3

Mughal Empire Administration (1526-1761)

The Mughal Empire at its zenith commanded resources unprecedented in Indian history
and covered almost the entire subcontinent. From 1556 to 1707, during the heyday of
its fabulous wealth and glory, the Mughal Empire was a fairly efficient and centralized
organization, with a vast complex of personnel, money, and information dedicated to
the service of the emperor and his nobility.

The development of Mughal administration was primarily the work of Akbar. The
establishment of an administrative apparatus by Sher Shah helped Akbar could lay the
edifice of a systematic structure in administration. The Mughal state was essentially
military in nature where the word of the Emperor was the law. The administrative
structure was highly centralized.

Akbar was not only a great conqueror but also a very capable administrator. He
introduced useful reforms and established an excellent system of administration in his
conquered territories. As a result of his efficient administration, Akbar was able to
establish a long lasting empire in India. Akbar’s system of administration continued for
10 more than two hundred years. So by studying Akbar’s administration, we can fully
understand the Mughal administration.

Central Administration
 24

The head of the Mughal administrative apparatus was the Emperor. Though the king
enjoyed absolute power, he appointed a number of officers in different departments of
the government for the transactions of the innumerable affairs. From1526 to 1560, i.e.,
fromthe time of Babur to the first four years of the reign of Akbar, the office of Wazir or
Wakil enjoyed great power. At the time of Bairam Khan's regency (1556-60), the office
of the Wazir enjoyed unlimited power.AsAkbar took the financial power of the Wakil
from Bairam Khan, the office lost its importance. The main departments of the state
were usually four. The head of exchequer was the Diwan who was usually the highest
officer in the state, being in sole charge of revenue and finance. He personally
inspected all financial transactions, payments in all departments, and maintained direct
contact with the provincial Diwan. The office of military pay and accounts was
entrusted to Mir Bakshi, who discharged various duties. While he was the Paymaster-
General of all the officers of the state, who "theoretically belonged to the military
department", he was also responsible for recruiting soldiers of the army and for
maintaining the list of Mansabdars and other high officials. When preparing for a battle,
he presented a complete master-roll of the army before the Emperor. Khan-i-Saman
was the officer of the Imperial Household department who looked into all matters "in
reference to both great and small things". The last but not the least important office
was held by Sadr-us Sudur who was the head of religious endowments and charity and
also the minister of education. Before Shah Jahan, the office of Chief Qazi and Sadr-us
Sudur were combined into one- Sadr who acted as the Chief Qazi. Aurangzeb separated
these two offices and appointed two different persons to hold these posts. Secondary in
importance were the heads of departments like Mustaufi (Auditor General), Chief Mufti
(Legal Adviser), Chief Muhtasib (Censor of Public Morals) and Daroga-i-Dak Choki
(Officer of Intelligence and Postal Department). The other officials, somewhat inferior in
status to those mentioned above, were the Mir Atish or Daroga-i-Topkhana
(Superintendent of Artillery), Nazir-i-Buyutat (Superintendent of Imperial Workshop),
Mir Barak (Superintendent of Forests), MirArz (Officer who presented petitions to the
Emperor) and Mir Tazak (Master of Ceremonies).

Provincial Administration
 25

For the purpose of smooth administration and revenue collection, the empire was
divided into several provinces known as Subas. Akbar divided his empire into twelve
Subas. Later, when he conquered new provinces in the Deccan, the number rose to
fifteen towards the close of his reign. Subsequently they rose to seventeen at the time
of Jahangir's reign, to nineteen in the time of Shah Jahan and to twenty-one at the time
of Aurangzeb. The administrative structure of the province during the Mughal rule was
exactly the miniature of the central government. The head of a Suba was Subedar who
was appointed directly by the Emperor. He was the head of the civil as well as military
administration of each Suba. The provincial Diwan was the head of the revenue
department of the province and was appointed by the Emperor. He was an independent
officer who answered all questions relating to provincial finance. The provincial Bakshi
looked after the military establishment. He also kept an account of the salaries and
emoluments of allMansabdars. Provincial Sadr, Qazi, Buyutat, Muhtasib, etc had to
discharge the same duties like their counterparts at the centre. Besides, in every Suba,
Daroga-i-Dag Choki was established for conducting intelligence and postal system,
Waqai Navis and Waqai Nigars were appointed for supply of reports directly to the king
and some Sawanih Nigars were also recruited for maintaining confidential reports
supplied to the king.

LOCAL ADMINISTRATION

The administration below the Subas, were divided into Sarkars and the Sarkars were
subdivided into Parganas: Faujdar was the chief executive head of a Sarkar whose main
duty was to maintain the law and order under his jurisdiction and the execution of royal
decrees and regulations. In addition, he had to keep the powerful Zamindars under
check. The next important officer of a Sarkar was the revenue collector known as
Amalguzar. Some Thanas were established in disturbed areas and in and around the
cities for preservation of law and order. These were headed by Thanedars. A Shiqdar
was in the charge of the general administration of a Pargana and maintain law and
order.He was assisted by anAmil (Revenue Collector), an Amin (Revenue Assessor), a
Potadar (Treasurer), Qanungo (Record Keeper of Land) and few Bitikchis (Writers or
Clerks). A village was the lowest administrative unit in the Mughal system of
administration. The village head was known as Muqaddam. He was assisted by the
 26

Patwari, who took care of the village revenue records. At this level, the Mughals
followed almost the same pattern of administration as it was under Sher Shah. The
administration of the urban areas was entrusted to Kotwal who was appointed by the
centre. His duty was prevention of crime, prevention of social abuses, control of the
market, care and disposal of heirless properties, etc.

The forts of the Mughals, which were known as Qilas, were located at strategically
important places where small towns grew up due to erection of huge garrisons. To
administer the Qilas, some high ranked Mansabdars were usually appointed as Qiladars
for its administration. One Mutasaddi was appointed to administer the ports. This office
was auctioned in some cases and given to the highest bidder.

Mughal Judicial System

The Mughal rulers possessed a great sense of justice and tried to establish an efficient
system of judicial administration. Initially, they followed the judicial system based on
Islamic law of the Sultanate period under which the subjects were divided into two
classes- Believers and Zimmis, the latter being not recognized as citizens of the
country. It was Akbar who did not strictly adhere to the Islamic theory of kingship and
made some changes in the judicial system. At the apex of the judicial administration
stood the king, who was considered to be the fountain of justice. He held his court on
fixed days of the week and personally decided all the important cases. The king alone
enjoyed the right to award death sentences. Next to the king's court stood the courts of
Sadr-us-Sadur which decide the religious cases and the Qaziul- Qzat which decide all
other cases. There was separate judicial machinery at the provincial level. The chief
responsibility of judicial administration rested with the Subedar, the Diwan and the
Qazi. The Subedar decided all the criminal cases and punished thieves, robbers, rebels,
etc. The civil cases were decided by the Diwan. The court of the Qazi also enjoyed wide
judicial powers. The Qazi with the help of officials like Mufti and Miradi discharged both
civil and criminal justice on the Hindus and the Muslims. At the Sarkar and Pargana
level, the Siqdar acted as the chief judicial officer and tried all criminal cases. The civil
cases were tried by the Amil. The Qazi and the Kotwal too enjoyed the right to try
 27

certain types of civil and criminal cases. The lowest unit of judicial administration was
the Panchayat.

No codified laws existed in the Mughal judicial system. The cases of the Muslims were
decided on the basis of Quranic injunctions, hadiths or sayings of the prophet, fatwas or
decrees of the eminent judges, etc. In case of the Hindus the cases were decided in
accordance with their customary and traditional laws. However, in criminal cases some
identical laws existed for the members of the two communities. The political cases
were tried by special courts consisting of civil and military officials.

Jagirdari System

Jagirdari system during the time of the Mughals was a continuation of the earlier iqta
system that formed a part of the feudal structure prior to the Mughal period. It was an
administrative mechanism which involved revenue assignments that was transferrable
during the Sultanate days. By this system, the ruling class of a particular region was
responsible for the management of revenue appropriation under the direct supervision
of the central authority without having any hereditary rights over the regions falling
under their control. Earlier permanent and hereditary rights controlled the revenue
assignments as the son succeeded to the official posts. However, under the Lodis, the
Afghan nobles were given such revenue assignments and derived only partly from the
king's favour. This Mughal system of revenue assignment is identified as Jagirs and the
assignee is known as Jagirdar. Unlike the iqta system which was administrative cum
fiscal arrangement, jagirdari system under the Mughals was purely revenue based
assignment. Akbar divided the land into two categories- Khalisa and Jagir. Land
revenue of Khalisa land went directly to the royal treasury whereas Jagirs were
assigned to the Jagirdars according to their rank. Those Mansabdars who received cash
payment were known as Naqdi. Jagirs were usually granted to the Mansabdars and the
governing class of the empire. The Jagirs under the Mughals were transferable after
three or four years and no Jagirdar was allowed to retain the same Jagir for a long time.

This feature of the 13 system not only kept a check on the Jagirdars but also helped
taking long-term measures for the development of the areas by the Jagirdars. Generally
there were four types of Jagirs - (a) those which were given in lieu of pay known as Jagir
 28

Tankha, (b) those which were given to a person on certain conditions called Mashrut
Jagirs, (c) those which were independent and involved no obligation in service termed
Inam Jagir and (d) those which were assigned to Zamindars in their own homeland
known as Watan Jagir. The last named was the only exception to the general system of
transfer of Jagir system. The increase in the number of Mansabdars and the limited
availability of land as well as the administrative and financial disorder of the country
caused a crisis in the Jagirdari system in the later part of the reign of Aurangzeb. Many
of those who were appointed as Mansabdars found it hard to get their Jagirs. The
Jagirdari system was one of the important causes of the agrarian crisis in the Mughal
Empire. Though the term jagir does not occur in the official paper before Akbar, it
began to be used gradually after Akbar. The term jagir has been used in varying
frequencies-more frequently since 1561 but by 1575, it had declined. This may be due
to the changing administrative jargon for different assignment in the original
documents. During the time of Babur, wajah was used and during the first four years of
Akbar's reign vague expressions like hukumat, sardari, dawari, hirasat etc were used.
The marking of difference between the revenue assignment and holding administrative
posts may have been the outcome of Sher Shah's policy of appointing sarkar-level
military commanders. This policy was carried forward by Islam Shah who made an
attempt to put all soldiers serving under him on cash salaries. The jagirs of the leading
nobles were located strictly within the territory controlled by him. However, the
territory extended much beyond the revenue assignment. At times there were disputes
regarding the control of revenue as to whether the senior commander would control
the revenue of his territory or only his personal jagir. This growing tension led to
conflict between central authority and the regional commanders. Towards 1575 the
jagir system assumed certain features. One jagir of a noble was conceived as fixed
income against specific methods and not a portion of the revenue collected from the
territories under his charge. Secondly, the central diwan had the supreme authority to
decide the value of the jagirs (locale and nominal) of the nobles or those serving under
the superior hakims. Ali Quli Khan (hakim) of Jaunpur assigned sarkar Banaras to his
brother Bahadur Khan and made it formally on behalf of the king. This is a single
exceptional case where an actual decision on assignment was taken without any prior
authorization from the central authority, as mentioned by Bayazid Bayat in the Tazkira-
 29

iHumayunwa- Akbar. Jagirs began to be distributed among the high nobles at the
presence of a central diwan. Abul Fazl reports this in connection with the assignment of
the Malwa in 1562. And the value of the jagir and locale was defined through sanads
issued by the central diwan. And failure to abide by the procedure was considered an
offence and not acceptable. Until 1560, the jagir of a noble was never assigned in parts
against the partial assesed income (Jama) of two or more parganas. The jagirs were
settled in terms of the assesed income (Jama) of the parganas against which it was
assigned. In the initial years of Akbar's rule, the central share in the revenue of the
different regions was fixed but while discharging the responsibility of collecting and
transmitting to the treasury the nobles misappropriated it. This was perhaps the reason
behind the depletion of treasury towards the beginning of 1561. The jagirs of the
nobles belonging to powerful clans were concentrated in particular regions. Most of the
jagirs were distributed among the members of the same clan like the Uzbeks in
Jaunpur, Mirzas in Sambhal, Jalairs in Lucknow and Awadh, Qaqshals in Kara, Manikpur
and the Atka clan in Panjab. This led to the slowing down of the process of the transfer
of jagirs. From around 1561 certain changes were introduced in the way jagirs were
assigned. The jagirs were assigned in fragments over a number of parganas and Ain-i-
dahsala testifies to the fragmentation of the jagirs.

MANSABDARI SYSTEM

The basis of civil and military administration under the Mughals was the Mansabdari
system which was introduced by Akbar who himself borrowed it from Persia. The term
Mansab literally means the rank of its holder (Mansabdars) in the official ladder in the
Mughal system of administration. From that angle, the Mansabdars were the paid-
service officers of the Mughals. On the basis of merit or service to the state, Mansabs
were given to both civil and military officers and hence they formed an integral part of
the Mughal bureaucracy. Thus the Mansabdars belonged to the civil and the military
department. The Mansabdars could be transferred from the civil to the military
department and vice 15 versa. The Mansabdars had to supply certain number of
soldiers to the state according to their rank. In the time of Akbar the Mansabdars were
classified into 33 grades, from commanders of 10 to 10,000 soldiers. Generally Mansab
in the rank of 7,000 and above was reserved for person like princes or other members
 30

of royal family. The title of Mansabdar was assigned to the high officials while the less
superior officers were given the title of Rouzinder. There were two important
characteristic features. Firstly, in broader sense all the Mansabdars were subordinate to
the king. That means, in an expedition, a Mansabdar of lower rank had to obey the
Mansabdar of higher rank in matters of war. Secondly, the Mughal Mansabdars were
known by the number of ranks identified as - Zat and Sawar. Zat indicated the number
of horses, carts, elephants etc to be maintained by a Mansabdar. Sawar determined the
number of horsemen the Mansabdar had to furnish or maintain. Sawar rank was either
equal or lower than that of the Zat. Hence, the position of the Mansabdar was
determined by the Zat number, not that of Sawar. For example, Mansabdar with 4000
Zat and 2000 Sawar was higher in rank than a Mansabdar of 3000 Zat and 3000 Sawar.
The Mansab rank under the Mughals was not hereditary. The son of a Mansabdar did
not inherit the rank from his father. Such grant depended on the will of the Emperor.
Another important feature of the system was the law of escheat (zabti), according to
which when a Mansabdar died, all his property was confiscated by the king. This
measure was introduced so that the Mansabdars could not exploit the people at will.
Regarding the payment of the Mansabdars, the system of payment in cash or in
assignment of a Jagir existed. Generally, a Mansabdar preferred a Jagir to cash
payment due to social status associated with it. The Mansabdari system, introduced
byAkbar, was a unique feature of the administrative system of the Mughal Empire. But
it was, no doubt, a complex system. There were gradations of the Mansab holders.
Mansabdars holding the rank of one Hazari or above were termed as "Omrah" and
those below a Hazari were termed Mansabdars. They performed the same type of
duties.

There were three classes of Mansabdars:

(a) If the Zat and Sawar ranks were equal the Mansabdar belonged to the first class.

(b) If the Sawar rank was half of his Zat rank, the Mansabdar belonged to the second
class.

(c) If the sawar rank was less than half the Zat rank or there was no Sawar rank at all,
then the Mansabdar would belong to the third class.
 31

The Mughals stressed on the central authority of the ruler in maintaining order within
the Empire. The Mansabdari system became the means through which chieftains, clan
leaders and aristocrats who commanded considerable status and power were inducted
into the nobility. The mansabdar was to report only to the Emperor rather than to
another official of a higher mansab or rank. The Emperor wielded much control over the
officials through the frequent attendance of the nobles. This enabled the nobles to 16
maintain their elite status. The nobles could not assert their power through hereditary
claims unlike the times of Tughlaqs and the Lodhis. Akbar did away with this practice
and the rank of an officer ended with the death of the officer. Moreover, the
mansabdars, were transferred to prevent any territorial consolidation of power. The
Mughal princes were given ranks subordinate to the Emperor. The system managed to
draw into the fold of the Mughal army the maximum number of military recruits. It
allowed optimal absorption of warlords and recruits. Rewards and high maintenance
grants were offered as incentives to warlords who enlisted superior horse-breeds. Due
to the indirect recruitment process the Mughal grasp or hold over Indian military power
remained tenuous throughout. There were no strict regulations and control. Instead,
the number of mansabdar increased leading to the expansion of the empire to newer
frontiers.

The Mansabdars posted in the Deccan, received jagirs for only 3 or 4months. The
increase in the mansab was far greater than the growth in the jama. It was to cope with
this situation that the zat and sawar salaries were reduced to a large scale and it posed
a military and financial problem. Akbar aimed to broaden the base of his rule by
establishing a personalized and semi-bureaucratic relationship with the Hindu
chieftains and Muslim nobles. The mansabdars under Akbar were mostly Persians,
Turanis, Muslims born in India and the Rajput chieftains. The lowest ranking mansabdar
was a commander of 10 cavalry and the highest ranking mansabdars was a
commander of 10,000 cavalry. In Akbar's time most of the mansabdars above the rank
of 5000 were his sons. Abdul Kadir Badauni (a chronicler in Akbar's time) had written
that the contingent of a mansabdar consisted of Khas Khailan (his personal
dependents) as well as bargirs, who were mercenaries. On the basis of their
performance mansabdars were either promoted to higher ranks or demoted to lower
ranks. Akbar introduced descriptive roll system and pay was dependent on the
inspection of these rolls by imperial inspectors. Branding horse system was made
compulsory to prevent borrowing of horses between the mansabdars. Most high
ranking mansabdars were governors of subas. The sons inherited a lower mansab than
his father.
 32

Sir Thomas Roe mentions that the children of the mansabdar inherited a small fortune
like, 'horses, staff and some stock". Thus, the law of escheat worked well as it kept the
mansabdars away for indulging in corruption and other acts of high handedness.
However, this also led to an increasing tendency among the mansabdars to indulge in
reckless expenditure. According to J.N. Sarkar, the law of escheat made the nobles a
selfish band quick to join a winning side in every war of succession in order to keep
safe their material possessions as their entitlements were subject to the pleasure of the
king.

Model Questions

1. Show how the provincial administration of the Mughals resembles the central
administration.
2. Discuss the salient features of the Mughal administration.
3. Discuss the Jagirdari system
4. Bring out the contribution of Mughal administration to the independent Indian
administration.

Lesson 4

British Legacies over Indian Administration

Introduction
The Indian administrative structure is largely, a legacy of the British rule. The
various structural and functional aspects of Indian Administration like secretariat
system , all-India services , recruitment, training, office procedures, local
administration, district administration, budgeting, auditing, centralising tendency,
police administration, revenue administration, and so on, have their roots in the British
rule.

The Nature of Administration

The East India Company was recognized on 31st December 1600, was a
monopoly, mercantile Company, which was granted through the British crown the right
to trade in the eastern parts. A trading station, with a number of factors was described
Factory. A settlement (number of factories) was under an Agent. Factor was the term
 33

applied to an agent transacting business as a substitute for another in mercantile

affairs. Employees were graded, writers, factors and merchants.

Recruitment of officials, their nomenclature, conditions and circumstances of

service were governed through rules and practices appropriate to commercial business.
Usually, patronage was the method of recruitment and promotion in the services.
Patronage was in the hands of the Proprietors or Directors of the Company. In the early
years of Company rules, officials were regularly moved around, from one district to
another. They had no training on the job and learnt the hard way through trial and
error. They were ignorant of the laws, customs and languages of the local people.
Given very low salaries, the Company‘s servants were recognized to be corrupt.

The system of governance was commercial in character. It was basically

government through Council. The Council had executive and legislative powers with the
Governor or the Governor-General having the casting vote. With the acquisition of more
territorial sovereignty and the need to take prompt decisions, more power came to be
concentrated in the head or Chairman of the Council, but the fundamental principle of
communal rule and responsibility remained. It was also a government through Boards.
But the Board of Revenue had the longest history and the mainly distinguished record
of work. Later, there was also the Railway Board. The Board made possible counseling,
discussion, deliberation and even legislative and judicial activities. Questions of policy
and principle, conduct and action were settled in the Board. It was a government
through record. When transactions were commercial, records were brief and
manageable. But political dealings made record keeping cumbersome and voluminous.

Notes, minutes, dispatches and reports became an integral part of British

administration. All this was in a way necessary because only through written reports
and records could control be exercised through officials in the governmental hierarchy.
With the Company headquarters in far absent England, record keeping helped check
absolutism and uncontrolled power.
The East India Company mismanaged administration of acquired territories in
India. One instance of it is through Clive‘s Double or Dual Government of Bengal, Bihar
 34

and Orissa. While the Company took over direct responsibility for defending these
territories from outside attack, internal matters, like revenue collection was still left to
the Nawab and his officers who worked on behalf of the Company. This was because
the Company did not know the local customs and practices and felt comfortable leaving
the existing system of revenue collection intact. But this resulted in use of the worst
type as maximum revenue was extracted from the people. Though it was done in the
name of the Company, which got a bad name on this account, the Nawab and his men
pocketed a lot and grew rich at the cost of the Company.

The Regulating Act of 1773

This Act deserves special mention because it was the first action on the part of
the British Government to regulate the affairs of the Company in India. The Company,
through a Charter, had only been given trading rights through the British Crown. When
it acquired territories in India and slowly but surely converted itself into a ruling body,
the Parliament could not accept and regularize this development. Moreover, it was
whispered that whatever lands the Company acquired were in the name of and on
behalf of the King. So, the administration of these territories had to be controlled
through the Crown. Again, merchants and traders could hardly equal the task of
administration. This was proved through the rising stage of corruption and
mismanagement of territorial acquisitions. While the shareholders of the Company
were looking for better dividends because the Company was playing a double role of
trading and ruling, the Company was creating big losses and had to be bailed out. To
tide over a critical period when finances were low because of Indian wars and rising
demand for increased dividends, the Company asked the British Parliament for a loan
of £ 1,400,000. This gave Parliament a long-awaited chance to assert its right to control
the political affairs of the East India Company. They granted the loan on condition that
administration in India would be according to directions of the British Parliament.
Hence, the Regulating Act of 1773 was passed.

Changes Introduced through the Regulating Act in England

The Court of Proprietors of the Company was reformed. Formerly, a shareholder,
holding a stock of £ 500 and over, became a member of the Court of Proprietors. The
 35

Regulating Act raised it to the minimum to £ 1000. This made the Court of Proprietors a
compact, better organized body to discharge both its duties and responsibilities.
Changes were also made in the Board of Directors. It was now to consist of 22
members elected through the Court of Proprietors every 4 years, 6 directors retiring
every year - instead of all the Directors being elected every year as before. This gave
the Board some stability and facilitated better management.

Changes Introduced through the Regulating Act in India

The Governor of Bengal was now designated as the Governor-General of Bengal
and Governors of other provinces in India were subordinate to him. The Governor-
General was to be assisted through a council of four members sent from England.
Decisions were to be taken through majority vote and the Governor-General Warren
Hastings had a casting vote. The British territories in India came to be controlled from
Bengal and that in turn was subject to control from England. The Regulating Act set up
the Supreme Court at Calcutta with Lord Chief Justice and three judges. This was the
Supreme Court of Judicature, the highest court in British India. It had power to exercise
civil, criminal, admiralty and ecclesiastical jurisdiction. It had jurisdiction over British
subjects and Company‘s servants. But its relations with the existing courts were not
defined.

Effects of the Regulating Act

The changes in the Company‘s organisation in England made it more effective
managing body at headquarters. The Act created a centralized administration in India,
creation the Bombay and Madras Governors subordinate to the Governor-General of
Bengal. There was a felt need for a uniform policy for the whole of British India,
therefore, avoiding much wasteful expenditure. The creation of the Supreme Court
made for better justice to British subjects. The Regulating Act brought in a system of
checks and balances. It made the Governors subordinate to the Governor-General, the
Governor-General subordinate to his Council and the Supreme Court effective in its
control over the Governor-General in Council. The Regulating Act laid the foundation of
a Central administration and instituted a system of Parliamentary control. It marked the
 36

beginning of the Company‘s transformation from a trading body to a Corporation of a

new type, entirely administrative in its object and subordinate to Parliament.

Defects of the Regulating Act

Though the Act was expected to regulate and centralize administration to give
better justice and bring in a system of checks and balances, it was found to have
serious drawbacks in practice. For instance, it had the following defects relating to the
Supreme Court:
The ambiguity of jurisdiction flanked by the Supreme Council, and the Governor-
General in Council was a drawback in the Act of 1773. The Regulating Act entrusted the
whole civil and military administration of the diwani provinces to the Governor-General
and Council. But the Supreme Court was also authorized to take cognizance of cases
not only against British but also native employees of the Company. It could punish all
persons who committed acts of oppression either in the exercise of civil jurisdiction or
in the collection of revenue. But the Act did not specify whose authority would be final
in case of a disagreement flanked by the Council and the Court. These difficulties arose
because the Company which was the virtual sovereign of the diwani provinces was not
declared to be so through Parliament.
The Regulations passed through the Governor-General in Council had to be
registered through the Supreme Court before they were executed as law. Court‘s
refusal to do it could amount to hamper the smooth working of the administration and
there was no explanation provided to this effect.
The Act did not clearly specify which law had to be applied while trying cases.
The Court applied English law in all cases even where Indians were charged with
offences. This was resented through the Indians.
The Provincial and other Courts were not recognized. All these defects did much
harm. The British Government corrected these defects through the Amending Act of
1781.
The drawbacks relating to the Governor General in Council incorporated:
The Governor-General was answerable to the Directors and was held responsible
for all acts pertaining to the administration in India. But he was not given a free hand
as he was bound through the majority decisions of his council. Though this is
 37

understandable as part of the system of checks and balances, yet it resulted in the
Council taking decisions for which the Governor-General alone was held accountable.
There was constant friction flanked by the Governor-General and his Council, as a
result, administration suffered.
Though the Governors were subordinate to the Governor-General, yet, in actual
practice, they acted independently of Bengal. They justified their action through saying,
the matter was urgent and decisions could not be delayed. In this way, the thought of
unity and uniformity sought through the Act was defeated in practice. According to the
Regulating Act, the East India Company was to supply all correspondence relating to
military, administrative and financial matters to the British Government. This indirect
control did not work satisfactorily in practice and the Proprietors and Directors followed
a policy based on personal thoughts rather than administrative need.

The Amending Act of 1781

This Act amended the jurisdiction of the Supreme Court. It was deprived of its
right to action arising in the collection of revenue. Landholders, farmers or other
persons linked in land revenue work were not sheltered through the Supreme Court. In
the same way, no person, just through virtue of being the Company‘s employee, could
be subjected to the Court‘s jurisdiction. Even though the Court‘s jurisdiction extended
over all the inhabitants of Calcutta, the Court had to take into account personal laws of
Hindus in case of Hindus and Quranic law in case of Muslims. The Amending Act
recognized the appellate jurisdiction of the Governor-General and Council and
confirmed their judicial authority to entertain all such pleas and appeals as they had
done all beside as a Court of record.
The Governor-General and Council were further invested with ―power and
authority, from time to time, to frame regulations for the provincial courts and councils.
Their legislation under this Act, was not to be subject to registration in the Supreme
Court of Judicature, but was required to be finally approved through the Crown.

