Question : What is judicial activism? How far has it been successful in exercising a check over administration?
(2005)
Answer : The necessity of judicial control over administration is no less important than legislative control over administration. The legislatures control over the policy and expenditure of the executive. The purpose of judicial control is to ensure the legality of administrative acts and thus protect the rights of citizens against any unlawful use of authority. Today judiciary has assumed the role of a guardian of citizen’s private rights. The increase in powers and discretion of public officials, the role of judiciary is also becoming more important every day.
To quote Ernest Freud, “ Increased Administrative powers call for increased safeguards against their abuse and as long as there is the possibility of official error, partiality or excess of zeal, the protection of private right is as important an object as the effectuation of some fundamental policies”.
The problem is how to project a common citizen against the abuse of administrative authority. Courts provide remedies when the normal process of administration do not evenly distribute means of production and economic power among the vast masses in society.
Under the conditions of handicrafts production such a distribution existed and most of the individuals if they would only exert themselves, could take care of and provide for themselves. Under these conditions common weal could be secured by the unregulated and free efforts of the individuals for there were no large-scale forces working to the contrary. Free individual initiative was, therefore, the chief desideratum in those days. As personal freedom and protection of private property were essential to the individuals initiative, the maintenance of these was the main object of law and the courts. Freedom of person, property, and contract were the three pillars of the common law.
Thus, the first and foremost characteristics of administrative law is that it subordinates the common law rights of personal freedom and private property to the conception of social or common good. To secure the latter, it does not hesitate to place necessary restrictions on the former. It emphasizes the social interest as against the individuals freedom. It places more stress on the individuals duties to the legal doctrine, and establishes a new one of its own based on the social needs of the modern industrial society.
Secondly, since the object of administrative law is not the enforcement of individual rights but of furthering policies of social improvement, e.g. better promotion of public health, housing, education, etc, it lays down certain flexible standards to be applied to cases instead fails.
The rights of citizens in a modern democratic state are to be protected against the abuse of authorities partiality, and official favouritism.
The doctrine of rule of law, one of the cornerstones of democracy, lays down the basis ofjudicial control over administrative acts.Prof. Dicey stated the doctrine “ No man is punishable or can be lawfully made to suffer in body or goods except for a direct breach of law established in the ordinary legal manner before the ordinary causes of law….. no man is above the law but everyman whatever be his rank or condition is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals”. Thus if a citizen feels that his rights have been usurped by misuse or wrong use of administrative authority, he can approach the courts of law for the redress of his grievance and protection of his rights.
Broadly speaking, there are two alternative systems of legal remedial against encroachment of civil liberty by government servants: (1) Rule of law system (2) Administrative law
The rule of law system prevails in England and the dominions of other commonwealth countries in USA and Belgium. The administrative law prevails chiefly in France.
Rule of law system: Since judiciary derives authority to control the administration from many sources, the judicial control is also exercised in many forms.
Besides the common laws, the constitution well as statutes also empowers judiciary to exercise control over the administration. The following method are used:
(i) Suit against the government: Article 300 of the Indian constitution clearly lays down that suits against the government of India can be brought in a court of law. In the same way the state government can also be used.
It means, that not only the state has authority to sue the private person, but the latter has also the right to sue the government.
(ii) Suit against public officials: The acts of officers which lead to liability are non feasance, consisting of failure, to act when there is a clear duty to act misfeasance embodying a careless and negligent action, but without malicious or evil intent, malfeasance, consisting of an unlawful action with willful intent to cause injury.
(iii) Judicial Review of Administrative Action and Decision: Both in India and U.S.A, courts are empowered to make scrutiny of administrative activities, and if some administrative decisions are unconstitutional, by judicial review they can be declared ultra vire. But courts can take this action only when aggrieved persons approach the court.
However it has been successful to most extent in exercising a check over administration.
Question : Civil Service neutrality is a thing of the past. Discuss.
(2004)
Answer : One of the important traditional virtues of civil services has been its neutrality. The traditional concept of neutrality, however, has been challenged on many grounds. In the first place the concept is based on a belief in “politics, administration dichotomy”. Now, the traditional idea of ministers or political executive framing policies and the civil servants or permanent executive just executing them is no longer valid. The role of the civil service has been changing from being a mere agent of the political executive to that of collaboration with it. Policy formulation, today, is an all-pervasive process and a cooperative endeavour.
