--- title: "Vol 2 1" book: "PG MPUB 103 (1st Sem) Indian Administration" category: "PG MPUB" publisher: "Ratan Prakashan Mandir Pvt. Ltd." type: "Educational Material" ---  According to Latest Syllabus Read For Sure Success In University Examination RATAN TEXT BOOK INDIAN ADMINISTRATION Vol-2 M.A.Pub.Ad. (Sem-I) Dr. Vinod Sen Published by Ratan Prakashan Mandir Pvt. Ltd. 2nd Floor, Centre Plaza, Parinay Kunj, Lajpat Kunj Marg, Agra-282002 Copyright Authors & Publishers Published by Ratan Prakashan Mandir Pvt. Ltd. 2nd Floor, Centre Plaza, Parinay Kunj, Lajpat Kunj Marg, Agra-282002 ISBN :978-81-69604-73-4 Price 170.00 only Printed at : KIDS INTERNATIONAL PVT. LTD. C-60, 61, 62, 63, EPIP, Shastripuram, Agra - 282007 Ph. : +91 9719004921 Unit -7 POLICE ADMINISTRATION Structure 7.1    Features of Police Administration in India 7.2    Learning Objectives 7.3    Central Level Police Administration Self-Check Exercise 1 7.4    Staff Units Self-Check Exercise 2 7.5    Staff Level Police as Staff Agency Self-Check Exercise 3 7.6    Factors for in effective Police Organization Self-Check Exercise 4 7.7    Summary 7.8    Glossary 7.9    Answer to Self Check Exercises 7.10 References/Suggested Readings 7.11 Terminal Questions 7.1    Features of Police Administration in India The significant features of the Indian Police administration are asfollows:- First, it is supported, added and guided by the Central Government. •    Second, the recruitment, training and cadre management of the Indian Police Service is with the Central Government. •    Third, it is State based. It is a subject of State list in the constitution. Police as an instrument of law and order had remained with the Provincial Governments, because of large size of the country and the primitive nature of the means of communication. The control at the State level is vested in the office of the Inspector General of Police, who is accountable to the political authority in the State through the Civil Secretariat, At the district level the head of the police force is the superintendent of Police, who is expected to work under the general guidance and Supervision of the district officer so far as maintenance of law and order in the district is concerned. Superintendent of police performs his duties as management and discipline of the police force and prevention and control of crime in the district. •    Fourth, the State system of police administration in India has separate organizational set up at the district level, which is linked with the administration of revenue of districts in a State. Hence, there are officer of the district superintendent of police, and of the sub-inspector of police, who have the collector and the Tehsildar as their counter parts in the civil administration of the district. The various law codes and procedures of work relating to police, compel to constitute the district orientation of police organisation. Fifth, the organization set up of Police administration in India is based ore bureaucratic model. It has three main hierarchical levels-Centre, State, and District-to maintain law and order, First two levels, centre and State have political in charge of their police administration. Police administration at both levels is under the charge of their Home Affairs, Chief Minister of Home Deptt. of States are political bosses. Central Home Secretary, State Home Secretary and the District Collector/District. Magistrate are bureaucratic bosses of the Police Administration. 7.2    Learning Objectives: After going through this lesson the students will be able to know •    Working of Police Administration in India and the problem facing by the Police Administration. •    To Understand the state Police Level Organization in India. 7.3    The Central Level Police Administration The importance of the role of the central Govt. In police administration lies in itsimporting a uniform pattern to the police organization in the States Indian constitution provides for centralization in police administration is the country. Practically, there is no independent department of police at the Central level. The Union Ministry of Home Affairs performs numerous police functions, though is shall be called a ministry for police affairs. The Union Parliament, does not directly legislate on police affairs, but constitution of India admits of a large amount of legislative discretion and executive accountability with regard to police administration both at the Union and State levels, to the sovereign parliament of the country. Hence, Role of the Union Government can be seen in two ways through parliament, and through Ministry of Home affairs. Parliament makes law as subject on Union list and concurrent list. Parliament commends basic police acts parliament also have power of special measures during emergencies. Self-Check Exercise 1: 1.    Describe the structure and functions of central level police administration in India. 2.    What are the main responsibilities of central agencies in policing? 7.4    Staff Units1.    Central Forensic Institutes: Institute is responsible to conduct research and service as clearing hanses for various kinds of scientific aids necessary to detect criminals. Some of institutes have specialized functions and assist the state police force in prevailing organized crime such as forging of documents, counter-feiting of currency and manufacture of explosive. The organization has its three major units at Calcutta. (1)    The Central Forensic Science Laboratory (2)    The Central Detective Training School. (3)    The Central Finger Print Bureau. 2.    Scrologist to Govt. of India. Specialized laboratory working in conjunction with the forensic laboratory. 3.    Examiner of Questioned Documents. Located at Shimla forms part of the CIB. Its services are technically in sense all kind of questioned documents.The Masters of the Mints: Govt. of India has two specialized agencies at Calcutta and Bombay the function of the agency is to furnish expert opinion on suspected coins. The crime of manufacturing counterfeit currency needs this specialized office not only to detect and take currency but also to conduct research and explore way and means to stop this highly skilled industry 4.    The Master India Security Printing : Security Printing Press Nasik is responsible for the Printing of One Rupee, Govt., of India, Reserve Bank notes, the postage and the court stamps printing of fake currency or postage is a grave crime which requires technical assistance in its detection. The specialized knowledge on currency matters helps the police to detect some of the special equipments involved in taking currency. 5.    The Inspector of Explosives : Head Quarters situated at Calcutta Bombay, Madras, Agra, Gwalior. Inspector is the head of the organization and his main function is to provide report on the explosives involved in various kinds of criminal offences. The office has the technical knowhow to examine the components, nature and the sensitivity of the explosives. The structure of the central agencies engaged in pure police work or quasi police function, makes it obvious that the country political and administrative. System ordains upon the Central Gove, play a significant role in terms of any ordination special responsibilities and staff aids of professional nature. Self-Check Exercise 2: 1.    Discuss the role and functions of staff units in police administration. 2.    How do staff units support operational policing activities? 7. 5 At the State Level Police as Staff Agency At State level, police is performing staff functions as a line agency it is primarily district based and district oriented. The state level officials are not in the line of activity to matter. They are effective as line offices in the police department. At the state level the role of the police officers even in the line hierarchy gets transformed into staff functions which they have to perform at three district levels as follows i)    Staff functions in the Union Govt. and its auxiliary agencies. ii)    Staff functions in relation to Home Deptt. of the State Govt., and iii)    Staff cum line function in relation to the line officials in the districts 6.    Sardar Vallabh Bhai Patel Academy 7.    Directorate of Police Wireless Central Govt. maintain a special directorate for the coordination of Police wireless communication throughout the country. It also responsible with the maintenance of wireless efficiency. M/s Bharat Electronics Ltd. get an allotted quota of foreign exchange from the Govt., of India to manufacture wireless sets to meet urgent requirements of the Indian Police list functions are as under : (1)    Assistance to the State Police wireless organization is procuring equipments, (2)    Conducting of initial and up graded courses in ratio Telecommunication for wireless separators of the State Police. (3)    Provision of immediate repair facilities for police wireless sets through regional workshops. (4)    Co-ordination of wireless services and maintenance of efficient functioning. At State Level Police Administration, Organization set has two separate wings-Civil wing and Professional Wing. Police Deptt. is under the charge of Home Deptt. Same pattern is applicable in all States of India. Home Deptt. in the State is headed by the Chief Minister or Senior Minister of the legislature. Home Minister of the State is responsible to the State legislature. He concerns with the Policy decisions of the Police, Administration only. Next to him there is Home Commissioner or Home Secretary. He is a highest Civil authority of the police administrative. He is a senior member of Indian administrative Service. He has coordinative controlling and supervisory duties of police administration. He works in accordance with the directives of the Union Government above and District police officials below; He advises the Home minister in Policy matters. He supervises the General Administration of the Police. He looks after the problems of police administration. He can initiate process of organizational reforms and can work for the development of police department. Below Home Secy., there is inspector General of Police. He is head of the State Police Office. I.C.P. advises the Police administration in a State is vested in the Deputy inspector General (DIGs) and the Assistant Inspector General (AIGs) as the State Government may deem fit. Police Act 1861 makes the IGP responsible of the administration or the Police the State or place or any part of the State or place in which the act has been put into operation I.G.P. is chief of State Police. He has heavy responsibilities and perform functions and duties assigned to him under the police Act. His office is the highest and significant office in Police administration. DIG serves as an assistant to his Chief I.G.P. may delegates some of his own duties to him. He may also discharge them independently. His line duties are maintenance of serviceability, calling of reports and returns and dispatch of instructions to his subordinates. He has under his control one battalion of the Provincial Armed Reserve. Which consists of six effective companies and one head quarters company and is armed with 303 magazine “rifles, born add stenguns and grenades the DIG can move the battalion or any part of it to any district within his range can transfer orders below the rank of a Dy. S.P. from one; district to another can pass orders of dismissal up to the rank of a S.I. He is an update authority for hit, ranks subordinates to that of a He instructs his Superintendent to take measures for the welfare activities of his cops. The SPs send him crime statistics and about grave offences such as dacoit to murder. He informs about it to his I.G.P. DIG securities and controls the disbursements of police funds by the SPs. DIG is in charge of specialised branches CID, Anti-corruption or the railways. There are a few specialized organizations under the direct charge of LO.P. e.g. M.O.P Anti Dacoity Squads. These agencies have independent hierarchies. The DIGs in charge of these branches are called by different names and designations lineup e.g. Addl. I.G.P or special I.G.P. or Assistant I.G.P. in different states. In a nutshell, Police Administration is developed for the preservation of social order and protection of the State authority. The public image of the police is bad. The police man is viewed some sort of a gorilla in uniform one judge of a high Court went so far as to state that there is not a single lawless group in the whole of the country, whose record of crime comes anywhere near the record of that organized unit, which is known as the Indian Police. Every crime wave, especially in the Urban centres, or a manifest breakdown of law and order in any large area brings in the demand of the maintenance of law and order would cease to important task of the administration would be development in all its aspects and welfare of the people. An attempt was madein certain states to relieve the district officer of his responsibilities for maintenance of law and order so that he could give his time to development work, but the actual functioning of the democratic system in the country has shown the maintenance of law and order will continue to be the primary responsibility of the district level administration. Order in the society is prime need of the development. ‘Prof. P.D. Sharma wrote in his book Indian police development Approach’ as follows. “There is a law ceases to be legitimately valid, disorder can be declared to be a healthy catalyst, if the political parties do riot peak laws enacted by parties of the opposite breed, there is very little which they can oppose to ore offer as an alternative programme. What needs to be understood is that as custodians of peace and order, the administrators should maintain a sense of proportion and allow the proves of democracy to separate freely in a manner that marginal disorders, consistent with social equilibrium, may permit and even force charges in the statute books. In the Woods of S.S. Dhanoa, “The politicization of the people and the resort to mass action by political parties in opposition has made the handbag of law and order by the administration an activity of vital importance, the fact that the political party in power can use the police to collect vital intelligence about their opponents in order to frustrate their efforts has further added to the attraction and the temptation that the police holds for the politician. Despite observations off and on it cannot be denied that the dual control of the Police Machinery has permitted the democratic politics to function in the country, may be somewhat, imperfectly but it has successfully preserved the trust and the confidence of the people at large in the impartially and fairness of the administration.” On the other hand police also claim and assert more and more independence. They have claimed that since they deal with law and order, they should neither be subordinate to the civil magistrates. The Dy. Inspector General has claimed independence from the Divisional Commissioner. They have argued that the magistrates are a hindrance to swift measures for the maintenance of law and order. Therefore, they want independent police authority. Prof. D. H. Baley has a very accurate comment to make in this regard. It must first be acknowledged that law enforcement is a challenging concept to promote in any country. While people may accept the need for a regulatory authority in theory, they often resist its enforcement, especially when it affects them or those they relate to. Given the nature of their duties, the police cannot expect widespread enthusiasm, unwavering respect, or complete impartiality in a democratic society. Their role requires them to impose restrictions on the very individuals to whom they are accountable. It takes a high level of awareness for citizens to recognize the perspective of law enforcement, just as it demands significant understanding from police officers to acknowledge that, while they represent society’s authoritative voice, they remain ultimately answerable to that same society. Self-Check Exercise 3: 1.    Explain the concept of staff level police as a staff agency. 2.    What are the advantages and challenges of this organizational structure? 7.6 Factor for ineffective police organization Factors Contributing to the Perception of Police Ineffectiveness in India Several factors contribute to the perception that the police force in India is ineffective, both within society and the police organization itself: 1.    The public, particularly marginalized sections, often fears that the police may not respond effectively or may remain inactive in times of crisis. This perceived inaction, whether real or imagined, fosters a socio-psychological belief that the law favors the powerful and that justice serves the interests of the strong. As a result, police inefficiency is often interpreted as either an act of political appeasement or a sign of administrative weakness on the part of the government. 2.    A significant portion of crimes, including major legal violations, go unreported and unregistered at police stations across the country. Apart from non-cognizable offences, information regarding a substantial number of even cognizable crimes either fails to reach the authorities or is deliberately suppressed for various reasons. 3.    The lingering perception of the police as a colonial-era force instills frustration and resentment within communities. Due to a loss of faith in law enforcement, ordinary citizens often choose to endure injustice rather than seek redress. As a result, victims of crime begin to doubt the efficiency of democratic institutions and, in desperation, turn to alternative means for protection. This includes relying on criminal groups or "hired enforcers" to safeguard their interests, which further exacerbates law and order issues in an already disorganized society. 4.    The ineffectiveness of the police Organization is sensed by the leaders of four kinds or groups in India viz (i) the political leaders of opposition, (ii) the youth leaders on the campuses, (iii) the trade union leaders in the industrial sector, and (iv) the community leaders in the industrial sector, and (v) the community leaders in the minority pockets of the society. They immediately get provoked and pickup quarrels with the weak governments to which the ineffectiveness of the police and special and complex problems by way of communal, riot, campus vandalism, industrial recession and subversion or secularist processes and institutions of democracy. These four sectors viz, political, academic, economic, and natural, being quite vital to national life, get seriously affected by all those factors which go to make the police force ineffective in dealings with the aggressive designs of the leaders. Self-Check Exercise 4: 1.    Identify and discuss three factors that contribute to ineffective police organization. 2.    How can these factors be addressed to improve police efficiency and effectiveness? 7.7    Summary The police administration in India does not in Practice conform to this basic constitution scheme. The centre Playa s important role in state level the role has taken various forms. The centre has an important coordinate role. The centre has set up its own field agencies to perform police function is BSF, CRPF and CISF. Border security force and centre Reserve Police assists by state government. The centre government assists state government in modernization and development of their police force. 