CONSTITUTIONAL CHANGES FROM 1784-1834

The following are the constitutional changes from 1784 to 1834:
1. Pitt’s India Act 1784
 38

The shortcomings of the Regulating Act soon became manifest. To remedy these
defects was not easy because it involved a complete separation of commercial and
political functions of the Company which was viewed with disfavor in England.
The urge for a change was very strong and it could not be suppressed for long. In
1783, a bill was introduced through Dundas, but it failed. In the same year, Fox
introduced two bills but these were rejected in the House of Lords. When William Pitt
came to head the Government he was determined to introduce a bill on India and see it
through. At the first attempt, it was defeated through a narrow majority and on second
attempt after Pitt‘s party was returned to power it was introduced.
Pitt‘s India Act provided for a body of six commissioners popularly recognized as
the Board of Control. It consisted of one Secretary of State, the Chancellor of the
Exchequer and four Privy Councilors appointed through the king and holding office
throughout his ̳pleasure. Three of the six shaped a quorum and the President
possessed a casting vote in case opinion was equally divided. The Secretary of State
was to preside over the meetings of the Board, which in his absence, done was through
the Chancellor of the Exchequer or a Senior Commissioner. The Board of Control was
empowered to superintend, direct and control the Company‘s affairs in India with
regard to civil, military and revenue work. The Directors of the Company had to deliver
to the Board, copies of all correspondence with the Company. The orders of the Board
on civil and military government or revenues of India became binding on the Directors.
According to the Act, the Board could transmit, through a secret committee of three
Directors, secret orders to India on the subject of war, peace, or diplomatic negotiation
with any of the country powers.

2. The Central Secretariat

In 1784, the Central Secretariat had three main branches: General, Revenue and
Commercial. Judicial branch was later recognized in 1793. Flanked by 1793 and 1834,
the Central Secretariat worked through four branches. Of these, the civil section of the
General branch was under the immediate control of the Supreme Board which
consisted of the Governor General in Council and it was administered through
Secretaries to Government in several departments.
 39

3. The Departments of Secretaries to Government

Before 1756, all transactions of business were handled through one general
department with the help of a Secretary and a few Assistants. Due to pressure of
business and exigencies of war, the General Department had to be reorganized to
secure efficiency and despatch. Accordingly, a plan was drawn up to have two
Departments, that is, the Public Department which dealt with the affairs of trade,
shipping, revenues, accounts and other matters of a public nature and the Secret
Department which dealt with military plans and operations and all transactions with
country powers. Separate records should be maintained for each. The two departments
had to be jointly supervised through a Secretary and an Assistant Secretary, with a sub-
Secretary attached to each Department. There were eight Assistants for the Public
Department and seven for the Secret Department. Their specific duties were defined.
The President and Council at Fort William accepted this plan and implemented it in
1764. In 1774, the Governor-General and Council took over the whole civil and military
government of Bengal under the Regulating Act. With augment in the volume of
administrative work and the supervision of military operations against the Marathas
and Mysore, the Public and Secret Departments had a Secretary each. The post of
Assistant Secretary was abolished and a sub-secretary was attached to each of the two
departments. The duties of each were specified again and the Secret Department was
removed to a separate house so that its records and papers were not ̳exposed to
improper inspection‘.

Foreign Department
The affairs of foreign nations in India were part of the business of the Secret
Department. These were now separated and vested in a Foreign Department, which
was recognized in 1783 and placed under the charge of the Secretary to Government in
the Secret Department.

Military Department
Matter relating to military expenditure, ranks, pensions and other claims of a
military nature were previously dealt with through the Government in its General or
Public Department. Warren Hastings, in 1776, suggested that military matters spread
 40

over dissimilar departments should be brought together under a new Military

Department. This was done in 1777.

6. Revenue Department
When the Company acquired Diwani provinces in 1765, the collection of revenue
was left to Indian officers who acted as mediators for the British. This arrangement
sustained till 1769 when the Governor-General and Council appointed Supervisors in all
districts to acquire knowledge of revenue possessions and report on abuses in the
current system. But since their powers were limited and they failed in their duties, a
new management was created. There was to be a Controlling Council of Revenue at
Murshidabad and another at Patna. Since these lacked co-ordination, a Controlling
Committee of Revenue was set up in 1771 at Calcutta with powers to inspect, control
and direct revenue affairs.
In 1772, the Company decided to stand forth as diwan and carry out all revenue
administration through its own men. So a Committee of Route was shaped which
worked beside with the Controlling Committee of Revenue.
Finally in 1772, it was decided to have a Revenue Department at Calcutta in
place of these several bodies. The Department had a Secretary, an Assistant Secretary,
and a sub-secretary, a Persian Translator, an Accountant-General and many Assistants.
In addition to Department Secretaries to Government who acted under the
direction and control of the Council, there were three inferior Boards to take care of
details of execution. These were:
The Committee of Revenue shaped in 1781 to take care of revenue, justice and
police.
The Board of Ordinance, shaped in 1775 to manage military stores.
The Board of Trade shaped in 1774 for commercial transactions.
In 1785, these were reconstituted as the Board of Revenue, the Military Board
and the Board of Trade. In 1786, the old Secret Department was renamed as Secret
Political Department. The Foreign Department was designated as Secret and Foreign
Department. A new Secret and Military Department was set up with Edward Rav as the
Secretary of all the three departments. The old Military Department was reconstituted
in 1786 as the Military Department of Inspection and was separate from the Secret and
 41

Military Department. With slight changes in nomenclature like dropping the words
Secret in titles of Departments and creating a new Secret Department these sustained
after 1787.

10. Changes in the Secretariat from 1787-1808

Cornwallis reorganized the Secretariat. A Secretary-General was appointed for
the Public, Secret and Revenue Departments while each sustained to have a sub-
secretary. This arrangement preserved the independence of each department while
uniting all under the Secretary-General. Cornwallis also recognized a separate Judicial
Department with proceedings kept under two separate heads, civil and criminal.
Wellesley reconstituted the Secretariat and the changes he effected proved to be of a
permanent nature. Through now there were four groups of Departments. They were:
The Secret, Political and Foreign Departments.
The Revenue and Judicial Departments.
The Public Department including Commercial branch.
The Military Department.
Each of these departments had a sub-secretary and all acted under the orders of
a Secretary-General who was usually nominated as Secretary to Government. Sub-
secretaries became ̳Secretaries‘. The Chief Secretary had powers of general, control
and authority, but execution of details was not his job. Individual Secretaries were fully
responsible for transaction of business in their respective Departments. There was a
considerable augment of salaries as well. He also opened new Departments since new
territories were acquired through the Company. Wellesley, in sum, raised the status of
the Secretaries to Government through raising their salaries and augmenting their
responsibilities to contain research and planning.

11. Financial and Colonial Departments

With Wellesley‘s arrangement, secretaries had come to shoulder greater
responsibility and distinguished themselves as extraordinary administrators. When
Minto took charge, he chose to depend on his Secretaries and be guided through them
rather than act on his own views and principles. Minto added two new Departments
Financial and Colonial. The Financial business of Government was separated from the
 42

Public Department in 1810 and recognized as a separate Financial Department. The

Colonial Department was intended to manage the affairs of Mauritius and Java which
had come under the Company.

12. Reconstruction of Departments in 1815

The organisation of the Secretariat was again revised in 1815 in conventionality
with a plan proposed through the Governor-General. This was partly in conventionality
with the necessities of the Charter Act of 1813 which had directed that separate
accounts to be maintained of the Company‘s territorial and commercial revenues. This
separation had also been ordered through the Court of Directors and was necessitated
through the policy laid down through the Parliament and the home authorities.
According, a new Territorial Department was created.
13. Departments Under The Governor-General And Other Civil Departments
The office of the Governor-General consisted of the official establishment of his
Private Secretary, his Interpreter and a number of Assistants. One of the main duties of
the Private Secretary was to administer Darbar charges which were stipends paid to
the Nawab of Bengal and others. Residents were appointed in several parts of the
country. A Resident was appointed to get complete knowledge of what transpired at
Courts of native rulers and uphold 'British interest against those of other foreign
powers. The administration of political residencies, though mannered through the
Secretary to Government in the Secret and Political Departments, was essentially
connected up with the office of the Private Secretary to the Governor-General.
Residents soon became very powerful and had large administrative staff.
The other civil Departments incorporated the Treasury which handled money,
supervised the financial possessions of Government and control of its expenditure, the
Department of Audit and Accounts, the Persian Department and the Agencies specified
as the Agent for stationery, agent for Indigo and agent for despatching ships to Europe.
There was also the Post Office, the Mint and other establishments like that of Surgeons
and Chaplains, the Clerk of the Market and the Coroner, under the Civil Department.

14. The Administration Of Revenue

 43

Land revenue was the mainly significant source of income for the Government
and revenue settlement was one of the mainly complicated functions of the
Government. It involved the consideration of a multiplicity of rights and obligations and
it differed in fundamental principles and details from place to place. The Company‘s
servants had to gather proper information as to the economic possessions and social
traditions of the people and the methods of revenue administration followed in the
past. On the basis of facts therefore composed, they had to frame appropriate
regulation for imposition of revenue and appropriate machinery for its collection.
15. Formation of the Board or Council of Revenue
With the collection of revenue 'given over to Collectors, the Committee of Route
favoured the discontinuance of the Controlling Committee of Revenue at Calcutta.
Control had to be exercised through the Supreme Council. In 1772, so, the Committee
of Route recommended the formation of the whole Supreme Council into a Board or
Council of Revenue. This Board first met on 13 October 1772, when the Controlling
Committee of Revenue at Calcutta also came to an end. The Committee of Route was
abolished in 1773. The structure of Revenue administration was greatly simplified. It
consisted of the Board of Revenue at the Presidency, with Collectors in the districts,
assisted in joint responsibility through the native diwans.

16. District Administration and the District Collector

The position of the District Officer was the foundation on which British rule in
India rested. District administration through the mediators of the Central Government
has been a vital characteristic of our Governmental system since times immemorial.
The Mauryan Empire was divided into a number of provinces and each province was
further divided into districts. Villages were governed through village communities. The
district officer was responsible to the Provincial Governor and ultimately to the
Emperor. A similar arrangement prevailed under the Guptas. The District sustained to
be a significant area of administration even under the British.
In 1772, Warren Hastings placed a district under a Collector who was a British.
Two years later this arrangement was abandoned and again picked up in 1781.
Through 1786, the district came to occupy a central place in the scheme of local
 44

administration. In 1829, some districts were grouped together and shaped a Division
which was under a Commissioner of Revenue and Route. This Commissioner was given
powers of supervision and control over the administration of the districts. Later,
districts were sub-divided into sub-divisions each under a sub-divisional officer.
Lord Cornwallis was not happy with this arrangement for an officer who assessed
the revenue, and had to hear complaints against that assessment. The temptation
would be to justify in his judicial capability what he had done as a Revenue Officer.
Accordingly, in 1793, a new Regulation was adopted through the Governor General in
Council through which Collectors would not try the revenue cases any longer. In each
district, there were two significant officers - Collectors for collection of Revenue and the
Judge Magistrate to maintain peace, supervise police work, apprehend thieves and
robbers, try them as Magistrate and functions as the Civil Judge.

17. Board Of Revenue

British administration in its initial stages had a number of Provincial Revenue
Councils at work and above them was a Secretariat at Calcutta. These Provincial
Revenue Councils came to be replaced through a Board of Revenue which came to
assume tremendous importance both in revenue collection and general administration
for almost 140 years. The jurisdiction of the Board extended to the whole field of
revenue administration including settlement, collection and receipt of public revenues.
In 1788, Cornwallis revised the constitution of the Board of Revenue. The Board was
concerned with the deliberation, superintendence and control. The details of
management of revenue were left to Collectors who were responsible to the Board. In
the exercise of its powers, the Board could summon any officer to explain his conduct,
fine him or even suspend him with the final consent of Government.
The Collectors became very significant because they supplied, in the first
instance, all the data on the basis of which the Board‘s report to Government would be
prepared. Once decisions were taken and instructions issued, the execution of details
was left to the Collectors who with the discretionary power they wielded, became
supreme in district administration. Two more reforms were affected in the Board of
Revenue on the recommendations of John Shore in 1788. They sought to effect total
control of revenue administration through the covenanted civil servants.
 45

In 1790, a regulation was passed which empowered the Board to Act as a Court
of review as well as appeal in all revenue cases. In the same year the Governor-
General in Council, constituted the Board of Revenue into a Court of Wards. This was to
bring under the Board, the affairs of all such estates as belonged to females, minors,
idiots, lunatics and persons of doubtful character. From time to time, regulations were
issued to guide the Board in this activity. Subsequently, Divisional Commissioners came
to be appointed.

18. The Administration Of Criminal Justice And Police

We have examined in the earlier Unit, the Moghul administration of criminal

justice and police. It was based on Quranic law which was applied to Muslims and non-
Muslims alike. With the collapse of the Moghul Central authority, there was a
breakdown of the law and order machinery. Zamindars, farmers and other mediators of
revenue took over control though they did not have the right to do so. Though, they
prevented a situation of anarchy.

Hastings had the following four objectives when he sought to improve criminal
administration:

To reconstitute the criminal courts.

To establish an efficient machinery of supervision and control.

To offset the inadequacies of Muslim criminal law.

To restore power of Faujdars.

These had three characteristics:

Landholders and fanners who maintained thanedars and chowkidars were

divested of their whole police authority.

Districts were divided into thanas or police jurisdictions. At the head of each was
an officer of Government described darojga of police.
 46

Duty of rural police like chowkidars and others was to assist the daroga in the
apprehension of criminals and to undertake intelligence work.

19. The Civil Service

With responsibilities of ruling territorial possessions in India, the British Governors
and Councilors needed assistants in the Central offices and in districts. They also had to
revise the manners and customs of the people, collect necessary facts and create
timely recommendations. To begin with, the men to fill this significant role in public
service were drawn from the ranks of writers, factors and merchants of the Company. It
was not till 1769 that some of these officers were appointed supervisors over large
areas and charged with responsibilities. Though mainly of the men did not prove equal
to their tasks there were a few like John Shore, Charles Stewart, Charles Grant and
Jonathan Duncan who did outstanding work. The Court of Directors sustained to send
every year fresh batch of writers without realizing that a revolutionary change had
taken place in the Company‘s role and functions and, so, better equipped men were
required.
None of the Acts of Parliament flanked by 1773 and 1793 looked into the
education and training of civil servants in India. To the open question as to whether
administration would be efficiently mannered through only Indians, a mixed agency or
exclusively through the British, Cornwallis provided the answer through deciding on the
policy of complete Europeanization. All higher positions in Government service were
filled through the Company‘s British covenanted servants. The Charter Act of 1793 took
care of this and provided the Charter or Rights of civil servants. Promotion was through
seniority. Duties of dissimilar departments were defined. Salaries were proportionate to
responsibility.
Wellesley realized that civil servants of the Company had to discharge functions
of Magistrates, Judges, Ambassadors, etc. To discharge these duties efficiently they had
to be not only well acquainted with the languages, laws and usages of the people but
be well informed on the British Constitution and be well versed in Ethics, Civil
Jurisprudence, the laws of nations and general history. To give all these, Wellesley set
up the College of Fort William in Calcutta. The civil servants of Bombay and Madras had
to undergo training at the College like those of Bengal for three years. The three year
course provided for instruction in liberal arts, classical and Modem History and
 47

Literature, Law of Nations, Ethics and Jurisprudence. The syllabus also incorporated
Indian languages, dissimilar codes and regulations. The college aroused mental and
intellectual powers of the civil servants and improved their morals to a considerable
extent. But the College was short-lived. After seven years it sustained as only a
language school.
In 1805, the Hailey bury college was set up in England and that really spelt the
end of the College at Fort William. The young recruits to the covenanted Civil Service
had to spend two years at Hailey bury and for the after that 50 years the ICS was the
product of the Hailey bury College. The syllabus drawn up through Wellesley for his
College was followed at the Hailey buries College. The young civil servants had to
continue their mathematical and classical education for two years under expert
guidance. They had also to read Political Economy, principles of jurisprudence,
elements of Indian history and rudiments of Indian legal codes and regulations and
Indian languages.
But admission was still on the basis of patronage. Each of the Company‘s
Directors could nominate one candidate while Chairman and Deputy Chairman could
nominate two candidates each. Though there was an entrance test, it was so simple,
that no one ever failed it. Though candidates did equip themselves with liberal
education, the standard at Hailey bury was not really high or else it would have
resulted in a high rate of failures. The admission system, though modified later, was at
best, one of qualified patronage. Despite this, the College had a good name and its
products were recognized for their corporate outlook and spirit comradeship which they
brought to India. These men in far-flung parts of India still upheld old Hailey bury ties.
They set healthy traditions especially in honesty and integrity. But at the same time
they felt high and mighty and some did become despotic in outlook and dictatorial in
behaviour.
In 1837, an arrangement was made for the preliminary examinations to
Haileybury College. Yet it did not achieve the expected results. The men who came out
to India were not of the stage of competence demanded through the work. Meanwhile,
opposition was developing in England against patronage since 1833, when the
Company lost the last vestige of commercial monopoly.
 48

The Northcote Trevelyan Report submitted to Parliament in 1854 suggested that

patronage necessity provide place to open competitive examination. In the middle of
those happy to promote merit system was Macaulay. Once the principle of competition
was accepted, the necessary regulations had to be framed. For this an expert body was
appointed of which Macaulay was Chairman. The committee recommended that
candidates be flanked by ages 18 and 22 and the examination should be in subjects of
liberal revise.
Its necessity be noted that the Civil Service recognized a great reputation for
itself as a mainly efficient, honest and upright organ of government. But civil servants
had limited functions to perform. They were essentially concerned with law and order
and revenue administration.

20. Reforms in British Administration: 1858 To 1919

The outbreak of 1857, described through Dr. Pattabhi Sitaramayya as the First
War of Independence, was a shock to the British government and its bureaucracy.
Economic use, social deprivation, and political unrest made 1857 outburst inevitable.
The British rulers had to revise their policy of conquest and annexations and to adopt a
careful and calculated policy of association and cooperation. The Act of 1858 ended the
Company rule and the system of Double Government through Board of Control in
England and the Court of Directors of the company introduced through the Pitt‘s India
Act, 1784. Indian Administration came directly under the Crown. The Act created the
office of the Secretary of State who was a cabinet minister in the British cabinet. His
salary and establishment was paid from the Indian revenue. He was assisted through a
council of fifteen members to create him familiar with Indian affairs. With the end of the
East India Company, British Parliament lost much interest in Indian affairs and the
Secretary of State for India became the de-facto government of India. He had
overriding powers over, the Council in deliberations, appointments and the supremacy
of Home government over the Government of India as firmly recognized. The
enlightened Indian opinion always criticized the constitution and functioning of this
council.

22. Conclusion
 49

The several changes introduced through the Act of 1858 were formally
announced through a proclamation of Queen Victoria. The Queen felt that such a
document should, lead to feeling of generosity, benevolence and religious toleration. It
assured the native princes their rights, dignity and honour. This would pacify them and
would create them act as a reactionary block against any progressive force raising its
head against the British rule.

Questions
1. What are the reasons for enactment of Regulating Act of 1773?
2. What are the changes, effects and defects introduced through regulating act in
England?
3. Explain the status of Indian administration during the rule of East India Company
4. Write an essay on the Legacy of British in India.
5. Describe the nature of Civil Service during British period.

Lesson 5
 50

Administrative Development after Independence

India became independent in August 1947 with the end of the British rule. A new
Constitution was framed and adopted on January 26, 1950 and India became a
Republic. The pertinent question is what was the new republic like? and what was
handed over by Britishers along with the power’? The answer of these questions can be
found easily during the period British governed the country by establishing various
institutions. Though Indians were very happy to get rid of the colonial rule it was soon
realised that the governmental system and administrative apparatus developed by the
Britishers was capable of meeting all the needs of the country, therefore, the same
administrative system was maintained even after independence, of course, with some
changes as per the requirements of the time.

The main features of the British governmental and administrative system, like
parliamentary form of government, federal structure, governors in the states,
secretariat system, central and state administration. Civil Services, District and
Regional administration, the procedures of work, Rule of law, and Local government,
etc. continue to be the main points of the present Indian administrative system.

We will see the different phases that evolved in nutshell and finally we will see an
elaborate indianized administrative system since independence.

Evolutionary Phase (1947-1969)

This period saw the evolution of the civil service not only the All India Service (AIS) but
also into various central services like Indian Audit and Accounts Service, Indian Audit
Service. Paul H Appleby carried out in-depth analysis of public administration. Appleby
report led to creation of Organization and Methods Division in Cabinet Secretary’s
Office and publication of the first Manual of Office Procedure The 1960s saw
inadequacy of bureaucracy in facing challenges of developmental activities. So need
felt for a fresh look into all aspects of administration- setting up of first Administrative
Reforms Commission (ARC) in 1966. The 1st ARC was mandated for making public
 51

administration a fit instrument for carrying out the social and economic goals of
development and also making administration responsive to people.
The First Administrative Reforms Commission was initially Chaired by Morarji R
Desai, MP, and later on K.Hunmanthaiya, M.P became its chairman when Morarji R
Desai, MP, became the Deputy Prime Minister of India. In the period between 1966 and
1970, 1st ARC gave 20 Reports containing 580 recommendations The evolutionary
phase ends with submission of Reports of 1 st ARC in 1970.

Experimental Phase (1970-84)

The implementation of large number and sometimes sweeping changes
recommended by 1st ARC took almost a decade. Department of Administrative
Reforms and Department of Personnel created Desk Officer system introduced in
secretariat functioning Performance budgeting technique introduced in Central
Ministries.
The principle in delegation of financial rules introduced Introduction of single
financial adviser in Ministries/ Departmentalization of accounts Setting up of D/O
Personnel and Administrative Reforms at State Government level Emphasis on training
of Civil servants.

Transitional Phase (1984-91)

Traditional phase saw the introduction of the concept of Annual Action Plan (AAP)
for all Ministries and Public Enterprises. The system of Memorandum of Understanding
(MoU) for Public Enterprise which was actually its AAP Time limit fixed for inter
Ministerial consultation for notes for Cabinet Structured Training Programme for Civil
servants at various levels- 6 to 9 years of service - Programme Implementation; 10-16
years of service- Management Concepts and Decision Making Techniques; and 17 to
20 years of service- Policy Planning and Analysis National Informatics Centre (NIC) set
up. Efforts Made to make computers an integral part of Government Offices. Sarkaria
Commission on Centre - State Relations strongly supported AIS and stated that any
move to disband AIS or permit any State Government to opt out of the scheme harmful
and retrograde in the interest of the nation.
 52

Reformist Phase (1991-1995)

Economic reforms started to meet the financial stresses. industrial policy
reforms was introduced in 1991. 73rd and 74th Amendments of the Constitution
empowered local self governments in both rural and urban areas.

Mainstreaming Phase (1996- Present)

Good Governance-empowerment of citizens by way of electing into local
administration agencies for more effective delivery of public services Citizens 'charter
and Right to Information Act. Grievance Redressal machinery was set up in many
organizations. E-Governance is made an integral part of Good Governance.

2nd Administrative Reforms Commission (2nd ARC)

2nd ARC constituted in 2005 suggested measures for a various gamut of

Governance issues and it finished its term in 2009. The 2nd ARC was initially set up
under the Chairmanship of Mr. Veerappa Moily, who resigned with effect from 1st April
2009. He was succeeded by V. Ramachandran.
The 15 Reports submitted by ARC are:
1. Right to Information: Master key to Good Governance
2. Unlocking human capital: Entitlements and Governance-a Case Study
3. Crisis Management: From Despair to Hope
4. Ethics in Governance
5. Public order: Justice for each ….Peace for all
6. Local Governance
7. Capacity Building for Conflict Resolution - Friction to Fusion
8. Combating Terrorism
9. Social Capital-A Shared Destiny
10. Refurbishing of Personnel Administration-Scaling New Heights
11. Promoting e-Governance-The Smart Way Forward
12. Citizen Centric Administration- The Heart of Governance
13. Organizational Structure of Government of India
14. Strengthening Financial Management Systems
 53

15. State & District Administration

Recommendations of 2ndARC fall in two groups: the first set- changes for
administrative structures/processes/techniques 2 nd
set- a number of issues to be examined by Government- for implementation of
suggested changes need strong political will and sustained political guidance at the
highest level.

Institutional Mechanism
In order to expedite the implementation of accepted recommendations of 2 nd ARC, CoS
in its meeting held on 06.11.2012 approved the proposal of DARPG to set up a
Committee by respective Central Ministries /Departments/States/UTs under the
chairmanship of concerned Secretary/ Chief Secretary/ Administrator to monitor their
implementation.
Many Central Ministries / Departments/ States /UTs have set up such Committees.
Questions
1. Explain the various phases of administrative development after Independence.
2. Discuss the 1st and 2nd Administrative Reform Commission and its recommendations.
 54

Lesson 6
PUBLIC ABMINISTRATION and CONSTITUTION

This envirnoment and situation changed suddenly with the coming of independence.
The most important new factor was the emergence of the Indian politician as an
effective ruler. The civil servants at the top of the administrative apparatus no longer
acted as representatives of the English Crown, but had to act as servants of Indian
Ministers. This could have meant a very large change in the situation of civil servants
and in the functioning of the administrative system. However, in effect, this change was
insignificant. Partly it was due to the fact that the Indian statesmen, even Jawahal Lal
Nehru, were not anxious to affect adversely the prestige and the commanding position
of the administrative system and particularly of the top operators. Nehru did not
evidently want to change the position of members of the Indian Civil Service in any way
and they were guaranteed, like princes, a number of privileges. Even so, the exercise of
political power by Ministers and later on by legislators eroded gradually the privileged
positions of the top civil servants, and they had to learn more and more the art of
managements of their political masters. The change in relations between the highest
civil service cadres and other elements of administration was thus gradual.
The extremely important aspect of the changed situation was that the civil servant
could no longer look upon himself as an outsider or respresentative of an outside
authority. He began by slow degrees to function more and more as part of the Indian
society. The distinction of ruler-ruled did not become completely blurred but the
involvement of the civil servants in public affairs, in particular groups, or interests his
affiliations with regions and castes came more obviously to the surface. However, even
today the transition period has not been completed and in a large part vestiges of the
older bureaucracy linger on.
Today, the ‘generalist’ i.e. the Indian civil servant and his successor, the I.A.S., still
completely dominate the scene. There is an enormous concentration of power on top;
in this ladder new elements of specialist or managers of business still rank low in
prestige and authority. The I.C.S. and the I.A.S. still function with an exclusive status in
the administration. The attitudes of the public towards officials and of the officials
 55

towards the public are still coloured largely by the older psychology of antogonism and
this has had adverse effect in the context of the plans of development.
The British concepts of the single British District Officers or Collector, co-ordinating all
authority in all departments over an entire area in his hands still continous to be an
important feature of the local administrative structure and colours the whole of its
operation.
The civil service enjoys very effective power today. However, an extremely important
aspect is that the older combination of power and responsibility are no longer to be
found. In the older regime when power and responsibility when power vested largely in
their hands, the senior group of members of the civil service also accepted
accompanying responsibility. They wre responsible ultimately to the Corwn for proper
management of Indian affairs and always behaved with a full sense of responsibility.
Today the civil servant no longer feels responsible in this manner because power is
supposed to reside in any directly wielded by the political Minister. The curious
situation that exists at present is, therefore, that while the actual day-to-day exercise
of the power rests in the hands of the civil servant, the civil servant no longer feels any
overall responsibility. This he feels rests with the Ministers who exercise if fitfully
largely on the advice of the civil servants themselves. However, as this exercise,
epecially in relations to personal or party matters may be on considerations other than
those accepted by the civil servant or put forward by him, the advice is likely to be
discharged in some contexts and occasions. This change seems to have relieved the
civil servant of any feeling of carrying the overall burden of administration. The
informal operations of a group of top civil servants as generally looking after the total
situation has, therefore, vanished and the cabinet or an inner group of Ministers have
not take over this function in any perfect effective manner.