Secondly, the concept is based on a confusion between party politics and policy politics. Party politics should be eschewed at all costs by the public officials, but not policy politics. One of the important duties of the modern public official is to win public approval of the government policies and secure their cooperation in their implementation.
Thirdly, the role of the civil servant has changed with a shift in the nature and purpose of the state from negative to positive. The state, today, is engaged in creating a welfare society, and in underdeveloped countries it implies planned effort. This effort to succeed calls for a new type of positive-minded, action oriented and humanely – inclined public official. Thus, now the traditional idea of ministers or political executive framing policies and the civil servants or permanent executive just executive them is no longer valid.
Question : The administrator needs autonomy and discretion in the same way as the political need control and intervention. Discuss.
(2004)
Answer : The administrators are needed to perform all the task and duties arising out of the obligations of the government in rendering service to its people. Some of these tasks are advising ministers on policy issues, supervising all aspects of administrative, technical, and scientific programmes, economic and financial activities, social welfare and services. They are also engaged with delegated legislation, administrative adjudication and public relations.
With the increase in the welfare function the purpose and scope of the administration have been completely reoriented. For this vast amount of work, to execute efficiently, administrators needs proper autonomy and discretion in similar way as the political need control and intervention.
The administrator is the real implementor of all sorts of policies at grass level. So without they being given proper autonomy and discretion, they can’t be expected to perform their work with as efficiency as they are supposed to perform.
The administrator has to perform many vital tasks, human element is the most crucial part of any system and it has to be adequately utilized.
It order to evolve an efficient public personnel system a much more closer interaction is called for between the public servants and the politicians so that administrators autonomy and discretion is raised to some decent level.
Question : Account for the increasing corruption in Administration. Suggest remedies to curb administrative corruption.
(2003)
Answer : Corruption is a universal phenomenon. No society is free from it. The problem of corruption is a complex one, having roots and ramifications in society as a whole; in its widest connotation, corruption includes improper or selfish exercise of power and influence attached to a public office or to the special position occupied in public life. In this sense the problem has to be viewed in relation to the entire system of moral values and socio-economic structure of society.
The government activities encourage corruption. There are large numbers of individuals who have to handle vast sums of money and quantity of material, which belong to the public in general. Unlike in developed countries, the problem of corruption is very acute in the developing nations. If we use the word corruption in a narrow sense, it is confined to pecuniary benefits or bribe. While in the wider sense it includes all forms of dishonest gains in cash, kind or by virtue of position, by public servant.
Corruption is not a problem of a specific period or of a specific country. It is a universal. There are widespread cases of corruption across the globe though in small or big form. In the developing countries of Asia and Africa, the root of corruption is the legacy of their past, colonial rule.
After Independence India adopted socialistic pattern of society as its goal and wanted to place the public sector on the commanding heights of the nation’s economy. This resulted in the placing of several types of restrictions on the private initiative and enterprises in the name of preventing monopolies, regulating capacities, protecting certain specified areas and activities. This ushered into an era of big government and license, permit, quota, inspector raj. This opened the floodgates of political and bureaucratic corruption. The process initiated for economic development created greater opportunities for corruption.
Unfortunately, corruption has found an acceptance in our social psyche and behaviour. If is often heard that in India saints and capitalists are worshipped. But our behaviour pattern shows the opposite. Evils like bribery, nepotism, and favoritism have come to accepted in society. Whether it is for job, admission of the child in the school, getting license or allotment of property etc. jumping the queue getting favours out of turn or just bribing for benefit, which is illegal is just done as a part of social ethos. In India one of the reason for the increasing corruptions the low salaries paid to the public servants. It is said that there has been a sharp decline in the real classes.
In our country like other Asian countries the administration moves very slowly. Administrative procedures and practices are cumbersome and dilatory. This is added by the negative attitude of the bureaucracy and red tapism. This results in delay in administrative actionwhether it is responding to the request of an ordinary citizen or work of a big project. Projects are rarely completed in time, resulting in cost over-runs. It is therefore understandable that the anxiety to avoid delay has encouraged the growth of dishonest practices like the system of speed-money.