7.8 Glossary(1)    Central Level Police Administration: BSF, CRPF, central reserve force etc. (2)    Central Forensic Institutes: Institute is responsible to conduct research for various kinds of scientific and to detect criminals. (3)    7.9Answer to Self Check Exercises Self-check Exercise-1 Refer to section 7.3 Self-check Exercise-2 Refer to section 7.4 Self-check Exercise-3 Refer to section 7.5 Self-check Exercise-4 Refer to section 7.6 7.10Reference/SuggestedReadings 3.    S.R.Maheshwari,“IndianAdministration”. 4.    K.K.Puri,“IndianAdministration”. 7.11Terminal Questions 1 .Describe the features of Police Administration in India. 2 .What are the factors for ineffective Police Administration in India. Unit-8 CENTRE-STATE RELATIONS IN INDIA Structure 8.1    Introduction 8.2    Learning Objectives 8.3    Structural and functional Aspect to the Legislative Lists Self-Check Exercise 1 8.4    Constitutional Provisions Self-Check Exercise 2 8.5    Summary 8.6    Glossary 8.7    Answer to Self Check Exercisess 8.8 References/Suggested Readings 8.9    Terminal Questions 8.1    Introduction India follows a federal system with a strong centralizing inclination. While the country operates as a federation, it leans toward a unitary structure. The Constitution establishes a dual polity, with the Union Government at the center and the States at the periphery, each possessing sovereign authority within their designated domains, as outlined in the Constitution. The framers of the Constitution meticulously distributed governmental powers—legislative, administrative, and financial—while recognizing India's historical challenges with centrifugal forces that have often threatened national unity. To maintain cohesion, greater authority and significant powers were vested in the Union Government. Under Article 243, the distribution of powers follows the principle that matters of national importance fall under the jurisdiction of the Union Legislature, while issues of regional significance are assigned to the State Legislatures. The powers of both the Union and the States, categorized under three separate lists, are elaborately detailed in the Constitution. This tripartite classification of powers traces its origins to the Government of India Act, 1935, which introduced the federal framework to India. Within their respective spheres, both the Union and State Governments hold supreme and co-equal authority. In cases of jurisdictional conflicts between these two levels of government, the Supreme Court serves as the final arbiter, ensuring an independent judicial review. The following sections provide a more detailed analysis of the legislative, administrative, and financial relationships between the Centre and the States. Legislative Relations The Seventh Schedule of the Indian Constitution classifies legislative powers into three lists: 1.    Union List (List I) – Covers subjects of national importance under the exclusive jurisdiction of the central government. 2.    State List (List II) – Deals with matters of regional and local significance, under the purview of state legislatures. 3.    Concurrent List (List III) – Contains subjects where both the Centre and the States have legislative authority, with federal law prevailing in case of conflict. This structured allocation of legislative powers is a defining feature of India’s federal Constitution. Chapter I of Part XI (Articles 245 to 255) outlines the legislative relationship between the Union and the States. Among these, Articles 245, 246, 248, and 254 form the core of power distribution. Additionally, during a state of Emergency, Articles 352, 353, 358, 359, and 360 regulate legislative interactions between the Centre and the States. Similarly, Articles 356 and 357 govern Union-State relations during President’s Rule. Furthermore, provisions such as Article 200 (reservation of Bills) and Article 201 (Union’s authority over such Bills) directly impact legislative dynamics between the Centre and the States. Several other constitutional provisions-Articles 3, 4, 31A, 31C, 285, 286, 288, 289, 293, and 304(b)-also influence Centre-State legislative relations. 8.2    Learning Objectives After going through this lesson the student will be able to know, the •    Concept of centre-state relation. •    Constitutional provision relating to centre-state relations. •    The ARC on centre-state Relationship. •    Sarkaria commission recommendations. 8.3S TRUCTURAL &FUNCTIONAL ASPECTS OF THE LEGISLATIVE LISTS Originally there were 97 items in the Union List 66 in the State has and 47 in the Concurrent list As a result of subsequent amendments of the Constitution, the number of Entries in the Union list and the Concurrent has increased to 99 and 52, while the number of Entries in the State List has decreased to 62. The Union Legislature of the Parliament, i.e. the two Houses, the Council of States (Rajya Sabha) and the House of the people (Lok Sabha) has the exclusive power to legislate in respects of matter in the union List. The matters of national concern are placed in the Union List and include matters such as, Defence, Foreign Affairs, Foreign Jurisdictions. Citizenship, Railways, Posts & Telegraphs, Telephones, Broadcasting and other like forms of communications. Airways, Banking Coinage, Currency, Union Duties, taxes etc. State List. The State list now containg 62 Gentries Exclusive powers have been conferred on the State Legislature with respect to matters in the state list. The selection of the items on the Statelist has been made on the basis of local interest and it envisages the possibility of diversity of treatment with respect to different items in the different States. The State list Includes items such as Public Order, Police, Public Health, Local Government, Agriculture Land, Markets and Fairs, Preservation protection and Government of live stocks and prevention of animal diseases, etc. Though the Constitution confers exclusive jurisdiction upon the State Legislature to legislate on the state subjected enumerated in the State. List, yet Article 249-53 empower the Parliament to legislate on the State Subjects. According to Article 249, if the Rajya Sabha passes a resolution supported by majority of all and two third of the members present and voting that it is expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, then Parliament is empowered to make laws on the matter for a whole on any part of India. Such a resolution normally lasts for a year. If, however, the situation under which such a resolution was passed perpetuates another resolution to the same effect may be passed. In the absence of such a resolution, the Parliament law passed in this connection will cease to operate within six months after the end of the year. Though our Constitution creates a dual polity based on divided governmental powers, this division is not watertight. It is flexible. There is the concurrent list which own contains 52 co powered to make laws regarding concurrent matters in case of a conflict, however the Central law, to the extent of repugnancy, prevails over the State Law. If the law, passed by State Legislature on a concurrent subject has received the assent of the President of India, on being so reserved it will prevail over the Central Law unless the Parliament passes a new law overruling the provisions of the State law. Residuary powers of legislation have been vested in Parliament under Article 248 of the Constitution. This was provided for as it was anticipated that situations might occur when parliament would have to introduce legislation on a matter not found in the Union List or Concurrent list. Administrative Relations The administrative power of the Union and the States are usually co-extensive with their legislative powers. However, with respect to matters in the Concurrent List, the executive power remains with the States unless the Constitution or Parliament-by law expressly provides otherwise. The division of executive powers between the ‘Union and the States even with reference to matters in List I and II, is not sharp, hard and fast. The limits of their executive powers indicated by Articles 73 and 162 are flexible and extensible. In certain matters or situations, for example under Articles 72 (1) (c) 253 and 356 (l)(a), the executive power of the union may project into the State field. Similarly, in some cases, as for instance in matter of any a grant for any public purpose under Article 282, the division/of powers with reference to the three lists in the Seventh Schedule loses significance. The framers of the Indian Constitution intentionally bestowed a somewhat dominant role upon the Centre. The Centre exercises control over the States through different agencies and varied techniques some of which are: (a)    The Governor (b)    Directions to the State Government. (c)    All India Services (d)    Grants-in-aid (e)Planning Commission (f)    Delegation of the Union’s functions to the States, etc. Financial Relations: The most compelling problem of intergovernmental relations relates to the fiscal side. The problem has become important because of growing pressures for financial aid to the constituent units which have expanding functions, but more or less static financial resources and the heavy dependent on the Centre, which assumes a dominating role as it has rich revenue yielding and ‘elastic resources. Self-Check Exercise 1: 1.    Describe the structure of the legislative lists in the Indian Constitution. 2.    How do the legislative lists divide legislative powers between the Union and State governments? 8.4 Constitutional Provisions Chapters I and II of Part XII of the Constitution contained the main provisions governing the Union-State financial arrangements. Of these, Articles 268 to 70 and 272 deal with taxes levied by the Union the proceeds of which are either assignable to the States, Or compulsorily or optionally sharable with the States. Article 275 provides for grants-in-aid of revenues made under a law by Parliament to States a need of assistance. Article 282 contains a provision for grants by the Union-or a State for any public purpose. Article 276 and 285 to 288 put certain limitations on the taxation powers of the States. Article 274 requires prior recommendation of the President to Bills affecting taxation in which the States are interested. Article 289 exempts the property and income of the States from Union taxation. Article 280 requires the constitution of a Finance Commission every five years or earlier. Clause Q) of the Article sets out the duties of the Finance Commission. Article 281 required the recommendations of the Finance Commission together with an explanatory memorandum about the action taken thereon to be placed before Parliament Articles 292 and 293 define the borrowing powers of the Union and the States. The basic point of financial relations is the division of tax sources between the Centre and the States. To avoid overlapping of tax jurisdiction the fruiter’s of the Indian Constitution have successfully attempted a logical education of power and functions between the Union and States. The Union List contains powers and functions of the Union. It enumerates the- taxes sad levies which can be imposed by the Union Government. The State List enumerates the taxes and levies which can be imposed by the States. Concurrent List does not include any source of taxation, thus there is no overlapping of tax-jurisdiction. History of reform of Centre-State Relations Three Committees/Commissions have been set up to study the problem of Centre- State Relations since the inauguration of the Constitution viz-viz. The ARC, The Rajamanner CentreState Relations Inquiry Committee and the Sarkaria Commission, Administrative Reforms Commission (ARC) Then problem of Centre-State relations become acute aner the fourth general election (1967) as a result of a change of political complexion of the country as the Congress which had hitherto been the dominant and ruling party in the centre and in most of the states was defeated in several states. However, just before the elections the Central Government had appointed-an Administrative Reforms Commission under the Chairmanship of Shri Morarji Desai and whose terms of reference included examination of Centre-State Relationship’ viz-a-viz: (a)    Centre-State relationship in the realm of planning and development, with particular reference to the growth of central agencies handling concurrent and state list subjects; (b)    Centre-State relationships in other spheres, with particular reference to the needs of national integration and of maintaining efficient standards of administration throughout the country. The ARC constituted a Study Team under M.C. Setalvad to carry out a comprehensive examination of the problem of Centre-State relations and it submitted its report in 1968. Self-Check Exercise 2: 1.    What constitutional provisions govern the distribution of legislative powers in India? 2.    How do these provisions ensure a balance of power between the Union and State legislatures? 8.5    Summary Center-state relations refer to the dynamic interaction between the central (or federal) government and the individual state governments within a country. This relationship is governed by constitutional provisions, legal frameworks, and political agreements that delineate the distribution of powers and responsibilities. Key areas of focus include legislative, administrative, and financial relations, which define the scope of authority and fiscal autonomy of states vis-à-vis the center. Effective center-state relations are crucial for maintaining a balanced federal structure, ensuring cooperative governance, addressing regional diversity, and fostering national unity while accommodating local governance needs. 8.6    Glossary (a)    Union List: It include 97 subject to National interest. (b)    State List: Includes 62 subject to state importance. (c)    ConcurrentList:44subject where centre and state government, both can make the law on these subjects. 8.7    Answer to Self check Exercises Self-check Exercise-1 Refer to section 8.3 Self-check Exercise-2 Refer to section 8.4 8.8    References/Suggested Readings (1)    S.R.Maheshwari, “Indian Administration”. (2)    K.K.Puri,“Indian Administration”. 8.9    Terminal Questions 1.    Discuss in detail the Union State and Concurrent list relating to central and state relations in India. 2.    Describe the overview of the Sarkaria Commission report relating the Centre state relation in India. Unit-9 MACHINERY FOR PLANNING Structure 9.1Introduction 9.2 Learning Objectives 9.3    Framework Self Check Exercise-1 9.4 Planning Self Check Exercise-2 9.5 Niti Ayog Self Check Exercise-3 9.6    National Development Council Self Check Exercise-4 9.7    Summary 9.8    Glossary 9.9    Answer to Self Check Exercises 9.10 Reference/Suggesting Reading 9.11 Terminal Questions 9.1    Introduction The NITI Aayog (short for National Institution for Transforming India and literally translated as Policy Commission) serves as the premier public policy think tank of the Government of India. It acts as the central coordinating body for accelerating economic development and promoting cooperative federalism by involving State Governments in the economic policy-making process through a bottom-up approach. NITI Aayog has introduced several key initiatives, including the "15-year road map," the "7-year vision, strategy, and action plan," as well as flagship programs like AMRUT, Digital India, and the Atal Innovation Mission. It has played a pivotal role in medical education reform, agricultural policy improvements, and the formulation of the Model Land Leasing Law. Other significant contributions include the reform of the Agricultural Produce Marketing Committee (APMC) Act, the creation of the Agricultural Marketing and FarmerFriendly Reforms Index (used for ranking states), and indices measuring state performance in health, education, and water management. Additionally, NITI Aayog has facilitated the SubGroups of Chief Ministers on Rationalization of Centrally Sponsored Schemes, Swachh Bharat Abhiyan, and Skill Development. It has also established Task Forces on Agriculture, Poverty Reduction, and the Transforming India Lecture Series, all aimed at driving policy reforms across multiple sectors. NITI Aayog was established in 2015 by the NDA government as a replacement for the Planning Commission, which previously followed a top-down planning model. The NITI Aayog Council consists of the Chief Ministers of all Indian states, along with the Chief Ministers of Delhi and Puducherry, the Lieutenant Governors of all Union Territories, and a Vice-Chairman appointed by the Prime Minister. Additionally, temporary members are drawn from leading universities and research institutions. These members include a Chief Executive Officer (CEO), four ex-officio members, and three part-time members, ensuring a diverse and expert-driven policymaking approach. 9.2    Learning Objectives After going through this lesson the student will be able to know, the •    Planning Framework •    Niti Ayog •    National Developmental Council 9.3    Framework On 29 May 2014, the Independent Evaluation Office submitted an assessment report to the Prime Minister’s Office (PMO), recommending the replacement of the Planning Commission with a "control commission." Subsequently, on 13 August 2014, the Union Cabinet decided to dissolve the Planning Commission and replace it with a modified version of the National Advisory Council (NAC), which had been established by the UPA government. On 1 January 2015, a Cabinet resolution was passed to officially replace the Planning Commission with the newly constituted NITI Aayog (National Institution for Transforming India). The Union Government of India formally announced the establishment of NITI Aayog on the same day, and its first meeting was chaired by the Prime Minister on 8 February 2015. Explaining the rationale behind the creation of NITI Aayog, the Finance Minister remarked: "The 65-year-old Planning Commission had become a redundant organization. It was relevant in a command economy structure but is no longer suited for India’s economic landscape. India is a diverse country where states are at different stages of economic development, each with its unique strengths and challenges. In such a scenario, a ‘one-size-fits-all’ approach to economic planning is outdated and ineffective. It cannot make India competitive in today’s global economy." Self-Check Exercise-1: 1.    Describe the framework of planning and development institutions in India. 2.    How does this framework support national development goals? 