As against this, one has to consider the relevance and apporpriateness of the present
state of administration arrangement India to the specific requirements of the effort at
planned economic development. Apart from the result of transition to selfrule after
independence, it is planned economic development that has added enormously to the
dimensions of Government effort. The activities of Government have increased
tremendously both in width of coverage and in depth and intensity. The direct
responsibilies that Government now undertakes cover large fields of social and
 56

economic life. Government takes upon itself the responsibility of erecting the structure
of public services and utilities required for development of a modern industrial society
and of continuously maintaining that structure. It undertakes in addition a large variety
of welfare activities and conducts a large number of industrial production businesses
which are basic to the industrial structure. Government occupies large sections of
trading and it tries to regulate many other aspects of social and economic life. The
number of administration at various levels required in Government service has
increased enormously and the qualifications needed by them have become extremely
varied. The contrast with the situation in, say, 1939 is extremely glaring.
Not ony has the sphere of direct Government activity and of official regulation of socio-
economic activity immensely widened but also the conduct of operations has become
extremely detailed. The task undertaken by government, of the transformation and
activization of rural economic society, is in itself immense. This is effect means
operating on the millions of small dispersed units of farming and other rural activites.
Development of agriculture and its improvement are essentially specialised tasks which
must be performed in relation to every locality. In British times, in some States the
collection of revenue was related to maintenance of detailed village records and village
officials. However, in the landlords provinces the rural administrative structure was
very rudimentart. Looking at the area of the landlords provinces and of the Indian
States, it may be said that for the large part of the country an administrative structure
for regulating or directing activities of individual local communities was not available at
the time of independence. This had to be constructed, widened and strengthened.
Apart from undertaking multifold activities and activizing or regulating economic life all
over the country, planning requires continuous maintenance of a long-term and co-
ordinated direction of socio-economic development. This is both a highly important and
difficult function which has become all the more important and complicated because of
the large size, the diversity and the federal political structure of the country.
Administration has to be geared all these ends.
It will thus be seen that very large ground has yet to be covered as between the highly
limited Government activity of British times for which the particular structure was
fashioned and the requirements of the administrative system of the planned
development today.
 57

It must, in the first instance, be recognized that Indian administrative system has
grown rapidly, adapted itself partially to the changed situation and tried to meet the
large manifold new requirements. Inefficiency and corruption has not mitigated but on
the whole there has been no breakdown of the system. However, huge problems
remain unsolved and need urgent attention.

The Constitution and Public Administration

The Constitution of India is an elaborate document going beyond a mere description of
basic organs of governance and their functions and relationships. It is also a sort of
administration hand-book, delineating the matters of administrative concern. It
prescribes the mode of creating additional all-India services and already recognises the
Indian Administrative Service and India Police Service as two all-India services (The
Indian Forest Service was added later). It dwells on matters like recruitment a and
conditions of service of persons serving the Union or a state, tenure of office of public
servants, dismissal, removal or reduction of rank of public personnel.
The initiative for the creation of al-India services lies with the Rajya Sabha. This
chamber has to pass a resolution by not less than two-thirds majority of those present
and voting for the creation of one or more all-India services. With this lead, Parliament
has to pass a law providing for their creation. The provision regarding the all-India
services is made under Article 312 Article 311 of the Constitution concerns all the
members of the civil service and relates to their dismissal, removal or reduction in
rank. This Article guarantees that no civil servant is to be dismissed or removed or
reduced in rank except after an inquiry in which he has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of those
charges. It is this constitutional provision, which is viewed as conferring excessive
security of service to civil servants. According to a recent judgment of the Supreme
Court, its severity has been toned down, already referred to in an earlier chapter.
Besides, the Constitution of India enumerates a few bodies whose rationale may be
explained in terms of the society's solemn determination to impart the highest
measure of status and prestige to them. The Constitution contains provisions to enable
them to function independently and impartially, and to remain uninfluenced by the
Executive.
 58

The Constitution of India, as approved by the Constituent Assembly of India,

established the following authorities:
1. Comptroller and Auditor-General of India
2. Union (and State) Public Service Commission
3. Election Commission
4. Attorney General of India
5. Commissioner for Scheduled Castes and Scheduled Tribes.
Today (2000), the constitutionally-anointed bodies are much more and the more
important ones are listed below:
1. Union Public Service Commission
2. Comptroller and Auditor -General of India
3. Election Commission
4. Attorney General of India
5. National Commission for Scheduled Castes and Scheduled Tribes
6. Administration Tribunals (Art. 323 and Art. 323B)
7. Commission for Linguistic Minorities in India
8. Finance Commission
9. State Finance Commission

10. National Commission for Women

11. National Commission for Backward Classes.
Their functions are explained as follows:
To depoliticise the process of recruitment and selection of candidates, their promotion
and to ensure objective punishment, a public service commission has been envisaged
in many countries, especially those influenced by British administrative practices, India
being one. The Union Public Service Commission is a multi-member body, which is
deliberately designed to act independent of the executive, and function impartially. The
Commission is a recruitment body for public services consulted also in promotion and
disciplinary cases against civil servants according to prescribed regulations and for
specified categories of services. The function of recruitment is carried out by taking
recourse to two methods-by holding competitive written examinations and by holding
interviews. The Constitution provides for a public service commission at the state level
 59

also. There are non-governmental but similarly independent commissions for the
recruitment of subordinate staff.
The Comptroller and Auditor-General of India is another pillar of democracy in India. He
is appointed by the President of India under his hand and seal. The following
constitutional provisions seek to safeguard the independent functioning of the
Comptroller and Auditor - General of India:
1. The CAG can be removed from office only on grounds of proven misbehaviour or
incapacity after an address by both the houses of Parliament.
2. His salary and other conditions of service cannot be varied to his disadvantage after
he is appointed.
3. He is not eligible for further office under the Government of India or of any state
after he quits office.
4. His administrative powers and conditions of service of persons serving in his
department are prescribed by rules made by the President only after consulting him.
5. The administrative expenses of his office are 'charged'
upon the Consolidated Fund of India and as such are not subject to vote of Parliament.
The CAG audits the accounts and transactions of the government of India and the state
governments. This audit covers the following aspects:
1. audit of expenditure
2. audit of receipts
3. audit of stores and stocks
4. certification audit
5. audit of commercial accounts
6. audit of autonomous bodies and authorities
Elections are to democracy as oxygen is to life. It is of the utmost value the elections
must be free and fair. To ensure this, the Constitution envisages the Election
Commission under whose superintendence and control, elections to Parliament and to
state legislature as well as of President and Vice-President of India are held. The
Election Commission consists of a chief election commissioner and such other
commissioners as may be appointed by the President. It has three commissioners at
present.
 60

The Commissioner for Scheduled Castes and Scheduled Tribes set up under Article 338
of the Constitution was replaced in 1990 by the National Commission for Scheduled
Castes and Scheduled Tribes. It is a multi-member body, appointed by the President
under his hand and seal. The National Commission for Scheduled Castes and Scheduled
Tribes investigates and monitors all matters relating to the safeguards provided for the
Scheduled Castes and Scheduled Tribes under the Constitution or any other law and
makes recommendations for their socio-economic development. The National
Commission submits an annual report to Parliament.
In 1976, the Constitution was amended to provide for the establishment of
administrative tribunals to adjudicate disputes and complaints with respect to
recruitment and conditions of service of public personnel. But it was in 1985 that the
Central Administrative Tribunal was fist set up. Its functions are to attend to disputes
concerning recruitment and conditions of service of members of the all-India service
and central services. The Central Administrative Tribunal is a multi-member body
having membership drawn from both judicial and administrative backgrounds.
The Attorney-General of India is appointed by the President to give advice to the
Government of India upon such legal matters and to perform such other duties of a
legal character as assigned to him by the Constitution. The Attorney - General holds
office at the pleasure of the President.
Article 350B of the Constitution, incorporated in 1956, provides: There shall be a
Special Officer for Linguistic Minorities to be appointed by the President’. The Special
Officer investigates all matters relating to the safeguards provided for linguistic
minorities under the Constitution and reports to the President upon such matters at
such intervals as the President may direct.
The Finance Commission is set up every five years to recommend division of revenue
between the Union and the states and to suggest principles, which should govern
grants to the latter.
While the Constituent Assembly recommended revenue sharing between the Centre
and the states, is did not feel the need for this kind of partnership between the state
government and its local bodies. The symmetry was completed in 1992, with the
passage of the 73rd and 74th constitutional amendments. These amendments provide
for a state finance commission, with the mandate to recommend revenue-sharing
 61

between the state government and the local government -both rural and local. The
state finance commission is appointed every five years. Its report is required to be
considered by the National Finance Commission.
Mention here needs to be made of two other institutions which though are not
articulated in the Constitutions but are important in India's quest for social equity.
These are statutory bodies and are discussed be below.
The National Commission for Women Act, 1990 established the National Commission
for Women in 1992. Headed by a chairperson, it has six other members, including a
member-secretary. All the members, including the chairperson, are women. The
functions entrusted to this body are many. It undertakes the examination of legal
safeguards for women under the Constitution and other laws, and makes
recommendations for their effective implementation. It looks into complaints and take
suo moto notice of matters relating to deprivation of women's rights and takes up the
issues with appropriate authorities. It inspects jails, remand homes, etc., where women
are kept under custody and suggests remedial action. Besides, it advises on the
planning process of socio-economic development of women and evaluates the progress
made.
In 1993, Parliament passed the National Commission for Backward Classes Act to set
up a permanent body at the Centre to entertain, examine and recommend upon
requests for inclusion and complaints of over-inclusion and under-inclusion in the list of
OBCs (other backward classes) in accordance with the directions of the Supreme Court.
The National Commission for Backward Classes has been in existence since August
1993.
Only standing bodies enshrined in the Constitution are described here. No account,
therefore, is taken of bodies like the Official Language Commission and the Backward
Classes Commission which have been set up from time to time.

Questions

1. Critically examine the development of administration since independence

2. Discuss public Administration and Constitution
 62

UNIT II

Lesson 7

FEATURES OF INDIAN ADMINISTRATION

The administration of independent India became the tool for achieving the objectives
laid down in our constitution which came into force on January 26, 1950.

The Indian administration stands committed to enforce the lofty ideals of social,
economic, political justice along with equality, liberty, unity and fraternity laid down in
the preamble of the constitution.

1. Colonial Legacy

Indian administration has a long historical background from Indus valley civilization
upto british colonialism. Therefore the Indian administrative system of today is a
product of two different sets of influences; the British colonial administrative traditions
and the ideals of democratic welfare state which was constitutionally adopted in India
after Indian independence.

The Indian administration is modeled on the British system in many ways. Even today
the units of administration remain unchanged like division, district, sub-division, and
Tehsil. An administrator has the right to look after all these administrative units from
division to tehsil, and these officers respectively were called ‘Commissioner’, Collector,
Sub-Divisional Officer (SDO) and Tehsildar.

2. Uniformity in Administration

One of the distinctive feature of the Indian administrative system is the remarkable
measure of uniformity that prevails through administration in all the states of India.
 63

Right from the level of the village to the state administration, the ame general features
are visible in their organizations.

The land revenue administration, health administration, educational administration,

police administration etc. have been carried out in the states on the pattern which
prevails at the centre.

3. The important feature of Indian administration is administrative reforms. The need for
improving the administrative machinery of government in any political system is
universally admitted.
4. The appointment of the administrative reforms commissions in 1966 and 2005 are
important landmark in the history of administrative reforms in our country.

Developing features of the Indian Administration

1. Political Neutrality in Administration

2. Welfare Administration
3. Development Administration
4. Reservation System
5. Administrative Tribunals
6. Generalists Vs. Specialists
Modern Features of the Indian Administration

1. Democratic Decentralization
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 Municpal Corporations and
Municipal Committees.

These llok after some of the important local services and provide for school, parks,
roads, garbage disposal, etc.

There is also a three tier structure of the Panchayati Raj Institution going right down to
the village levels. These institutions help to percolate democracy to grass root level in
Indian Administration.
 64

2. Independent Judiciary
Our constitution has established an independent judiciary free from the influence of
executive and legislative. The judges of the Supreme Court and High Courts once
appointed cannot be removed from services by the executive before the age of
retirement. In India, Judicial review is practiced.

3. 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.

4. E-Governance
Indian administration has also adopted and incorporated this E-Governance into its
system. E-Governance is “Anytime , Anywhere”. The objective of E-Governance is to
offer all government related services ‘ONLINE”. The early introduction of egovernance
system has helped immensely during COVID 19 Pandemic situations.

5. Right to Information
In the context of government functioning in the present era of economic liberalization,
“ openness’ means giving everyone the right tot 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.

6. Increasing powers
Over the years there has been enormous growth in the powers, functions, and
influence of the civil services. 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.

Questions
 65

1. Explain the features of Indian Administration

Lesson 8

CONSTITUTIONAL FRAMEWORK OF INDIA

India has adopted parliamentary democracy or the Westminster model, in which the
executive is drawn from and is accountable to Parliament. This form of government
prevails at the provincial or state level also.

The Constitution of India provides for a Parliamentary form of Government, which is

federal in structure with certain unitary features.

Broadly, the governance structure in India can be depicted as follows:

Transparency, accountability and adherence to the rule of law depends on a systemic

arrangement and coherency between the three arms of the state, viz, the Executive,
the Legislature and the Judiciary. The Constitution of India provides for a system of
governance based on the above-mentioned three arms within a federal framework with
greater powers in the hands of the Union Government or Government of India or the
Central Government (also referred to as the "Centre"), which governs the Union of India
as a whole.
 66

Legislature
In India, the Parliament is the supreme legislative body. As per Art 79 of the
Constitution of India, the Council of Parliament of the Union consists of the President
and two Houses, which are known as the Council of States (Rajya Sabha) and the House
of People (Lok Sabha). The President has the power to summon either House of the
Parliament or to dissolve the Lok Sabha. Each House has to meet within six months of
its previous sitting. A joint sitting of two Houses can be held in certain cases.

The cardinal functions of the Legislature include overseeing of administration, passing

of budget, ventilation of public grievances and discussing various subjects like
development plans, international relations and national policies. The Parliament is also
vested with powers to impeach the President, remove judges of the Supreme Court and
High Courts, the Chief Election Commissioner, and the Comptroller and Auditor General
in accordance with the procedure laid down in the Constitution of India. All legislations
require the consent of both the Houses of Parliament. The Parliament is also vested
with the power to initiate amendments in the Constitution of India.

Executive
The President serves as the Executive Head of the State and the Supreme Commander-
in-Chief of the armed forces. Article 74(1) of the Constitution of India provides that
there shall be a Council of Ministers, with the Prime Minister as its head to aid and
advise the President.

The President appoints the Prime Minister, Cabinet Ministers, Governors of States and
Union Territories, Judges of the Supreme Court and High Courts, Ambassadors and
other diplomatic representatives. The President is also authorised to issue Ordinances
with the force of the Act of Parliament, when Parliament is not in session.

The President must consult the Council of Ministers and the Prime Minister before
taking any executive decision. It is important to note that the Council of Ministers
(usually known as the "Cabinet" and constituted of the members of the ruling political
party/ alliance) and the Prime Minister (usually the leader of the political party/
consensus candidate of the alliance; also heads the Cabinet) are members of
 67

Parliament and, therefore, by convention, in their hands rest the legislative and
executive powers of the Centre.

The federal units, ie, the States, have their own set-up in terms of legislatures
(normally referred to as the "State Legislature") and state administrative wings similar
to that of the Centre. Here, the Governor is the head of the Executive, though the real
power rests with the Chief Minister and his/her Council of Ministers. There are certain
territories in India that are not States, but are known as Union Territories and these are
governed directly by the Centre.

The Constitution of India prescribes the separation of legislative and administrative

powers between the Union and the States. Areas such as, defence, railways, maritime,
interstate trade, airways, banking, etc, are under the jurisdiction of the Centre (Union
List) and areas such as public order, police, agriculture, etc, fall under the jurisdiction of
the States (State list). There is a third category of list also which is termed as the
Concurrent List. It covers areas such as criminal law and procedure, economic and
social planning, trusts, bankruptcy, etc, over which both the Centre and the States
have legislative and executive powers, though in case of conflict between the two, the
Centre's position prevails.

Judiciary
The Indian Judiciary as of today is a continuation of the British legal system established
by the English in the mid-19th century. Before the arrival of the Europeans in India, it
was governed by laws based on the Arthashastra, dating from 400 BC, and the
Manusmriti from 100 AD. These were the influential treatises in India, texts that were
considered authoritative legal guidance, however, till today the legacy of the British
system is manifested from the fact that India falls into the genre of common law
system. The procedure and substantive laws of the country, the structure and
organisation of courts, etc, emanate from the common law system.

The Judiciary of India is an independent body and is separate from the Executive and
Legislative organs of the Indian Government. The Judiciary in India provides the people
of the nation the necessary "auxiliary precaution" required to ensure that the
 68

Government functions in favour of the people, for their amelioration and for the
betterment of society.

The judicial system of India is divided into four basic levels. At the apex level is the
Supreme Court, situated in New Delhi, which, under the scheme of the Constitution of
India is the guardian and interpreter of the Constitution of India, which is followed by
High Courts at the State level, District Courts at the district level and Lok Adalats at the
village and panchayat level. The Supreme Court and High Courts have the special
constitutional responsibility of enforcing the "Fundamental Rights" of the citizen, as
enshrined in Part III of the Constitution.

Below is a schematic representation of the hierarchy of courts in India:

Supreme Court
The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive
original jurisdiction includes any dispute between the Centre and State(s) or between
States as well as matters concerning enforcement of fundamental rights of individuals.
The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted
by the High Court concerned in respect of any judgment, decree, or final order of a
High Court, in both civil and criminal cases, involving substantial questions of law as to
the interpretation of the Constitution. Supreme Court decisions are binding on all
Courts/ Tribunals in the country and act as precedence for lower courts. Under Art 141
 69

of the Constitution, all courts in India are bound to follow the decision of the Supreme
Court as the rule of law.

High Courts
High Courts have jurisdiction over the States in which they are located. There are at
present, 23 High Courts in India. 1 However, the following three High Courts have
jurisdiction over more than one State: Bombay (Mumbai) High Court, Guwahati High
Court, and Punjab and Haryana High Courts. For instance, the Bombay High Court is
located at Mumbai, the capital city of the State of Maharashtra. However, its jurisdiction
covers the States of Maharashtra and Goa, and the Union Territories of Dadra and
Nagar Haveli. Predominantly, High Courts can exercise only writ and appellate
jurisdiction, but a few High Courts have original jurisdiction and can try suits. High
Court decisions are binding on all the lower courts of the State over which it has
jurisdiction.

District Courts
District Courts in India take care of judicial matters at the District level. Headed by a
judge, these courts are administratively and judicially controlled by the High Courts of
the respective States to which the District belongs. The District Courts are subordinate
to their respective High Courts. All appeals in civil matters from the District Courts lie to
the High Court of the State. There are many secondary courts also at this level, which
work under the District Courts. There is a court of the Civil Judge as well as a court of
the Chief Judicial Magistrate. While the former takes care of the civil cases, the latter
looks into criminal cases and offences.

Lower Courts
In some States, there are some lower courts (below the District Courts) called Munsif's
Courts and Small Causes Courts. These courts only have original jurisdiction and can try
suits up to a small amount. Thus, Presidency Small Causes Courts cannot entertain a
suit in which the amount claimed exceeds Rs 2,000. 2 However, in some States, civil
courts have unlimited pecuniary jurisdiction. Judicial officers in these courts are
appointed on the basis of their performance in competitive examinations held by the
various States' Public Service Commissions.
 70

Tribunals
Special courts or Tribunals also exist for the sake of providing effective and speedy
justice (especially in administrative matters) as well as for specialised expertise
relating to specific kind of disputes. These Tribunals have been set up in India to look
into various matters of grave concern. The Tribunals that need a special mention are as
follows:

 Income Tax Appellate Tribunal

 Central Administrative Tribunal
 Intellectual Property Appellate Tribunal, Chennai
 Railways Claims Tribunal
 Appellate Tribunal for Electricity
 Debts Recovery Tribunal
 Central Excise and Service Tax Appellate Tribunal

For instance, the Rent Controller decides rent cases, Family Courts try matrimonial and
child custody cases, Consumer Tribunals try consumer issues, Industrial Tribunals
and/or Courts decide labour disputes, Tax Tribunals try tax issues, etc.

It also needs special mention here that certain measures like setting up of the National
Company Law Tribunal (NCLT) to streamline and effectuate the liquidation proceedings
of companies, dispute resolution and compliance with certain provisions of
the Companies Act, 20133 are also in the pipeline.

Alternate Dispute Resolution (ADR) in India

An interesting feature of the Indian legal system is the existence of voluntary agencies
called Lok Adalats (Peoples' Courts). These forums resolve disputes through methods
like Conciliation and Negotiations and are governed by the Legal Services
Authorities Act, 1987. Every award of Lok Adalats shall be deemed to be a decree of
a civil court and shall be binding on the parties to the dispute. The ADR mechanism has
proven to be one of the most efficacious mechanisms to resolve commercial disputes of
an international nature. In India, laws relating to resolution of disputes have been
amended from time to time to facilitate speedy dispute resolution in sync with the
changing times. The Judiciary has also encouraged out-of-court settlements to alleviate
 71

the increasing backlog of cases pending in the courts. To effectively implement the
ADR mechanism, organisations like the Indian Council of Arbitration (ICA) and the
International Centre for Alternate Dispute Resolution (ICADR) were established. The
ICADR is an autonomous organisation, working under the aegis of the Ministry of Law &
Justice, Government of India, with its headquarters at New Delhi, to promote and
develop ADR facilities and techniques in India. ICA was established in 1965 and is the
apex arbitral organisation at the national level. The main objective of the ICA is to
promote amicable and quick settlement of industrial and trade disputes by arbitration.
Moreover, the Arbitration Act, 1940 was also repealed and a new and effective
arbitration system was introduced by the enactment of The Arbitration and Conciliation
Act, 1996. This law is based on the United Nations Commission on International Trade
Law (UNCITRAL) model of the International Commercial Arbitration Council.

Likewise, to make the ADR mechanism more effective and in coherence with the
demanding social scenario, the Legal Services Authorities Act, 1987 has also been
amended from time to time to endorse the use of ADR methods. Section 89 of the Code
of Civil Procedure, as amended in 2002, has introduced conciliation, mediation and pre-
trial settlement methodologies for effective resolution of disputes. Mediation,
conciliation, negotiation, mini trial, consumer forums, Lok Adalats and Banking
Ombudsman have already been accepted and recognised as effective alternative
dispute-resolution methodologies.

A brief description of few widely used ADR procedures is as follows:

1. Negotiation: A non-binding procedure in which discussions between the parties are

initiated without the intervention of any third party, with the object of arriving at a
negotiated settlement of the dispute.
2. Conciliation: In this case, parties submit to the advice of a conciliator, who talks to the
each of them separately and tries to resolve their disputes. Conciliation is a non-
binding procedure in which the conciliator assists the parties to a dispute to arrive at a
mutually satisfactory and agreed settlement of the dispute.
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3. Mediation: A non-binding procedure in which an impartial third party known as a

mediator tries to facilitate the resolution process but he cannot impose the resolution,
and the parties are free to decide according to their convenience and terms.
4. Arbitration: It is a method of resolution of disputes outside the court, wherein the
parties refer the dispute to one or more persons appointed as an arbitrator(s) who
reviews the case and imposes a decision that is legally binding on both parties. Usually,
the arbitration clauses are mentioned in commercial agreements wherein the parties
agree to resort to an arbitration process in case of disputes that may arise in future
regarding the contract terms and conditions.

While the judicial process is largely considered fair, a large backlog of cases to be
heard and frequent adjournments result in considerable delays before a case is
decided. However, matters of priority and public interest are often dealt with
expeditiously and interim relief is usually allowed in cases, on merits.

Questions

1. Bring out the constitutional framework in India

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Lesson 9
FEATURES OF FEDERALISM

Federal Structure
The federal structure of the Indian Constitution has its roots in the Government of India
Act of 1935. The Constitutional history of India shows, that the Act of 1919 mentioned
‘transferred’ subjects which were entrusted to ministers of provinces accountable to
elected provincial legislatures, and ‘reserved’ subjects meant for officials under the
Governors. Thus, a ‘dyarchy’ system was the main characteristic of the Act of 1919,
sowing the seeds of division of subjects between provinces and centre.

The Government of India Act 1935, added three contributions to the political
development in the country: these were: first, it established a full responsible
government in the provinces, second, it contained a list of division of powers between
provinces and the centre, third, it established a Federal Court. The Act of 1935
provided in its 451 clauses, a model for the Indian Constitution of 1950. Thus, the type
of federation we have adopted in our Constitution, is a British legacy.

The word federation has not been used in the constitution of india, rather word ‘union’
has been used which is more hear to Unitary. But we have more features of federalism.
That is why many scholars call India as quasi-federal and quasi unitary. Some criticize
“federal in structure and unitary in Character”.
However, we will see the common feature of federalism

The following are the features of federalism:

1. Written Constitution
2. Rigid Constitution
3. The Supremacy of Constitution
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4. Dual Polity
5. Division of power between centre and state
6. Supremacy of Judiciary
7. Double citizenship
8. Double Constitution
These are the characteristics and features of federalism of an ideal federal government
but all of these characteristics may not be found in every federal state as every country
has its own model of the federal government.

Though India is a federal country it does not have double citizenship and double
constitution as like the USA. Even the division of powers between the centre and state
lopside with centre and the recent practices of centre has started usurping state
powers. Concurrent powers enumerated in the Indian constitution clearly says that in
case any difference bound to arise, the state has to follow the what the centre dictates.
And also, the residuary powers goes with the centre government, whereas in the USA,
the residuary powers are vested with the state government.
FEATURES OF INDIAN FEDERALISM
1. Written Constitution
Indian constitution fulfills the basic condition of a federal country that is Written
Constitution which is housed with 448 articles and 12 schedules and 26 parts.
The framers of the constitution have given a written form even to the minutest details
so that there may be the least possibility of disputes between centre and state.

2. Rigid Constitution
The constitution of India is also rigid, two methods have been mentioned in Article 368
for making amendment in the constitution.
According to the first methods, the 2/3 rd majority of members of parliament of the
present can amend the constitution.
Followed by the state legislative assemblies should ratify. At least half the state should
ratify for any amendment to the constitution.
3. The supremacy of the constitution
The principle of supremacy of the constitution has been followed in India which the core
principle of federalism. Any law passed by either the Union Parliament or State
Legislature against the basic structure of the constitution, shall be declared
unconstitutional.
4. Dual polity
In a federal form of government, there is a dual polity such as union government and
state government and the constitution of India provides for dual set of government.
 75

Under article 1 of the constitution, India has been declared as “Union of States” and at
present, it consists of 28 sttes and 9 union territories. There is one union government
for the whole of India and states have their separate government which makes use of
powers entrusted to them by the constitution.

5. Supremacy of the Judiciary

In a federal system, the judiciary is granted supremacy for the protection and
interpretation of the constitution and for settling disputes between the centre and
states.