A contributory factor to the growth of corruption is the clumsy handling of cases relating to corruption. Those in the hierarchy vested with the disciplinary powers shirk duty and show unwillingness to use these powers against a corrupt subordinate. This may be due to the fact that nobody want to take one’s neck out, to avoid trouble. The result is that either the corrupt is not caught, or if caught he is let off subsequently with or without minor penalties.
The inefficient, expensive and dilatory Indian judicial system has enhanced the corruption in administration. It takes years and years for the cases to be decided. As it is said justice delayed is justice denied.
Also, the Indian political system with close nexus to the bureaucracy, has let, corruption free floating in the Indian society. This is one of biggest reason of burgeoning corruption in India.
Politicians have been able to bend the bureaucracy to be an instrument for serving their personal and party interests by means of “carrot and stick” policy.
There are several types of pressure groups like chambers of commerce, trade association, unions, caste groups who are said to be breeding corruption through their activities of getting favours for their communities.
Thus, it is clear from above that in India and in other countries of developing world, the corruption is increasing with grater pace in each and every part of administration.
Remedies: To remove corruption from public services the following methods should be adopted:
Question : Examine the needs and facets of administrative reforms in the fast changing scenario of the 21st century. What are the obstacles to administrative reforms? Give suggestions to overcome them.
(2003)
Answer : The term “Administrative Reforms”,“Administrative Change” are used synonymously, although by strict definitions, reform would stand for eradication of abusesin the existing system; change would mean modifications to suit ideological or socio-economic environment; and reorganization would be re-constructing the existing system to suit current needs and new demands. When underdeveloped countries emerged to freedom in the fifties, those at the helm of authority wanted that administration which an instrument of maintenance of law and order should be transformed into an instrument of ‘development’ administrative reforms agencies were set up to bring about administration.
The present era witnesses the vast changes in the administrative Milieu especially the arrival of globalization, privatization. Also the method of administration is changing fast in the 21st century.
When science and technology are changing or advancing so fast, it is said that Administration tends to lag behind and on account of this, mankind is not able to reap the full benefits of the tremendous progress in science and Technology.
The ability of the modern technology to produce abundant public goods and services at reasonably affordable costs has far outstripped the capacity of administrative systems to deliver them efficiently, equitably and humanely. It is not for lack for knowledge that preventable disasters occur. On the other hand, it may be on account of the failure of the special systems and the failure of humans who compose the administrative systems. Mankind can reach great heights when knowledge, technology and administrative know-how combine. Within a country, the administrative state has helped to double the average expectancy of life, eradicate preventable disease, diminish hunger, sickness, ignorance and poverty and generally give hope to the underprivileged in society. There is misery and frustration when administration is filled with insensitive, uncaring and incompetent bureaucrats. After all, Administrative Reforms bridge the gap between the vision that could be reached and the reality of the state where we are.
The need for and action towards administration reform is guided by some change in the thinking of the people engaged in administration. It there is no change in the values of the politicians and the administrators, there is no motivation for administrative reform. There is change in values in the sense that the welfare of the underprivileged is paid more attention to. If there is a status quo tendency in the ruling political elite and the bureaucracy, then there could be no administrative reform.
Because the economic circumstances are changing very fast today, flexible and adjusting administrative machinery is called for. It can be ensured by only through administrative reforms. And administrative reforms, in turn depend upon the emergence of new values.
Administrative after all, are “artificial” as they would not take place naturally or on their own. They are induced, as a lot of persuasion is required. They do not happen but are caused. No organization can be realistically expected to reform itself without external impulses. Without such impulses, all recommendation and proposals tend to be watered down, modified and adapted till they cease to be meaningful.
Question : What are the various institutional devices available for the redressal of citizen’s grievances against the excesses and malfunctioning of administration? How successful have they been?