9.4    Planning The NITI Aayog (literally meaning 'Policy Commission'; an abbreviation for the National Institution for Transforming India) functions as the premier public policy think tank of the Government of India. It serves as the nodal agency responsible for accelerating economic development and promoting cooperative federalism by engaging State Governments in the economic policy-making process through a bottom-up approach. The institution has spearheaded several key initiatives, including the "15-year road map," the "7-year vision, strategy, and action plan," AMRUT, Digital India, Atal Innovation Mission, and Medical Education Reform. It has also played a crucial role in agricultural reforms, such as the Model Land Leasing Law, the Reforms of the Agricultural Produce Marketing Committee Act, and the Agricultural Marketing and Farmer Friendly Reforms Index for ranking states. Additionally, NITI Aayog has introduced indices measuring states’ performance in health, education, and water management. Other significant initiatives include the Sub-Group of Chief Ministers on Rationalization of Centrally Sponsored Schemes, the Sub-Group of Chief Ministers on Swachh Bharat Abhiyan, the Sub-Group of Chief Ministers on Skill Development, the Task Forces on Agriculture and Poverty Alleviation, and the Transforming India Lecture Series. NITI Aayog was officially established in 2015 by the NDA government, replacing the Planning Commission, which operated under a top-down model. The NITI Aayog Council consists of the Chief Ministers of all States, along with the Chief Ministers of Delhi and Puducherry, the Lieutenant Governors of all Union Territories, and a Vice-Chairman appointed by the Prime Minister. Additionally, temporary members are appointed from renowned universities and research institutions. These members include a Chief Executive Officer, along with four ex-officio members and three part-time members. Self-Check Exercise-2: 1.    Discuss the role of planning in India's governance structure. 2.    How has planning evolved over the years in India? 9.5 Niti Ayog 10 The Planning Commission, which had been established in 1950, was officially dissolved by the government on August 13, 2014, with the announcement that a new institution would be created in its place. As a result, on January 1, 2015, the NITI Aayog (National Institution for Transforming India) was established as the successor to the Planning Commission. Similar to its predecessor, NITI Aayog was formed through an executive resolution passed by the Government of India (i.e., the Union Cabinet). Therefore, it is neither a constitutional body nor a statutory body. In other words, NITI Aayog is an extra-constitutional entity (not created by the Constitution) and a non-statutory organization (not established through an Act of Parliament). As the premier policy think tank of the Government of India, NITI Aayog is responsible for providing strategic direction and policy inputs. It plays a key role in offering technical advice to both the Central Government and the State Governments on matters concerning long-term planning and development programs. Unlike the Planning Commission, which functioned on a top-down approach, the policy framework of NITI Aayog is based on a bottom-up model, ensuring greater participation of states and local bodies in the decisionmaking process. The main reasons for replacing the Planning Commission with the NITI Aayog, as observed by Government of India, •    “India has undergone a paradigm shift over the past six decades–politically, economically, socially, technologically as well as demographically. The role of Government in national development has seen a parallel evolution. Keeping with these changing times, the Government of India has decided to set up NITI Aayog (National Institution for Transforming India), in place of the erstwhile Planning Commission, as a means to better serve the needs and aspirations of the people of India.” •    The new institution will be a catalyst to the developmental process; nurturing an overall enabling environment, through a holistic approach to development going beyond the limited sphere of the Public Sector and Government of India. •    Then Union Finance Minister Arun Jaitley said: “The 65-year-old Planning Commission had become a redundant organisation. It was relevant in a command economy structure, but not any longer. India is a diversified country and its states are in various phases of economic development along with their own strengths and weaknesses. In this context, a ‘one-size-fits-all’ approach to economic planning is obsolete. It cannot make India competitive in today’s global economy.” •    The Resolution observed: “Perhaps most importantly, the institution must adhere to the tenet that while incorporating positive influences from the world, no single model can be transplanted from outside into the Indian scenario. We need to find our own strategy for growth. The new institution has to zero in on what will work in and for India. It will be a Bharatiya approach to development.” COMPOSITION of NITI Ayog The NITI Aayog is structured as follows: (a)    Chairperson: The Prime Minister of India. (b)    Governing Council: This council includes the Chief Ministers of all States, Chief Ministers of Union Territories with legislatures (Delhi, Puducherry, and Jammu & Kashmir), as well as the Lieutenant Governors of other Union Territories. (c)    Regional Councils: These councils are set up to address specific issues impacting multiple states or a particular region. They are constituted for a fixed tenure and are convened by the Prime Minister. The Chief Ministers of states and Lieutenant Governors of UTs from the concerned region take part. These councils are chaired either by the Chairperson of NITI Aayog or a nominee appointed by the Chairperson. (d)    Special Invitees: Experts, specialists, and domain professionals, nominated by the Prime Minister, who provide insights in their respective fields. (e)    Full-time Organizational Framework: Apart from the Prime Minister as Chairperson, the NITI Aayog consists of: •    Vice-Chairperson: Appointed by the Prime Minister, with a rank equivalent to that of a Cabinet Minister. •    Full-time Members: Hold the rank of Minister of State. •    Part-time Members: Up to two members selected from leading universities, research organizations, and other institutions on a rotational basis in an ex-officio capacity. •    Ex-Officio Members: Up to four Union Ministers, nominated by the Prime Minister. •    Chief Executive Officer (CEO): Appointed by the Prime Minister for a fixed tenure, holding the rank of Secretary to the Government of India. •    Secretariat: Structured as needed for smooth functioning. Specialized Wings of NITI Aayog 1.    Research Wing: Functions as a dedicated think tank, fostering in-house sectoral expertise through top-tier domain specialists, scholars, and researchers. 2.    Consultancy Wing: Provides a marketplace of expert panels and funding to assist both Central and State Governments in matching their needs with the most suitable solutions, sourced from both public and private entities, at national and international levels. 3.    Team India Wing: Comprising representatives from every State and Ministry, this wing ensures a collaborative national platform where: o Every State/Ministry has an ongoing voice and stake in NITI Aayog. o A direct channel of communication exists between States/Ministries and NITI Aayog for discussions on development-related matters. Objectives of NITI Aayog The NITI Aayog is designed to achieve the following objectives: 1.    Develop a shared vision of national development priorities, sectors, and strategies with active participation from States. 2.    Promote cooperative federalism through structured support mechanisms, recognizing that strong States build a strong nation. 3.    Establish mechanisms for credible planning at the village level, progressively consolidating them at higher levels. 4.    Ensure that national security interests are integrated into economic strategy and policy. 5.    Pay special attention to marginalized sections of society to ensure equitable economic progress. 6.    Formulate long-term policy and strategic frameworks, with regular monitoring to ensure effective implementation. The feedback mechanism enables mid-course corrections when necessary. 7.    Provide advisory support and foster collaborations between key stakeholders, national and international think tanks, research institutions, and policymakers. 8.    Create an ecosystem for knowledge, innovation, and entrepreneurship, by engaging national and international experts, practitioners, and partners. 9.    Act as a platform to resolve inter-sectoral and inter-departmental issues, expediting the execution of the development agenda. 10.    Establish a state-of-the-art Resource Centre, serving as a repository of best practices and research on sustainable and equitable development, facilitating knowledge dissemination. 11.    Actively monitor and evaluate programs and initiatives, ensuring optimal resource allocation and effective execution. 12.    Focus on technological advancement and capacity building to strengthen the implementation of initiatives. 13.    Undertake other necessary activities to further national development goals and ensure effective policy execution. Guiding Principles of NITI Aayog NITI Aayog follows a set of core principles to drive its policies and initiatives: 1.    Antyodaya: Prioritizing the upliftment of the poor, marginalized, and disadvantaged, as envisioned in Pandit Deendayal Upadhyay’s philosophy of "Antyodaya." 2.    Inclusion: Empowering vulnerable communities by addressing identity-based disparities related to gender, region, religion, caste, or class. 3.    Village-Centric Development: Integrating villages into the national development framework, leveraging their inherent cultural and economic strengths. 4.    Demographic Dividend: Harnessing India’s human capital through education, skill development, and productive employment opportunities. 5.    People’s Participation: Encouraging active citizen engagement, making the development process participatory and people-driven. 6.    Good Governance: Promoting a governance model that is transparent, accountable, proactive, and focused on measurable outcomes. 7.    Sustainability: Embedding environmental sustainability into planning and development, drawing from India's longstanding respect for nature. Seven Pillars of Effective Governance The NITI Aayog’s governance model is anchored on seven key pillars, ensuring efficient policy implementation: 1.    Pro-People Approach: Aligning government actions with the aspirations of individuals and society. 2.    Proactive Governance: Anticipating and responding swiftly to citizen needs. 3.    Participative Decision-Making: Involving citizens at all levels in policy discussions and development initiatives. 4.    Women Empowerment: Ensuring the inclusion of women across all sectors of development. 5.    Social Inclusion: Focusing on the upliftment of Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and minority communities. 6.    Youth Empowerment: Ensuring equal opportunities for the younger generation in education, employment, and entrepreneurship. 7.    Transparency and Technology: Using digital solutions to enhance government accountability and responsiveness. Self-Check Exercise-3: 1.    What is NITI Aayog and when was it established? 2.    Explain the functions and objectives of NITI Aayog. 9.6 National Development Council National Development Council (NDC) The National Development Council (NDC), also known as Rashtriya Vikas Parishad, is India’s highest decision-making body for discussions on development matters. The Prime Minister presides over it. It was established on August 6, 1952, to strengthen and mobilize national efforts and resources in support of the Five-Year Plans formulated by the Planning Commission. The council was created to ensure the balanced and rapid development of all regions and to promote common economic policies across key sectors. The NDC includes the Prime Minister, Union Cabinet Ministers, Chief Ministers of all States (or their representatives), representatives from Union Territories, and members of NITI Aayog (formerly the Planning Commission). The abolition of NDC has been proposed, but no official decision has been taken yet. Since the creation of NITI Aayog’s Governing Council, which has a similar composition and role as the NDC, the NDC has not been assigned any tasks or held any meetings. Former Prime Ministers Atal Bihari Vajpayee and Manmohan Singh had suggested that the Planning Commission needed reforms as it had become outdated. In 2014, Prime Minister Narendra Modi abolished the Planning Commission and replaced it with NITI Aayog through an executive resolution. The NDC is neither a constitutional body nor a statutory body. Objectives of NDC The National Development Council was set up with the following objectives: 1.    To strengthen and mobilize national efforts and resources to support development plans. 2.    To promote common economic policies in all important sectors. 3.    To ensure balanced and rapid development across all regions of the country. 4.    To provide essential social services such as education, healthcare, and social welfare to citizens. 5.    To improve the living standards of people. 6.    To work towards increasing per capita income. Functions of NDC The main functions of the National Development Council include: 1.    Setting guidelines for the National Plan, including resource assessment. 2.    Reviewing and considering the National Plan prepared by NITI Aayog. 3.    Assessing the resources required to implement the plan and suggesting ways to increase funding. 4.    Discussing important socio-economic policies affecting national development. 5.    Reviewing the progress of the plan and recommending necessary changes to achieve its targets. 6.    Suggesting measures to ensure the successful implementation of the National Plan. Composition of NDC The Prime Minister of India serves as the Chairperson of the National Development Council. Other members include: •    Union Cabinet Ministers •    Chief Ministers of all States •    Administrators of Union Territories •  Members of NITI Aayog •    Ministers of State (with independent charge) are invited to NDC meetings Meetings of the NDC 57th Meeting of NDC •    Held on December 27, 2012, to discuss the 2012-2017 Five-Year Plan. 56th Meeting of NDC •    Held on October 22, 2011, under Dr. Manmohan Singh, then Prime Minister of India. •    Dr. Montek Singh Ahluwalia, Deputy Chairman of the Planning Commission, raised six key issues for consideration: 1.    State-level Five-Year Plans must be aligned with the national plan to set clear growth and social targets. A supportive economic environment is necessary to encourage farmers and entrepreneurs, ensuring growth in investment, output, and employment. 2.    Resource mobilization and allocation: Achieving inclusive growth requires investment in rural and urban infrastructure, healthcare, education, and skill development. The government must increase budgetary support for development while controlling the fiscal deficit. The introduction of GST would help generate more revenue and create a single national market. 3.    Agriculture needs higher priority at the State Government level, such as exempting horticultural products from the APMC Act to support farmers. 4.    Energy management: Rapid growth demands expansion of domestic energy supply and improved energy efficiency. The power sector faces financial losses, estimated at ₹70,000 crores, mainly due to inefficient electricity distribution. The plan aimed to reduce Aggregate Technical & Commercial (AT&C) losses to 15% by the end of the Twelfth Plan and introduce tariff reforms. 5.    Water resource management: The demand for water is growing rapidly, leading to severe shortages and overuse of groundwater. Agricultural water use is highly inefficient and can be cut by half with better techniques such as the System of Rice Intensification (SRI) instead of flood irrigation. Only 30% of sewage water is treated before entering freshwater sources, leading to pollution. The plan suggested strengthening state water policies and creating water regulatory authorities to ensure fair distribution and sustainable use of water. Self-Check Exercise-4: 1.    What is the National Development Council (NDC)? 2.    How does the NDC contribute to the planning and development process in India? 9.7    Summary 9 Over the years, there has been a significant increase in resources allocated to key flagship programs in areas such as health, education, clean drinking water, sanitation, and regional development. While these initiatives target important sectors, their implementation remains a major challenge. The Chaturvedi Committee Report highlighted the need to streamline centrally sponsored schemes and suggested various improvements. Key priorities include enhancing governance, encouraging innovation, expanding e-governance to the Panchayat level, ensuring transparency in government programs, and leveraging the Unique Identification (UID) system along with information technology (IT) benefits. The Aadhaar platform can help improve efficiency in many of these schemes. Additionally, the Central Plan Scheme Monitoring System will function as a management information and decision support system, allowing better tracking of Central Government disbursements under these schemes. There is also a need to monitor the flow of funds from State Governments through various administrative levels to ensure effective spending at the implementation stage. 9.8    Glossary (c)    Niti Ayog: Its Role, Function and Significance (d)    National Developmental Council: Its Role, Functions and Significance. 9.9    Answer to self checkexercises Self-check Exercise-1 Refer to section 9.3 Self-check Exercise-2 Refer to section 9.4 Answer Self-check Exercise-3 Refer to section 9.5 Self-check Exercise-4 Refer to section 9.6 9.10    References/Suggested Readings •    S.R.Maheshwari, “Indian Administration”. •    K.K.Puri, “Indian Administration”. 9.11    Terminal Questions •    Discuss the role of NITI AYOG •    DiscusstheroleofNDC Unit- 10 CONSTITUTIONAL AUTHORITIES- STRUCTURE Structure 10.1    Introduction 10.2    Learning Objectives 10.3 UPSC Functions and Role Self Check Exercise-1 10.4 Election Commission of India Self Check Exercise-2 10.5    The Comptroller and Auditor General of India Self Check Exercise-3 10.6 Functions of and Auditor Self Check Exercise-4 10.7    Summary 10.8    Glossary 10.9    Answer to Self Check Exercises 10.10 References/Suggested Readings 10.11    Terminal Questions 10.1Introduction 11    The Constitution of India is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution.B. R. Ambedkar and Constitution of India on a 2015 postage stamp of India. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in Article 395. India celebrates its constitution on 26 January as Republic Day. The constitution declares India a sovereign, socialist, secular, and democratic republic, assures its citizens justice, equality, and liberty, and endeavours to promote fraternity. The original 1950 constitution is preserved in a nitrogen-filled case at the Parliament House in New Delhi. The words "secular" and "socialist" were added to the preamble by 42nd amendment act in 1976 during the Emergency. 10.2    Learning Objectives After studying this lesson, this learner will be able: •    Union Public Service (UPSC) •    Election Commission of India (ECI) •    To understand the genesis of the office of CAG. •    To know about terms, conditions, power and functions of CAG. •    To analyze the relations of CAG and Public Accounts Committee. 