FACTORS TOWARDS CENTRALIZED FEDERALISM IN INDIA

1. The history of India bears testimony to the fact that whenever the central government
became weak, we became slaves. The people remained dividing due to mutual
conflicts. So, the framers of the Indian constitution did not want to repeat such a
mistake again.
2. For the protection of external sovereignty

There has been a danger to the external sovereignty of India at all times: such as
Pakistan attacked India in 1948
China attacked India in 1962
Again Pakistan attacked India in 1971
Kargil War in 1998
Chinese incursion into Docklam in 2018
Galwan Valley border tension 2020
3. For the balanced progress
The economic condition of India had worsened much due to a long period of slavery.
Agriculture and cottage industries were completely destroyed. So there was the need
for reconstruction of the economy. For this, centralized planning and uniform policies
were required by a strong central government.
Due to these reasons, there is centralized federalism in the constitution.

Questions
 76

1. Elucidate the features of federalism

2. Discuss the factors towards centralization of federalism in India

Lesson 10

Parliamentary Democracy

Another important feature of our Constitution is the establishment of a

parliamentary system of government both at the centre and in the states. In a
parliamentary system of government the executive is responsible to the Parliament
and not to the President. It creates a strong centre and vests the constituent and
residual powers of legislation in central legislature called Parliament.

The reasons behind adoption of a parliamentary democracy are two: Firstly, our
past experience is working with parliamentary system during the British rule and
secondly, the parliamentary system of government harmonises with the demand for 'a
strong centre which the Presidential system with divided auth'ority does not. In the
Parliamentary system of government, the executive and legislature are not
independent of each other, instead the executive is a part of the legislature an4
therefore, unlike in a Presidential system, conflicts are less likely to arise between
them.

Numerous nations around the world follow the parliamentary system of

government. The parliamentary system is a democratic government. In this
government, a coalition of political parties with the greatest representation in
Parliament form the nation’s governing body. Below are ten features of the
parliamentary system that describe this popular form of democracy.
 77

Ten Features of the Parliamentary System

1. The first of the ten features of the parliamentary system of government is the
supremacy of its legislative branch in the UK and some more countries but in India
supremacy of Constitution is exercised in the parliamentary form of government. This is
its defining feature. The legislative branch conducts its business through a unicameral
(one house) or bicameral (two houses) Parliament. This group is composed of
representatives or members that are elected by citizens of the country. The primary job
of members of Parliament is to create and pass laws.

2. The parliamentary system of government, unlike the presidential system, creates a

divide between the roles of Head of Government and Head of State. Rather than
citizens, members of Parliament elect the Prime Minister, who is the Head of
Government. The Prime Minister oversees Parliament. This creates an overlap between
the legislative and executive branches of government. The Head of State in a
parliamentary system is largely a symbolic role. Hereditary monarchs typically have
this role reserved.
3. The Prime Minister has no official term length. Thus, so long as Parliament is satisfied,
the Prime Minister remains in position. Should it ever be called for, members of
parliament will use a majority vote known as a “vote of no-confidence” in order to
remove a Prime Minister from office.
4. Majority vote of Parliament passes laws. Then, they are then signed into legislation by
the President, who does not have veto power. This is contrary to the presidential
system. In the case of disagreement, the President can return a bill to Parliament.
However, a majority vote by Parliament can veto that return.
5. In most parliamentary systems of government, there is a Supreme Court that
can declare a law as unconstitutional. This would be done if it were to pose violations
against the nation’s constitution. However, some countries, such as Great Britain and
New Zealand, lack provisions for judicial review. In these countries, the only check
against the legislature is the results of the next election season.
6. Though uncommon, some parliamentary systems have an elected president who
exercises foreign powers. An example of some foreign powers would be national
 78

defense and military command. The elected president exercises these powers. Some
countries that follow this system are Lithuania, Bangladesh and France.
7. Though members of Parliament hold their positions in office by each election season,
they can be turned out of office. If one respective party loses majority holdover
members of Parliament, they can be removed. Other members of Parliament, as well as
the Prime Minister, are then able to vote out a member of Parliament. A no-confidence
vote accomplishes this.
8. Parliamentary systems lack what presidential systems call “Checks and Balances.”
Therefore, the parliamentary system tends to be more efficient. This is because
political gridlocks cannot delay them.
9. A parliamentary system of government consists of members serving various political
parties. Therefore, coalitions are a very popular type of agreement in parliamentary
governments. Members of opposing political parties will often form a coalition,
otherwise known as a temporary union. This alliance utilizes its combined resources to
accomplish a common goal.
10. Depending on the rules of voting within a country, the political representation
within members of Parliament may consist of one party. It may also be proportionally
representative of the nation. If a country follows a “first-past-the-post” (FPTP) principle,
Parliament will most likely consist of one or two majority political parties. An FPTP is a
principle in which candidates with the most ballots win a seat. However, some
countries follow a rule of proportional representation. This means that the political
makeup of Parliament members is appropriate to that of the nation.

Questions

1. What is parliamentary Democracy?

2. Explain the features of parliamentary democracy.
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UNIT III

Lesson 11
PRESIDENT
Introduction

The Indian President is the head of the state and he is also called the first citizen of
India. He is a part of Union Executive, provisions of which are dealt with Article 52-78
including articles related to President (Article 52-62). Under this lesson, information on
how a President is elected, his powers and functions, and also his impeachment
process is given.

Constitutional Provision

The Indian Constitution provides a scheme of Union Executive or the Parliament which
cannot be conceived of without there being a President. Because, Article 52 mandates that
“there shall be a President of India” Again, Art 79 Provides:
“There shall be a Parliament for the union which shall consist of the
President and Rajya Sabha and Lok sabha . The Union executive consists of the President, the
Vice President, the Prime Ministers and Council of Ministers.
 80

Qualification: A person contesting in the election to the office of president must possess the
following Qualifications:

i) He most be an Indian Citizen;

ii) He must have completed the age of Thirty Five Years;
iii) He must have the necessary qualification to be a Member of
Lok Sabha
iv) He must not hold any Office of profit under the Government of India or under any state
Government or any Local or other Authority under the control of said Governments.
(Art 58), If the person contesting is already a Member of Parliament or State
Legislature, he shall be deemed to have vacated his Seat on the date on which he
assumes the office of the President (Art 59).

Election:

The President holds an Elective office, He is to be elected from an Electoral College which
comprises of the elected members of the Lok Sabha, Rajya Sabha and Legislative Assemblies
of the States (Art 54) Here, a few important points have to be noted First, the Constitution has
designed an Indirect Election to the office of the President. Secondly, since reference is only
to elected members of Lok Sabha, etc., by necessary implication, the nominated members
cannot participate and vote in the Presidential Election. Thirdly, Elected Members of
Legislative Councils also cannot participate and vote.

Since the various states in India are unequal, population wise or as respects the strength in thin
respective Legislarve Assemblies, Constitution has devised an Election Procedure for securing
uniformity in the scale of representation of different States as well as parity between the States
as a whole and the Union. (Art 55) Voting shall be by secret Ballot held in accordance with
the System of Proportional Representation by means of the Single Transferable Vote.
The value of the vote of an MLA =
 81

Total population of state 1

x
total number of elected members∈the state legislative assembly 1000

The value of the vote of an MP is given below:

total value of votes of all MLAs of all states 1

x
total number of elected members of Parliament 1000

Oath:
Before entering upon his office, the President-Elect shall take an Oath in the name of God or
shall solemnly affirm that he would , inter alia, (among other things), endeavour ”to Preserve,
Protect and Defend the Constitution and the law” (Art 60).
Term of office:
The President shall hold office for a term of 5 Years from the date on which he enters upon his
office. Even after the expiration of this term, the President shall continue to hold office until
his successor enters upon his office.
The President, through a letter written by him, addressed to the vice President may resign
from his office. When this is done, the Vice-President shall immediately communicate the
same to the Speaker of the Lok Sabha (Art 61).

The President can be removed from his office for the violation of the Constitution through the
Process of Impeachment. The President may seek reelection. Art 57.
Powers & Functions:
The President is the Head of the Union Executive. The Executive Power of the union is vested
in him and he shall exercise the same in accordance with the Constitution either directly or
through officers subordinate to him. Art. 53.
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The Constitution provides for a Council of Ministers to aid and advise the President in the
exercise of his functions. (Art 74). The President appoints the Prime Minister and the other
Ministers are appointed by him on the advice of the Prime Minister.(Art 75) Some of the
important appointments made in the name of the President or under his authority are: Chief
Justices of the High Courts and the Chief Justice of India, Judges of High Courts and the
supreme Court (Art. 124); the Attorney-General (Art.76); the Comptroller and Auditor
General of India (Art. 148); the Governors of Stares (Art 155); the Chairman, Members of
U.P.S.C., Chairman, Vice-Chairman, Members of the National Commissions for Scheduled
Castes and Tribes (Arts. 338, 338A) The President is the Supreme Commander of the Defense
Forces. Art. 53(2).

Executive Powers of President

1. For every executive action that the Indian government takes, is to be taken in his name
2. He may/may not make rules to simplify the transaction of business of the central
government
3. He appoints the attorney general of India and determines his remuneration
4. He appoints the following people:
1. Comptroller and Auditor General of India (CAG)
2. Chief Election Commissioner and other Election Commissioners
3. Chairman and members of the Union Public Service Commission
4. State Governors
5. Finance Commission of India chairman and members
5. He seeks administrative information from the Union government
6. He requires PM to submit, for consideration of the council of ministers, any matter on
which a decision has been taken by a minister but, which has not been considered by
the council
7. He appoints National Commissions of:
1. Scheduled Castes (Read about National Commission for Scheduled Castes in the linked
article.)
2. Scheduled Tribes Read about (National Commission for Scheduled Tribes in the linked
article.)
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3. Other Backward Classes (Read about National Commission for Backward Classes in the
linked article.)
8. He appoints inter-state council
9. He appoints administrators of union territories
10. He can declare any area as a scheduled area and has powers with respect to
the administration of scheduled areas and tribal areas

Legislative Powers:
When both Houses of Parliament are not in session and the President is satisfied that the
circumstances prevailing warrant immediate action, he may promulgate such ordinances as are
required.
These ordinances have the same force and effect as on Act of Parliament (Art 123).

The promulgated Ordinances should be laid before Lok Sabha and Rajya Sabha. They cease to
operate on the expiry of six weeks from the reassembly of Parliament. They are rendered
inoperative if before the expiry of six weeks Resolutions disapproving them are passed by
both Houses.

If the Ordinances contain provisions which Parliament is incompetent to enact under the
Constitution, then the Ordinance is void.

Incidentally, it may be noted that the President is an integral part of Parliament and the
Legislative Processes there of. Unless he assents, no Bill passed by Parliament can become
law. He can Prorogue the Houses of Parliament and when the situation so warrants may order
the dissolution of Lok Sabha.
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The President may address the Houses of Parliament and may send messages to either House
whether with respect to a Bill pending or other wise and on receipt of the message the House
concerned shall soon thereafter consider the matter contained in the massage. Art 86.

After each General Election to the Lok Sabha, at the first Session and at the commencement of
the first session each year, the President shall address both Houses assembled together and
inform the Parliament of the causes of its Summons. Art 87.

Legislative Powers of President

1. He summons or prorogues Parliament and dissolve the Lok Sabha

2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
3. He addresses the Indian Parliament at the commencement of the first session after
every general election
4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of
Rajya Sabha when the seats fall vacant (to know the difference between Lok Sabha and
Rajya Sabha check the linked article.)
5. He nominates 12 members of the Rajya Sabha
6. He can nominate two members to the Lok Sabha from the Anglo-Indian Community
7. He consults the Election Commission of India on questions of disqualifications of MPs.
8. He recommends/ permits the introduction of certain types of bills (to read on how a bill
is passed in the Indian Parliament, check the linked article.)
9. He promulgates ordinances
10. He lays the following reports before the Parliament:
1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.

Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
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4. Contingency Fund of India is under his control

5. He constitutes the Finance Commission every five years

Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him
2. He takes advice from the Supreme Court, however, the advice is not binding on him
3. He has pardoning power: Under article 72, he has been conferred with power to grant
pardon against punishment for an offence against union law, punishment by a martial
court, or death sentence.

Note: Pardoning powers of the president includes the following types:

 Pardon with the grant of pardon convicts both conviction and sentence completely
absolved

 Commutation with this nature of the punishment of the convict can be changed

 Remission reduces the term of the imprisonment

 Respite awards lesser punishment than original punishment by looking at the special
condition of a convict

 Reprieve stays the execution of the awarded sentence for a temporary period

Diplomatic Powers of President

1. International Treaties and agreements that are approved by the Parliament are
negotiated and concluded in his name
2. He is the representative of India in international forums and affairs

Military Powers of President

He is the commander of the defence forces of India. He appoints:

1. Chief of the Army

2. Chief of the Navy
3. Chief of the Air Force
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Emergency Powers:
The Constitution contemplates three kinds of Emergencies which the President may
proclaim in different critical situations. Notional Emergency due to war, external
aggression or internal disturbance, (Art. 352).

Emergency due to failure of constitutional machinery in States, Art. 356, and

Financial Emergency, when financial Stability of India or any Part there-of is

threatened . (Art 360).

President’s Pardoning Power:

A pardon is an act of mercy, forgiveness, clemency. The age of the accused, his impeccable
past, the circumstances surrounding the commission of the crime, the number of years he has
spent in Jail as an under-trial, his present physical condition are some of the factors which
may guide the Executive Head while considering the request for pardon which when granted
may be conditional or unconditional.
At this Juncture, the learned Seervai’s observations are apt: Judges must enforce the laws,
whatever they be, and decide according to the best of their lights; but the laws are not always
just and the lights are not always luminous. Nor, again are Judicial methods always adequate
to secure Justice. The Power of pardon exists to prevent injustice whether from harsh, unjust
laws or from judgments which result in injustice; hence the necessity of vesting that power in
an authority other than the judiciary has always been recognized.

The Power to Pardon includes the power to commute (when death sentence is commuted to
one of life imprisonment), the power to reprieve (withdrawal of a sentence for a while thus
postponing the execution of the sentence), Power to Remit the punishment, in whole or in
part.
 87

Under Art.72(1), the President has power to grant Pardons, Reprieves, Respites, Remissions of
Punishments or to suspend, remit or commute sentence of my person convicted of an offence
where punishment or sentence is by a court martial, is for an offence against any law relating
to a matter to which the executive power of the union extends, in where the sentence is a
sentence of death, Art. 72.

Protection of President:
Art 361 declares that the President is not personally answerable to any court for anything done
by him in the discharge of duties or functions under the Constitution. The rationale being that
the President, underArt.74(1), must act on the advice of his Council of Ministers. However,
any person aggrieved by executive action taken in the name of the President can institute
appropriate proceedings against the Government of India.

Further, no criminal proceedings shall be instituted or continued against the President in any
court during his term of office. Nor any process for arrest or imprisonment shall issue against
him during his term.

However, the personal liability of the President for any act done by him in his personal
capacity either before or after assuming office remains and Civil proceedings can be
instituted. But, there are certain conditions precedent. The person initiating the process must
serve a written notice and two months must have expired. Further the Notice should mention
nature of proceedings, Cause of action therefore, name, description place of residence of the
person instituting the proceedings.
Position of President under the Constitution:
“Constitutional Head”, “Figure Head” are some of the expressions used when the Executive
Head of the Union of India is referred to . We have noticed the President’s power to appoint
important constitutional functionaries like the Attorney-General, Judges of the Supreme
Court…, his power to promulgate Ordnances, declare Emergencies, grant Pardons, etc. Do all
 88

these, prima facie, suggest that the President who holds an elective office, though through an
indirect election, is Constitutionally authorized to act independently.? Does this view get
reinforced when we notice expressions like “when the president is ‘satisfied’ is of the
‘opinion’, “thinks fit”, in the provisions of the Constitution? Don’t we get the impression that
the President’s action is the result of his personal satisfaction, opinion, etc.? But we have
learnt that the Council of Ministers has to aid and advise the President in the exercise of his
functions and the President, under Art.75, must ultimately act upon such advice, Would this
not establish that the President is just a Figure Head’ or “Constitutional Head”.? The Supreme
Court has ruled; … Al though the Ordinance is promulgated in the name of the President and
in a constitutional sense on his satisfaction, it is in truth promulgated on the advice of his
council of ministers and on their satisfaction.”

It is now established that the President is a Constitutional Head and is obliged to act on the
advice of his Council of Ministers. Normally, the President is Constitutionally obliged to act
on the advice of his Council of Ministers. But in exceptional circumstances, for example in his
choice of prime Minister or when in a multi-party democracy, no single party or even the
coalition has secured a clear majority, or, when the prime minister appointed by him loses the
confidence of the House and refuses to resign but asks for the dissolution of Lok Sabha, the
President has to, probably, act independently .

Impeachment of the President:

Article 61 Provides for the Impeachment of the President. The President can be impeached for
the violation of the Constitution does not spell out what acts and omissions on the part of the
President would constitute “the violation of the Constitution” Under the Constitution, the
charge can be preferred by either House.
 89

The proposal to prefer such charge must be contained in a resolution moved after at least
fourteen days written notice , signed by not less the one-fourth of the total number of
members expressing their intention to move such a resolution. Such a resolution must be
passed by a majority of not less than two-thirds of the total membership of the House. If the
charge has been preferred, say, by Lok sabha, then , Rajya Sabha will investigate or cause the
charge to be investigated. The President is entitled to appear or be represented at such an
investigation. Consequently , if in the House that has investigated the charge, a resolution is
passed by a majority of not less than two-thirds of the total membership of the House
declaring that the charge preferred is sustained, then the date on which the Resolution is
passed is the date on which the President is removed from his office.

A few pertinent questions do arise when one reads the Impeachment Article 61 carefully. It
has been pointed out that in the Indirect Presidential Election, the Members of the Legislative
Assemblies of States. do participate and vote. Do They have no voice in the Impeachment
Process? Only elected Members of Parliament and Legislative Assemblies have the right to
participate and vote in the Presidential Election. How come the nominated members who had
no role in the Presidential Election acquire a voice during the President’s Impeachment
Process? Are there any guidelines for the President in office as to when his act or omission
would constitute the violation of the constitution?

In this coalition era, also, in the era of mushrooming political parties, what are the chances of
a party with two-thirds of majority coming to power? Does this imply that any President in
office need not bother about the Impeachment Article and worry constantly as to what acts or
omissions on his part would fall under the rubric of “violation of the constitution?
Questions
1. Discuss the constitutional provision of president in Indian administration.
2. Explain the powers and functions of president of India
3. President Impeachment: discuss
 90

4. How President of India is elected?

Lesson 12
PRIME MINISTER

Article 75 of the Indian Constitution mentions that a Prime Minister is one who is
appointed by the President. There is no specific procedure for his election or
appointment. Article 74(1) states that there shall be a Council of Ministers with a Prime
Minister at the head to aid and advise the President. Thus, the Indian Constitution itself
recognizes a Council of Ministers

President of India appoints a person as the Prime Minister who is either the leader of
the party which holds a majority of seats in the Lok Sabha or is a person who is able to
win the confidence of the Lok Sabha by gaining the support of other political parties. All
other ministers are appointed by the President on the advice of the Prime Minister.

Note: President can also appoint Prime Minister on his own discretion but only when no
party has a clear majority in the Lok Sabha.

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He performs
his functions taking responsibilities as:

 The leader of Country: The Prime Minister of India is the Head of the Government of
India.

 Portfolio allocation: The Prime Minister has the authority to assign portfolios to the
Ministers.
 91

 Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and
presides the meetings of the Cabinet. He can impose his decision if there is a crucial
opinion difference among the members.

 Official Representative of the country: Prime minister represents the country for
high-level international meetings

 The link between the President and the Cabinet: The Prime Minister acts as the
link between President and cabinet. He communicates all decisions of the Cabinet to
the President which is related to the administration of the affairs of the Union and
proposals for legislation.

 Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog,
Appointments Committee of the Cabinet, Department of Atomic Energy, Department of
Space and Ministry of Personnel, Public Grievances and Pensions.

 Chief Advisor: He acts as the chief advisor to the President

Like Prime Minister is the head of Union Parliament, the Chief Minister is the head of
state parliament.

Who is eligible to be a Prime Minister?

To become an Indian prime minister one has to be

 A citizen of India.

 A member of either Rajya Sabha or Lok Sabha

 He should have completed his 30 years if he is a member of the Rajya Sabha or can be
25 years of age if he is a member of the Lok Sabha

Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the Prime
Minister is treated at a much higher pedestal. His preeminence rests on his
commanding position in the Cabinet, coupled with fact that he is the leader of the
majority party.

All these positions of power when combined in one person make him rank much above
an ordinary Minister. The death or resignation of the Prime Minister automatically
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brings about the dissolution of the Council of Ministers. It generates a vacuum. The
demise, resignation or dismissal of a Minister creates only a vacancy which the Prime
Minister may or may not like to fill. The Government cannot function without a Prime
Minister but the absence of a Minister can be easily compensated.

Relationship between the Prime Minister and the President of India

There are a few articles in the Indian Constitution that deal with the relationship both
Prime Minister and the President share with each other. The articles are:

 Article 74

 Article 75

 Article 78

Articles Relationship between Prime Minister and the

President

74 Mentions how the Prime Minister and President are both

connected with the council of ministers. The Council with
PM as head advise President on various issues.

75 Mentions three things:

 President appoints PM and other ministers are appointed

by the President on the advice of the PM.

 Ministers hold their office during the pleasure of the

President.

 Council of Ministers is collectively responsible to the Lok

Sabha.

78 PM communicates all decisions made by the council of

members to the President. President can also refer issues
for the consideration of the council of members.
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Questions
1. Prime Minister of India has vast powers in conducting administration of India: explain

LESSON 13
PRIME MINISTER’S OFFICE (PMO)
Introduction

 Prime Minister’s Office [PMO] is a staffing agency assisting the Prime Minister in the
efficient discharge of his role, functions, and responsibilities.

Evolution Of PMO

 The Prime Minister’s Secretariat was created in 1947 when India gained
independence.
 The Secretariat was created for the immediate purpose of taking
over the functions performed till then by the Secretary to the Governor-General,
as the Prime Minister took over almost all functions which the Governor-
General prior to independence, performed as the executive head of the Government.
 PMO is an extra-constitutional body that has no mention in the Indian Constitution.
However, it was given the status of a department under the Government of
India Allocation of Business Rules, 1961.
 Since June 1977, it is known as Prime Minister’s Office and is headed by
the Secretary to the Prime Minister who is now designated as the Principal
Secretary to the Prime Minister.

Reasons for the PMO

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 Complexity and scope of government have increased tremendously. Thus it requires a

strong and technically efficient staff agency to handle the same.
 The problems of coordination between the Ministers are becoming more complex.
 Since all Ministers are entitled to have an office set-up of their own to enable them
to perform their functions. PMO is the office of the Prime Minister.
 Most importantly, the PMO has two irreducible functions. Firstly, PMO is the conduit to
and from the Prime Minister. Secondly, the Prime Minister depends on PMO, i.e.
Principal Secretary to the Prime Minister, if he wants a second opinion on
any matter.

Structure of PMO

 Politically headed by Prime Minister

 Administratively headed by Principal Secretary
 One or two additional secretaries
 5 joint secretaries
 A number of directors/ deputy secretaries and under secretaries
 The personnel are generally drawn from the civil services and also appointed for the
varying periods

PMO and its Administrative function Well, it acts as a link between the PM and his
Ministers, President, Governors, Chief Ministers and also Foreign representatives.

 And, on the other side, that is the public side where it is concerned with the party
matters, personal correspondences, complaints from the public, and many more.
 It helps the PM in the performance of his functions as the head of the government.

Principal functions of the PMO:

1. To deal with all references which under the rules of business have to come to the PM
2. To help the PM in the discharge of his overall responsibilities as the Chief Executive like
liaison with the Union Ministries and the State govts on matters which the PM may be
interested.
 95

3. To help the PM in the discharge of his responsibilities as the Chairman of Planning

Commission.
4. To deal with Public relations side of the PMO.
5. To provide PM assistance in the examination of cases submitted to him for an order
under prescribed rules.

Status of PMO

 The personality of the Principal Secretary and his relationship with the Prime
Minister determines the status of PMO.
 The Prime Minister’s trust in the Principal Secretary also determines the position of
PMO. Further, the status of the Prime Minister within the Cabinet is also a determining
factor.
 If he is weak, he will have to take all decisions in the Cabinet. In this case, the PMO will
be weak and vice-versa.
 If it is a coalition Government, naturally the allies would have to be involved in the
decision-making process.
 In a coalition Government, the status of PMO may be less powerful when compared to a
Prime Minister who is the leader of the majority party.
 While decentralization causes havoc, centralization, too, comes at a cost. Prime
Minister must pay close attention to how they manage their tendencies to centralize.
They must tread that fine path on which they maintain control over
their administrations and organization.

Emerging Negative Trend in the Working of PMO

 It is being said that PMO has become an over-grown, over-arching, all-powerful

organization, which is a grave threat to the Parliamentary democracy and
hence subverts the Constitution. These allegations have been because of the
following factors:
 Most Prime Ministers have regarded the PMO as a parallel government.
 Whichever party in power and whosoever has filled the post of the Prime Minister, it
has been observed that there has been a
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growing tendency towards centralization in decision-making. Not only does a

Prime Minister sometimes keep with himself an unduly large number of portfolios but
also informally exerts his real influence beyond those formally held portfolios. Thus
it intrudes into the domain of individual Ministries.
 If the Prime Minister is politically unchallenged in his party, his control over other
Ministries and departments, through the mechanism of monitoring, becomes very high.
 Instead of remaining within its envisaged role of providing secretarial assistance to the
Prime Minister in the discharge of his functions, the PMO is increasingly having
to say in the policy formulation.
 The reshuffling of Cabinet has taken place many times based on the advice of
the PMO.

Questions

 Well, the functional role of the Prime Minister’s Office (PMO) depends on the Prime
Minister’s policy orientation, personality and also the style of the administration. The
comment on the statement with suitable examples.
 A strong PMO is salvation for any of the Indian Prime Minister, but concentrations of
power is a danger to the democracy." Comment.
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Lesson 14
COUNCIL OF MINISTERS

Constitution provision of Council of Ministers

Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council
of Ministers. Where article 74 mentions that the council will be headed by the Prime
Minister of India and will aid and advise the President, article 75 mentions the following
things:

 They are appointed by the President on the advice of Prime Minister

 They along with the Prime Minister of India form 15% of the total strength of the lower
house i.e. Lok Sabha. (The number cannot exceed 15%)

 91st Amendment Act provided for the disqualification of the minister when he stands
disqualified as a member of Parliament. (Difference between Lok Sabha and Rajya
Sabha can be referred to in the linked article.)

 A Minister ceased to exist as one if he is not a member of either house of Parliament for
six consecutive months.

 Parliament decides the salary and allowances of the council of ministers.

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Is the advice tendered by the Council of Ministers’ binding on the President?

Yes, the advice is binding on the President and this provision was introduced by the
42nd Amendment Act 1976 and 44th Amendment Act 1978. The acts also mentioned
that the advice given by the council cannot be inquired into by any court.

Types of Ministers

The Indian Constitution does not categorize ministers into ranks, however, in practice
seen in India, ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every meeting of the Cabinet.

2. Minister of State with independent charge—He is a Minister of State who does not
work under a Cabinet Minister. When any matter concerning his Department is on the
agenda of the Cabinet, he is invited to attend the meeting.
3. Minister of State—He is a Minister who does not have independent charge of any
Department and works under a Cabinet Minister. The work to such Minister is allotted
by his Cabinet Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet Minister or a Minister of
State with independent charge. His work is allotted by the Minister under whom he is
working.