(2003)
Answer : The government has to play an important role in improving the socio-economic life of the citizens. This role is played by the public services and these services have expanded the bureaucracy, which has resulted in the multiplication of the administrative process whereby administrative power and discretion are vested at different levels of the executive. The misuse of this power and discretion provides opportunities of mal-administration and corruption. In such a grievances arise.
To redress the grievances of citizens is not an easy task. These can be redressed at judicial, legislative and administrative levels. The Indian constitution has for an independent judiciary to protest the citizen against arbitrary acts of the state.
Administrative accountability to parliament brings in the fold of administrative responses to the demands and grievances of citizens and vindicate the right approach of the administration, as the case may be. It has played a vital role in securing redress of public grievances, whether contained in petitions presented to the house or in the representations relating to purely personal or individual cases. But the scope of its functions is circumscribed by the rules of procedure and direction issued by the speaker there under.
Separate complaint cells have been created in various government organizations for speedy disposal of public complaints. These cells are headed by specially designated officers. Grievance committee and vigilance commissions comprising higher officials have been constituted in many states.
Also, there are agencies known as administrative tribunals which are quasi-judicial bodies set up under specific enactments to tackle the problems pertaining to certain kinds of citizen’s grievances.
The tribunals, while dealing with specific grievances are not bound by adherence to rigid judicial procedures. Since independence, the number of administrative tribunals in India has increased considerably with the widening of the scope of administration as a result of the expanding programmes of new social security and other public services, in every country today administrators are exercising vast prerogatives and discretionary powers delegated to them by the legislative authorities and executive orders. Although, judicial control was considered sufficient to prevent flagrant violations of such powers, it could not in many cases afford the citizen adequate protection against the misuse of powers by the administration. As an agency for the redressal of citizen’s grievances, the Scandinavian office of ombudsman has in recent years attracted wide attention in many democratic countries. In Sweden and Finland, the countries of its origin, such an institution has been most successful not only as a device for controlling the ever-growing powers of bureaucracy, but also an effective agency for redressal of citizen’s grievances, and for taking necessary corrective measures against cases of mal administration or willful neglect on the part of the administrators. Their success prompted Denmark and Norway to adopt it in 1955 and 1962 respectively, New Zealand in 1962, and the United Kingdom in 1967. Recently several other countries in western hemisphere and the African continent have adopted this institution in one varied form or other.
An important feature of the ombudsman system is the simple and cheap way in which complaints are handled. Because of this many complaints can be satisfied. Though important to the complaint, they would not be worth the cost of an elaborate court procedure. An unusual feature of the office, resulting from Sweden’s famous principle of public access to administrative documents, is that the ombudsman’s working files are open to the press.
But truth remains always truth. Nowhere in other countries, the ombudsman plan has been as successful as in Sweden. Such is the faith of the people in the functionary that they have even gone to the extent of appointing an ombudsman for safeguarding the consumer’s interest the world’s first consumer ombudsman was appointed. The Finnish parliamentary commissioner possesses many similar features with that of his Swedish counterpart. The same is the case with Denmark and Norway.
Question : “Public corporations are not an end in themselves but an extension of the government activities designed to promote public welfare”. Substantiate.
(2002)
Answer : After independence, the government had to tackle the urgent as difficult problem of securing growth at a faster rate. Keeping in view the varied problems faced by India on its economic, social fronts, it became imperative to introduce public sector which was to help in building a sound agricultural and industrial base, overcoming the economic and social backwardness.
Since independence, the range of activities and products of public sector have expanded tremendously. It includes making of steel, mining of coal, ferrous and non-ferrous minerals, extraction and refining of crude oil, manufacturing of tools, machines, textiles, newsprint and service activities. These activities dominate the national economy in several sectors especially in the production of basic metal industries, fertilizer and fuel.
Moreover, there still exist considerable inequalities of income, low level of employment opportunities, serious regional imbalances in economic development and inadequate trained manpower. Given the types and ranges of problem faced by the economy, social and strategic fronts, it became a pragmatic compulsion to expand the role of public sector as an instrument of self-reliant economic growth so as to develop a sound agriculture and industrial base, diversify public economy and overcome the socio-economic backwardness.
Thus the need for public corporation arises to create employment opportunities; to promote redistribution of income and wealth; to assist in the development of small scale and ancillary industries etc.