10.3 UPSC Functions and Role ▪ Union Public Service Commission Union Public Service Commission (UPSC) The Union Public Service Commission (UPSC) is India's main central recruitment agency. It is an independent constitutional body, meaning it was directly established by the Constitution of India. Articles 315 to 323 in Part XIV of the Constitution outline details regarding its composition, appointment and removal of members, as well as its independence, powers, and functions. Composition The UPSC is made up of a chairman and other members appointed by the President of India. The Constitution does not specify the number of members, leaving it to the discretion of the President. Usually, the commission consists of nine to eleven members, including the chairman. There are no specific qualifications required for members, except that at least half of them must have held a government office for at least ten years, either under the Central Government or a State Government. The President also determines the service conditions of the chairman and members. They hold office for six years or until they reach 65 years of age, whichever is earlier. However, they can resign at any time by submitting their resignation to the President. They can also be removed by the President before their term ends, following the procedure laid down in the Constitution. The President can appoint one of the members as an acting chairman in two situations: (a) If the chairman’s position becomes vacant. (b) If the chairman is unable to perform duties due to absence or any other reason. The acting chairman serves until a new chairman takes charge or until the existing chairman resumes duties. Removal of Members The President can remove the chairman or any member of UPSC in the following cases: (a) If they are declared insolvent (bankrupt). (b) If they take up paid employment outside their official duties. (c) If they are considered unfit to continue in office due to physical or mental incapacity. Additionally, the President can remove them for misbehavior. However, in such cases, the President must refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the investigation, confirms the removal, the President is bound to act accordingly. During the inquiry, the President has the power to suspend the chairman or member. The Constitution defines ‘misbehavior’ as: (a) Being involved in any contract or agreement with the Central or State Government. (b) Earning profit from such contracts or agreements in any way other than as a shareholder in a company. Independence of UPSC To ensure that UPSC functions independently and impartially, the Constitution provides the following                                                                           safeguards: (a)    The chairman and members can only be removed in the manner and for the reasons stated in the Constitution,                      ensuring                      job                      security. (b)    Once appointed, their service conditions cannot be changed to their disadvantage. (c) Their salaries, allowances, and pensions come from the Consolidated Fund of India, meaning they         are         not         subject         to         Parliament’s         approval. (d)    The chairman, after leaving office, cannot take up any government job at the Centre or in any state. (e)    A UPSC member can be appointed as the chairman of UPSC or a State Public Service Commission (SPSC) but cannot take up any other government employment. (f) The chairman and members cannot be reappointed for a second term. Functions of UPSC UPSC          performs          the          following          key          functions: (a)    Conducting exams for recruitment to All India Services, Central Services, and services in Union Territories. (b)    Assisting states in joint recruitment schemes if two or more states request it. (c) Serving any state government if requested by the Governor and approved by the President. It is consulted on various personnel matters, including: •    Methods of recruitment to civil services and posts. •    Guidelines for appointments, promotions, and transfers in civil services. •    Evaluating candidates’ suitability for appointments, promotions, and transfers. •    Disciplinary matters related to government employees, such as: o Censure (official disapproval) o Holding back salary increments o Withholding promotions o Recovering financial losses o Demotions o Compulsory retirement o Removal or dismissal from service UPSC also advises on: •    Reimbursement of legal expenses for government employees facing court cases related to their official duties. •    Granting pensions for injuries sustained during government service. •    Approving temporary appointments that exceed one year. •    Extending service periods and re-employing retired government employees. Self-Check Exercise 1 1.    What is the Constitution of India, and when did it come into effect? 2.    What are some key features of the Indian Constitution? 3.    What is the significance of the preamble of the Indian Constitution? 4.    How does the Indian Constitution ensure constitutional supremacy? 5.    What is the role of the Union Public Service Commission (UPSC) in India? 6.    How is the UPSC composed, and what are the qualifications for its members? 7.    What are the grounds for removal of the chairman or members of the UPSC? 8.    What measures are in place to ensure the independence of the UPSC? 9.    What are the functions of the UPSC? 10.    How does the UPSC assist the states in recruitment processes? 10.4Election Commission of India The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country. Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the election commission. Thus, the Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments. It must be noted here that the election commission is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission COMPOSITION Article 324 of the Constitution has made the following provisions with regard to the composition of election commission: 1.    The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time-to-time fix. 2.    The appointment of the chief election commissioner and other election commissioners shall be made by the president. 3.    When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission. 4.    The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission. 5.    The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president. Since its inception in 1950 and till 15 October 1989, the election commission functioned as a single member body consisting of the Chief Election Commissioner. On 16 October 1989, the president appointed two more election commissioners to cope with the increased work of the election commission on account of lowering of the voting age from 21 to 18 years. 2 Thereafter, the Election Commission functioned as a multimember body consisting of three election commissioners. However, the two posts of election commissioners were abolished in January 1990 and the Election Commission was reverted to the earlier position. Again, in October 1993, the president appointed two more election commissioners. Since then and till today, the Election Commission has been functioning as a multi-member body consisting of three election commissioners. The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court. 3 In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by majority. They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. They can resign at any time or can also be removed before the expiry of their term. INDEPENDENCE Article 324 of the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission: The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity. Thus, he does not hold his office till the pleasure of the president, though he is appointed by him. The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment. Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner. POWERS AND FUNCTIONS The powers and functions of the Election Commission 1.    To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament. 2.    To prepare and periodically revise electoral rolls and to register all eligible voters. 3.    To notify the dates and schedules of elections and to scrutinise nomination papers. 4.    To grant recognition to political parties and allot election symbols to them. 5.    To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them. 6.    To appoint officers for inquiring into disputes relating to electoral arrangements. 7.    To determine the code of conduct to be observed by the parties and the candidates at the time of elections. 8.    To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections. 9.    To advise the president on matters relating to the disqualifications of the members of Parliament. 10.    To advise the governor on matters relating to the disqualifications of the members of state legislature. 11.    To cancel polls in the event of rigging, booth capturing, violence and other irregularities. 12.    To request the president or the governor for requisitioning the staff necessary for conducting elections. 13. To supervise the machinery of elections throughout the country to ensure free and fair elections. 14. To advise the president whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year. 15.    To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance VISION, MISSION AND PRINCIPLES 6 Guiding Principles The Commission has laid down for itself guiding principles of good governance: 1.    To uphold the values enshrined in the Constitution viz, equality, equity, impartiality, independence; and rule of law in superintendence, direction and control over the electoral governance; 2.    To conduct elections with highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism; 3.    To ensure participation of all eligible citizens in the electoral process in an inclusive voter centric and voter friendly environment; 4.    To engage with political parties and all stakeholders in the interest of electoral process; 5.    To promote awareness about the electoral process and electoral governance amongst stakeholders namely, voters, political parties, election functionaries, candidates and people at large; and to enhance and strengthen confidence and trust in the electoral system of this country; 6.    To develop the human resource for effective and professional delivery of electoral services; 7.    To build quality infrastructure for smooth conduct of electoral process; 8.    To adopt technology for improvement in all areas of electoral process; 9.    To strive for adoption of innovative practices for achieving excellence and overall realization of the vision and mission; 10.    To contribute towards the reinforcement of democratic values by maintaining and reinforcing confidence and trust of the people in the electoral system of the country. Self-Check Exercise 2 1.    What is the Election Commission of India, and why was it established? 2.    What does Article 324 of the Constitution of India specify about the Election Commission? 3.    How is the Election Commission composed, and what changes have occurred in its composition over the years? 4.    What provisions ensure the independence of the Election Commission? 5.    What are the powers and functions of the Election Commission? 6.    How does the Election Commission contribute to ensuring free and fair elections? 7.    What principles guide the functioning of the Election Commission? 8.    What role does the Election Commission play in delimitation of constituencies? 9.    How does the Election Commission manage the registration and recognition of political parties? 10.    What measures can the Election Commission take in case of irregularities or disruptions during elections? 10. 5The Comptroller and Auditor General of India Financial oversight is a crucial aspect of parliamentary democracy, and for effective financial control, an independent audit agency is essential. The Comptroller and Auditor General of India (C&AG) serves as a constitutional mechanism to ensure accountability to Parliament, oversee federal financial operations, and provide expert administrative supervision over government expenditure. To fulfill this role, the Constitution of India mandates the appointment of the C&AG by the President. A fundamental principle of the parliamentary system of government is that the executive is accountable to the legislature for all its actions. However, the legislature can only enforce this accountability if it has the ability to examine and evaluate the activities of the executive in an informed manner. While some executive actions can be easily scrutinized by legislators, others—especially those related to financial transactions—require specialized expertise. Assessing the accuracy of accounts and determining the legitimacy of financial dealings is a technical task beyond the capacity of most legislators, who are generally laypersons in financial matters. Despite this limitation, it remains Parliament’s duty to oversee government expenditures and ensure that public funds are used efficiently and appropriately. Since Parliament lacks the necessary expertise to conduct this scrutiny on its own, it requires the support of a financial expert. This is where the office of the Comptroller and Auditor General becomes indispensable. The C&AG, through professional and impartial assessment, enables Parliament to effectively oversee financial administration and hold the executive accountable. By fulfilling this critical role, the C&AG becomes a key instrument in ensuring the proper functioning of parliamentary governance. His office is considered one of the four pillars of India’s democratic Constitution, alongside the Legislature, the Executive, and the Judiciary. The C&AG is an independent constitutional authority, not a plaything appended to Parliament. When on May 30, 1.949 the Draft Constitution was being discussed in the Constituent Assembly, T. T. Krishnamachari ‘moved a specific amendment adding ‘Comptroller’ to the title of the Auditor General for reasons which he believed to be ‘fairly simple’. The C&AG’s job was not merely audit but also to control the expenses of Government. It is for this reason thatAmbedkar with his canny constitutional insights into financial accountability described ‘this dignitary or officer (as) probably the most important officer in the Constitution of India……… If this functionary is to carry out his duties-and his duties, I submit, are more important than the duties even of the judiciary should certainly be as independent as the judiciary I feel he should have greater •    independence than the judiciary itself.” He added that “…… We do not want a lot of legislators who might have been discontented or for some reason or other or because they may have some kind of fad for economy to interfere with the good and efficient administration of the. Auditor General. •    Asoka Chanda observes, “The Constitution Act, 1950, redesignated the Auditor General as Comptroller arid Auditor General, and made him, along with the judges of the Supreme Court, an officer of the Constitution. The change in designation envisaged a system of control over exchequer issues hitherto absent in the financial administration of India.” To be little either the office, work, status or competence of the C&AG is to undermine the most important instrument through which political, public or financial accountability is achieved. •    When K. T. Shah suggested in the Constituent Assembly that the C8sAG should be a registered accountant, it was rejected by T. T. Krishnamachari, and perforce the Assembly, because the C&AG’s job was “not merely a question of arithmetic or accounting knowledge but a comprehensive knowledge of administration. Self Check Exercise-3: 1.    Discuss the role and functions of the Comptroller and Auditor General of India (CAG). 2.    How does the CAG contribute to financial accountability in India? 10 .6 Functions and Duties of the Comptroller and Auditor General The Comptroller and Auditor General of India (CAG) serves as the head of the Indian Audit and Accounts Department (IA&AD) and holds a constitutional position as the auditor for both the Union and State Governments. The authority of the CAG is derived from Articles 149 to 151 of the Indian Constitution. Additionally, the CAG’s responsibilities, powers, and service conditions are outlined in the CAG’s (Duties, Powers, and Conditions of Service) Act of 1971. Audit Responsibilities of the CAG The statutory responsibilities of the CAG encompass the audit of: •    Receipts and Expenditures of both the Union and State Governments, as recorded in their respective Consolidated Funds. •    Transactions related to Contingency Funds (reserved for emergencies) and Public Accounts (which primarily include loans, deposits, and remittances). •    Trading, manufacturing, profit and loss accounts, balance sheets, and other subsidiary accounts maintained by any government department. •    Stock and store accounts managed by government organizations, government-owned companies, and corporations whose governing laws mandate CAG audit. •    Authorities and entities that receive significant financial support from the Consolidated Funds of either the Union or State Governments. •    Other bodies or authorities that are not substantially financed by the government, if requested by the President or a State Governor. •    Organizations and entities that receive government loans and grants for specific purposes. Audit of Government Companies A distinct arrangement is in place for auditing government-owned companies where the government holds at least 51% equity participation. These companies are primarily audited by Chartered Accountants, who are appointed by the Union Government based on recommendations from the CAG. The CAG provides guidance on how the audit should be conducted and has the authority to comment on or supplement the findings of these auditors. Additionally, the CAG retains the right to directly audit such companies and submit reports to Parliament and State Legislatures. Audit Boards for Public Sector Undertakings (PSUs) A unique aspect of auditing government companies and Public Sector Undertakings (PSUs) is the periodic comprehensive evaluation of their operations. This is carried out by Audit Boards, which are constituted by the CAG and include experts from various relevant fields. These Audit Boards conduct detailed assessments in the form of Audit Reviews of selected PSUs each year. Their findings are incorporated into the CAG’s Commercial Audit Reports. Similar Audit Boards have been established in some states to oversee and evaluate the performance of state-owned PSUs. Accounts Duties The Constitution provides that the format of the accounts of the Union and the State Governments is prescribed by the President on the advice of the CAG. The CAG’s (DPC) Act, 1971 authorises the CAG to lay down for the guidance of Government departments, the general principles of Government accounting and broad principles applicable to audit of receipts and expenditure. The CAG also plays a fiduciary role in federal financial relations. Under Article 279 of the Constitution he ascertains and certifies the net proceeds of taxes levied and collected by the Union but assigned to the States or distributed between the Union and the States. In addition to his audit responsibilities, the CAG continues to compile the accounts for the State Governments except Goa. The accounts of Union Territories of Chandigarh and Dadra 8s Nagar Haveli are also compiled by the Department. The CAG authorises the salary and allowances to officers of a few State Governments. He also authorises payment of pension and other retirement benefits to the employees of most of the State Governments and Union Territories and maintains their Provident Fund Accounts. Audit Reports Apart from the certification of Appropriation Accounts and Finance Accounts of the Union and the State Governments and submission of Separate