Points related Council of Ministers

1. The total number of ministers, including the Prime Minister, in the COM shall
not exceed 15% of the total strength of the Lok Sabha.

This provision was added by the 91st Amendment Act of 2003.

2. A minister who is not a member of the Parliament (either house) for any
period of six consecutive months shall cease to be a minister.

2. Article 77 (Conduct of Business of the Government of India): The President shall

make rules for the more convenient transaction of the business of the Government of
India, and for the allocation among Ministers of the said business.
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3. Article 78 (Duties of Prime Minister): To communicate to the President all

decisions of the COM relating to the administration of the affairs of the Union and
proposals for legislation.

4. Article 88 (Rights of Ministers as Respects the Houses): Every minister shall

have the right to speak and take part in the proceedings of either House, any joint
sitting of the Houses and any Committee of Parliament of which he may be named a
member. But he shall not be entitled to vote.

Responsibility of Ministers:

1. Collective Responsibility:

Article 75 clearly states that the COM is collectively responsible to the Lok
Sabha. This means that all the ministers own joint responsibility to the Lok Sabha for
all their acts of omission and commission.

Collective Responsibility of the Council of Ministers

In England, the Cabinet system is based on conventions. The framers of our

Constitution considered it fit to incorporate the system in the Constitution. The principle
of collective responsibility finds a place in Art. 75(3) where it is stated that the Council
of Ministers shall be collectively responsible to the Lok Sabha. In other words, this
provision means that a Ministry which loses confidence in the Lok Sabha is obliged to
resign. The loss of confidence is expressed by rejecting a Money Bill or Finance Bill or
any other important policy measure or by passing a motion of no-confidence or
rejecting a motion expressing confidence in the Ministry. When a Ministry loses the
confidence of the Lok Sabha the whole of the Ministry has to resign including those
Ministers who are from the Rajya Sabha. The Ministers fall and stand together. In
certain cases, the Ministry may advise the President to dissolve Lok Sabha and call for
fresh elections.

2. Individual Responsibility:

Article 75 also contains the principle of individual responsibility. It states that the
ministers hold office during the pleasure of the President, which means that the
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President can remove a minister even at a time when the COM enjoys the confidence of
the Lok Sabha.

3. However, the President removes a minister only on the advice of the Prime Minister.

Questions
1. What are the constitutional provision of council of ministers and their responsibilities.

Lesson 15
CABINET SECRETARIAT

Introduction

A modern democratic welfare state depends on civil service for the execution of

public policy and various laws of the state. In a parliamentary form of government

political executive is responsible to the people through the Parliament. The efficiency of

the cabinet depends on specialized and experienced administrators. Therefore, the

cabinet secretariat has been established to provide the necessary secretarial

assistance to the cabinet.

The Evolution of the Cabinet Secretariat

Before Independence, the executive council of the Governor-general was

responsible for all governmental functions. As the amount and complexity of business
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of the government increased, the work of the various departments was distributed

amongst the members of the council only the more important cases being dealt with by

the Governor-general or the council collectively. This procedure was legalized by the

Councils Act of 1861 during the time of Lord Canning, leading to the introduction of the

portfolio system and the inception of the executive council of the Governor-general.

The secretariat of the executive council was headed by the private secretary to

the viceroy, but he did not attend the council meetings. Lord Willington first started the

practice of having his private secretary by his side at these meetings. Later, this

practice continued and in November 1935, the viceroy’s private secretary was given

the additional designation of secretary to the executive council.

The constitution of the interim government in September 1946 brought a change

in the name, though little in function, of this office. The executive council’s secretariat

was then designated as the cabinet secretariat. It seems, however, at least in

retrospect, that Independence brought a sort of change in the functions of the cabinet

secretariat. It no longer remained concerned with only the passive work of circulating

papers to ministers and ministries but developed into an organization for effecting

coordination between the ministries.

An economic committee of the cabinet was set up in February 1949 with a view

to speedily considering the proposals in the economic field. The secretariat of this

committee was located in the ministry of finance till June 1950, when it was made a

part of the cabinet secretariat and was designated as the economic wing. Later, to

ensure better coordination and to avoid unnecessary duplication in the secretariat

functions, this wing was merged with the main secretariat in October 1955.
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In 1954, the organization and methods division was established and placed under

the cabinet secretariat. In May 1964, the organization and methods division was

transferred from the cabinet secretariat to the ministry of home affairs and is presently

in the department of administrative reforms and public grievances of the ministry of

personnel, public grievances and pension.

In 1957, a significant addition to the scope of the cabinet secretariat’s functions

took place with the constitution of a defence committee of the cabinet. A separate wing

called the military wing was established in the cabinet secretariat for providing

secretarial assistance to the committee. The officers for this wing are drawn from the

defence services. The military wing has been transferred to the ministry of defence

with effect from 1 July 1991.

In April 1961, the department of statistics was created as a part of the cabinet

secretariat and was transferred to the ministry of planning in February 1973. The

ministry of planning has been renamed as ministry of planning and programme

implementation since July 1991.

The department of special economic coordination was set up under cabinet

secretariat on 16 June 1962 and it was transferred to the then ministry of economic

defence coordination on 14 November 1962. Presently, no such department exists in

the government of India.

In July 1965, the intelligence wing was set up as a part of the cabinet secretariat

to provide secretarial assistance to the joint intelligence committee. The bureau of

public enterprises was brought under the cabinet secretariat as a subject from the
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ministry of finance on 25 January 1966 and transferred to the then department of

coordination under the ministry of finance on 2 June 1966. Later on the bureau of public

enterprises was transferred to department of economic affairs under the ministry of

finance on 13 June 1967. On 25 September 1935, the bureau of public enterprises was

transferred to the then newly created department of public enterprises under the

ministry of industry.

On 26 June 1970, besides the Department of cabinet affairs and the department

of statistics under the cabinet secretariat, three more departments were created under

it, namely (i) department of electronics, (ii) department of scientific and industrial

research and (iii) department of personnel.

On 29 July 1970, the directorate-general of revenue intelligence-cum-directorate

of enforcement was set up in the department of cabinet affairs under cabinet

secretariat and on 1 August 1970, shifted to department of personnel.

The department of scientific and industrial research, which was created under the

cabinet secretariat on 26 June 1970, became an independent department known as

Vigyan Aur Pradyogiki Vibhag on 3 May 1971.

The department of electronics which was created under the cabinet secretariat

on 26 June 1970 also became an independent department on 17 June 1971. On 7

February 1973, the department of statistics, which was a part of cabinet secretariat

since 9 April 1961, was transferred to the ministry of planning, and simultaneously the

department of personnel was renamed as department of personnel and administrative

reforms on 7 February 1973. On 7 April 1977, the department of personnel and

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administrative reforms was transferred to the ministry of home affairs from the cabinet

secretariat. At present, the department of personnel and administrative reforms is a

part of ministry of personnel, public grievances and pensions with the bifurcation as the

department of personnel and training and department of administrative reforms and

public grievances.

On 22 July 1981, a new department named department of ocean development

was created under cabinet secretariat which became an independent department on

12 February 1982. The directorate of public grievances was set up in the cabinet

secretariat with effect from 25 March 1988 to entertain grievances from public after the

complainants fail to get satisfactory redressal from the ministry/department concerned

within a reasonable period of time. The directorate is authorized to take up grievances

in respect of the ministry of railways, ministry of urban development, ministry of

surface transport, ministry of civil aviation, department of posts, department of

telecommunication, the banking division and the small savings division of the

department of economic affairs.

The above description gives an account of frequent changes made from time to

time in the administrative structure of the cabinet secretariat due to the reorganization

of the executive functions of the Union government.

Organization of the Cabinet Secretariat

The cabinet secretariat is under the direct charge of the Prime Minister. The

administrative head of the secretariat is the cabinet secretary, who is also the ex-officio
 105

chairman of the civil services board. At present the cabinet secretariat consists of three

wings:

1. The cabinet secretariat wing (main)

The cabinet secretariat wing (main), including DPG, has one cabinet secretary, three

secretaries, one additional secretary, three joint secretaries, eight directors/deputy

secretaries, one joint director and six under-secretaries or equivalent positions, thus

totalling 22 officers.

2. The intelligence wing

The intelligence wing deals with matters relating to the joint intelligence committee.

The joint intelligence committee consists of one chairman, four joint secretaries or

equivalent position, one director (services), brigadier and equivalent rank officer, three

staff officers of lieutenant colonel or equivalent rank, one joint director and the under-

secretary, thus totalling 11 officers.

3. The security wing

The security wing consists of one secretary (security) who looks after the security of

VVIPs and controls the special protection group (SPG) meant for protection of the Prime

Minister and other VIPs.

The Intelligence Wing

There is a joint intelligence committee which functions under the chairmanship of

an additional secretary to the cabinet. It is the responsibility of the joint intelligence

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committee to collect, evaluate and present such intelligence pertaining to external

threats to the national security. It also takes account of the internal factors having a

bearing on national security. There is also a research and analysis wing (RAW) headed

by a director. The RAW takes account of the work relating to foreign intelligence

activities and of the counter intelligence abroad.

Functions of the Cabinet Secretariat

The cabinet secretariat has a very important place in the central administration. It is

such a source of authority, the assistance of which enables the central government to

undertake any matter of serious responsibility. The cabinet secretariat now possessing

the relevant specialized field is in a position to (executive) carry out its responsibilities 1

with greater competence, initiative and efficiency. Some of the important functions of

the cabinet secretariat are as follows:

1. To prepare the cabinet agenda and its minutes, to keep its records and to keep track of

the progress made by administrative ministries and the department in executing the

cabinet decisions

2. To know the implementing position of the decisions of the cabinet, it (cabinet,

secretariat) calls for information from the various ministries and the departments which

is subsequently passed on to the cabinet wherever it (cabinet) holds its meeting

3. To inform the President, vice-President and council of ministers about the major

activities of the government conducted in several ministries

4. To circulate the monthly summaries and brief notes on important matters for collecting

the information relating to the major activities of the government conducted in the

various ministries
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5. To prepare minutes of the meetings of the cabinet and its committees

6. To render its services to the committee of secretaries meeting periodically under the

chairmanship of the cabinet secretary. This committee of the secretaries meets to

consider and advise on problems requiring inter-ministerial consultation and

coordination.

7. To lay down the rules of business and re-allocating the business of the government of

India among the various ministries and the departments within the framework of

directives of the Prime Minister, after these have been approved by the President

8. To establish coordination between the various seminars organized by the different

central ministries

9. To work as the liaison agency between the state government and the central cabinet

The Role of the Cabinet Secretariat

The nomenclature of the cabinet secretariat is self-explanatory of the character of

the nature of its role: It is an institution that provides the secretariat assistance to the

cabinet. The role of cabinet secretariat could be explained by indicating the

jurisdictional components of the cabinet.

1. Cases pertaining to treaties, agreements and consultations with the foreign

governments

2. Cases relating to the draft legislation including of ordinances

3. Proposals relating to the summoning of each house of Parliament by the President

4. Those matters which the President or the Prime Minister might like to place before the

cabinet

5. Proposals relating to the withdrawal of court cases by the government

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6. Proposals relating to changing or modifying the already reached decisions of the

cabinet

All the above-mentioned cases relate to the deliberative aspect of the cabinet and

the cabinet secretariat is expected to provide necessary secretarial assistance to the

cabinet in resolving these policy matters. The cabinet secretariat is basically the staff

agency to the cabinet. In other words, the cabinet secretariat is the clearing house

prior to the cabinet decisions.

The Cabinet Secretary

He is the successor to the secretary of the viceroy’s executive council in our

cabinet system. Being the senior-most civil servant of the land he is the pivot of the

cabinet system. During the meetings of the cabinet, he sits by the side of the Prime

Minister to brief him on various points on the agenda. The cabinet secretary chairs the

meetings of the committee of the secretaries and also presides when called on

conferences of the chief secretaries.

The cabinet secretary’s office was created in India in 1950 after Independence

and N. R. Pillai was the first cabinet secretary. Generally, he is the senior-most civil

servant of the country, therefore, seniority should be given weightage along with merit

in the selection of a cabinet secretary. Seniority alone is not an overriding factor.

The no fixed tenure rule generated the phenomenon of extension. Giving

extension to the cabinet secretary is undesirable as it only makes his position

untenable and open to all sorts of rumours and allegations. The cabinet secretary
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should be appointed for a fixed tenure and if this needs giving him an extension then it

should be done at the time of his appointment.

The Role of the Cabinet Secretary

The cabinet secretary is the head of civil service and chief advisor to the council

of ministers and the Prime Minister, the cabinet and its committees. He coordinates the

activities of various ministries and departments. He is the link between the Prime

Minister’s office and various administrative departments. He is the link between the

political part of the government, i.e. the cabinet and the apolitical governmental

machinery, i.e. the bureaucracy.

The main functions of the cabinet secretary, according to the statutory rules of

business, are to provide secretariat assistance to cabinet and cabinet committees, and

to formulate rules of business of the government. Its main tasks are, namely, to

prepare proposals for the cabinet after consultations with concerned ministries and

departments to constantly monitor and coordinate implementation of decisions taken

by the cabinet and prepare papers connected with the appointments that the Prime

Minister has to make. Some general issues taken up in the committee of secretaries

and others like internal security are carefully analysed in the core group comprising the

cabinet secretary, the principal secretary to the Prime Minister, home secretary,

defence secretary, secretary RAW, director of the intelligence bureau (DIB) and

chairman of the joint intelligence committee (JIC) and, on rare occasions, the secretary

concerned may also be invited to the core group meetings.

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The most important function of the cabinet secretary of late pertains to internal

security and sifting through intelligence. It is his duty to make a coordinate assessment

of a given situation or problem by absorbing the source report. If the issue is resolved

in the core group, the matter is not referred to the Prime Minister or the cabinet.

In brief, the cabinet secretary is usually the senior-most civil servant of the

country and the official warrant of precedence gives him the first place among the civil

servants.

Conclusion

The Cabinet Secretariat assists in decision making in government by ensuring

inter-ministerial coordination, ironing out differences amongst ministries or
departments and evolving consensus through the instrumentality of the standing
committees of Secretaries. Find information on business rules. Details about allocation
of business rules and transaction of business rules are given. One can also find press
releases, tenders, right to information details etc.
5.11. Questions

a. Examine the structure and functions of Cabinet Secretariat.

b. Explain the powers and functions of Cabinet Secretary.

LESSON 16:
CENTRAL SECRETARIAT
Introduction

The secretariat has evolved over a period of 200 years. The Chapter would
include the evolution of the secretariat, its meaning, organization and role in the
administrative system of the country. The Constitution does not mention the word
‘secretariat’. Article 77(3) of the Constitution lays down that the President shall make
rules for the more convenient transaction of the business of the government of India
and for the allocation among ministers of the said business. The secretariat is required
to run the business of the government. The word ‘secretariat’ has been derived from
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the word ‘secret’, that means something held back or withdrawn from public knowledge
or view, unrevealed, covert or confidential. The main function of the secretariat is to
advise the minister in matters of policy and administration. The affairs of the state and
particularly the dealings between the secretary and the minister are confidential in
nature, therefore, the functions of the government appear to have become
synonymous with secrecy. Thus, probably for this reason the term, ‘secretariat’, is
derived from the word ‘secret’. During British rule in India, the government was the
secretary’s government.

The Evolution of the Central Secretariat

In the beginning the secretariat in India was the office of the Governor-general.
The original role of the secretariat was described as, ‘the Central Secretariat at Fort
William in Bengal was designed to furnish the requisite information for the formulation
of policy and to carry out the orders of the Company’s Government.’ Further, B. B.
Mishra said, ‘before the year 1756 the President and the council at Fort William
transacted all their business in one general department with the help of a secretary
and a few assistants. On the arrival of packets from England the secretary laid them
before the council for orders and instructions which when issued were conveyed for
execution to the priorities concerned.’

The Regulatory Act of 1773 for the first time created the ‘supreme government’,
having controlling authority over the ‘presidency government’. It consisted of a
Governor-general and four councillors in whom all the powers of controlling the military
of India vested. This system continued throughout the British rule. Only the number of
members of the council kept increasing. With the expansion of company’s rule, it took
a number of governmental functions and the role of the secretariat expanded along
with its size.

Lord Cornwallis took some steps to organize and strengthen the secretariat. He
created the office of the secretary-general in whom all powers and responsibilities
concentrated. He later came to be known as chief secretary. Lord Wellesley also took a
keen interest in reorganizing the secretariat, and his reforms work of the secretariat
increased considerably both in bulk and responsibility. He raised the status of the
 112

secretary to government. He did this by raising their salaries and augmenting their
responsibilities. The functions of the secretaries were extended to research and
planning in addition to their ordinary routine business of execution.

At the end of the 18th century, the supreme government consisted of a

Governor-general and three councillors, and a secretariat of four departments. Each of
them was under a secretary all of whom worked under the overall control of the chief
secretary. After more than a hundred years, on the eve of the Montford Reforms in
1919, the government of India consisted of a Governor-general and seven members.
The secretariat also expanded and it had nine departments excluding the railway board
and the Indian munitions board. The total strength of the secretariat was 29 to which
17 more officers of the two boards could be added. This number remained unchanged
till the outbreak of the Second World War in 1939.

Functions of the Secretariat

The functioning of the secretariat in our country has, by and large, been based on
two principles. First, was the principle of separation of policy from its implementation—
the administration in action so that the latter can be handed over to a separate agency,
which enjoys certain freedom in the field of execution. Second, a transitory cadre of
officers drawn from states’ cadres, operating on the tenure system of staff, controlling
a permanent staff is a prerequisite to the vitality of the administrative system as a
whole. This system is known as split system.

Advantages of Split System

Many advantages have been claimed in favour of the Indian system of separation
of functions. The important ones are, first, freedom from day-to-day problems of
execution, which provides the opportunity to the policy makers to do whatever is
necessary for forward planning. Second, the secretariat acts as the dispassionate
advisor to the minister. It has no interest in any proposal. The proposals coming from
the executive agencies are examined in an objective way from the larger point of view
 113

of the government as a whole. That is the reason why the secretary in the secretariat is
the secretary not to his minister, but to the government as a whole. Third, the
separation keeps the secretariat’s size small. Fourth, this system also avoids over-
centralization. The executive agencies have to be given reasonable amount of freedom
in the implementation of the policies and in the functions given to them. If the field
functions were to be administered from the secretariat it would have created lot of
centralization and delay in disposal of work.

Functions

The secretariat, by and large, is a policy-making body that functions under the
direction and control of the council of ministers. The secretariat works as a single unit
and secretaries are secretaries to the Union government as a whole and not to any
particular minister. A secretariat officer of and above the rank of an under-secretary
signs on behalf of the President of India, that is the entire central government.

In brief, the secretariat performs the following functions:

1. It assists the minister in the process of policy making.

2. It assists in the framing of legislation, rules and regulations.
3. It assists in the formulation of sectoral planning and programmes.
4. It assists in budgeting and control of expenditure and in securing of administrative and
financial approval to operational programmes and plans and their subsequent
modifications.
5. It assists in the interpretation of policies, coordinating and assisting other branches of
government and maintaining contact with state administrations.
6. It assists in initiating measures to develop better personnel and organizational
competence both in the ministry/department and its executive agencies.
7. It helps the minister in the discharge of his parliamentary responsibilities.

From the practical or operational point of view, the functions of the secretariat can
be divided into two categories3 mentioned as follows:
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1. It has to see that all papers quoted in the correspondence notes are forthcoming,
properly arranged, paginated and have corrected marginal references.
2. It has to verify the facts.
3. It has to supply other relevant facts and figures available in the department.
4. It has to point out the law and rules.
5. It has to put up precedence and papers containing previous decisions and policies and
to point out the relevant portions of the papers thus put up.
6. It has to draw attention to the statutory or customary procedure required for the
disposal of the case.
7. In routine cases where there are established precedents it has to put up drafts for
approval.
8. It has to bring to notice at the proper time when some matter requires action or order.

The second category of functions are: (a) to examine the case and see that all
matters requiring decision are brought forward; (b) to tabulate and summarize the
information if necessary; (c) to prepare drafts according to final decisions.

Structure of the Secretariat

The central secretariat is a large and complex organization of various ministries

and departments. There is no uniform terminology for describing the various segments
of the administrative structure of the Union government. It is a collection of a large
number of ministries and departments. The term ‘ministry’ came into vogue only after
Independence. The secretariat has two distinct components; i.e., the officers and office.
A ministry may have more than one department. Many large ministries like home,
agriculture, finance, education, defence and external affairs have more than one
department in their charge. So far as the department is concerned, it may be defined
as an organizational unit for performing specific functions under the administrative
control of a secretary to the government. In other words, a department is under the
charge of a secretary whereas a ministry remains under the minister’s charge,
although this distinction is not always maintained. A ministry with more than one
department may have more than one secretary. In such cases, one secretary who will
represent the ministry is made superior to other secretaries. Such personnel are
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designated secretary-general or the principal secretary. Therefore, even if all the

secretaries draw the same salary, they may not necessarily enjoy equal rank.

The pattern of a ministry’s organization shows that the minister is the political
head, who may be assisted by a minister of state and a deputy minister. The secretary
is the administrative head of the bureaucracy under the minister. A ministry’s
organization is divided into the following segments with an officer in charge of each of
them to expedite matters:

Department Secretary/Additional/Special secretary

Wing Joint/Additional secretary
Division Director/Deputy secretary
Branch Under-secretary
Section/Office Section officer

The lowest of such units is the section in-charge or a section officer helped by a
number of assistants. Besides stenographers who provide secretarial assistance to the
senior officers, there are clerks, daftaries, typists and peons. It is also called the office.
It deals with the work relating to the subject allotted to it. Two sections form the branch
which is under the charge of an under-secretary also known as branch officer. Two
branches constitute a division which is normally headed by a deputy secretary. With
the increase in the volume of work of a ministry, one or more ‘wings’ are established,
with a joint secretary in-charge of each wing. At the apex of the hierarchy is the
department, which is headed by the secretary himself or in some cases by an
additional special secretary.

Staffing of Officers

At the time of Independence in 1947 there was no central secretariat service to

provide a permanent set of officers for the secretariat. The secretariat positions were
manned by officers drawn from the provincial government and most of them returned
back after serving in the secretariat for a fixed period of three to five years. This
system is known as ‘tenure system’, as each officer so deputed has to serve the centre
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for a fixed number of years, i.e. three to five years. This system was created by Lord
Curzon in 1905, who believed that, ‘India may be governed from Simla or Calcutta, but
is administered from the plains.’ In his opinion, the district was the focal point of
administration and all important work of administration was carried out at the district
level. Therefore, he felt that the officers who had the experience of district work should
be brought to the secretariat. He thought it was a good idea to keep the secretariat in
touch with field situations. After serving for a fixed period in the secretariat the officers
must go back to renew their field experience, which fades during the service period in
the secretariat.

The staffing pattern of the secretariat by officers drawn from the states has been
recommended by a number of committees and commissions. The Simon commission
on decentralization in 1930 said, ‘it is an accepted principle that efficient secretariat
service, both in the provinces and at Delhi, depends upon a constant interchange of
personnel between the district and the secretariat … experience gained with the
central government or at the provincial secretariat service, in the system of Indian
administration, proves an asset to provinces of districts … and intimate knowledge of
the districts and provinces is invaluable in provincial and central secretariat. Circulation
between them makes for vigour of the whole.’

The Wheeler committee of 1936 also supported the tenure system. According to
the committee, ‘The imposition of a limit to the occupancy of certain appointments has
long been a feature of Indian administration and the posts governed by it range from
that of the Governor-general and members of the council to such junior ranks as those
of under-secretaries.’5 This system is inherent in the organization of all-India services
which belong to both the central as well as the state governments. The members of
these services have to function in the districts, state secretariat and central secretariat.
The tenure system was adopted to use their services so that the central and the state
governments could take advantage of the experience of these officers.

The Maxwell committee, reporting in 1937, favoured the tenure system. The
committee recommended that the tenure of the officers at the central secretariat
should be separated as far as possible by periods to be spent in the provinces and the
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districts where their touch with reality is revived. Similarly, officers with secretariat
experience should become available to the field and they would know how to get the
field problems solved from the secretariat.

Recently, the administrative reforms commission study team on personnel

administration in its report in 1967 gave its wholehearted support to the tenure system
and suggested the demolition of all barriers hindering smooth flow of personnel
between the secretariat and the field. It recommended that the tenure system be
rigidly enforced and ‘officers must go back to the parent departments or state
governments as the case may be for a substantial length of time—not less than the
period spent outside the department/ state before being considered for another
assignment.’

The arguments in favour of the tenure system advanced by various committees

and commissions can be systematically summarized as follows: First, the rotation of
civil servants between the centre and the state governments exercises a wholesome
and steady influence on the working of federal system of governance. Such a role has
become significant due to strains and stresses in centre-state relations, particularly
when different political parties came in power at the centre and the states. Second,
when the central secretariat posts are manned by persons having experience of district
and state administration then the national policies will be based on reality and such
policies have less difficulty in the implementation in the field. Third, a long tenure at
the secretariat results in loss of contact with field administration. In tenure system
officers are sent back to the states, where they benefit the local administration by their
central secretariat experience. Fourth, the tenure system benefits states. They got
back officers possessing wide range of experience who have knowledge of the working
of the central government as well as of national policies. Fifth, very long stay at the
secretariat makes an officer stale but under the tenure system he gets an opportunity
of working in a different atmosphere, which can bring freshness to his outlook. Sixth, a
tenure system provides everyone an opportunity of working at different levels of
administration. Seventh, the tenure system provides the necessary flexibility to the
personnel management of the secretariat. Inefficient and incompetent persons can be
removed without difficulty at the end of the tenure. Eighth, the system secures and
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consolidates administrative unity of the country and finally, it strengthens the

independence of the Civil Service.

Arguments against the Tenure System

The critics of this system have advanced several arguments against the tenure
system. The important ones among them are: First, the work of the ministries has
become specialised in nature but the tenure system does not ensure specialisation.
Second, district experience is not required in many areas of activities that are being
performed by the central government atapresent. Third, the tenure system has
strengthened the office at the cost of the officer. A new officer depends too much on
his office. This gives rise to many evils of office administration.

Operation of the Tenure System

The tenure system has been in operation since long, but now other influences have
started working in the administrative field. Senior positions like deputy secretary and
above are filled on the basis of staffing scheme, notified by the secretariat on 17th
October 1957. As per this scheme, these posts are manned by officers of several
following categories:

1. Officers borrowed from state cadres of all-India services.

2. Officers borrowed on deputation from central services (Class I officers).
3. Officers of the selection grade of the central secretariat service.
4. Officers from the central administrative pool.
5. State civil service officers whose names are included in the selected list for
appointment to the IAS.
6. Other state civil service officers, in consultation with the Union public service
commission (UPSC).

Central Secretariat Service (CSS)

Even before independence in 1947, the need for secretariat service was felt, and
the posts of assistant and assistant secretary/undersecretary were filled by officers
drawn from the Imperial secretariat service. After Independence, a scheme of such a
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service was approved by the central government in 1948 and was called the central
secretariat re-organisation and reinforcement scheme. It provided for a new service,
called the central secretariat service (CSS) to replace the old Imperial secretariat
Service. The new service was originally organized in four grades. But in 1959 as a result
of the Second Pay Commission recommendation grades II and III were merged into one
continuous class II grade. A new selection grade above grade I was also created that
consisted of the post of deputy secretary and above. The main features of the central
secretariat services are: first, the service provides staff not only for the central
secretariat but also for most of the attached and subordinate offices, and all posts from
the level of assistant up to under-secretaries are included in this service. Second, the
new service was made a common service for all the ministries. This improved the
opportunities and prospects of promotion for all the employees of the service.