The public sector is becoming a model employer and most of the enterprises have recognized their social responsibility in providing housing, educational, medical recreational facilities to the employees, especially in cases where the projects are located in towns and villages, which are inaccessible.
Thus, since independence, there has been a tremendous expansion of public enterprises in terms of its activities and products, number of units, investment and the turnover. Over all these years it has played an important role in bringing about socio-economic development and helping in assisting the small scale and ancillary industries. It has also been generating resources for the public exchequer. In near future, public enterprises will be required to take up additional responsibility in bringing about economic development.
Question : In what respects, the powers of proposed institution of Lokpal in the Bill already introduced in Indian Parliament, will strengthen the institution as compared to Parliamentary Commissioner of U.K.
(2001)
Answer : With the initiation of welfare activities, the role of the state public affairs has been increasing. Now its scope has been intended to cover all the dimensions of human activity. With the increasing dependence of the citizens on the administrative machinery of the state, the hardship and grievances of the citizen have been increasing. Administrative inefficiency and corruption in public life have increased enormously. The traditional complaint handling arrangements were either not available or inadequate, too formal, too costly and time-consuming. It was felt necessary that there should be machinery which will be less costly, less formal and quicker. Such an institution is Ombudsman, constituted in Sweden in 1809.
The key criteria for an Ombudsman, as identified by the UK Ombudsman conference of 1991 are; independence from those investigated effectiveness, fairness, accessibility, public accountability, right to complain to be free of change and reasonable expectation that his decision would be complied with.
United Kingdom adopted the Ombudsman like institution in the form of Parliamentary Commissioner for Administration in 1967. This office was created on the recommendation of the Sir John Whyatt Committee Report published in 1961. His status is equivalent to the Comptroller and Auditor-General of the UK. He is appointed by the crown and holds office till the age of 65 years. He can also be removed from office by an address of the Parliament for incapacity.
His function is to investigate the complaints of citizens against maladministration by government departments. He is left free to define the term maladministration. A salient feature of this office in UK is that aggrieved citizen cannot approach him directly but only through the Member of Parliament who shall refer to the commission. This process is known as ‘MP Filter’. The Commissioner reports the findings to the Parliament as well as to the MP who had taken up the complaint.
The following restrictions are compared between Commissioner’s jurisdiction and authority:
The Ombudsman system is not a substitute for the conventional methods of grievance - redressal, administrative reform or containing corruption. It is infact a device complementary to these mechanisms.
The mind has been blowing in favour of such an institution in India. The Administrative Reforms Commission set up in 1966 was asked, inter alia, to examine the problems of redressal of citizens’ grievances. Specifically, it was asked to examine.
The Commission gave top priority to this problem and submitted in October 1966, an interim report recommending a two-tier machinery of Lokpal and Lokayukta, the former to deal with complaints against Ministers and Secretaries to the Government at the centre as well as in the states and the latter (one at the centre and one in each state) to deal with complaints against other officials.
The Lokpal and Lokayukta Bill were introduced in Lok Sabha in May 1968, then in April 1971 and again in 1977 but without any result. The Bill was introduced in August 1985, then in November 1990 and again in 1996, also without any result.
All the Bill was introduced in the Indian Parliament regarding the appointment of Lokpal were not similar. While in 1968, the Joint Parliamentary Committee favoured the exclusion of the Prime Minister from the jurisdiction of the Lokpal. The 1977 Bill included “administrative maladministration” from the scope of the Lokpal, but widened the concept of corruption to include ‘misconduct’. The 1985 Bill restricted the scope of inquiry only to offences coming under Indian Penal Code of the Prevention of Corruption Act and what is all the more notable, it included the Prime Minister, the Governor, the Chief Minister and even the Chief of Public Sector Corporations from its purview. Later on these officials were included.
Some of the main features of the Lokpal were as follows:
Some of the matters excluded from the jurisdiction of the Lokpal are foreign affairs, issuance of passports, national defence and service conditions of public servants.