Audit Reports of Statutory Corporations and other Autonomous Bodies for which the CAG is the sole Auditor, the CAG brings out a number of Audit Reports relating to Union Government and the State Governments. The broad categories of Reports being brought out by the CAG are as follows : State Government Union Government | Civil | Civil | |---|---| | Autonomous Bodies | Receipts | | Scientific Departments | Commerci | al Post & Telecommunications Defence Railways Indirect Taxes Direct Taxes Commercial The CAG communicates his major findings and observations in the above Audit Reports every year. These Reports and certified Finance and Appropriation Accounts are submitted to the President or Governors for being laid before the Parliament or the State Legislatures. Audit Reports on Public Sector Undertakings and Autonomous Bodies are sent to the concerned Ministries or Departments for being laid before the Parliament of the State Legislatures. In the words of Asoka Chanda, “Audit by C&AG is not restricted by any limitations. He is free to bring to the notice of Parliament the impropriety of any executive action, even when its legality is not in question. Nor is his continuance in office dependent on the will or convenience of the administration. The special provisions incorporated in the Constitution do not merely underline his position as a servant of the people; they also endow him with appropriate authority in that conception to review the financial administration of the country as a whole.” Some authorities have expressed the extreme view that ‘the Comptroller and Auditor General is the agent of- the Parliament. He is Parliament. Parliament only works through him? This only emphasizes the pivotal role of this office in a parliamentary democracy. His functions are not merely to ensure that the appropriations made by Parliament have not been exceeded without a supplementary vote or that the expenditure conforms to rules, but also to satisfy itself, on behalf of Parliament, as to its Wisdom, faithfulness and economy’. An important responsibility of the Comptroller and Auditor General is to uphold the Constitution and the laws in the field of financial administration, and therefore to disallow any expenditure which in his opinion either violates the Constitution or infringes the laws. But a wider and more important responsibility is the examination of sanctions accorded by competent authorities, so as to satisfy himself that these are proper and fulfill the purpose for which the sanctions have been accorded or grants from the legislature obtained. The Comptroller and Auditor General are competent, therefore, to challenge any improper exercise of discretion and also to comment on the propriety of the sanctions and expenditure. His role is to maintain the dignity, independence, detachment of outlook and fearlessness necessary for a fair, impartial and dispassionate assessment of the actions of the executive in the financial field. Ambedkar has rightly observed, “As an auditor, the Comptroller and Auditor General’s functions and authority are wider and more comprehensive than those exercised by professional auditors. Self Check Exercise-4: 1.    Explain the functions of an auditor. 2.    How do these functions apply to the role of the CAG in auditing government accounts? 10.7    Summary •    The service render by the C&AG is of inestimable value to safeguard the interests of the taxpayer. CAG is the supreme overseer of the Government’s financial activities on behalf of Parliament. “Unlike Finance Ministry, the CAG of India does not control public expenditure. He only offers an objective-oriented mechanism which is conducive to popular control of public expenditure.” The C&AG report on the Bofors issue created a storm and the Government in its turn attacked the report as well as the office of the C&AG. The Deputy leader of the Lok Sabha, N, K. P. Salve, advocated the rejection of the report as such and went to the extent of personalizing the issue in a speech in the Parliament by calling the incumbent C&AG, Mr. T.N. Chaturvedi, an outstanding civil servant, “that Charlie”. •    It is even more appropriate to recall here Jawahar Lai Nehru, what he said about C&AG on November l9, 1952. “For the Comptroller and Auditor General to be criticized on the floor of the House would tend to undermine his special position under the Constitution and would make it difficult for him to discharge his duties without fear or favour. •    In a country like India where public expenditure is increasing at a fast pace year after year, there is scope both for the widening and for the intensifying, of the role of the Comptroller and Auditor General for the better realization or the democratic ideals embodied in the Constitution. However, the role of the CAG should be of watch dog and not of a blood-hound. 10.8    Glossary •  Audit          : Examination of accounts with a view to determining their correctness. •  Auditor       : Officer who are responsible for Audit. •    Extravagance :Over Expenditure 10.9    Answer to Self Check Exercises Answer Self-check Exercise Self-check Exercise-1 Refer to section 10.3 Self-check Exercise-2 Refer to section 10.4 Answer Self-check Exercise-3 Refer to section 10.5 Self-check Exercise-4 Refer to section 10.6 10.10    References/Suggested Readings •    Laxmikant, M. ‘Public Administration’Fifth Edition, Tata McGraw-Hill Publishing Company Limited, New Delhi, 2016. •    Gupta, B.N. Indian Federal Financial and Budgeting Policy, Chaitanya Publishing House, Allahabad, 1970. •    Wattal., P.L. Parliamentary Financial Control in India, Minerva Book Depot, Bombay, 1985. •    Handa., K.L. Financial Administration in India, HPA New Delhi, 1988 •    Pyhrr., P.A. Zero-Base Budgeting, Johan Wiley and Sons, New York, 1973. •    Baisys., K.N. Financial Administration in India, Himalaya Publishing House, Bombay, 1986. •    Mahajan., S.K. & Mahajan., A. P. Financial Administration in India, P.H.I, New Delhi. 10.11    Terminal Questions •    Trace the genesis of office of CAG in India. •    Critically examine the role of Election Commission of India. •    Write a note on the Repot of CAG in India. Unit-11 STATUTORY AUTHORITIES Structure 11.1    Introduction 11.2 Learning Objectives 11.3      Central Vigilance Commission (CVC) Self Check Exercise-1 11.4      National Commission for Women Self Check Exercise-2 11.5      National Human Rights Commission Self Check Exercise-3 11.6      Summary 11.7        Glossary 11.8        Answer to Self Check Exercises 11.9        References/Suggesting Reading 11.10 Terminal Questions 11.1    Introduction A statutory body or statutory authority is an organization created by law (statute) and granted the power to implement legislation on behalf of a nation or state. In some cases, these bodies are also given the authority to formulate rules and regulations within their respective domains, such as statutory instruments. Statutory bodies are most commonly found in nations following the British parliamentary system, including the United Kingdom, Australia, Canada, India, and New Zealand. They also exist in Israel and other countries. Some statutory authorities are also classified as statutory corporations if they have corporate status. Statutory Authorities and Corporations At the federal level, statutory authorities are established under the PGPA Act 2013. A statutory authority is broadly defined as a power granted by Parliament to an individual or a group to exercise specific functions. Such an authority may be classified as either a corporate Commonwealth entity or a non-corporate Commonwealth entity. In some cases, a statutory authority can also be an administrative unit within a larger Commonwealth entity, operating under Parliamentary authorization while remaining a part of the parent organization. A statutory corporation, as defined in government terminology, is a statutory body with corporate status, which includes entities created under Section 87 of the PGPA Act. According to an earlier definition, a statutory corporation is essentially a statutory authority that operates as a corporate body. The New South Wales Government's Land Registry Services describes a state-owned corporation as a statutory authority with corporate status. State and Territory-Level Statutory Authorities At the State or Territory level, statutory authorities are created under respective State or Territory legislation. Each statutory body operates under its own foundational law, even if it was established before broader overarching legislation came into effect. For instance, the Commonwealth Scientific and Industrial Research Organization (CSIRO) was founded in 1949 under the Science and Industry Research Act. However, it was later incorporated under the Commonwealth Authorities and Companies Act 1997, following the evolution of legal provisions governing statutory authorities. Regulations Made by Statutory Authorities Laws enacted by statutory authorities are usually referred to as regulations. Unlike Acts of Parliament, these regulations are not cited in the same manner but are typically referenced using specific initials (corresponding to the authority) along with a unique identification number. Similar to laws passed by Parliament, all regulations created by statutory authorities must be officially published in the Government Gazette to ensure transparency and legal validity. 11.2    Learning Objectives After going through this lesson the students will be able to know the •    Basic concept of Statutory Authorities •    Central Vigilance Commission •    National Commission For Women •    National Human Rights Commission 11.3    Central Vigilance Commission (CVC) In pursuance to Santhanam recommendations of 1964, the Central Vigilance Commission was created. It is a one-man commission and the commissioner has one secretary, five directors, three under secretaries and a small office staff at Delhi. Eleven commissioners of departmental engineers (CDI) handle complaints from respective spheres. One chief technical examiner, eight technical examiners and six assistant technical examiners constitute the technical wing which probes the cases of maladministration. The protection of integrity in administration, being the major task of the CVC, it performs the following functions: (1)    Exercising a general check and supervision over vigilance and. anti-corruption work in ministries, public sector undertakings and call for reports/returns. (2)    Conducting an independent technical examination from the vigilance angle of works undertaken by Central government organisations. (3)    Undertaking inquiry into transactions in which a. public servant (in Central government, organisations) is suspected or alleged to have acted in a corrupt manner through the CBI or the CVOs of the respective orgsnisations. (4)    Tendering independent advice in disciplinary cases haying a vigilance angle at different stages of investigation, inquiry appear and review. (5)    Advising the appropriate authorities to modify the existing procedures in the Central government to mitigate the scope for misconduct. On receiving complaint, the CVC can entrust the matter for enquiry by ministry or department concerned. It may ask the CBI to probe the matter and furnish relevant records. The director, Central Bureau of Investigation will forward the final report of his investigation to the ministry of home affairs through the CVC, if sanction for such prosecution is required under any law to be issued in the name of the Parliament, Recently, the CBI has been accorded the status of a national police station. The Commission has laid down procedures to be followed by the administrative ministries/ departments. The jurisdiction of the Commission extends to all employees of the Central government and its organisations. It advises on individual vigilance cases only in regard to senior higher-level personnel. The role of the Central Vigilance Commission is advisory, but as per the government resolution, the CVC enjoys the same measure of independence and autonomy as the UPSC of India. The ministers and Member of Parliament are outside the purview of the CVC’s jurisdiction. The CVC sends its annual report to the ministry of personnel to be tabled on the floor of the both houses of Parliament. The vigilance organisations in every ministry stays in touch with the CVC who coordinates the work with chief vigilance officers. While the primary responsibility for the maintenance of probity, integrity and efficiency in each organisation continues to rest in the secretary of the ministry or the head of the department, an officer in each ministry/department has been designated as chief vigilance officer and entrusted with vigilance work. The chief vigilance officer is responsible for coordinating and guiding the activities of other vigilance officers in the attached and subordinate offices and other organisations with which his ministry/department is concerned. Self-Check Exercise-1: 1.    What is the role of the Central Vigilance Commission (CVC) in India? 2.    How does the CVC contribute to the fight against corruption? 11.4 National Commission for Women In 1974, the Committee on the Status of Women in India, established by the Government of India, recommended the creation of a National Commission for Women. The purpose of this Commission was to monitor women’s issues, address grievances, and accelerate socio-economic development. Over the years, several committees, commissions, and plans, including the National Perspective Plan for Women (1988), reiterated the need for such an apex body for women. Consequently, the National Commission for Women (NCW) was established in 1992 to protect, promote, and safeguard women’s rights and interests. The Commission functions as an autonomous statutory body, rather than a constitutional entity. It was constituted through legislation enacted by Parliament, specifically the National Commission for Women Act, 1990. The Ministry of Women and Child Development, Government of India, serves as its nodal ministry. The Commission has a broad mandate that encompasses various aspects of women’s empowerment and development. Objectives of the Commission The key objectives of the Commission include: •    Reviewing constitutional and legal safeguards available to women. •    Recommending legislative measures for women’s welfare. •    Facilitating grievance redressal and addressing violations of women's rights. •    Providing advice to the government on policies affecting women. Composition of the Commission The Commission is a multi-member body comprising: •    A Chairperson, who must be a person committed to the cause of women. •    Five members, selected based on their expertise in law, trade unions, industry management, women’s voluntary organizations, administration, health, education, economic development, and social welfare. At least one member each must be from the Scheduled Castes and Scheduled Tribes. •    A Member-Secretary, who must be: 1.    An expert in management, organizational structure, or sociological movements, or 2.    A civil servant belonging to an All India Service or holding a civil post under the Union. The Chairperson, members, and Member-Secretary are all appointed by the Central Government through the Ministry of Women and Child Development. Their salaries, allowances, and service conditions are also determined by the Central Government. Tenure and Removal of Members The Chairperson and members serve a three-year term. However, they have the option to resign at any time by submitting a resignation to the Central Government. Additionally, the Central Government holds the authority to remove the Chairperson or any member before their tenure ends under the following circumstances: •    If the individual is declared insolvent. •    If convicted and sentenced to imprisonment for an offense involving moral turpitude. •    If declared of unsound mind by a competent court. •    If they refuse or become incapable of performing duties. •    If absent from three consecutive Commission meetings. •    If they misuse their official position in a way deemed detrimental to the public interest. However, before removal, the concerned individual must be given an opportunity to present their case. Functions of the Commission The Commission has a fourteen-point mandate, including the following responsibilities: •    Examining and investigating matters related to constitutional and legal safeguards for women. •    Submitting annual and special reports to the Central Government regarding the effectiveness of these safeguards. •    Proposing reforms for the better implementation of women-related laws and policies. •    Reviewing existing legal provisions and recommending amendments to address gaps. •    Taking up cases of legal violations related to women's rights with relevant authorities. •    Receiving complaints and acting suo moto in cases involving deprivation of rights, nonimplementation of protective laws, gender inequality, and non-compliance with policy decisions. •    Conducting studies and investigations into discrimination and violence against women, identifying barriers, and proposing strategies for improvement. •    Promoting educational research to enhance women’s representation across various sectors and identify challenges such as lack of housing, poor access to basic services, insufficient support systems, occupational hazards, and issues affecting productivity. •    Participating in the socio-economic planning process to ensure women's development. •    Evaluating the progress of women’s development at the national and state levels. •    Inspecting jails, remand homes, women's institutions, or any place of custody where women are detained, and recommending remedial measures. •    Providing legal aid and financial assistance for litigation related to women's rights and welfare. •    Reporting periodically to the government on the challenges women face and the Commission’s interventions. •    Examining any other matters referred by the Central Government concerning women’s rights and development. Reports of the Commission The Commission submits an annual report to the Central Government and can provide special reports whenever necessary. The Central Government presents these reports before both Houses of Parliament, accompanied by a memorandum detailing actions taken on the Commission’s recommendations. If any recommendation is not accepted, the memorandum must provide justifications. If a report concerns a state government, the Commission forwards a copy to the respective state, which then presents it to the State Legislature along with an action-taken memorandum. Powers of the Commission The Commission is empowered to take various actions to fulfill its mandate: •    Constituting committees to address specific issues concerning women. •    Co-opting experts from outside the Commission into committees, who may participate in deliberations but do not have voting rights. •    Regulating its own procedures and the functioning of its committees. •    Exercising the powers of a civil court while conducting investigations or inquiries, including: o Summoning and enforcing attendance of individuals across India. o Examining individuals under oath. o Demanding the production of documents. o Receiving evidence through affidavits. o Requisitioning public records from courts or government offices. o Issuing summons for witness examinations and document verification. o Performing any other function prescribed by the Central Government. Additionally, the Central Government must consult the Commission on all major policy matters affecting women. Working of the Commission The Commission processes verbal and written complaints and can take suo moto action in cases affecting women. These complaints typically involve crimes against women, including: •    Domestic violence •    Harassment and dowry-related issues •    Torture, murder, and abduction •    Bigamy and desertion •    Rape and sexual harassment at the workplace •    Cruelty by husband or in-laws •    Discrimination and deprivation of rights •    Police brutality and NRI marriage-related complaints Handling Complaints The Commission addresses complaints in the following ways: •    Cases of police negligence are referred to law enforcement, and progress is monitored. •    Family disputes are handled through counseling and mediation. •    Statistical data on complaints are provided to state authorities for necessary action. •    In cases of sexual harassment, concerned organizations are urged to expedite inquiries and resolutions. •    For serious crimes, the Commission forms Inquiry Committees to ensure swift justice and relief to victims. By executing these responsibilities, the National Commission for Women plays a crucial role in ensuring gender justice, addressing grievances, and promoting women's empowerment in India. Self-Check Exercise-2: 1.    