Office Service

The office part of the secretariat is manned by persons drawn from the two
services known as the central secretariat stenographers’ service and the central
clerical service.

Central Secretariat Stenographers’ Service

This service was reorganized on 1st August 1969. It consists of four grades, such as
selection grade, grade I, grade II and grade III. The third and fourth pay commissions in
1986 have improved their service conditions.

Central Secretariat Clerical Service (CSCS)

This service has only two grades, namely, upper division clerk (UDC) and lower
division clerk (LDC). Recruitment to this service is at the level of LDC. Ninety per cent
of the posts are filled through an all-India competitive examination and the remaining
10 per cent vacancies are filled up by a limited departmental examination of Class IV
personnel who are matriculates and have more than five years of service. The
examination for direct recruitment was also conducted by UPSC. It is now conducted by
the institute of secretariat training and management under the department of
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personnel. The vacancies in the grade of UDC are filled by promotion from LDCs subject
to the rejection of the unfit.

Conclusion

In recent years the volume of secretariat work has increased manifold due to the
planned economic development, the government’s accountability to the Parliament and
intensive scrutiny exercised by its standing committees. The need has been felt to
maintain full and proper records of cases involving financial and other sanctions. But
with the adoption of new economic policy and its trend of privatization, there has been
a great change in this regard.

Questions
1. Explain the structure of Central Secretariat.
2. Examine the different functions of Central Secretariat.
3. Discuss the merits of services of Central Secretariat.

UNIT IV

Lesson 17
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GOVERNOR

According to the Constitution of India, there has to be a Governor for each State. If
need be, one person may be appointed Governor for even two or more States. The
executive authority of every State is vested in the Governor of the state. He/She may
exercise the same, directly or through the officers subordinate to him.

The Governor : Appointment, Qualifications, Tenure etc.

The Governor of a State is appointed by the President of India. There is no bar on

reappointment of a Governor either in the same State or in different States. This shows
that the Governor is not elected but is appointed. In order to become a Governor a
person must have following qualifications:

1. He/she must be a citizen of India;

2. He/she should be at least 35 years; and
3. He/she cannot hold any office of profit during his tenure.

However, if a person is a member of either House of the Parliament or the Legislature

of any State or a member of the Council of Ministers at the National or the State level
and is appointed as Governor, he/she ceases to be a member of the Legislature or the
Council of Ministers.

The Governor is appointed for a term of five years but normally holds office during the
Structure of Government pleasure of the President. He/she may resign before the
expiry of the term or may be removed by the President earlier. As a matter of fact
while appointing or removing the Governor the President goes by the advise of the
Prime Minister. He/she is entitled to a rent-free residence which is called Raj Bhawan.
His/her emoluments, allowances and privileges are specified by the law. However, the
emoluments and allowances of the Governor cannot be reduced during his tenure.

The Governor: Powers, Position and Role

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The powers and functions of the Governor can broadly be categorised under two heads
namely (a) as the head of the State, and (b) as the representative of the Union
Government.

Under the head of the State you will study his/her executive, legislative, financial as
well as the power to grant pardon. We will first of all study these powers of the
Governor:

(A) Executive Powers

All the executive functions in the State are carried on in the name of the Governor.
He/she not only appoints the Chief Minister but on his/her advice appoints the members
of the Council of Ministers. According to a well established convention he/she calls the
leader of the majority party or an alliance of parties ( if no single party in the
Legislative Assembly gets majority) to form the Government. On the advice of the Chief
Minister he/she allocates portfolios among the ministers.

He/she appoints the Advocate- General and Chairman and members of the State Public
Service Commission.
He/she has the power to appoint judges of the courts, other than the High Court.
He/she, however, is consulted when the judges of the State High Court are appointed
by the President of India.

While discharging all his/her functions as Head of the Executive in the State, the
Governors like the President, is aided and advised by the Council of Ministers headed
by the Chief Minister.

(B) Legislative Powers

The Governor is an inseparable part of the State Legislature and as such he/she
possesses certain legislative powers as well.
The Governor has the right to summon and prorogue the State Legislature. He/she can,
on the recommendation of the Council of Ministers headed by the Chief Ministers
dissolve the State Legislative Assembly.
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He/She can address the session of the State Legislative Assembly or Joint Session of the
two Houses of the Legislature. He can send messages to either or both Houses.
He/She can nominate one member of the Anglo Indian Community to the State
Legislative Assembly, if he/she is satisfied that after General Elections, the said
community is not adequately represented in the Assembly (for details regarding the
State Legislature.
He/she nominates one-sixth members of the total strength of the Legislative Council if
the same is existing in a State. Such nominated members are those who possess
special knowledge in the field of literature, science, cooperative movement and social
service.
The assent of the Governor is necessary for a bill to become a law. In this regard, the
Governor has the following options :
(a) He/she may give assent to the bill; in that case the bill becomes a law;
(b) He/she may withhold the assent; in which case the bill fails to become a law;
(c) He/she may return the bill with his message. If the State Legislature passes the bill
in its original shape or in a modified form, the Governor has to give the assent to the
bill;
(d) He/she may reserve the bill for the consideration of the President.

The Governor has the power to issue ordinances during the period when the State
Legislature is not in session. However, the ordinance has to be placed before the State
Legislature when it reassembles for the next session. It ceases to operate after six
weeks, unless earlier rejected by the Legislature.The Legislative Assembly may replace
the ordinance by a law enacted by it within the said period.

The legislative powers, like the executive powers, of the Governor are, in practice
exercised by the State Council of Ministers, headed by the Chief Minister.

(C) Financial Powers

1. No money bill can be introduced in the State Legislative Assembly without the prior
permission of the Governor.
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2. The annual and supplementary budgets are introduced in the Assembly in the name
of the Governor.
3. The Governor has the control over the State Contingency Fund.

(D) Power of Pardon

The Governor possesses the power to grant pardon reprieves, respites or remission of
punishment or to suspend, remit or commute the sentence of any person convicted by
the Courts of any offence against any law relating to a matter to which the executive
power of the State extends.

(E) Discretionary Powers

As has been stated earlier that while exercising the executive, legislative, financial and
judicial powers the Governor is aided and advised by the Council of Ministers headed
by the Chief Minister. These powers are enjoyed by him/her as the Head of State. There
are a few more powers which he/she possesses as the representative of the Central or
Union Government. These powers are also called discretionary powers. It is under
special circumstance that the Governor may act without the advice of the Council of
Ministers. In other words, such powers of the Governor are exercised in his/her own
discretion. They are:

1. A situation may arise when in the opinion of the Governor there is the breakdown of the
constitutional machinery in the State. In such a case, the Governor may report the
situation to the President for imposition of the President’s Rule in that State. As the
Governor exercises this power on his/her own, it is called the discretionary power of the
Governor. In case the Governor’s report is accepted by the President, and he/she
proclaims emergency under Article 356, the State Council of Ministers is removed, and
the State Legislative Assembly is either dissolved or put under suspension. During such
emergency, the Governor rules on behalf of the President.
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Structure of Government
2. A situation may also arise when the Governor may reserve a bill for the consideration
of the President. As the Governor does or can do this job on his own, it again is one of
his discretionary powers.
The discretionary powers of the Governor were meant for extraordinary and emergency
situations. However, in practice these have not only been used in such situations, but
have been made use of relating to normal powers in controversial manner. This has led
to creating tension between Union and State relations.

Position and Role of the Governor

After looking at the list of powers enumerated, you must be feeling that the Governor
of a State is a very powerful person. In a parliamentary system, as you know, the
Council of Ministers is responsible to the legislature and therefore, the real powers are
exercised by it and not the Governor. He/she, like the President, has to act according to
the advice of the Council of Ministers, headed by the Chief Minister. Hence, the
Governor ordinarily has to act as a constitutional or ceremonial head.

However, under extraordinary situations, the Governor gets an opportunity to exercise

his/ her authority according to his/her discretion. Since the 1967 General Elections,
when several States opted for Samyukta Vidhayak Dal (SVD) governments, due to the
discretionary powers, the office of the Governor has become quite controversial. The
Governors have acted according to their whims and on certain occasions have tried to
please the ruling party at the National Government level. According to the
constitutional experts, the Governor’s role in three respects i.e. recommending to the
President for the proclamation of emergency; appointing a Chief Minister in case no
party gets a clear majority and
deciding the fate of the Chief Minister in case of intra-party defections, has become
very controversial. The deterioration in the political standards and practices that has
come about in the wake of multi-party ministries in many of the States, party rivalries,
political defections and fragmentation of the political parties has been at the root of
these controversies. Suggestions and recommendations of the Administrative Reforms
Commission as well as of Sarkaria Commission have remained only on paper, in spite of
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the fact that these recommendations would help in minimising partiality on the part of
the functioning of the Governors.

Question
1. Governor is an agent of Central Government: critically examine the role of governor
2. Discuss the functions and powers of Governor in a state adminitration
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LESSON 18
CHIEF MINISTER
Powers and Functions of Chief Minister of a state According to article of the Indian
Constitution 164, the chief minister is appointed by the governor. Art. 164 of the
Constitution provide that there shall be a Council of Ministers with the Chief Minister at
its hand to aid and advice the governor. The governor has to appoint the leader of the
majority party in the state legislative assembly as the chief minister not according to
his wishes. The chief minister is regarded as the real head of the government.

Chief Minister is the de facto executive while the governor is the de jure
executive of the states. Once the election to the Legislative Assembly is over the task
of forming the government begins. The party with the majority in the Legislative
Assembly (Vidhan Sabha) is entitled to form the government. It is upon his
recommendation that ministers are appointed. The chief minister may be a member of
the lower house of the state legislature or the upper house of the state legislature. But
in most of the cases he belongs to the lower house. The governor may use his personal
discretion in the selection and appointment of Chief Minister when no party has clear
majority in the state legislative assembly. The Chief Minister holds a pivotal position in
the working of the State Government. He has enormous powers and vast
responsibilities.

Powers and Functions of Chief Minister

The powers and functions of Chief Minister are as follows:

1. To Aid and Advice the Governor: The Chief Minister is the link between the Cabinet
and the Governor. It is he who communicates to the Governor all decisions of the
Council of Ministers. He has to furnish such information relating to the administration of
the State as the Governor may call for. The Governor can submit to the consideration of
the Council of Ministers any matter on which decision has been taken by a Minister but
which has not been considered by the Council of Ministers.
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2. The Chief Minister is at the Head of the Council of Ministers: As Head of the State
Cabinet, the Chief Minister enjoys the following powers:
(i) Formation of the Ministry: The other Ministers are appointed by the Governor on the
advice of the Chief Minister. The Chief Minister has a free hand in preparing the list of
his colleagues. The Governor may suggest the names of the persons to be included in
the Ministry, but he cannot insist upon any person to be included in the Ministry.
Assigning departments or portfolios to the Ministers is done by the Governor on the
advice of the CM. The CM can allocate and reshuffles portfolios among ministers.
Other than this the CM has the following important powers;
1. The activities of all ministers are coordinated, guided and controlled by the chief
minister.
2. The meetings of the council of ministers are presided by him
3. He influences the decision of the council of ministers.
4. He can ask the governor to dismiss any minister or he can ask a minister to resign.
5. If the chief minister resigns that the government also collapses. 6. He is the channel
of communication between the council of ministers and the governor.
7. The government policies are announced by him in the floor of the house.
8. He advices the governor to summon the sessions of the state legislature.
9. Chairman of the state planning board
10. Member of the Inter State Council and the National Development Council both
headed by the prime minister.
11. Vice chairman of the concerned zonal council by rotation.
12. Crisis manager in chief at political level during emergencies.

Position of Chief Minister:

The position of the CM is pre-eminent in the State governmental system. In practice,
his position will be imposing only when his party commands a clear majority in the
State Legislature. When it is a coalition government, it becomes difficult to safeguard
the principle of collective responsibility also. Much of the time and energy of the Chief
Minister will, in that case, be wasted on keeping his team united and sufficiently
disciplined. The Chief Minister is the chief spokesperson of the government of a State.
With the help of the media, the Chief Minister communicates all policies and decisions
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to the people of the state. He holds regular or periodic press conferences wherein
he/she makes the citizens of a state aware of the functioning of the government.

Important Article related to Chief Minister

1. Article 163 – The council of Ministers should aid and advice the governor
2. Article 164- Other provisions as to minister
3. Article 166- Conduct of the business of the house
4. Article 167 - Duties of Chief Minister regarding furnishing information to the governor

Questions
1. Elucidate the powers and functions of chief Minister
2. Position of Chief Minister in the Indian Constitution
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LESSON 19
STATE SECRETARIAT

MEANING OF SECRETARIAT

The three components of government at the state stage are:

(i) the minister;
(ii) the secretary, and
(iii) the executive head. (The last one in mainly cases is
described the director, although other nomenclatures are also used to refer to the
executive head).

The minister and the secretary together constitute the Secretariat, whereas the office
of the executive head is designated as the Directorate.

Literally, the term ‗Secretariat‘ means the secretary‘s office. It originated at a time
when what we had in India was really a government run through the secretaries. A
power of governance passed bands of the popularly elected ministers and therefore the
Ministry became the seat of authority. In the changed political situation, the term
Secretariat has become a synonym for the minister‘s office. But because the secretary
is the principal adviser to the minister, he needs to be in the physical vicinity of the
minister.

In effect, so, Secretariat refers to the complex of structures that houses the office of
ministers and secretaries. The expression Secretariat, it has been observed, is used to
refer to the complex of departments whose heads politically are ministers and
administratively are the secretaries.

POSITION AND ROLE OF STATE SECRETARIAT

The following extract from the Administrative Reforms Commission‘s Report on State
Administration gives a succinct expression to the position and role of the State
Secretariat. The State Secretariat, as the top layer of the state administration, is
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primarily meant to assist the state government in policy creation and in discharging its
legislative functions. It also acts ―as a memory and a clearing house, preparatory to
sure kinds of decisions and as a general supervisor of executive action‖.

Functions of State Secretariat

The main functions of the State Secretariat are broadly as follows:

Assisting the ministers in policy creation, in modifying policies from time to time and in
discharging their legislative responsibilities Framing draft legislation, and rules and
regulations
Coordinating policies and programmes, supervising and controlling
their execution, and reviewing of the results Budgeting and control of expenditure
Maintaining get in touch with the Government of India and other state governments;
and

Overseeing the smooth and efficient running of the administrative

machinery and initiating measures to develop greater personnel and organizational
competence.

The administrative philosophy to which the secretariat system owes its subsistence is
that policy creation necessity be kept separate from policy execution.

Many advantages are claimed in favor of such an arrangement:

Freedom from operational involvement creates the policy creation

tools forward looking and allows it to think in conditions of overall goals of government
rather than narrow, sectional interests of individual departments.

Policy creation receives the time and attention it deserves, if dissimilar set of persons
are charged with the functions of policy creation as well as its execution. This is
because, policy creation, is a serious exercise in drawing up what would be a future
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course of action. It should not be treated as less urgent than policy execution, which
involves routine, day-to-day administration.

Secretariat serves as a disinterested adviser to the minister. It is significant to keep in

mind that the secretary is the secretary to the
government and not to the minister concerned, which ensures objective examination of
the proposals coming from the executive departments. It enables a more balanced
scrutiny of proposals.

Policy creation necessity be separated from current administration and day-to-day

implementation should be left to a dissimilar agency with executive freedom, which
ensures delegation of authority.

It should be in order at this stage to portray the broad dimensions of the Secretariat‘s
role in some detail. The foremost of these is the Secretariat‘s role in policy creation. It
assists the ministers in the formulation of governmental policies.

This has several characteristics.

First, the secretary supplies to the minister all the data and information needed for
policy formulation.

Second, the secretaries sometimes give the programmes, with content through working
out their details, on whose strength ministers are voted to power.

Third, the Secretariat assists ministers in their legislative work. Drafts of legislations to
be introduced in the legislature through ministers are prepared through the secretaries.
Besides, to answer questions in the Legislature, the minister needs relevant
information; the secretary supplies this information to the minister. Secretary also
collects information required with respect to the legislative committees.
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Fourth, the Secretariat functions as an institutionalized memory. This means that the
emerging troubles require an examination in the light of precedents. Records and files
maintained in the Secretariat serve as an institutional memory and ensure stability and
consistency in the disposal of cases.

Fifth, the Secretariat is a channel of communication flanked by one

government and another, and flanked by the government and such agencies as the
Planning Commission and Finance Commission.

Finally, the Secretariat evaluates and keeps track of execution of policies through the
field agencies.

STRUCTURE OF A TYPICAL SECRETARIAT DEPARTMENT

Vertically, a typical Secretariat Department has two hierarchical
formations; that of the officers and, what is described as the office.
Officers
Conventionally, the officers‘ hierarchy has had three stages. Under this, a typical
administrative department is headed through a secretary who will have a complement
of deputy secretaries and under/assistant secretaries. But with growth in the functions
of several secretariat departments, the number of stages in the officers‘ hierarchy has
been on the increase.
As a result, flanked by the secretary and the deputy secretary, in some states,
positions of additional and/or joint secretaries have also been created.

Office
A unique characteristic of the Secretariat System in India has been the distinction
flanked by its two component parts:

the transitory cadre of a few superior officers and

―the permanent office‖.
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The officers in each department, because they hold tenure posts, come and go. It is the
office, which is manned through permanent functionaries, which gives the much
needed element of stability to the secretariat department. Unlike officers, the office
constitutes the permanent element in the secretariat system.

The office component is comprised of superintendents (or section officers), assistants,

upper and lower division clerks, stent-typists and typists.

Office performs the spadework on the basis of which the officers consider cases and
create decisions. Office supplies officers with materials, which constitute the basis for
decision-creation.

The structure of a typical department comprises:

Department Secretary
Wing Additional/Joint
Secretary
Division Deputy
Secretary/Director
Branch Under Secretary
Section Section Officer

The section is the lowest organizational unit and it is under the charge of a section
officer. Other functionaries in a section are assistants, upper and lower division clerks,
stent-typists, typists, etc. A section is referred to as the office.

Two sections constitute the branch, which is under the charge of an under secretary.
Two branches ordinarily form a division, which is headed through a deputy secretary.
When the volume of work of a department is more than a secretary can manage, one
or more wings are recognized with a joint secretary in charge of each wing. At the top
of the organizational hierarchy is the secretary who is in charge of the department.
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PATTERN OF DEPARTMENTALISATION IN STATE SECRETARIAT

Each secretary is normally in charge of more than one department. The number of
secretariat departments would so be larger than the number of secretaries. The
number of secretariat departments, quite naturally, varies from state to state. Their
number broadly ranges flanked by 10 and 40 in dissimilar states. The number of
departments in a scrupulous state is not necessarily related to its size in conditions of
population. For instance, a small state like Mizoram had as several as 36 secretariat
departments in 1987, the
corresponding figure for Andhra Pradesh (which is a much larger state), was 19 in
1982.

Following is a typical instance of the pattern of departmentalization at the Secretariat

Stage:

General Administration Department

Home Department
Revenue Department
Food and Agriculture Department
Finance and Planning Department (Planning Wing)
Finance and Planning Department (Finance Wing)
Law Department
Irrigation and Power Department
Medical and Health Department
Education Department
Industries Department
Legislature Department
Panchayati Raj Department
Command Area Development Department
Transport, Roads and Structures Department
Housing and Municipal Administration and Urban Development
Department
 136

Labour, Employment and Technical Education Department

Social Welfare Department
Rural Development Department
Forest Department
Environment Department
Women and Child Welfare Department

Larger number of departments, in scrupulous states, would result from restricting the
scope of the functions and charges of those which may be created. Partly, such
augment in the number of departments may arise from the peculiar‘ troubles a
scrupulous state may face.

There is a lot of criticism about the work allocation existing in the secretariat
departments, which is:

First, work allocation is lop-sided in that some departments are burdened with more
work than others. Second, allocation is far from rational even in conditions of
homogeneity of work. Not only are the subjects handled through a scrupulous
department too numerous and so unmanageable but these are also too heterogeneous,
causing troubles of coordination. These are further aggravated when charges of
scrupulous departments are partial in scope.
DISTINCTION FLANKED BY SECRETARIAT DEPARTMENT AND
EXECUTIVE DEPARTMENT: DISCRETE PROCESSES OR A CONTINUUM

The Secretariat Department necessity is distinguished from the executive department.

The Secretariat has the function of aiding, assisting and advising the political executive
in arriving at policy choices.

The heads of executive departments – who are in the main recognized as director
(although other nomenclature is also used to refer to them) - have the responsibility of
implementing policies formulated through the political executive. So, the secretaries
assist in policy formulation whereas the directors‘ role lies in executing policy. Long
 137

ago, the Simon Commission had observed, that executive department is an

administrative unit separate from the Secretariat, which reaches its apex, usually, in a
single officer like the Inspector General of Police, or the Chief Conservator of Forests,
outside the Secretariat altogether. Such a head of a department will usually be
concerned principally with a single secretary to Government and a single... minister of
his orders and the funds which he has to spend.‘

Each secretariat department is in charge of a number of executive departments. This

number varies over a wide range with some departments taking charge of a much
larger number of executive heads than others. There is an average of 6 to 7 executive
departments in relation to one secretariat department. Though, it necessity be
cautiously noted that not all secretariat departments have executive departments
attached to them. Some of the secretariat departments are engaged in advisory and
controlling functions and so do not have executive departments reporting to them.
Examples are Departments of Law, Finance, etc.

The Secretariat and executive departments organizationally express the policy

formulation and policy execution processes involved in the functioning of the
government; the two may be looked upon as extensions of the personality of the
Council of Ministers. The former is a policy-creation organ, the latter a policy executing
organ.

The secretariat department is normally headed through a generalist civil servant

(drawn from the IAS), the executive department through a specialist. The specialist (the
head of the executive department) functions under the supervision of the generalist
(the secretary or the head of the secretariat department).

This can be illustrated with some examples, Director of Agriculture, who is a specialist,
in that he is trained in and holds a formal degree in agricultural sciences, would
function under the supervision of the Secretary, Agriculture (a generalist, an IAS). The
latter represents agriculture department at the secretariat stage, whereas the Director
 138

of Agriculture represents agriculture department at the executive stage. The director is

the executive head of the agriculture department - the Directorate of Agriculture.

Likewise, the home department in the Secretariat has the Director-General of Police as
its executive head of the department.. Similar correlation obtains flanked by education
secretary and education director, industries secretary and industries director, social
welfare secretary and social welfare director, and so on.

We have emphasized the distinctness of the roles of the Secretariat and the Directorate
through saying that, while the former is concerned with policy formulation, the latter is
concerned with policy execution (or with administering policy or to put it yet more
basically, the administration).

The question which may, so, be asked is whether policy and administration are discrete
processes. The answer is that at a conceptual stage, the two are separate; it is possible
to identify and describe them as two clearly distinguishable phenomena. But at a
practical plane, the two are inextricably interlinked, even tend to become
indistinguishable and, so, it is hard to say where the policy ends and administration
begins.

Policy is concerned with political choices and involves questions of

broader values, whereas administration is concerned with implementing programmes
emanating from scrupulous policy decisions. Administration, so, involves such details of
execution as framing organizational structures, staffing of organisations, coordinating
activities, directing, controlling, motivating the personnel and so on.

That the two are dichotomies is the traditional view, which owes its origin to Woodrow
Wilson‘s essay of 1887, The Revise of Administration‘. Politics, he said, is the proper
activity of Legislature and other policy-creation groups (e.g., political parties, cabinet,
etc.). Administration is the sphere of administrators who carry out the policies stated in
the laws. The context of the dichotomy was the civil service reform movement of the
1880s in the United States, which aimed to eliminate political interference in civil
 139

service. It was argued that civil service recruitment should, in the interest of
administrative efficiency, be based on thoughts of merit and fitness rather than
partisan politics.

In other words, politics should be kept out of administration. Max Weber further
justified separation of policy from administration through arguing that the attributes of
politicians are exactly the opposite of those of the civil servants. The essence of politics
is to take a stand, to take personal responsibility for the policies decided on, and to
admit the transitory nature of the political role. The essence of administration is to
execute conscientiously the order of the political authority, even if it appears wrong to
the administrator. The administrator is politically neutral. He basically does what he is
asked to do and assumes no personal responsibility.

Though, the complexities of governmental operations have increasingly required

administrators to become involved in policy creation or political decisions. As a result of
this, it is in practice found to be hard to draw a clear boundary separating policy and
administration, or to say where policy ends and administration begins. This would be
clear from the following.

Sources of Administrative Expertise

There are many sources from which the modem day administrators have obtained a
type of expertise‘, which the politicians need to use when formulating policies as:
(i) The administrators stay in office longer (they are career civil servants) than the
politicians, who come and go with elections, the
former have opportunities of giving sustained attention to troubles. From this, they gain
an invaluable type of practical knowledge that comes from the experience of handling
these very troubles day in and day out. This knowledge is conserved in records and
transmitted to new generations of civil servants through training programmes. This
monopoly of experience and practical knowledge coupled with stability in office gives
them a decisive edge over politicians in framing policies,
 140

(ii) The administrators are in possession of facts, figures, information and intelligence
concerning the specific areas in which policies is to be framed. Politicians would need
these data and statistics in formulating policies,
(iii) Administrative expertise also comes preeminently from the fact that the
governments of today employ a large diversity of professionals (doctors, engineers,
scientists, economists, etc.). They possess technical knowledge, which forms a vital
input in policy creation,
(iv) The advent of merit system has also helped to build up administrative expertise
through attracting better talent in civil service and loosening the grip of politicians on
civil service.

Administrators’ Role in Policy Creation

The augment in civil service expertise, together with growth in the
functions of government and rising complexity of administration, has resulted in a
rising dependence of politicians on administrators in the task of policy creation. This is
reflected in the following:

Policy creation exercise is done on the basis of facts, figures, information and data,
which are supplied through the bureaucracy. In other words, politicians, in order to
enhance the credibility of the policies they frame, depend on the administrators‘ data
support to their policies.

Civil servants based on their long administrative experience, tender

advice to the lay politicians on the administrative, technical and financial feasibility of
the several policy options under consideration.

Civil servants prepare the draft legislations (bills), which after ministerial approval, are
placed before the legislature for its consideration. In other words, administrators
initiate the procedure of public policy formulation, which in its final form assumes the
shape of an Act passed through the Legislature.
 141

Administrators formulate policy through the exercise of administrative discretion. When

an administrator is required to choose flanked by alternative courses of action within a
policy frame, he is said to exercise discretion. In this sense, administrators are
described as supplementary lawmakers. Because here, the actual content of policy
becomes entirely a matter for bureaucratic determination. Here administrators actually
decide how the power of the State shall be used in specific cases. In modem times,
there has come about a tremendous augment in administrative discretion through
virtue of an incessant augment in the volume of legislation to be enacted.

Legislature is under the circumstances, compelled to confine itself to indicating broad

framework of law, leaving details to be filled up through the administrative agencies.

The rising diversity and complexity of laws to be enacted has further circumscribed the
Legislature‘s competence: The legislators do not have the technical know-how and
training to venture into the details of scrupulous legislations. This further necessitates
exercise of administrative discretion.