The Lokpal has been empowered to inquire into complaints that a ‘public functionary’ has committed an offence punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act of 1947. He is appointed by the President after consultations with the Chief Justice of India, the chairman of the council of states and Speaker of the Lok Sabha. His terms and conditions of office and the method of removal are alike to those of the Comptroller and Auditor-General of India. He is appointed for a term of five years. He can be removed from office only for proved incompetence or misbehaviour. Safeguards have made to protect the Lokpal from being adversely affected by any action of the Government in Passes. He will also not be eligible for any post under the Government after his retirement.
The complainant has to make a written complaint which has to be treated as confidential. Lokpal, which has all the powers of a Civil Court, will investigate the complaint. The complaint should be made within five years of its happening. The Lokpal will recommend to the public servant and the competent authority concerned that the injustice should be remedied in such a manner within the time as may be specified. If he is not satisfied with the action, he may make a special report to the president.
The proposed Lokpal will definitely strengthen the Ombudsman institutions as compared to Parliamentary Commissions. First, the aggrieved person can have access to Lokpal directly. In UK, there is ‘MP Filter’ which would definitely restrict reference to Parliamentary Commissions. The status of both the officer are more or less same, but Lokpal has to be of Supreme Court Judge status. The Parliamentary Commission has no scope in probing discretionary administrative decisions. Lokpal can investigate misconduct. Lokpal is a collective body. Lokpal has jurisdiction on Prime Minister and Chief Minister and the scope is larger. The Minister and the Secretary are involved in policy formulation and misuse or abuse of powers resulting in injustice came under the purview of Lokpal.
Question : What opportunities are available to All India Services and State Services in career development”. Do you agree that days of generalists in modern administrative state are numbered?
(2000)
Answer : The opportunities available to All India services and State Services in career development is very wide in their career development.
The personnel of All India and State Services are head of many administrative departments. In developing countries like ours it is these service members who formulate broad policies and programmes at the national and state level, because our political heads are not so educated or possess that skills which is required to take such decisions at broader level.
Now, members of all India and state services have various experiences of field works and they are actually come in direct contact with people in rural areas. They are well aware of various problems of different sections of society and problems of rural or semi urban areas.
Because they are aware of various problems and kind of exposure they get dummy fieldwork of their service. They present data and actual picture of problems and various resources available. Now taking into consideration the whole aspects these members very greatly involved in decision making of various policies and programmes.
These members by virtue of their higher position in various ministries and departments have greater exposure and possess great power. They influence the thought of political executive.
The members of all India services and state services are involved in all sorts of work whether it is national planning, or state planning, district planning, Metropolitan planning etc. whether it is agriculture policy, finance policy and personnel policy. They influence and have their say in the final decision making of the country. So these members have wide scope and great career development opportunity.
One of the issue areas in Indian Administration is generalist and specialist conflict. Specialists always complain that generalists are not aware of technical aspect of specialist departments, so their interference should be contained and specialist should be head of technical department. With these issue government of India have responded in positive way and there is gradual progress in these field. Generalists are no more head of so called specialist departments, like earlier it was member of I.A.S who headed various specialist departments are cooperative departments, labour departments, public health departments. Now this practice has been relaxed to greater extent. All the above mentioned and various other specialist departments have their own specialist officers.
Now, the primary and foremost work of generalists in modern administrative is that of coordinator, facilitator and supervisory. Generalist officers have to coordinate the activities of various departments of district or state level so that pre-determined goals of modern administrative state can be achieved with great ease.
Question : “The Generalist will always have an edge over the specialist.” Substantiate the view.
(1999)
Answer : The generalists and specialists are two broad functional categories in the government. They play a very important role in rendering advice to the political executives, policy making and in implementation of policies. The controversy between these two groups of functionaries is however an age old, and still one of the fiercely fought-out issues of public administration. Generalists are concerned with all types of administrative process indicated by the word POSDCORB i.e. planning, organizing, staffing, directing, coordinating, reporting and budgeting.