What are the main functions of the National Commission for Women (NCW)? 2.    How does the NCW work towards protecting and promoting women's rights in India? 11.5 National Human Rights Commission The National Human Rights Commission (NHRC) was established under the Human Rights Commission Act of 1993. Additionally, a human rights cell was created within the Ministry of Home Affairs. States were advised to set up human rights cells or commissions to oversee and follow up on cases of alleged human rights violations by law enforcement agencies. To facilitate this, the President of India promulgated an ordinance in 1993. According to the ordinance, human rights are defined as “the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution of India.” The Human Rights Act extends to the entire country, including Jammu and Kashmir, in matters relating to any entries listed under List I or List III of the Seventh Schedule of the Constitution. The NHRC consists of eight members: 1.    A Chairperson who has previously served as the Chief Justice of the Supreme Court. 2.    One member who is or has been a Judge of the Supreme Court. 3.    One member who is or has been the Chief Justice of a High Court. 4.    Between two and five members selected from individuals with knowledge or practical experience in human rights-related matters. The Chairpersons of the National Commission for Minorities, the National Commission for Scheduled Castes and Scheduled Tribes, and the National Commission for Women are deemed members of the NHRC in the discharge of its functions. The Secretary-General acts as the executive officer of the Commission. Members of the NHRC are appointed by the President of India based on the recommendations of a committee comprising the Prime Minister, the Speaker of the Lok Sabha, the Home Minister, the Leader of the Opposition in the Lok Sabha, and the Deputy Chairman of the Rajya Sabha. A Chairperson or any other member may be removed from office if declared insolvent, found to be of unsound mind, convicted of an offense involving moral turpitude, or deemed incapable of performing their duties. The tenure of members, including the Chairperson, is five years or until they reach the age of 70, whichever comes earlier. They are eligible for reappointment. The NHRC regulates its own procedures, and its actions and proceedings cannot be questioned. Furthermore, the terms and conditions of service cannot be altered to the detriment of its members. The NHRC includes a Secretary-General with the rank of Secretary to the Government and a Director-General of Police responsible for supervising investigative staff. Under Section 12 of the Act, the NHRC is empowered to: 1.    Intervene in any legal proceeding involving allegations of human rights violations, with the court’s approval. 2.    Visit jails and other institutions where individuals are detained or housed for treatment, reformation, or protection, and assess their living conditions. 3.    Examine international treaties and instruments on human rights and suggest measures for their effective implementation. 4.    Investigate complaints presented by victims or on their behalf regarding human rights violations or negligence by public servants in preventing such violations. 5.    Review factors—including acts of terrorism—that hinder the enjoyment of human rights and propose corrective actions. 6.    Assess safeguards for the protection of human rights and recommend measures to improve their effectiveness. 7.    Promote human rights awareness and literacy through publications, media, seminars, and other means. 8.    Encourage the efforts of non-governmental organizations (NGOs) and institutions working in the field of human rights. 9.    Conduct and promote research on human rights. 10.    Undertake any other functions it deems necessary for advancing human rights. The NHRC has extensive jurisdiction, allowing it to conduct inquiries and investigations under the Code of Civil Procedure, 1908. This includes summoning and examining witnesses under oath, ordering the discovery and production of documents, and receiving evidence via affidavits. The Commission can also requisition public records from courts or government offices, issue summonses for witness examinations, and require individuals to provide information relevant to inquiries. The NHRC is deemed a civil court, and any offense committed in its presence can be recorded and forwarded to a magistrate. Its proceedings are considered judicial in nature under Sections 193 and 228 of the Indian Penal Code (IPC), and for the purposes of Section 196 of the IPC. Evidence before the Commission is governed by Section 15 of the Indian Evidence Act. Reports submitted to the Commission undergo verification for credibility and accuracy. Upon completing an inquiry, the NHRC may: 1.    Recommend to the concerned government the initiation of legal proceedings against the accused persons. 2.    Suggest immediate interim relief for the victim or their family. 3.    Send a copy of its inquiry report, along with recommendations, to the relevant government, requiring an action report within a month. 4.    Provide a copy of the inquiry report to the complainant or their representative. 5.    Seek directives, orders, or writs from the Supreme Court or High Court as necessary. A distinct procedure is followed when members of the armed forces are involved. In such cases, the NHRC may seek a report from the Central Government and decide whether to proceed with the complaint or make recommendations to the government. The Central Government must respond within three months regarding the actions taken on the NHRC’s recommendations. Additionally, the Commission provides the complainant with a copy of the report. The NHRC submits an annual report to the Central Government and relevant State Governments. It can also submit special reports on urgent matters that cannot wait until the annual report submission. These reports are tabled before Parliament or the respective State Legislatures, along with a memorandum outlining the actions taken on the NHRC’s recommendations. If any recommendation is not accepted, the memorandum must include the reasons for its rejection. State-level Human Rights Commissions follow a framework similar to the NHRC. The State Government, in consultation with the Chief Justice of the High Court, may designate a Sessions Court in each district as a Human Rights Court to handle such cases. The NHRC has expanded its scope to address broader socio-economic issues of national concern. It has recommended enacting legislation for compulsory primary education and allocating necessary resources. To make human rights enforcement more effective, the judiciary at lower levels must actively cooperate. Legal services must safeguard individuals against third-degree interrogation methods employed by the police. Additionally, the NHRC should promote a human rights culture among police officers and medical professionals. There is an urgent need to emphasize professional integrity and repeal draconian laws that violate human rights. The NHRC should have its own prosecutors and legal teams to independently pursue violators without requiring prior government sanction. Self-Check Exercise-3: 1.    What are the key responsibilities of the National Human Rights Commission (NHRC)? 2.    How does the NHRC address human rights violations in India? 11.6Summay Democratic administration in its essence has to address itself to people’s welfare. The common citizen does not have a feel of democratic governance unless the administration is responsive responsible and transparent. Even the most populist policies when they come to the cutting edge do not provide succor but harass and torture people as if they are being governed by native colonial masters. Sections or laws made by representatives of the people do not satisfy the citizen, but he accepts that administration should attend to his problems with a smile. Human rights and dignity of the individual are loud sounding euphuisms. The lay citizen “has his grievances against the administration and even when these grievances are fake or money or even exaggerated be has a basic right of their redressed. The Baranbds Study of Delhi found that corruption enough a major grievance, is still much low as compared to apathy, embarrassment, delay and harassment, leading, to exploitation and abuse of office by the administrators. Corruption, indifference, insensitiveness in the part of public servants do frequently cause harm and hardship to lay, citizens. These grievances of citizens can be general “against the government its acts and policies and may be common to all or any section of the community. The Individual grievances are found where the citizens, as individuals, have complaints against the executive organs of government, i.e., the permanent services. The individual grievances in a democratic set up look widespread and poignant. The citizen is within his right to expect that the public servants are honest, responsive, and fair in the discharge of their duties in administration”. The scope of administrative activity includes diverse functions such as issues of licences of public distribution of commodities, welfare services and social services like banking and insurance and registration of private property. These orders are passed by the officials at all levels. There is a vast field of administrative discretion in which administrative authority may act arbitrarily and the injured citizen may not obtain redressed. The traditional instrument of control over executive power and discretion have been legislative overseeing and judicial review. Our Constitution has incorporated fundamental rights of the citizen which are justifiable. In addition, there exist institutions like Janta Darbar, complaint boxes and paper clipping for the ventilation and redress of grievances in the form of approach to administrative authorities at different levels in their original, appellate, provisional or supervisory jurisdiction. The legislative overseeing does not redress individual grievances arising in the course of day- to-day administration. Similarly, justice through courts is expensive and dilatory. The various administrative tiers and hierarchies have proved inadequate for the purpose. To streamline the existing governmental machinery for redressed, a commissioner for public grievances was appointed in 1966. Complaint cells have also been set up in the ministries to handle grievances. At present, a separate Department of Administrative Reforms and Public Grievances exists in the Ministry of Personnel, Public Grievances and pensions to attend to citizen grievances. 11.7 Glossary(d)    National Commission For Women(e)    Human Rights Commission(f)    CVC(Central Vigilence Commission). 11.8    Answer to Self Check Exercises Answer Self-check Exercise Self-check Exercise-1 Refer to section 11.3 Self-check Exercise-2 Refer to section 11.4 Answer Self-check Exercise-3 Refer to section 11.5 11.9 References/Suggested Readings (3)    S.R.Maheshwari, “Indian Administration”. (4)    K.K.Puri, “Indian Administration”. 11.10    Terminal Questions •    Discuss in detail the executive control over Administration. •    What is the machinery for the redressal of the citizen grievances. •    Discuss the organization and function of Central Administrative Tribunal in India. Unit-12 ADMINISTRATIVE REFORMS IN INDIA Structure 12.1       Introduction 12.2    Learning Objectives 12.3       Administrative Reforms in India Self Check Exercise-1 12.4      First ARC (Administrative Reforms Commission) 1966 Self Check Exercise-2 12.5      Second ARC (Administrative Reforms Commission) 2005 Self Check Exercise-3 12.6      Summary 12.7        Glossary 12.8    Answer to Self Check Exercises 12.9        References/Suggesting Reading 12.10 Terminal Questions 12.1Introduction The Department of Administrative Reforms and Public Grievances (DARPG) is the central agency of the Government of India responsible for administrative reforms and redressal of public grievances, including those related to the states and central government agencies. It aims to document and disseminate successful governance practices, undertake international exchange and cooperation for public service reforms, and manage the Centralized Public Grievance Redress and Monitoring System (CPGRAMS). CPGRAMS, established in 2007, is an online system for grievance redressal. It forwards public grievances received online from citizens to both central government ministries/departments/organizations and concerned state governments. The system handles grievances received in two forms: online registered grievances through CPGRAMS and offline grievances received through post. Offline grievances are digitized, uploaded to CPGRAMS, and forwarded online to the relevant authorities. Recently, an appeal mechanism was introduced in CPGRAMS as per the recommendations of the Department Related Parliamentary Standing Committee. This mechanism allows for the redressal of dissatisfied grievances identified through mandatory feedback ratings given by citizens on the disposal of their grievances by Nodal Grievance Officers. Nodal Appellate Authorities in Ministries/Departments were operationalized for this purpose. CPGRAMS interlinks 86 Central Ministries/Departments/Organizations and 37 States/UTs, with over 51,000 subordinate users, including subordinate and field officers, listed on the platform. 12.2    Learning Objectives After going through this lesson the students will be able to know the •    Administrative Reforms in India •    First Administrative Reforms(ARC) •    Second Administrative Reforms (ARC) 12.3    Administrative Reforms Commission in India (ARC) The Administrative Reforms Commission (ARC) is a committee appointed by the Government of India to provide recommendations for reviewing and improving the public administration system of the country. The first ARC was established on 5 January 1966 to examine the administrative structure and suggest reforms for enhancing efficiency and effectiveness in governance. Initially, the Commission was chaired by Morarji Desai. However, when Desai was appointed as the Deputy Prime Minister of India, K. Hanumanthaiah took over as the chairman of the Commission. The Second Administrative Reforms Commission (ARC) was constituted on 31 August 2005 as a Commission of Inquiry under the leadership of Veerappa Moily. This Commission was tasked with preparing a comprehensive blueprint for restructuring and modernizing the public administrative system in India. The first ARC was established through a resolution issued by the Ministry of Home Affairs under the Government of India. The resolution, numbered 40/3/65-AR(P) and dated 5 January 1966, provided a detailed outline of the Commission’s composition, its mandate, and the procedures it was required to follow. This resolution laid the foundation for the Commission’s functioning and objectives, guiding its efforts to bring about administrative improvements in the country. Self Check Exercise-1: 1.    What are the key areas targeted by administrative reforms in India? 2.    How do administrative reforms contribute to improving governance and public administration? 12.4    FIRST ADMINISTRATIVE REFROMS COMMISSION (ARC 1966) The Commission was mandated to give consideration to the need for ensuring the highest standards of efficiency and integrity in the public services, and for making public administration a fit instrument for carrying out the social and economic policies of the Government and achieving social and economic goals of development, as also one which is responsive to the people. In particular, the Commission is to consider the following: 1.    The machinery of the Government of India and its procedures of work 2.    The machinery for planning at all levels 3.    Center-State relationships 4.    Financial administration 5.    Personnel administration 6.    Economic administration 7.    Administration at the State level 8.    District administration 9.    Agricultural administration 10.    Problems of redress of citizen's grievances. ▪ Recommendations of Reports The Commission submitted the following 20 reports before winding up in mid-1970s 1.    Problems of Redress of Citizens Grievances (Interim) 2.    Machinery for Planning 3.    Public Sector Undertakings 4.    Finance, Accounts & Audit 5.    Machinery for Planning (Final) 6.    Economic Administration 7.    The Machinery of GOI and its procedures of work 8.    Life Insurance Administration 9.    Central Direct Taxes Administration 10.    Administration of UTs & NEFA 11.    Personnel Administration 12.    Delegation of Financial & Administrative Powers 13.    Center-State Relationships 14.    State Administration 15.    Small Scale Sector 16.    Railways 17.    Treasuries 18.    Reserve Bank of India 19.    Posts and Telegraphs 20.    