And, at any rate, if the Legislature delves into the details of each law, this would be at
the cost of other significant duties and functions of the legislators and so an
undesirable thing to happen. This, coupled with the assurance that it has the necessary
means accessible to hold administration accountable to itself has, in fact, encouraged
the Legislature in its attitude of not delving too deeply
into the details of the enactments it formulates. And, it is not possible to work out the
details of the enactments for another cause too. Ultimately, the policy is to be executed
in the field where an administrator necessity necessarily face a bewildering diversity of
situations as he sets himself to the task of policy execution. For the law creation
agency, it is clearly not possible to visualize, at the point of legislation, the dissimilar
diversity of situations that may arise in the field. For this cause, once again, the policy
makers necessity do no more than give only broad guidelines in the legislations they
frame.

CHIEF SECRETARY
 142

Position of Chief Secretary

Every state has a Chief Secretary. This functionary is the kingpin of the State
Secretariat, his control extending to all secretariat departments. He is not basically first
in the middle of equals, he is, in fact, the chief of the secretaries.

The Chief Secretary‘s pre-eminent position is clearly reflected in the varied roles he or
she assumes in the state administrative set-up.

The Chief Secretary is the chief advisor to the Chief Minister and Secretary to the State
Cabinet. He is the head of the General Administration Department whose political head
is the Chief Minister, himself.

Chief Secretary is also the head of the civil services in the state. He is the main channel
of communication flanked by the state government and the Central and other state
governments. Chief Secretary is the chief spokesman and public relations officer of the
state government and is looked upon to give leadership to the state‘s administrative
system.

The office of the Chief Secretary is an institution unique to the states; it is without a
parallel in the administrative landscape of the whole country.

The Chief Secretary‘s office has, for instance, no parallel in the Central government.
The work he performs in relation to the state government is, at the Union stage, shared
through three high-ranking functionaries of more or less an equal status, i.e., Cabinet
Secretary, Home Secretary, and Finance Secretary. This is a vivid reflection on the wide
scope of the duties and powers of the Chief Secretary.

Yet another important reflection on the position of the Chief Secretary‘s office is the
fact that it has been excluded from the operation of the tenure system.

Chief Secretary would normally retire as the Chief Secretary or else he would, from this
position, move to the Union government to take up a more significant position. In
 143

considering the position of the Chief Secretary, another fact needs to be taken note of.
The incumbent of this office is not necessarily the senior mainly civil servant of the
state. This was at any rate the situation till 1973 when, for instance, In U.P., the Chief
Secretary was junior in rank
and seniority to the members of the Board of Revenue. Same was the case in Punjab,
where he was junior to the Financial Commissioner.

Since 1973, though, the office of the Chief Secretary has been standardized; its
incumbent since then has begun to hold the rank of the Secretary to Government of
India and receives emoluments admissible to the latter.

How does the clamping, of the Presidents‘ rule on a state affect the Chief Secretary‘s
Office? Where the Centre does not appoint advisers throughout the President‘s rule, the
Chief Secretary becomes clothed with the powers belonging to the Chief Minister.

When, though, central advisers are appointed, it tends to inhibit the Chief Secretary in
his administrative capability because the former are drawn from the ranks of senior
civil servants (senior to the state‘s Chief Secretary) as a result of which a hierarchical
relationship becomes operative.

Functions of Chief Secretary

The principal functions of the Chief Secretary are listed below:

He is the principal adviser to the Chief Minister in which capability he, inter '"alia, works
out the detailed administrative implications of the proposals made through ministers
and coordinates them into a cohesive plan of action.

The Chief Secretary is the secretary to the Cabinet. He prepares the agenda for Cabinet
meetings, arranges them, maintains records of these meetings, ensures follow-up
action on Cabinet decisions, and gives assistance to Cabinet committees.
 144

The Chief Secretary is the head of the civil services of the state. In that capability, he
decides on the postings and transfers of civil servants.

Through virtue of the unique position he holds as the head of the official machinery and
adviser to the Council of Ministers, the Chief Secretary is the coordinator-in-chief of the
Secretariat departments. He takes steps to secure inter-departmental cooperation and
coordination.

For this purpose, he convenes and attends a large number of meetings at the
Secretariat and other stages. Meetings serve as a powerful tool of effecting
coordination and securing cooperation of dissimilar agencies.

As the chief of the secretaries, the Chief Secretary also presides over a large number of
committees and holds membership of several others.

Besides, he looks after all matters not falling within the jurisdiction of other secretaries.
In this sense, the Chief Secretary is a residual legatee.

The Chief Secretary is the secretary, through rotation, of the Zonal

Council of which the scrupulous state is a member.

He exercises administrative control over the secretarial structures, including matters

linked with space allocation. He also controls the
Central Record Branch, the secretariat library, and the conservancy and watch and
ward staff.

The Chief Secretary also controls the staff attached to the ministers.
In situations of crisis, Chief Secretary acts as the nerve centre of the state, providing
lead and guidance to the concerned agencies in order to expedite relief operations. It
would be no exaggeration to say that in times of drought, flood, communal
disturbances, etc., he virtually represents the government for all the functionaries and
agencies concerned to give relief.
 145

In conclusion, it may be noted that a host of personnel matters and several other
minute and unimportant administrative details consume a sizeable chunk of the Chief
Secretary‘s time.

The Administrative Reforms Commission is constrained to agree with the following

observations of the Maharashtra Reorganization Commission (1962-68) on the manner
in which the Chief Secretary has become burdened with trivial details: ―... it seems
unfortunate
that the highest official in the state has to sign gazette notifications of appointments.
promotions, transfers leave, etc., that he has to spend time on minutiae of protocol,
passports, etc.‖ To rectify this situation, the ARC has recommended that this
functionary be relieved of the work of routine nature as well as be provided with
appropriate staff assistance. That alone will ensure speedy implementation of decisions
and effective coordination of policies and programmes of the state government.

Questions
1. What are the functions of state secretariat?
2. Critically evaluate the role Chief Secretary?
3. Elaborate Departmentalization of Secretariat
 146

LESSON 20
CENTRE-STATE ADMINISTRATIVE RELATIONS
Indian Constitution is neither purely 'federal' nor purely 'unitary'. The federal form is
clearly manifest in the constitutional distribution of powers between the union and the
states not only in the legislative field but also in executive and administrative fields.

In normal times, the constitutional scheme has to ensure autonomy of the states
in regard to the spheres of activities earmarked for the states in the Constitution.
Specific subjects have been allocated to the exclusive fields of the centre and the
states respectively and certain subjects have been allocated to the 'concurrent field'
with the stipulation that in the 'state' and 'concurrent' fields, the states should have the
freedom to follow their own policies except to the extent that Parliament itself decides
to legislate under the powers given to it under the Constitution.
Historically, a highly centralised colonial government had slowly been
transformed into a semi-feudal set-up. In post-Independent India, the needs of planned
development, national integration and maintenance of law and order resulted in a
considerable degree of centralisation of powers in the hands of the centre. Single party
rule for a long period of time has also contributed to the increasing preponderance of
the centre. c'k"1tre-state relationship in reality is a matter of interaction between the
two levels of governments in course of discharge of their duties to people. In
administering subjects like education, health, agriculture, etc. the two levels of
 147

governments have to interact in the interest of efficient management of these

functions. Administrative problems assume political colours when the interactions are
conditioned by considerations of of power and hegemony.

As the Administrative Reforms Commission commented "The problem of Centre-

State relations has acquired new dimensions and new importance in recent times due
to several political parties being in power at the Centre and in the States." In this
lesson, we will study about the division of administrative powers between the centre
and the states and constitutional and extra-constitutional devices for securing
cooperation between the two sets of governments. This lesson will also discuss about
the different ways in which the union exercises its control over the States.
CENTRE-STATE ADMINISTRATIVE RELATIONS
As earlier pointed out, the Constitution has clearly delimited the scope of legislative
and executive authority of the union and the states. It is at the same time expressly
provided under Article 256 of the Constitution that the executive power of the 'states
shall be so exercised as to ensure compliance with the laws of Parliament. Also the
union executive power extends to the giving of such directions to the states as may
appear to the Government of India to be necessary for the purpose. It is further
stipulated under Article 246 of the Constitution that if the state government fails to
endorse the laws passed by the Parliament within its jurisdiction, the union government
can issue directions to the states to ensure their compliance. Adequate provisions have
been made in the Constitution for the division of executive powers between tht centre
and the states. The executive power of the centre extends primarily to matters with
respect to which Parliament has exclusive authority to make laws. Similarly the
executive powers of the states extend to all those matters which are within their
legislative domain. But with regard to the matters which are in the concurrent list there
are three courses of action with the parliament in reference to the enforcement of
legislation. It can leave it entirely to the states or may take over the task of 'enforcing it
or it may take upon the enforcement of a part of the law, leaving the rest of it to the
states for enforcement. The executive power of the union also extends to giving of
directions to the states as to the construction and maintenance of means of
communication declared to be of national or military importance. The union
 148

government can give directions to the states for the protection of railways within the
states. There is a constitutional provision under which the President may, with the
consent of a state government, entrust either conditionally or unconditionally to a state
or to its officers, functions in relation to any matter falling within the ambit of union
executive power. A state can also, with the consent of union government confer
administrative functions on the union. India, being a federation, the Constitution
establishes dual polity with the union at the centre and the states at the periphery. The
dual government system-and the division of powers are key features of the federal
system. Since cooperation and coordination between the central and state
governments are necessary for smooth running of the federation, the Constitution
provides for a detailed division of executive, legislative and financial powers.

The administrative relations between the union and states can be discussed under two
parts:
(a) powers exercised by union over the states as granted by the Constitution and
(b) powers exercised by extra constitutional agencies.

Division of Administrative powers between the centre and the states as per
Centre-State Administrative constitutional provisions:

a) Directives by the union to the state governments: The executive power of the
union also extends to giving of direction to the state under Article 256 for their
compliance. This power of the Union extends to the limit of directing a state in a
manner it feels essential for the purpose. For instance, the union can give directives to
the state pertaining to the construction and maintenance of means of communication
declared to be of national or military importance or protection of railways within the
state. This is essential to ensure the implementation of parliamentary laws throughout
the country. Non-compliance of the directives might lead to a situation where the union
can invoke Article 356, for imposition of President's rule in the state and take over the
administration of state.
b) Delegation of union functions to the states: Under the constitutional provision
of Article 254 the President may, with the consent of the state government entrust
 149

either conditionally or unconditionally to the government, functions relating to any

matter falling within the ambit of union executive power. Under clause (2), Parliament
is also entitled to use the state machinery for the enforcement of the union laws, and
confer powers and entrust duties to the state. A state can also, with the consent of
union government confer administrative functions on the union.

c) All India Services: Besides central and state services, the Constitution under
Article 312 provides for the creation of additional "All-India services" common to both
the union and states. The state has the authority to suspend the officials of All India
Services. The power of appointment and taking disciplinary action against them, is
vested only with the President of India. The idea of having an integrated well knit All
India Services to manage important and crucial sectors of administration in the country
which was the legacy of the past was incorporated in our Constitution. Their
recruitment, training, promotion disciplinary mattes are determined by the central
government. A member of the Indian Administrative Service (IAS) on entry into the
service is allotted to a state where he/she serves under a state government. This
arrangement wherein a person belonging to the All India Service being responsible for
administration of affairs both at the centre and states, brings co-operation in
administration.

d) Deployment of Military and Para-military Forces: These can be deployed in a

state by the union, if situation warrants, even against the wishes of the state
government.

e) Constitution of Joint Public Service Commission for Two or more States: We

have discussed in the Unit on Union Public Service Commission (UPSC) in Block 2 of this
course that apart from UPSC and State Public Service Commission, the Constitution also
provides for a Joint Public , Service Commission. When two or more states through a
resolution to that effect, in their respective legislatures agree to have one such
Commission, the Parliament may by law, provide for a joint commission. The
constitution of the Commission facilitates inter-governmental co-operation. There is
also a provision in the Constitution wherein, on request by two or more states the UPSC
 150

can assist those states in framing and operating schemes of joint recruitment to any
service for which candidates with special qualifications are required.
f) Judicial System: A distinctive feature of our federal system is the presence of
integrated judicial system. Though we have federal form of government with two sets
of government and dual powers, there is no dual system of administration of justice.
This is clear bv the presence of single integrated chain of courts to administer both
union and state laws with the Supreme Court at the apex of hierarchy of courts. The
practice of having one set of courts which was present in our country under the
Government of India Act 1935 continued thereafter under our Constitution. The state
governments are empowered to undertake the administration of justice and to
constitute courts for this purpose. Hence, there is a High Court in each-state as the
highest court within the territory of state which is required to administer both the union
and the state Iaws. Hence, the Constitution stipulates that the Chief Justice of the High
Court be .appointed by the President in consultation with the Chief Justice of India and
the Governor of the State. The Constitution also provides for creation by the Parliament
through law, a common High Court for two or more states. For example, the states of
Assam and Nagaland have a common High Court. The administration of justice falls
entirely within the sphere of state irrespective of whether a matter pertains to civil or
criminal law or whether such a law is enacted by Parliament or state legislature.
g) Inter-State Council: India is a union of states wherein the centre plays a
prominent role but at the same time is dependent on the states for the execution of its
policies. The Constitution has provided for devices to bring about inter-governmental
co-operation, effective consultations between the centre and states so that all
important national policies are arrived at through dialogue, discussion and consensus.
One such device is the setting up of the Inter-State Council. The President is given the
powers under Article 263 of the Constitution to define the nature of the duties of the
Council. The Council is to inquire into and advise upon disputes which may have arisen
between the states. In addition, it may investigate and discuss subjects of common
interest between the union and the states or between two or more states in order to
facilitate co-ordination of policy and action.
 151

Three such councils have been set up - (i) Central Council of Health; (ii) Central
Council of Local Self-Government; and (iii) Transport Development Council.

Based on the Sarkaria Commission's recommendations, a permanent Inter-State

Council has been created on I April 1990, consisting of six Union Cabinet Ministers and
the Chief Ministers of all the States and those Union Territories with a Legislative
Assembly with Prime Minister as the Chairman. The Sarkaria Commission
recommended that in order to differentiate the Inter-State Council from other bodies
set up under the Article it must be called Inter-Governmental Council.

h) Inter-State Water Disputes: In India there are many inter-state rivers and their
regulation and development has been a source of inter-state function. These relate to
the use, control and distribution of waters of inter-state rivers for irrigation and power
generation. In the Indian Constitution, water-related matters within a state are included
in the state list, while the matters related to inter-state river waters are in the union
list. Keeping in view this problem of unending river water disputes, the Constitution
framers vested the power to deal with it, exclusively in Parliament. The Parliament
hence, may by law provide for the adjudication of any dispute or complaint, with regard
to use, distribution or control of the waters. The Inter-State Water Disputes Act was
enacted by the Parliament in 1956 according to which tribunals are set up for
adjudication of water disputes referred to them. The Union government has so far, set
up four Inter State Tribunals for Narmada, Krishna, Godavari and Cauvery. Parliament
may constitute an :authority like the Inter-State Commerce Commission in the USA to
enforce the provisions of the Constitution relating to freedom of trade, commerce and
intercourse throughout the territory of India. Such an authority has however not yet
been set up.

Federal government involves dual government. It is therefore necessary to provide for

the acceptance of public acts of both governments to avoid inter-governmental conflict.
In the functioning of federation, a state refusing to recognise acts and records of
another state may give rise to confusion and inconvenience. To eliminate such a
possibility, the Constitution of India provides the 'full faith and credit clause'. Article
 152

261 (i) of the Constitution stipulates that full credit and faith shall be given throughout
India to public acts, records, and judicial proceedings of the union and all the states.
The term 'public acts' relates to not only statutes but to all other legislative and
executive acts of the union and the states. This clause serves a very important purpose
of eliminating any possible hindrance to the normal transaction of administrative
activities in the Indian federation
Question
1. Examine the Centre-State Administrative Relations
2. Bring out the recommendation of Sarkaria Commission.

UNIT V

Lesson 21

District Collector

Introduction
District Administration means the management of the task of government so far as it
lies within an area legally recognized as a district. According to Khera, “District
administration is the total management of public affairs within this unit.” The district is
kept under the charge of a district officer—called either Deputy Commissioner or
District Collector who acts as the eyes, ears and arms of the State Government. As
such D.C.’s task is of pivotal nature. This task is of five kinds viz., Revenue, Magisterial,
Judicial, Executive and Development.

District Collector
 153

Currently in many States, IAS officers are posted as Collectors/District Magistrates soon
after they get their senior scale i.e., on completion of about four years of service. Since
the duration of the institutional training for All India Service officers itself is of two
years, his entire repertoire of public administration consists of two years of work either
in the field as Sub Divisional Magistrate or as an Under Secretary in the State
Secretariat, when he, is catapulted to this post of immense responsibility.

Each district in India has an officer-in-charge who represents the state governments in
that area in the capacity of Collector, District Magistrate and District Officer. He is
designated as Collector in some of the states like Rajasthan and Madhya Pradesh and
Deputy Commissioner in states like Haryana and Punjab.

He is the head of the administration in the district and for the performance of his
functions he has a well-knit hierarchy in the district. The function of the Collector are
well known; their keynote is “Quantity, not Quality”; Whatever cannot be assigned to a
well-defined or technical department is given to the Collector, but which ever serves as
a source of strength to him like the control over the police is assigned to an outsider.

The Collectorate plays a pivotal role in the District administration.

A District Collector, also referred to basically Collector, is the chief
administrative and revenue officer of an Indian district. The Collector is also referred to
as the District Magistrate, Deputy Commissioner and, in some districts, as Deputy
Development Commissioner. A District Collector is a member of the Indian
Administrative Service, and is appointed through the State government.

Evolution of District Collector

District Administration in India is a legacy of the British Raj. District Collectors were
members of the Indian Civil Service, and were charged with supervising general
administration in the district.
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Warren Hastings introduced the office of the District Collector in 1772. Sir George
Campbell, Lieutenant-Governor of Bengal from 1871-1874, planned ―to render the
heads of districts no longer the drudges of several departments and masters of none,
but in fact the general controlling authority over all departments in each district."

The office of the Collector throughout the British Raj held multiple
responsibilities– as Collector, he was the head of the revenue organization, charged
with registration, alteration, and partition of holdings; the settlement of disputes; the
management of indebted estates; loans to agriculturists, and famine relief. As District
Magistrate, he exercised general supervision over the inferior courts and in scrupulous,
directed the police work. The office was meant to achieve the "peculiar purpose" of
collecting revenue and of keeping the peace. The Superintendent of Police, Inspector
General of Jails, the Surgeon General, the Chief Conservator of Forests and the Chief
Engineer had to inform the Collector of every activity in their Departments. Though the
Additional Commissioners of Income Tax are significant officials of the district they do
not have to send a report to the collector as they work for the central government and
not the state governments.

Until the later part of the nineteenth century, no native was eligible to become a
district collector. But with the introduction of open competitive examinations for the
Indian Civil Services, the office was opened to natives. Anandaram Baruah, the sixth
Indian and the first Assamese ICS officer, became the first Indian to be appointed a
District Magistrate.

The district sustained to be the unit of administration after India gained independence
in 1947. The role of the District Collector remained largely unchanged, except for
separation of mainly judicial powers to judicial officers of the district. Later, with the
promulgation of the National Extension Services and Community Development
Programme through the Nehru government in 1952, the District Collector was
entrusted with the additional responsibility of implementing the government's
development programs in the district.
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APPOINTMENT
District Collectors are appointed through the State government, from in the middle of
the pool of Indian Administrative Service officers in the state. The members of the
Indian Administrative Service are either directly recruited through the Union Public
Service Commission or promoted from civil services of the State government. The
direct recruits are posted as Collectors in their twenties and thirties whereas the
promotees from state civil services usually occupy this position in their fifties.

DUTIES
The District Collector is entrusted with a wide range of duties in the jurisdiction of the
district. An Indian district has flanked by 11,054,131 to 7,948 residents, with an
average of two million residents. The area of land in a district also varies widely, from
45,652 km (larger than Denmark or Switzerland) to 9 km. While the actual extant of the
responsibilities varies in each State, they usually involve:

As Collector:
Land assessment
Land acquisition
Collection of land revenue
Collection of income tax dues, excise duties, irrigation dues etc.
Sharing of agricultural loans
As District Magistrate:
Maintenance of law and order
Supervision of the police and jails
Supervision of subordinate executive magistracy
Hearing cases under the preventive section of the criminal procedure code
Supervision of jails and certification of execution of capital sentences
As Crisis Administrator
Disaster management throughout natural calamities such as floods, famines or
epidemics
Crisis management throughout riots or external aggression
As Development Officer
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Ex-officio chairman of the District Rural Development Agency, which carries out several
developmental activities
Chairman of the District Bankers Coordination Committee
Head of the District Industries Centre
He is assisted through the following officers for carrying out day to day work in several
fields:--
Additional deputy commissioner
Assistant commissioner (general)
Assistant commissioner (grievances)
Executive magistrate
District revenue officer
District transport officer
District development and panchayat officer
Civil protection officer
Urban ceiling officer

Supervision of the Local Bodies:

He is entrusted with the functions of supervising and controlling the working of local
bodies in the District, viz., District Boards, Village Panchayats, Municipal Committees,
etc. According to Palande, “He has also to see that in matters of sanitation proper steps
are taken by the local bodies particularly on the outbreak of epidemics.”

Development Functions:
With the dawn of independence, India has embarked upon a new era of welfare state
and community life. Hence his developmental duties comprise of dispelling of
ignorance, eradication of superstition, spread of co-operative institutions and
Panchayats, increase of community projects and national extension schemes,
rehabilitation of refugees and encouragement of awareness of rights and duties, etc.,
etc.

In fact performance of such duties gives him ample opportunities to come in contact
with the people and prove his worth as a public servant in the true sense. The Imperial
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Gazetteer as quoted in preceding pages throws enough light on the developmental

functions of the Collector (D.C.) even of the British times.

As Returning Officer:
The Collector is the Returning Officer for elections to Parliamentary and Vidhan Sabha
Constituencies and is responsible for effecting coordination of election work at district
level.

As District Census Officer:

He is responsible for conduct of census operations once in 10 years. He appoints
enumerators, provides for their training and arranges timely supply of forms.

The famous Simon Commission also gave a nice portrayal of the District Officer, during
the Britishers’ Rule—”He is the embodiment of the government

Questions
1. Give an account of an evolution of collector in district administration
2. Explain the collector’s appointment and his duties

LESSON 22

THE DISTRICT RURAL DEVELOPMENT AGENCY (DRDA)

DRDA has traditionally been the principal organ at the district level to oversee the
implementation of anti-poverty programmes of the Ministry of Rural Development. This
agency was created originally to implement the Integrated Rural Development
Programme (IRDP). Subsequently the DRDAs were entrusted with number of
programmes of both state and central governments. From April 1999 [1]a separate DRDA
Administration has been introduced to take care of the administrative costs. This aims
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at strengthening the DRDAs and make them more professional in managing the anti-
poverty programmes and be an effective link between the ministry and the district
level.

Rural development and poverty alleviation programmes are implemented on a

decentralised basis, keeping in view the large geographical areas, the administrative
requirements and the need to involve grassroots-level officials and the community in
the implementation of the programmes. At the central level the Ministry of Rural Areas
& Employment has been implementing these programmes. The Ministry is responsible
for the release of central share of funds, policy formulation, overall guidance,
monitoring and evaluation of the programmes. At the State level Prl Secretary, Rural
Development and the Commissioner of Rural Development are overall incharge for
implementation of the rural development programmes. At the District level, the
programmes are implemented through the DRDAs (District Rural Development
Agencies). The governing body of DRDA includes Members of Parliament (MPs),
Members of Legislative Assemblies (MLAs), District level officials of Development
Departments, Bankers, NGO's and representatives of weaker sections of the society.
The District Collector used to be (but not always at present) the Chairman of the
Governing Board. The Governing body at the district level provides guidance and
directions to DRDA. The body in DRDA responsible for actual implementation is headed
by an Additional District Collector.

Many Schemes of the Central and State Governments are introduced from time to time.
Several schemes are available providing support to different components of Rural
Development. Schemes are also periodically modified to reflect the experience over the
years. The task of DRDA has been to identify the needs of the rural population and
reach the appropriate schemes where they are needed. In implementing the schemes,
the role of the DRDA has been Technical, Managerial and Financial. Thus DRDA is not
only a body to disburse the funds for the schemes but also provide appropriate
Managerial and Technical support.

District Rural Development Agencies (DRDAs) are district level development

execution and monitoring agencies created under the Indian Societies Registration Act.
Substantial sums of rural development funds of government of India were transferred
and routed through them under various Centrally Sponsored Schemes. From purely a
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financial resource from Rural Development point of view the DRDAs are extremely
important institutions at the district level. The DRDA is the principle organ at the
district level in implementing various anti-poverty Schemes of Government of India as
well as of State Government. The DRDA is visualized as a specialized and professional
Agency, capable of implementing the anti-poverty programmes, and in effectively
carrying out the objectives to the rural masses. It helps in strengthening the rural
infrastructure and bringing up the economic prospective of the villages with a key for
the eradication of backwardness and poverty. The DRDA is implementing a number of
schemes with an aim of enabling the rural people, in improving their standard of living
and in eradication of poverty. The main thrust of the programmes implemented are
being removing the economic disparity and bringing up the people below poverty line.

Over the years the District Rural Development Agencies have emerged as the principal
organs at the district level to oversing the implementation of different poverty
alleviation programmes.

Keeping in view the need for an effective agency at the district level to co-ordinate the
poverty alleviation efforts, a new Centrally Sponsored Scheme for strengthening the
DRDAs was introduced w.e.f. 1st April, 1999.

The primary objective of the DRDA Administration Scheme is to professionalise the

DRDAs so that they are able to effectively manage the poverty alleviation programmes
of the Ministry of Rural Development and interact purposively with other agencies. The
DRDAs are expected to (effectively) coordinate with the Panchayati Raj Institutions.
DRDAs are to maintain their separate identity under the guidelines even though the
Chairman of the Zilla Parishad is also the Chairman of the governing body of DRDA.

Status of DRDAs in the States

In 10 States/ UTs the DRDAs continue to be separate with the only linkage established
with the ZPs is making the President of ZP the Chairperson of the DRDA. These are
Bihar, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Odisha , Punjab, Tripura, Uttar
Pradesh, Uttarakhand, and Lakshadweep. In Gujarat the District Development Officer,
who is also the Chief Executive Officer of the Zilla Panchayat, continues to chair the
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DRDA. In nine States/ UTs either the Collector continues as the Chair or some other
arrangement has been made in this regard. These are Assam, Goa, Haryana,
Jharkhand, Manipur, Tamil Nadu, Dadra & Nagar Haveli, Daman & Diu, and Pondicherry.
Andhra Pradesh has made the Zilla Panchayat President the Chair of the DRDA while
designating the Collector as the Executive Chairperson. Similarly, in Maharashtra, while
the President Zilla Panchayat is made the Chair of the DRDA, the Chief Executive
Officer of the Zilla Panchayat is designated as the Executive Chairman of the
Management Committee.