The ancestry of the generalist dominating the administrative machinery at the top can be traced back to the administrative philosophy of England in 19th century where generalism was made an absolute principle of administration. If it is assumed that generalists are equipped with a vibrant mind and a perceptive understanding of the entire field of administration, it is but natural that they would be given the role of overseeing the top rung of the administrative management. Thus, generalists have a supreme role in the formulation of policy i.e. in assisting the political executives to evolve it – with all the requisite data and advice as to the strong and weak points of a projected policy. It is the generalists, who functioning generally, as secretary of the department, does the coordinating job and takes the necessary measures, even in specialized matters, before they are put up to the ministers who often are not specialists in those fields. The role of generalists in such cases is one of the conveyor belt which funnels right kind of data and advice in such a manner that it can be used by top policy makers for action. The ‘balancing’ role i.e. performing reconciliatory function between conflicting viewpoints is also played by the generalists.
The generalists also play a dominating role in problem-solving spheres. Since most of the important techno-professional work in the governmental organization has become inter-disciplinary, one arbiter in the form of a generalist administrator is needed to articulate a rational, cost effective, most beneficial alternative solution. Moreover, in the implementation of decisions, apart from policy formulation, the generalists’ role is well accepted and recognized. Further, generalist has to function as a synthesizer, integrator, and coordinator of knowledge as well as of action. He/she is a person who is supposed to be competent enough to handle any situation or job pertaining to law and order, emergency, public relations, planning, social change etc. The field experience of the generalist has is assumed to generate in him/her certain qualities like prompt and sound decision making, tact, imagination, objectivity, organizational leadership etc.
Thus, from above discussion it can comfortably be said that the kind of work experience, the generalist possesses puts them above the specialist.
Question : “The basic question in the relationship between political and permanent executives is the separation of facts and values at the operational level.” Comment.
(1999)
Answer : Political and permanent executive play different set of roles which though theoretically neatly separated, yet in practice, are quite often conflicting and overlapping.
The real distinction between politicians and bureaucrats is that whereas particular board based interest of unorganized clientele, bureaucrats articulate narrow based interest of organized clientele. Politicians are passionate, partisan and idealistic; bureaucrats by contrast are prudent, centrist and pragmatic. Politician is temporary while civil servants are permanent executive. Politician is amateur whereas civil servants are professional. Political executive formulate policy while bureaucracy implements the policy.
However, this line of demarcation between political executive and civil servant gets blurred in actual practice which results into conflict between the two. Political executive because of his representative status feel that they know what is best for the people. They accuse the civil servants for their rigid rule boundedness and no consideration for human aspect. On the contrary, civil servants complaint those ministers want to do contrary to rules and regulations but do not own responsibility. Thus, relationship between political and permanent executive is the separation of facts and values at the operational level.
Question : “The process of change may create crises in the system.” [Lucian Pye].
(1999)
Answer : The process of change may not always prove to be beneficial. It may go to negative and create crises in the system.
Neither economic growth nor institutional modernizations are unilinear or historically inevitable. Economies may stagnate, institutions may decline in effectiveness and societies may fail to deal with their central needs. The benefits of rapid economic growth, especially, derived from mainline urban-industrial investment model, have been skewed towards a relatively small minority in the modern sector, leaving rapidly increasing majorities especially in rural areas as impoverished insecure and powerless as they were three decades ago.
Many of the third world countries have taken on vast new function in economic management and the provision of public services. The size of their bureaucracies has expanded and so have their budgets, but may have proved to be incompetent or repressive and sometime both.
Thus, it is a fact that the process of change may create crises in the system.
Question : “Voluntarism is not anti-thesis of statecentricism.” Comment.
(1999)
Answer : The concept of civil society (Burgerhehe Gesellschaft) was first used by George W. F. Hegel (1770-1831) in his Philosophy of Right published in 1821. According to him, civil society refers to organized bodies that are intermediate to state and family. He also described it as the state in the dialectical development from the family to the state. He made a distinction between the state and civil society. Civil society is separate from the state which as we know, has its own organs of governance. The state is equipped with military, police, legal and administrative organs. The civil society is different and comprises non-state institutions which are market regulated and voluntarily organized. A civil society is autonomous although clearly subject to the state and its governmental authority.
The state is a political community comprising pursuing national goals through a central government. The civil society is an aspect of the modern state. A civil society is an area in which an individual legitimacy gratifies his self-interest develops his individuality, learns the value of group actions, social solidarity and dependence of his welfare on others. It also educates for citizenship and prepare for participation in the political arena of the state.