Scientific Departments The aforementioned 20 reports comprised a total of 537 major recommendations. Based on the feedback received from various administrative ministries, a comprehensive report detailing the implementation status of these recommendations was presented before Parliament in November 1977. Sarkaria Commission The Sarkaria Commission was established by the Central Government of India in 1983, primarily to review and assess the relationship between the Centre and the states across various domains. The Commission was tasked with recommending necessary modifications while ensuring that all suggested changes remained within the constitutional framework of India. It was named after Justice Ranjit Singh Sarkaria, a retired Supreme Court judge, who served as its Chairman. The other members of the Commission included Shri B. Sivaraman (former Cabinet Secretary), Dr. S.R. Sen (former Executive Director of the International Bank for Reconstruction and Development), and Rama Subramaniam, who acted as the Member Secretary. The final report of the Sarkaria Commission contained 247 specific recommendations. Despite the extensive nature of its reports, the Commission largely advocated maintaining the status quo concerning Centre-State relations, particularly in areas such as legislative powers, the role of Governors, and the application of Article 356. It is widely acknowledged that although the Commission proposed certain changes, the government did not implement most of its recommendations. The report spanned 19 chapters and put forth various key suggestions. These included the requirement for the Centre to consult states before enacting legislation on matters listed under the Concurrent List, the binding nature of river water dispute tribunal awards on the parties involved three months after issuance, and the strategic use of Article 258 by the Centre to delegate powers to the states. •    Chapter I. Perspective •    Chapter II. Legislative Relations •    Chapter III. Administrative Relations •    Chapter IV. Role of the Governor •    Chapter V. Reservation of Bills by Governors for President's consideration and Promulgation of Ordinances •    Chapter VI. Emergency Provisions •    Chapter VII. Deployment of Union Armed Forces in States for Public Order Duties •    Chapter VIII. All India Services •    Chapter IX. Inter-Governmental Council •    Chapter X. Financial Relations •    Chapter XI. Economic and Social Planning •    Chapter XII. Industries •    Chapter XIII. Mines and Minerals •    Chapter XIV. Agriculture •    Chapter XV. Forests •    Chapter XVI. Food and Civil Supplies •    Chapter XVII. Inter-State River Water Disputes •    Chapter XVIII. Trade, Commerce and Inter-course within the Territory of India •    Chapter XIX. Mass Media •    Chapter XX. Miscellaneous Matters •    Chapter XXI. General Observations •    Chapter XXII. Appendices •    Chapter XXIII Conclusion Recommendations on the Appointment of Governors 1.    The individual selected should be a distinguished and eminent personality. 2.    The appointed Governor must be from outside the state to ensure impartiality. 3.    The individual should not have been actively involved in politics for a significant period before their appointment. 4.    The Governor should remain neutral and must not have deep-rooted connections with the state's local political landscape. 5.    The appointment should be made in consultation with the Chief Minister of the state, the Vice President of India, and the Speaker of the Lok Sabha. 6.    The tenure of the Governor must be secure and should not be arbitrarily disrupted except in extremely compelling circumstances. If removal becomes necessary, the Governor must be given a fair opportunity to respond to the reasons for their dismissal. In cases of termination or resignation, the government should submit a detailed statement before both Houses of Parliament, explaining the circumstances leading to such an action. 7.    Upon completing their tenure, the individual should not be eligible for any other government position or office of profit at the Union or State level, except for a second term as Governor or election as Vice President or President of India. 8.    At the conclusion of their tenure, the Governor should receive reasonable post-retirement benefits. The Commission emphasized that the state government should have a significant role in the appointment of the Governor. It recommended that the selection should be made: •    From a panel prepared by the State Legislature; or •    From a panel formulated by the State Government, preferably by the Chief Minister. The Commission also stressed the necessity of consulting the Chief Minister before the appointment of a Governor. In a parliamentary system, a functional and cooperative relationship between the Chief Minister and the Governor is essential. The primary objective of such consultation is to assess any objections the Chief Minister might have regarding the proposed appointment. However, the Commission observed that this practice has not been consistently followed in recent years. It found that, in most cases, the Union Government merely informs the Chief Minister of the appointment decision rather than seeking their input. In some instances, even this prior notification has not been provided. To enhance the credibility of the selection process, the Commission recommended that the Prime Minister should consult both the Vice President of India and the Speaker of the Lok Sabha while selecting a Governor. Some of these recommendations have already been implemented, such as the requirement that Governors should be appointed from outside the state. The Supreme Court has, on multiple occasions, underscored the urgent need to implement the Sarkaria Commission's recommendations on the selection and appointment of Governors. Self Check Exercise-2: 1.    What were the primary recommendations of the First Administrative Reforms Commission (ARC) established in 1966? 2.    How have these recommendations influenced administrative practices in India? 12.5 SECOND ADMINISTRATIVE REFORM COMMISSION (ARC-2005) The Administrative Reforms Commission (ARC) is a committee established by the Government of India with the objective of providing recommendations for the review and enhancement of the country’s public administration system. The First Administrative Reforms Commission was constituted on 5 January 1966. Initially, the commission was chaired by Morarji Desai, but following his appointment as the Deputy Prime Minister of India, the chairmanship was transferred to K. Hanumanthaiah. The Second Administrative Reforms Commission (ARC) was established on 31 August 2005 as a Commission of Inquiry under the chairmanship of Veerappa Moily. The purpose of this commission was to draft a comprehensive blueprint for restructuring and modernizing the public administration system to make it more effective, transparent, and accountable. The mandate of the Commission was to examine and recommend measures to ensure the highest standards of efficiency and integrity in public services. Additionally, it was tasked with making public administration an effective tool for implementing the social and economic policies of the government, facilitating national development objectives, and ensuring that the administrative framework remains responsive and accessible to the people. In particular, the Commission is to consider the following: 1.    The machinery of the Government of India and its procedures of work; 2.    The machinery for planning at all levels; 3.    Center-State relationships; 4.    Financial administration; 5.    Personnel administration; 6.    Economic administration; 7.    Administration at the State level; 8.    District administration; 9.    Agricultural administration; and 10.    Problems of redress of citizen's grievances Self Check Exercise-3: 1.    What were the major recommendations of the Second Administrative Reforms Commission (ARC) established in 2005? 2.    How did the recommendations of the Second ARC differ from those of the First ARC? 12.6    Summary The Commission will devise its own procedure for the discharge of its functions, and the Commission may, if it deems it necessary so to do, have investigation or examination of such matters as it may deem fit to be made in such manner and by such persons as it may consider appropriate. The Ministries and Departments of the Government of India shall furnish such information and documents and provide assistance as may be required by the Commission from time to time. The Government of India trusts that the State Governments and the Union Territory Administrations and others concerned will extend their fullest cooperation and assistance to the Commission. 12.7 Glossary (g)    Union List: It include 97 subject to National interest. (h)    State List: Includes 62 subject to state importance. (i)    ConcurrentList:44 subject where centre and state government, both can make the law on these subjects. 12.8 Answer to Self Check Exercises Self-check Exercise-1 Refer to section 12.3 Self-check Exercise-2 Refer to section 12.4 Answer Self-check Exercise-3 Refer to section 12.5 12.9    References/Suggested Readings (5)    S.R.Maheshwari, “Indian Administration”. (6)    K.K.Puri, “Indian Administration”. 12.10    Terminal Questions 3.    DiscussindetailtheUnionStateandConcurrentlistrelatingtocentralandstaterelationsinIndia. 4.    DescribetheoverviewoftheSarkariaCommissionreportrelatingtheCentrestaterelationinIndia. Unit-13 CITIZEN CHARTER: AN INSTRUMENT OF ADMINISTRATIVE ACCOUNTABILITY Structure 13.1    Introduction: Basic Concept, Origin and Principal 13.2    Learning Objectives 13.3    Comprehensive Website on Citizen Charters Self-check Exercise-1 13.4 Exemplary Implementation of citizen charter Self-check Exercise-2 13.5 Evaluation of citizen Charters Self-check Exercise-3 13.6    Summary 13.7    Glossary 13.8    Answer to Self Check Exercises 13.9    References/Suggested Readings 13.10 Terminal Questions . 13.1    Introduction: Basic Concept, Origin and Principles It is globally acknowledged that good governance plays a crucial role in ensuring sustainable development, encompassing both economic and social progress. The fundamental pillars of good governance include transparency, accountability, and responsiveness within the administrative framework. The Citizen’s Charter initiative emerged as a direct response to addressing the daily challenges faced by citizens when engaging with public service providers. This concept embodies the mutual trust between service providers and service users. The Citizen’s Charter was first conceptualized and implemented in the United Kingdom under the Conservative Government of John Major in 1991 as a national program aimed at continuously enhancing the quality of public services. The primary goal was to ensure that public services effectively catered to the needs and expectations of citizens. In 1998, the Labour Government of Tony Blair rebranded the initiative as "Service First", further strengthening its core objectives. The Citizen’s Charter movement was founded on six guiding principles: Quality: Enhancing service standards Choice: Offering options wherever feasible Standards: Clearly defining service expectations and redressal mechanisms Value: Ensuring optimal utilization of taxpayers’ money Accountability: Establishing responsibility towards individuals and institutions Transparency: Ensuring clarity in rules, procedures, and grievance redressal In 1998, the Labour Government expanded these principles into nine key service delivery principles: Establishing clear service standards Ensuring openness and full disclosure of information Encouraging public consultation and participation Promoting accessibility and greater choice Upholding fair treatment for all Addressing grievances effectively and proactively Utilizing resources efficiently Driving innovation and continuous improvement Collaborating with other service providers Different countries have adapted elements of the UK Citizen’s Charter model, while some have introduced modifications aligned with the Total Quality Management (TQM) approach to service excellence. In the UK, the Citizen’s Charter evolved within the broader framework of the Next Steps/Modernizing Government Initiatives, integrating quality assurance mechanisms for public service delivery. Key service quality tools employed include the Business Excellence Model, Investors in People, Charter Mark, ISO 9000, and Best Value (UK Government, 1999). Several nations have introduced similar initiatives: •    Malaysia: The Client’s Charter Guidelines (1993) provided a structured framework for government agencies to define and implement service quality commitments. The Best Client’s Charter Award (1993) recognized excellence in service delivery. The Malaysian model closely mirrors the UK framework, distinguishing between agency-wide and unitlevel charters. Additionally, the concept of "service recovery" was introduced, emphasizing proactive measures to restore citizen trust when service failures occurred. •    Australia: The Commonwealth Government of Australia launched its Service Charter initiative (1997) to transition government agencies from rigid bureaucratic processes to customer-focused outcomes. Service Charters became an essential tool for driving organizational change, enhancing service delivery, and enabling performance assessment and improvement. By establishing clear service goals, Service Charters served as a substitute for competition in monopolistic public service sectors (Department of Finance and Administration, 1999). A notable initiative, Centrelink, was introduced as a one-stop access point for government services, serving over six million citizens. The one-to-one service model was adopted to ensure personalized, consistent, and simplified interactions with the government. •    Canada: The Treasury Board of Canada Secretariat launched the Service Standard Initiative (1995), inspired by the UK Citizen’s Charter model, but expanded its scope significantly. This initiative aimed to address public expectations, such as courteous and efficient service, faster response times, extended office hours, and streamlined service delivery through "one-stop-shopping". Simultaneously, it sought to enhance cost-efficiency, reduce the fiscal deficit, and maximize the value for public funds (Treasury Board of Canada, 1995). A comparative analysis of the four major Citizen’s Charter models—UK, Malaysia, Australia, and Canada—reveals that the service quality approach is deeply embedded in each of them to varying extents. Once a government commits to citizen-centric public services, the Total Quality Management (TQM) philosophy naturally aligns with the Citizen’s Charter approach. Both frameworks emphasize the importance of continuous quality improvement, transparency, and public awareness campaigns to ensure that service commitments are effectively communicated and upheld. 13.2    Learning Objectives After going through this lesson the students will be able to know the •    Basic concept of Citizen Charter •    Implementation of Citizen Charter •    InitiativetakenbyGovt.regardingC.C. •    EvaluationofCitizenCharter. •    TheFormulationofCitizenCharter 13.3    COMPREHENSIVE WEBSITE ON CITIZEN’SCHARTERS A comprehensive website of Citizen’s Charters in Government of India (www.qoicharters.nic.in) has been developed and was launched by the Department of Administrative Reforms and Public Grievances on 31 May, 2002. This contains the Citizen’s Charters issued by various Central Government Ministries/ Departments/Organisations. The website provides useful information, data and links Self-check Exercise-1: 1.    What key features should a comprehensive website on Citizen Charters include? 2.    How can such a website benefit citizens and government agencies? 13 .4EXEMPLARY IMPLEMENTATION OF THE CITIZEN’S CHARTER As the government's efforts and initiatives regarding the Citizen’s Charter continued, it was recognized that a model implementation of the Charter in a high-visibility public service sector would not only establish the concept effectively but also serve as a benchmark for replication across other sectors. The banking sector was identified for this purpose, considering its pivotal role in the second phase of economic reforms, its customer-centric operations, and its early adoption of information technology to enhance service efficiency. The core objective of this initiative was to transform the banking sector into a model of excellence in Citizen’s Charter implementation. To initiate the process, three major national-level banks—Punjab National Bank, Punjab and Sind Bank, and Oriental Bank of Commerce—were selected for a Hand-Holding exercise facilitated by the Department of Administrative Reforms and Public Grievances (DARPG) in the year 2000. The following key aspects were emphasized to ensure effective and exemplary implementation of the Citizen’s Charter: Active stakeholder involvement in the formulation of Citizen’s Charters. Comprehensive deployment of the Citizen’s Charters within banks, ensuring full engagement of staff members, particularly employees at the cutting-edge service level. Enhancing customer awareness regarding the Citizen’s Charter to foster transparency and accountability. Specialized training programs for employees at all levels, focusing on Citizen’s Charter concepts and implementation strategies. An initial evaluation of the existing Citizen’s Charters in the identified banks was conducted through independent agencies, highlighting areas for improvement. Action Plans were formulated to address identified shortcomings, leading to a revision and standardization of the Charters based on the model/mother Charter developed by the Indian Banks' Association (IBA). To ensure effective execution, a structured training program was implemented for employees in selected branches, with master trainers trained by the National Institute of Bank Management (NIBM) using a specialized module developed in collaboration with the Department of ARPG. Additionally, various publicity measures were undertaken to increase awareness and outreach regarding the Citizen’s Charter. At the conclusion of this initiative, an external agency was engaged to reevaluate and assess the impact of the Citizen’s Charter implementation in the selected banks. This assessment aimed to document the outcomes and best practices from the Hand-Holding exercise. The National Institute of Bank Management (NIBM) was assigned this task, which was successfully completed, culminating in the publication of a detailed documentation report in the year 2003. Self-check Exercise-2: 1.    Provide an example of an exemplary implementation of a Citizen Charter. 2.    What factors contributed to the success of this implementation? 13.5EVALUATION OF CITIZEN’SCHARTERS An evaluation of the Citizen’s Charters across various government agencies was conducted in October 1998 by the Department of Administrative Reforms and Public Grievances (DARPG) in collaboration with the Consumer Coordination Council, New Delhi, a non-governmental organization (NGO). Given the early stage of this initiative in India, the results were encouraging. To facilitate self-assessment, a brief questionnaire was distributed to all Ministries, Departments, State Governments, and Union Territories, enabling them to conduct an internal evaluation of their Citizen’s Charters. Additionally, organizations were advised to conduct external evaluations, preferably through NGOs, to ensure an objective assessment. During 2002-03, the DARPG engaged a professional agency to develop a standardized model for conducting internal and external evaluations of Citizen’s Charters. This framework aimed to enhance the evaluation process by making it more effective, quantifiable, and objective. The agency was also tasked with evaluating the implementation of Citizen’s Charters in five Central Government organizations and 15 Departments/Organizations across Andhra Pradesh, Maharashtra, and Uttar Pradesh. Furthermore, it was required to propose strategies to enhance awareness, both within the organization and among users, and recommend approaches for training management and staff in formulating and implementing Citizen’s Charters. According to the evaluation report, the major findings were as follows: a. In most cases, Citizen’s Charters were not developed through a consultative process, leading to gaps in their formulation. b. Service providers were largely unfamiliar with the philosophy, objectives, and core principles of the Citizen’s Charter. c. Adequate publicity for the Citizen’s Charters was lacking across all evaluated departments. In many cases, implementation was still in its early stages. d. No dedicated funds had been allocated for raising awareness about the Citizen’s Charter or for staff training on its various components. Key Recommendations The evaluation led to several key recommendations, including: (i) Ensuring stakeholder consultation at every stage of formulating the Citizen’s Charter, involving both citizens and staff to make the process inclusive and representative. (ii) Orienting staff on the vision, mission, and objectives of the Charter, along with training in teambuilding, problem-solving, grievance handling, and effective communication. (iii) Enhancing publicity by utilizing print media (posters, banners, leaflets, handbills, brochures, local newspapers) and electronic media to reach a wider audience. (iv) Allocating specific budgets for awareness campaigns and staff training programs, ensuring proper                                                                          implementation. (v) Adopting and replicating best practices from successful Citizen’s Charter implementations to improve overall effectiveness. These recommendations aimed to strengthen the impact of the Citizen’s Charters initiative, making it a more transparent, citizen-centric, and accountable framework within public administration. Self-check Exercise-3: 1.    