Table : Status of DRDAs in the States

Sl. No State or U.T Status of DRDA

DRDAs are separate; Collector is the Executive

Chairperson though ZP President is made the
1 Andhra Pradesh
Chairperson; large number and scope of
parallel bodies across layers

2 Arunachal Pradesh DRDAs are separate

DRDA separate; Deputy Commissioner is Chair

3 Assam
and Ex Director; many parallel bodies

DRDA separate; ZP Chairman is Chairman of

4 Bihar
DRDA; many other parallel bodies;

Reportedly DRDA merged; practically only the

5 Chhattisgarh
ZP Chairman is made the Chairman of DRDA;
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6 Goa DRDAs are separate;

DRDA separate; District Development Officer is

7 Gujarat
the Chairman;

DRDAs separate; ZP Chairman is the Chairman

8 Haryana of DRDA and Dy Commissioner/ Collector is the
Executive Chairman of DRDA

DRDAs separate; ZP chairman is the chairman

9 Himachal Pradesh
of DRDA; there are many other parallel bodies

DRDAs separate; the DRDA administration is

being refurbished, which by itself could be a
10 Jammu & Kashmir very positive step; Panchayat at district level is
called the District Planning & Development
Board – in a way combining the ZP and DPC

DRDAs separate; Dy Commissioner is

11 Jharkhand
Chairperson of DRDA

DRDA merged with ZP since 1987; functions as

a unit of ZP office with distinctiveness
12 Karnataka
maintained only to facilitate transactions with
the MoRD, New Delhi

13 Kerala DRDAs merged with ZP, function as poverty

alleviation cell of the ZP; some parallel bodies
(Freshwater Fish Development Agency,
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Brackishwater Fish Development Agency) still

function as per the directions of GoI. The MLA-
LDF is also outside the purview and is sort of a
parallel body.

DRDAs separate; ZP Chairman is the Chairman

of DRDA Many parallel bodies, particularly
those funded by multilateral and bilateral
14 Madhya Pradesh
agencies and operated by the State
Government as para-statal entities; DPIP and

MPRLP are two examples.

DRDA separate, ZP Chairman has a cosmetic

position of being Chairman of Governing Body
15 Maharastra
of DRDA with the CEO being the executive
chairman of the Management Committee

DRDA separate; Adhyaksha,Zilla Parishad, as

the Head/Chairman; Many parallel bodies
16 Manipur primarily associated with the Development
programmes/ schemes of the Union
Government.

DRDA separate; PD – DRDA is designated as

17 Odisha the Secretary-cum- Executive officer of ZP; ZP
President is the Chair of DRDA

18 Punjab DRDAs separate; ZP Chairman is made the

Chairman and it is said that all Panchayats
have access to the expertise of DRDA; there
are other parallel bodies at district and village
levels (Village Water and Sanitation

Committees, Village Education Committees),

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with no linkage with Panchayats

DRDA reportedly merged in 2003; however

there are para-statals set up through
19 Rajasthan
multilateral funding as well as schemes of
State and Union government

20 Sikkim DRDA is separate

DRDA separate institution; Chaired by the

District Collector; many parallel bodies like in
21 Tamil Nadu
village education committee, watershed
Associations, village forests committees exists.

DRDA exists separately; President of ZP is the

22 Tripura
Chairman of DRDA

DRDAs separate; Chaired by the District

Magistrate(DM) and managed by Chief
23 Uttar Pradesh
Development Officer(CDO) headed by ZP
President; there are a few other parallel bodies

DRDA separate; ZP President is its chair; Van

24 Uttarakhand Panchayats, Village Education Committees are
the other parallel bodies

25 West Bengal DRDA merged; rechristened as DRDC of ZP;

DRDA is separate; Out of three, only one ZP

President is the Chair of
26 Andaman & Nicobar
DRDA;

27 Chandigarh No DRDA
28 Dadra & Nagar Haveli DRDA is separate
DRDA continues to function as a separate body
29 Daman & Diu
and have not been merged.
30 Lakshadweep DRDA is said to be merged; ZP President is the
Chair; DRDA providing support to the ZP; other
parallel bodies relate to Central schemes such
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at the SSA;
DRDA is separate; Attempts are made to link
31 Pondicherry
other parallel bodies with Panchayats;

DRDA in Tamil Nadu

The DRDA established in 1980 is a registered society under the Tamil Nadu societies
Act. The District Collector is the chairman of the DRDA. Governing body carries out the
administration of the DRDA. The governing body governs major policy decisions
including planning and functioning of DRDA and nevertheless the control and
monitoring aspects are also being carried out. The meeting of the governing body of
the DRDA is being conducted at least once in a quarter.
The administrative cost of DRDA is met under the head ” DRDA ADMN” shared between
the central and state shared between the ratio of 75:25 . A maximum of 30% of the
salary cost is allocated towards contingencies inclusive of Rents, POL, office expenses,
etc.

LESSON 23

CHANGING ROLE OF THE DISTRICT COLLECTOR

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Till some years ago, in most of the States, the District Collector was the head of the
government at the district level, responsible for a diverse portfolio of functions ranging
from delivery of essential services, land revenue administration, execution of rural
development programmes, disaster management, maintenance of law and order and
collection of excise and transport revenue.

Virtually all the instruments of the State Government that operated at the local levels
did so in conjunction with the Collector’s office either formally or informally. In this
regard, structurally diverse arrangements were built up over time. The relationships
and reporting structures range from the Collectors undertaking broad
oversight/supervision of the activities undertaken by line departments- to specific day-
to-day management of some services.

For many State Government bodies, the Collector had an important role in determining
how, where and what quantity of their services were to be delivered. In recent years,
however, the departments have tended to function increasingly as vertical silos up to
the State level and, as stated above, the gradual empowerment of local governments is
changing the role played by the District Collector in matters of local development.

Evolution and Change

Till the 1960s, when programmes of rural development were at a nascent stage, the
Collector’s job seemed to be carefully organized with land reforms, revenue collection,
law and order, food and civil supplies, welfare and relief/rehabilitation being the
principal areas of his responsibility. The needs of the people were limited, their
interaction with the government was infrequent and the bureaucratic set up seemed to
be dedicated. Under these circumstances, the office of the Collector was a strong and
effective institution.

In the years that followed, a large number of new projects/schemes were initiated by
various departments of the Government, with the Collector as the notional head of the
District Monitoring Committee. Apart from making a formal review in monthly/quarterly
coordination meetings, the Collector had a somewhat limited role in such matters.
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Towards the beginning of the 1980s, the development of rural areas got a further
thrust and the government initiated a large number of Centrally Sponsored/State sector
schemes in agriculture, rural development, primary education and healthcare. Though,
separate instruments were created for their execution, the Collector, in most of the
cases, was given the overall supervisory charge of the programmes in the districts. The
Collector and his administration were expected to be omniscient and omnipotent;
capable of providing solutions to all the problems.

But after the introduction of the Panchayati Raj system in the country (post 1993),
most of the development functions have been taken away from the Collector’s domain,
although the State Governments feel it convenient to use this institution to exercise
control over the PRIs.

Need for a Collector in the District

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, was considered 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.

As Rajni Kothari observed: “the office of the Collector as the Chief Representative of
the Government in the District is, in many ways, unique and its supposed stature and
authority have engendered a sort of institutionalized charisma that is in some ways
unparalleled in modern administrative development. ”
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In this context, the Prime Minister’s Address at the District Magistrate’s Conference on
May 20, 2005 is of particular significance:- “The Collector or the District Magistrate
remains even today the linchpin of the administrative system in India more than a
hundred years after the creation of this Institution by the British... Indeed, revenue
collection is the least important of tasks today. You have become agents of change, of
good governance and development administration at the very base of our democratic
structure. The insights you gain during your tenure at the district level stands you in
good stead throughout your career because it gives you a firsthand experience in
dealing with the hopes and aspirations, the lives and livelihoods of our people. The
State and Central Governments benefit immensely from this district level
administrative experience very early in the lives of our administrators... In this
redefined role of the Government, the cutting edge of a Government’s function is at the
district and lower levels. I think someone said India lives in states, I could amplify that
to say that India lives in districts.

Therefore, the provision of education and health facilities for improving human
infrastructure, provision of physical infrastructure, improving economic opportunities
for marginalised sections of society, preparing the society at large to face the challenge
of disasters – natural disaster as well as manmade disasters - and who can forget the
role of terrorism in disturbing all civilised societies in the world that we live in. We have
to be prepared to meet all this challenges. And these are all functions which are best
performed by local bodies and district administrations. As we sit in Delhi and try to
design a template for a humane, caring and prosperous India, we are aware of the
criticality of your role in this process – your role in ensuring good governance at the
grassroots, in promoting innovation, in improving service delivery, in enhancing public
private partnerships and in ensuring outlays become outcomes. I believe that unless
we reform governance from the village level upwards, there can be no real reform at
the National level. And what I heard this morning gives me confidence that we have
men and women in this room who can be trusted to be active agents of improving the
quality of our governance in the years to come... We have also had a major shift in our
administration through the 73rd and 74th Constitutional Amendments, which sought to
revitalise local bodies and create elected representatives down the line.
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Though this was expected to whittle down the powers of the Collector, our historical
experience is that the role of the Collector has only been transformed into a more
powerful one of coordinator, facilitator and a person who is responsible for inter-
sectoral coordination of various activities that characterise the work of our grassroot
administration.... Many of the challenges that you face in your district, be it the
education challenge, the water challenge, the health challenge or the employment
challenge, the solution may lie in enabling people to handle change and improving
service delivery. A Collector therefore can provide a leadership to this task of nation
building.

The issue of whether there is any need to retain the office of the District Collector in its
present form in its Report on Local Governance. There is a view that with the
empowerment of PRIs/ULBs in the districts, there is need to devise an environment in
which the institution of District Collector gradually loses importance and ultimately
recedes into a district level land revenue functionary, responsible to the local bodies.
This view is based on the belief that the strong traditions linked with this institution and
its recognition in the public mind as the prime mover of governance at the district level
would tend to impede growth of any other authority at that level.

The counter view is that the office of the District Collector has risen to this level of
importance and utility through many national and local crises and it should not be
weakened. Though as per the new administrative and development environment,
PRIs/ULBs are the third tier of government, they do not totally remove the Collector’s
responsibility in matters of local development. The declining significance of land
revenue has also not lessened the importance of the Collector in the management of
land records, the maintenance of law and order and general administration and as an
effective grievance redressal authority. These have remained and will remain central
and core areas of State activities at the district level even when there is full
fructification of local self-government. The Collector will thus continue to be responsible
for a multiplicity of tasks at the district level such as improving human capabilities,
creating physical infrastructure, improving economic opportunities for marginalized
sections of society and facing challenges posed by disasters. He will have a new role
that is the role of a coordinator, facilitator and a person who is responsible for inter-
 169

sectoral coordination of various activities that characterise the work of our grassroots
administration. He is the functionary who would provide overall leadership in the
district in the task of nation building. Hence, the Collector would remain a key figure in
the scheme of administration at the field level.

The Commission has therefore expressed its view in its Report on “Local Governance”
that a representative District Government should be empowered while fully utilizing the
institutional strength of the District Collector.

Redefining the Collector’s Role:

At present the portfolio of the Collector’s office generally includes the following
functions and activities (though there may be variations across the States):-

• acting as the Head of Land and Revenue Administration, including responsibility for
District Finance (expenditure and audit);

• acting as the District Head of the Executive Magistracy and overall supervision of law
and order and security and some say in the police matters;

• as Licensing and Regulatory Authority in respect of the various special laws such as
Arms, Explosive and Cinematography Acts etc. in the District;

• conduct of elections – for Parliament, State Legislature and Local Bodies;

• as the Officer-in-charge of Disaster Management;

• as the guardian of public lands with the responsibility to prevent and remove
encroachments which are often a source of tension between vested interests and the
district administration;

• publicservice delivery,either by facilitating or directly delivering servicesassigned to

the district administration from other departments. (In this respect, the Collector often
acts as Chairman of the Board for Parastatals, or as Chairman or Member of various
standing and inter-departmental committees);

• facilitation of interaction between civil society and the State Government;

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handling issues of local cadre management such as recruitment, in-service training and
promotion; and

• as the Chief Information and Grievance Redressal Officer of the district.

Widespread functions 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, there is no need to assign any role/function to the Collector in
respect of activities which are transferred by the State Government to these bodies. As
such, the Commission is of the view that there is need to redefine the role and
responsibilities of the Collector in a clear manner. His job profile should consist of (a) a
well defined set of exclusive activities both statutory as well as non-statutory as a
functionary of the State Government (b) the general work of coordination with various
departments / agencies of the State and the Union Governments at the district level
and (c) in the interim period till the time the local elected Institutions mature into
District Government – as the Chief Executive Officer of the proposed District Council.

Question

1. Role of the Collector has much changed in discharging his duties: critically examine
changing role of the collector in district administration.
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LESSON 24

DISTRICT REVENUE OFFICER

Revenue Department is, so to say, the mother of all Administrative Departments. This
is the department which touches upon almost all aspects of a Citizen's life. It is all
pervasive. Its contribution to the orderly social development is immense.

The Revenue Department is the custodian of all lands and it is concerned with all
land disposals. The work relating to land assignment, land acquisition, alienation of
land, updating and maintenance of Land Revenue Records, grant of Pattas, Land
Reforms, Land Ceiling, Levy and collection of Urban Land Tax are looked after by the
Revenue Department.

Revenue department is the first to rush to the people during the times of Natural
Calamities like Tsunami, drought and flood. The Department shifts the affected people
to places of safety and it provides food, clothes, shelter and also distributes essential
commodities and financial assistance in the form of cash. It may as well be said that in
every walk of the common man's need, the participation of Revenue Department
cannot be under estimated.

In order to serve the society or people in a better way, this department have long
hierarchy of officers. At the state level, the function of Revenue Administration,
Disaster Management and Mitigation, Land Administration, Land Reforms and Survey
and Settlement are entrusted to the commissioner of Revenue Administration,
Commissioner of Land Administration, Commissioner of Land Reforms and
Commissioner of Survey and Settlement respectively.

Structure of Administration

The State is divided into 30 Districts. The Districts are further subdivided into 73
Revenue Divisions, 206 Taluks, 1120 Firkas and 16563 Villages.
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Revenue Department plays a very important role for the effective functioning of the
District Administration. Hence necessary office buildings, infrastructure facilities and
vehicles are being provided for the Revenue Department on priority. The office and
residential buildings of the Collectors, District Revenue Officers, Revenue Divisional
Officers, Tahsildars, Revenue inspectors, Village Administrative Officers, Cattle pounds
and village chavadis are under the control of the Revenue Department. Funds are
provided every year to cater to the needs of the District Administration by construction
of the required office and the residential buildings, for providing infrastructure facilities
and for the maintenance and repair of revenue buildings.

The Additional Collector/ District Revenue Officer runs the Revenue administration
under various enactments in the District. He/She is also designated as Additional
District Magistrate. He mainly deals with civil supplies, land matters, mines and
minerals, village officers etc.

The District Revenue Officer (DRO) and Deputy Collectors assists the Collector in
discharging their duties. The District Revenue Officer looks after all the branches of the
Collectorate. The DRO deals mainly with general administration and is vested with
supervision of day-to-day functions of the Collectorate.

He is responsible for the proper and correct maintenance of revenue records, revenue
accounts, assignments, muafis, jagirs, etc. and service records of the Patwaris,
Kanungos, District Revenue Accountant, Registration and Land Acquisition branches of
the Deputy Commissioner’s office.

He is required to watch the progress of the recovery of all government dues in the
district and keep the Deputy Commissioner informed about the state and pace of
recovery. He assists the Deputy Commissioner in carrying out the inspection of tehsils
and sub-tehsils, acts on his behalf for organizing special girdawaris for crop cess and
for natural calamities, floods, etc.
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He is also responsible for pursuing the progress of land reforms cases in various courts
and watches the interest of the State. Besides, in order to ensure the smooth
implementation of various development schemes, he coordinate his activities with the
departments, such as, Irrigation, Public Works Department (B.&R.), Cooperation and
Agriculture, etc. in which revenue work is involved. On behalf of the Deputy
Commissioner, he is responsible for the submission of the statements, every quarter, to
the Divisional Commissioner and to the Financial Commissioner Revenue-cum-Chief
Controlling Revenue Authority, Haryana regarding the disposal of miscellaneous
revenue work in the district.

Model Question

Discuss the position of DRO in District Administration

Explain the powers and functions of DRO.
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Lesson 25

Revenue Division Officer (RDO)

In Tamil Nadu, Revenue Divisional Officer is the head of divisional administration especially
for revenue administration and for the maintenance of law and order. But, the development
administration is headed by Assistant Director (Development) (Formerly by the Divisional
Development Officer - DDO) in the division level. Under AD (Development), there are
functionaries namely, extension officers for agriculture, cooperation, industry, eduction,
animal husbandry, etc.

Before independence, during the British Rule, the administration was mainly confined
to the performance of such duties as were believed to ensure their supremacy besides
general peace and order among the subjects. All other duties which might minister to
the welfare of people were discounted. It was however, after the transfer of power in
1947, that new ideas of public welfare have come to inspire the administration and
comprehensive plans have been drawn up for all round social and economic betterment
of people.

The land revenue administration in a State operates at four administrative levels –

district, sub-division, tehsil/taluka/block and village. The Collector/Deputy
Commissioner is the head of the revenue administration at the district level and is the
custodian of government land and properties under his jurisdiction. He is assisted by
the Additional Collector(s) and other officers of the State Civil Service. The revenue
work at the Collectorate is divided into various Sections headed by a Superintendent
who in turn, is assisted by ministerial staff.

History, tradition and usefulness are basically responsible for the development of
divisions in the public administrative structure. The division may consist of three or four
or even more districts depending upon the size of the district. The size of the division,,
both in conditions of area and population, varies from division to division within the
State.
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A Revenue division is an administrative division of some of the Indian states. The

Revenue Divisional Officer exercises certain fiscal and administrative powers over its
jurisdiction. A revenue division is headed by a Revenue Divisional Officer.

Revenue Division is headed by a Revenue Divisional Officer (RDO) in the rank of Sub –
Collector in Cadre of I.A.S or a Deputy Collector . He is the Sub Divisional Magistrate
having jurisdiction over his division. A Personal Assistant in the Cadre of a Tahsildar
assists the RDO in the day to day administration. The Revenue divisional Offices are a
replica of the Collectorate in the manner of the number of sections and they act as
intermediary in the administrative setup. Each division consists of a few Taluks whose
performance is constantly monitored by the concerned Divisional Office.
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Lesson 26

Tahsildar, RI and VAO

Several departments in the districts are structured separately. The revenue department
comprises several officials — The Collector at the district stage, Deputy Collector at the
sub-division, Tahsildar at the Taluk, Revenue Inspector at the circle and Village Officers
like Patwari at the village stage.

Tahsildar is the head of taluk level administration in Tamil Nadu. For assisting him, the
Deputy Tahsildars are there in the Tehsil. This is for the revenue administration. For the
development administration, panchayet unions are there in the state. The Panchayet Union
Commissioner or Block Development Officer (BDO) is the head and there are extension
officers for agriculture, health, cooperation, animal husbandry, education, and industry.

Each sub-division is divided into two or more administrative areas called Tehsils in
Andhra Pradesh, Jammu & Kashmir, Punjab, Haryana, Rajasthan and Uttar Pradesh, and
called Taluks (Talukas) in Gujarat, Kerala, Madhya Pradesh, Madras, Maharashtra and
Mysore. Tahsil is the basic unit for purposes of general administration, treasury, land
revenue, land records and other items of work. It has the closest and widest contact
with the rural population.

Each tehsil usually comprises between 200-600 villages. The officer-in-charge of the
Tehsil is the Tehsildar who belongs to the State Civil Services. He is the principal official
in the district administration responsible for actual revenue collector. His performance,
also, is judged by his efficiency as a Collector of revenues. He is the sub-treasury
officer, thus accepting the payment of the revenue. The Tehsildar is often assisted by
the Naib Tehsildars, is Kanungos, and Patwaris or Lekhpals.

Duties of Thasildar

His main duties include supervision of :

timely collection of land revenue and other dues such as recovery of taccavi dues, etc.
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and maintenance of land records and agriculture data;

maintenance of records pertaining to crop damage due to floods and other natural
calamities and distribution of government funds meant for this purpose;

assistance to Deputy Commissioner and the SDO in the exercise of their power and
duties;

to decide the revenue cases; and

to provide services to the State and the Central Governments wherever required.

The Tehsildar may delegate his power to the Naib-Tehsildars. In this absence, one of
the Naib-Tehsildars holds charge of the tahsil. In Uttar Pradesh State, NaibTehsildar
exercises first class powers in the maintenance of law and order. He acts as Deputy
Collector and assists the Tehsildar in his revenue works. He also looks after all
important visitors. He gets a number of reports prepared from the officials under him
and submits them periodically. He keeps in touch with the people in his tehsil or sub-
tehsil, to hear their grievances, and tries to redress them. Floods and other calamities,
cases of land acquisition, watch on the maintenance of stock supplies etc., are some
other matters which occasionally cast a heavy burden on him. He also extends co-
operation and help in development work.

Revenue Inspector (Firka Level)

Revenue Inspector is the head of Firka level revenue administration. Every taluk
is divided into many firkas in Tamil Nadu. But, the nomenclature of this level differs
from state to state.

PARGANA The next lower rung of the revenue administration is called a Circle in
Punjab and Maharashtra, Pargana in Uttar Pradesh and Firka in Tamil Nadu. The circle
is headed by a Kanungo in Punjab and Uttar Pradesh, a Circle Inspector in Maharashtra
and a Revenue Inspector in Tamil Nadu. He is entrusted with supervision and a
compilation of land records maintained by the Patwaris under his control. He is the first
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line supervisor in the chain of revenue administration in the States. Revenue Inspector
is more a clerk than an authority, more an inspector than a worker and a more link in
the chain than any independent self. There is nothing difficult or extraordinary about
his powers and duties. As the name indicates he is an inspector in all matters relating
to revenue, from the beginning to the end. He works under the orders and subject to
disciplinary control of the Collector, the sub-division officer and Tehsildar. He is usually
an individual trained and tested for his post. His duties are, generally, supervision of
the Accountants, scrutiny of village maps, testing of the accountant’s books and
statistics, detection of agricultural deterioration, holding enquiries, attestation of
documents and functioning as Tehsildar’s immediate executive Assistant in the Firka or
circle.

Village Administrative Officer (Village Level)

Village Administrative Officer is the head of village level administration. He is the most
important functionary in the field especially in the village. Under him, there are village
level workers. He performs revenue, police, and general administrative duties and acts
as the representative of the government in the village.

Till 1980, the Village Administration was run with the part-time Village Officers. In order
to revamp the Village Administration set up, an ordinance 10/80 was promulgated on
13.11.80 to abolish the posts of part time Village Officers and accordingly all such posts
were abolished with effect from 14.11.80.

Village administrative Officer (VAO) looks after the revenue department of the village
level. In addition to the collection of land revenue. he looks after the law and order
problems in the village under his control.

VILLAGE ADMINISTRATION Village Administration has been and continues to be the

main-stay and axle of the District Revenue Administration. The Village Administration
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was earlier run with the help of part time Village Officers before 14.11.80. In 1980, the
Government took a policy decision to restructure the Village Administrative set up.
Accordingly the Tamil Nadu Ordinance 10/80 was promulgated by His Excellency the
Governor 17 on 13.11.80 for the abolition of the posts of part time Village Officers.
These posts were abolished with effect from 14.11.80 by Tamil Nadu Abolition of Posts
of parttime Village Officers Act, 1981 (Act 3/81).

In the place of part-time Village Officers full time Village Administrative Officers were
appointed in all Revenue Villages in the State. The posts of the Village Administrative
Officers were brought within the purview of the Tamil Nadu Public Service Commission
in G.O.Ms.No. 2747. Revenue Department, dated 12.12.80, and the rules amended to
the effect that the appointment to the posts of Village Administrative Officers shall be
made by direct recruitment.

Accordingly Village Administrative Officers were directly recruited by the Tamil Nadu
Public Service Commission. In the meantime, as a result of cases filed by the erstwhile
part-time Village Administrative Officers over the appointment of Village Administrative
Officers and based on the guidelines issued by the Supreme Court of India, the part
time Ex-Village Officers who lost their job on 14.11.80 and who were having minimum
General Education qualification were appointed as Village Administrative Officers as per
the following Government Orders. (i) In G.O.Ms.No. 1195, Revenue Department, dt.
6.7.82, Ex.Village Officers who held office on 14.11.80 and possessed the minimum
general educational qualifications as on 20.2.82 ( CategoryI) were appointed as Village
Administrative Officers by the relevant District level/State level Screening Committee
constituted for the purpose (ii) In G.O.Ms.No. 1287, Revenue Department, dated 6.7.88
orders were also issued for appointment of Ex.Village Officers who held office on
14.11.1980, but passed S.S.L.C. Subsequent to 20.02.82 (Category-II) sponsored by
Employment Exchange as Village Administrative Officers, under Rule 10(a)(1) of the
General Rules, subject to certain conditions. (iii) In G.O.Ms.No. 954, Revenue
Department, dated 16.10.1997, orders were also issued on the basis of directions given
by the Tamil Nadu Administrative Tribunal for appointment of Ex.Village Officers who
were not in service on 14.11.80, but had worked as part-time Village Officers for a short
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period prior to 14.11.80, possessing the minimum general educational qualifications,

and 18 other qualifications (Category-III) as Village Administrative Officers in any of the
then existing or future vacancies as per seniority maintained on the basis of their
length of service.

The existing Village Administrative set up consists not only of the Ex.Village Officers
recruited through Screening Committee and through other methods but also the
required Village Administrative Officers were recruited through the Tamil Nadu Public
Service Commission. In G.O. (D) No. 23, Revenue, dt. 12.1.06 order been issued for
recruitment of 2500 Village Administrative Officers through Tamil Nadu Public Service
Commission.

In G.O. (3D) No.10, Revenue, dated 28.2.06 orders issued towards sanction of
Jamabandhi allowances from Rs. 1200/- to Rs.1700/- ( Rupees one thousand seven
hundred only) and sanction is also accorded for Rs. 800/- towards maintenance of
buildings, electricity charges. Orders also issued for increase of Fixed Travelling
Allowances from Rs.100/- to Rs.200/-

Promotion to Village Administrative Officers As per G.O.Ms.No. 781, Revenue, dated

25.5.85, the Village Administrative Officers after completion of their service of not less
than 5 years have been transferred as Junior Assistant against 20% of the vacancies
raised in the District every year.

Subsequently in supersession of the above G.O., the Government have issued orders in
G.O.Ms.No. 386, Rev. (Ser.7-1) Dept., dated 1.10.2001, to promote the selection grade
Village Administrative Officers who have completed 10 years of service, directly as
Assistants subject to certain other conditions in the 10% of vacancies arising in District
Revenue Administration.

Further, the Government have emphasized that the seniority of the Junior Assistants
transferred from the Village Administrative Officers should be integrated with the
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seniority of the Selection Grade Village Administrative Officer qualified for promotion to
the posts of Assistants and insisted to prepare integrated seniority list.

Since there were practical difficulties in implementing the orders issued by the
Government, the Government has been requested to issue clarificatory order. The
Government has issued necessary amendment to the above orders in G.O.Ms.No. 330,
Service (7-1) Revenue Department, dated 12.7.04.

Accordingly, the selection grade Village Administrative Officers may be promoted as

Assistants, only in 10% of the vacancies arising in the districts. It has been laid down in
the Government orders that the promotion as Assistant to the Junior Assistants who
have been transferred from the cadre of Village Administrative Officers may be made
like other regular Junior Assistants in the District.

States are Divided into Districts

Each district is divided into Taluks

Each taluks is again divided into small units called Firka

and there are several Village in each 'Firka

Questions
1. Explain the various functions of Tasildars
2. Give an account of the VAO position and powers.