What criteria should be used to evaluate the effectiveness of Citizen Charters? 2.    How can feedback from citizens be incorporated into the evaluation process? 13.6Summary The implementation of Citizens’ Charter is an on-going exercise because it has to reflect the extensive and continual changes taking place in the domain of public services. Indian Government continuously strives to serve the citizens in an effective and efficient way so as not only to meet but to exceed their expectations. The Citizens’ Charter initiative is a major step in this direction. 13.7    Glossary The Principle of citizen charter movement: Quality, Choice, Standards, value, Accountability, Transparency Capacity building on citizen charter: Through seminars, workshops. Component of Citizen Charter: Vision and Mission Statement, Detail of Client, Detail of Service Provided to each client group 13.8 Answer to Self- Check Exercises Self-check Exercise-1 Refer to section 13.3 Self-check Exercise-2 Refer to section 13.4 Answer Self-check Exercise-3 Refer to section 13.5 13.9    References/Suggested Reading 1.    K.K. Puri, “Indian Administration.” 13.10    Terminal Questions 1.    Discuss the concept, origin and principle of citizen charter in India. Unit-14 PUBLIC SERVICE DELIVERY IN ADMINISTRATION: RIGHT TO SERVICE ACT Structure 14.0 Introduction: Basic Concept, Origin and Principal 14.1    Learning Objectives 14.3    Public Service Delivery Administration Self Check Exercises-1 14.4        Right to Service Act Self Check Exercises-2 14.5         Summary 14.6          Glossary 14.7         Answer to Self Check Exercises 14.8         References/Suggested Readings 14.9         Terminal Questions 14.1    INTRODUCTION: Basic Concepts origin and Principle. Administration and citizens share a deeply intertwined relationship, where each is integral to the other. The primary objective of administration is to ensure the welfare of the people by providing them with essential amenities required for a decent standard of living. The success of any administrative system is determined by its ability to deliver services efficiently and effectively to the citizens. However, administration alone cannot achieve this goal without the active support and cooperation of the people. Citizens must not be passive recipients but should instead engage as active participants in the service delivery process, working in collaboration with the administration to enhance efficiency and responsiveness. As discussions on governance continue to evolve, citizencentric administration has emerged as a fundamental aspect of governance. In the modern era, the powers and functions of the State have expanded significantly, resulting in a broader scope of administration. This has granted administrators extensive discretionary powers and decision-making authority. However, with such vast administrative powers, there is always the potential for malpractices, corruption, and the harassment of citizens. It has become increasingly evident that the existing mechanisms for addressing citizens’ grievances are insufficient in safeguarding the public against arbitrary misuse of power by public authorities. Additionally, citizens interact with administration on a daily basis for fundamental services such as water supply, electricity, sanitation, and other public utilities. Bhattacharya (2008) classifies these interactions into five distinct categories: clients, regulatees, litigants, participants, and cutting-edge encounters. Frequently, these interactions lead to dissatisfaction among citizens due to inefficiencies, delays, or bureaucratic hurdles in service delivery. This growing discontent and lack of trust in administration have necessitated the need to bring governance closer to the people and restore their confidence in public institutions. To bridge this gap and ensure greater transparency, accountability, and efficiency, governments have introduced various good governance initiatives. These initiatives aim to streamline administrative processes, enhance citizen participation, and improve service delivery mechanisms, ultimately fostering a more responsive and trustworthy governance system. 14.2    Learning Objectives After learning this lesson the students will be know •    Basic Concepts of Public Service Delivery •    Public Service Delivery Administration •    Right to Service Act. 14.3    PUBLIC SERVICE DELIVERY ADMINISTRATION Public service is inherently linked to the government and is provided and ensured by administrative bodies for the benefit of citizens. These services form the primary point of interaction between the public and the State, shaping people's trust in governance and their expectations from the government. Through its central, state, and local tiers, the government strives to maintain equitable living standards by establishing educational institutions, healthcare facilities, an efficient public distribution system, and infrastructure to improve overall quality of life. Public services may be directly delivered by the government or facilitated through private entities with state funding. The Citizen’s Charter Bill, 2011 defines public service as encompassing all goods, services, responsibilities, and obligations to be provided by a public authority. Public services are primarily tax-funded, operating without profit motives and typically not requiring upfront payments before service delivery (Flynn, 1990). These services are non-commercial in nature, exempt from market competition, and allocated based on need rather than market forces. Public services particularly cater to citizens who have limited market choices, ensuring universal access to essential services. Public service delivery is governed by the Public Service Guarantee Act and the Right to Services Act in India, which mandate that these services be provided within a stipulated time frame. Some of the common public services covered under these Acts include issuance of birth, caste, marriage, and domicile certificates, electricity connections, voter ID cards, ration cards, and land record copies. Given their nature, these services are often monopolistic, oligopolistic, and mandatory, making government accountability crucial in their delivery. Public service delivery is a critical component of governance in a developing country like India. Without a robust and efficient delivery mechanism, essential services cannot reach citizens effectively. Since independence, numerous efforts have been made to improve service delivery, but challenges persist due to systemic inefficiencies, bureaucratic bottlenecks, and political malpractices. One of the major concerns in public service delivery is corruption, particularly in the Public Distribution System (PDS) and fair price shops. According to a Planning Commission report (2009), approximately 58% of subsidized food grains meant for below-poverty-line (BPL) families fail to reach the intended beneficiaries, with 36% being siphoned off in the supply chain. Such issues have disproportionately affected marginalized rural populations, worsening their socio-economic conditions. The 1990s economic reforms marked a turning point, ushering in new measures to enhance public service delivery. Some key reform strategies that have improved service delivery in India include: 1.    Decentralization Decentralization is a global governance reform aimed at shifting State powers to subnational governments. India formally institutionalized decentralization through the 73rd and 74th Constitutional Amendments (1992), which established local self-governance in rural and urban areas. Though financial and functional decentralization had historical roots in the 19th century, these constitutional amendments formalized and strengthened local governance, giving grassroots institutions a greater role in public service delivery. 2.    Citizen Awareness and Demand for Better Services With the rise of information access, citizens are becoming more aware of their rights and are increasingly demanding efficient, transparent, and accountable public services. This growing public consciousness has pressured the government to improve service standards and reduce inefficiencies in governance. 3.    Community Mobilization Community-driven initiatives have emerged as key drivers of improved public service delivery. Groups such as Self-Help Groups (SHGs) and Community-Based Organizations (CBOs) actively assert their rights and entitlements, ensuring better access, equity, and efficiency in public services. 4.    Technological Advancements Technology has become a major game-changer in public service delivery. Digital innovations have transformed government operations, improved information dissemination, and streamlined service delivery processes. The adoption of e-governance, online service portals, and real-time monitoring systems has enhanced transparency and accountability, ensuring better access to public services while minimizing delays and corruption. By integrating these reform measures, India continues to work towards a more efficient, citizencentric, and transparent public service delivery system, ultimately fostering good governance and improved quality of life for all citizens. Self Check Exercises-1: 1.    What are the key components of public service delivery administration? 2.    How does public service delivery administration improve governance and public satisfaction? 14.4 RIGHT TO SERVICE ACT The public services law in India draws its inspiration from the United Kingdom’s Citizen’s Charter, which was introduced in 1991. Although not a strict legal document, the charter serves as a contractual agreement between citizens and public servants, ensuring the competent and timely delivery of public services. It aimed to incorporate consumer rights into the broader framework of citizens' rights, thereby equipping individuals with the means to seek redressal if services provided were inadequate or failed to meet expectations. The core principle of the charter was to establish accountability in public services—if people were paying for a service that did not meet the promised standards, they should have the right to either claim their money back or opt for a better service provider in the private sector. The Public Service Guarantee Act, commonly known as the Right to Public Services Act in several states, provides a legal framework that guarantees time-bound service delivery by the government. It also incorporates mechanisms for penalizing public servants who fail to provide designated services within the prescribed time limit. Introduction and Impact of the Right to Services Act The introduction of the Right to Services Act has empowered Indian citizens significantly. Before its enactment, government departments were often plagued by bureaucratic inefficiencies, corruption, delays, and a lack of transparency. Citizens frequently faced hurdles and exploitation by errant public officials who acted with impunity. In response to rising complaints and systemic inefficiencies, the Right to Public Services Legislation was introduced to establish a structured mechanism for ensuring accountability and efficient service delivery. The Right to Services Act is considered one of the most effective tools in curbing corruption, increasing transparency in public sector operations, and promoting accountability. Since it is a state-level legislation, each state has the discretion to adopt, modify, and implement the Act as per its requirements. Presently, twenty states have implemented the legislation, reinforcing citizens’ rights to quality, transparency, and timely public service delivery. States such as Maharashtra, Karnataka, Chhattisgarh, and Assam have successfully adopted the Act, ensuring standardized and enforceable grievance redressal mechanisms. Key Provisions of the Act The Right to Public Services Act, as enacted by various states, ensures that public services are granted as a right and must be provided within a fixed timeframe by the designated official. These public services are typically notified through gazette notifications and include the following: 1. 2. 3. 4. Issuance of caste, birth, marriage, and domicile certificates Provision of electricity connections Issuance of voter ID cards and ration cards Providing copies of land records If a designated officer fails to deliver a public service within the stipulated timeframe or wrongfully rejects an application, the aggrieved citizen has the right to appeal to the First Appellate Authority. Upon review, the First Appellate Authority can either approve or reject the appeal through a written order, instructing the concerned public servant to deliver the service as required. If the citizen is dissatisfied with the First Appellate Authority’s decision, they can escalate the matter to the Second Appellate Authority. This authority holds the power to: Accept or reject the appeal through a formal written order. 1.    Direct the public servant to provide the requested service to the applicant. 2.    Impose penalties on the erring official for failing to provide the service without valid justification. 3.    Recommend disciplinary action against the responsible public servant. 4.    Penalties and Accountability 5.    Penalties for non-compliance range from ₹500 to ₹5,000, depending on the severity of the lapse. 6.    A portion of this fine may be awarded as compensation to the aggrieved applicant. If a First or Second Appellate Authority fails to enforce service delivery or provide a substantial reason for their inaction, they too can be penalized under the Act. Implementation and Grievance Redressal Process The Public Service Guarantee Act establishes a structured procedure for service delivery: Application Submission: Citizens submit a formal request to the designated public officer for the required service. Acknowledgment Receipt: Upon submission, they receive an acknowledgment confirming receipt of their application. Service Delivery Timeline: The designated officer must provide the service within the prescribed time frame from the date of acknowledgment. Appeal Process: If the service is delayed or denied, the applicant can approach the First and Second Appellate Authorities for redressal. Accountability and Enforcement: The appellate authorities have the power to summon officials, demand relevant documents, and impose penalties for non-compliance. Penalties for Delay: Any further delay after the Appellate Authority’s intervention results in monetary fines against the responsible officer. This legal framework integrates existing governance initiatives, such as the Public Service Guarantee Act, Citizen’s Charter, Right to Information (RTI), and Corporate Social Responsibility (CSR), to strengthen transparency and efficiency in service delivery. Through these mechanisms, the Act ensures that citizens receive their rightful services within a stipulated timeframe, ultimately fostering good governance and public trust. Self Check Exercises-2: 1.    What is the Right to Service Act, and what are its main objectives? 2.    How does the Right to Service Act ensure timely and efficient delivery of public services? 14.5 Summary With approximately twenty states adopting the Right to Public Services Act, it reflects genuine efforts to combat corruption and enhance transparency in government departments, ensuring that citizens can access public services without unnecessary obstacles. However, a crucial question arises: To what extent has the implementation of the Act transformed the existing system? The answer lies in the variation observed across states. Each state’s Public Services Act differs in terms of the range of services covered and the penalty mechanisms imposed for service delivery failures. While all states have defined penalties for non-compliance, the specific amount of penalties varies from one state to another. The effectiveness of the Act ultimately depends on how well each state enforces it. A strong implementation can significantly contribute to reducing corruption and monitoring workflow across government departments. Among the states implementing the Act, Karnataka has been particularly commendable. Past data from a month-long pilot study revealed that one lakh applications were filed, out of which 87,000 applications were successfully processed and resolved. This demonstrates the potential impact of efficient implementation. However, the level of execution has not been uniform across all participating states—some have demonstrated effective enforcement, while others have struggled with poor implementation. At the central level, the Government of India proposed the Citizen’s Charter and Grievance Redressal Bill, 2011, also known as the Right of Citizens for Time-Bound Delivery of Goods and Services and Redressal of Their Grievances Bill, 2011. This proposed legislation follows a framework similar to that of the Right to Services Act but is intended to apply at the national level. If enacted, it would extend to central government departments, constitutional bodies, statutory authorities, Public-Private Partnerships (PPPs), and NGOs that receive significant funding from the central government. However, the Bill has yet to be passed by Parliament. 14.6Glossary •    Public Service Delivery System: A Public Service Delivery System refers to the framework and mechanisms through which government services are provided to the public. It encompasses the processes, institutions, and technologies involved in delivering services such as healthcare, education, social security, transportation, and utilities. •    Right to Service Act: The Right to Service Act is a legislative measure enacted by various states in India to ensure timely delivery of public services to citizens. The primary objective of this act is to reduce corruption and improve the efficiency and accountability of government officials and agencies. 14.7 Answer to Self Check Exercises Self-check Exercise-1 Refer to section 14.3 Self-check Exercise-2 Refer to section 14.4 14.8    References/Suggested Reading 1.    K.K. Puri, “Indian Administration.” 14.9    Terminal Questions 2.    Discuss the concept, origin and principle of citizen charter in India. 82