Hegel says that dominant characteristics of a civil society are particularly and subjectivity that is self-interest and personal choice.In a civil society, men interact with the minimum of ethical or legal constraints. It implies the existence of various civil and economic rights to promote group interests; it articulates structure which provides duties also.
Question : “Public Interest Litigation is an effective innovation in realizing social justice.”
(1999)
Answer : Public Interest Litigation is a recent development in the field of realizing social justice. This is guarded or manoeuvered by judiciary. Today in the fast changing world public interest litigation popularly known as PIL has come to stay and is being proved to be quite useful in countering ills against public interest.
Actually public interest litigation is a new tool which any layman or public can used if he or she thinks that something is going to be wrong against General Public. In that case he or she can file an public interest litigation in the court through a simple procedure. Then bench of judges has to look into the matter which is related to social justice.
Thus in this process or way, the common will of the public remains intact. Public interest litigation is a tool which acts as a bulwark against some powerful interest group or narrow minded self centered groups.
Thus, today judiciary in many forms has assumed the role of a guardian of citizen’s right. But however one thing should be kept in mind that public interest litigation should not used rhetorically.
Question : What do you understand by the term under administration? What are the issues involved in it?
(1999)
Answer : ‘Under-Administration’ is the term which shows a level of administration of a nation which is not fully administered properly. If any state or political unit which has not a well developed system of public administration, law is not going to be fully implemented, unit of administration is not fully controlled by state machinery, developmental programme, citizen relations, masses, affairs are not fully managed. If these situation prevailed in any country, or a nation then it shows the stage of under administration.
Following are the major issues involving in it:
So, “sometime under administration may be the product of under development of state.” Education and illiteracy are other issues for under management of the people of the country. Corruption and political pressure are other important issue in “under administration” of a country, because illiteracy became the obstacle of the well growth of ‘Public’ relations to the administration.
Competition, on the other hand, also produces a resistance to the well administrative set up and passes through the under administration.
Question : “How for is it true to state that for a developing democracy the concept of civil service neutrality is outdated, instead there is a need for a civil service with profession competence and commitment?
(1997)
Answer : The British concept of neutrality was implanted in some other countries which had imperial links with it like Australia, Canada, and India etc.
It developing countries one of the purposes of creating a neutral civil servant was to isolate him from the political currents prevalent in the country. This concept of neutrality worked till the Second World War. Since then it has began to be challenged. Even the British have become sceptical about the continued validity of the neutral caner service in its ability to implement the objectives of a welfare state. By extending substantial political rights to eighty-four percent of their public servants, they have impliedly admitted that it is not possible in the present day circumstances to keep them fully politically neutral or isolated. There is now overwhelming evidence, empirical as well as scholarly, in support of the view that bureaucracy cannot act as neutral instrument in the conduct of public affairs. Bureaucracy is no longer regarded as value-free but a value-laden instrument of political power.
Further, other several reasons are advanced for the refutation of the idea of neutral bureaucracy.
The processes of policy decision-making are no longer confined to the political executives: They percolate over the entire fabric of government resulting in inescapable items of delegation and zones of such policy, where the political executive does not come into the picture at all and yet the decisions reflect the ethos of the party in power. The leadership role of public bureaucracy is explicit in all political systems, but it is more pronounced in the conditions of developing countries. Where the state takes up large-sale welfare programme, neutrality is neither possible nor desirable. Further, it develops its own identity, its own group and interests and it develops its organizational objective towards self-protection. Individual members of the bureaucracy tend to identity themselves with particular interests or groups and such identity is reflected in the way they conduct government business and influence public policies or programme implementation. In the present age bureaucrat cannot be personally neutral, it is not a virtue but it is tentamount to civil immaturity.
It is asserted that under the garb of neutrality bureaucracy is attempting to establish its autonomy.
Question : “Theoretically the Board administration violates the distinction between government and politics because through it politics is injected in the administration”.
(1997)
Answer : The administrative head of the department occupies the pivotal position. If the administrative within a department is vested in a single individual, it is called a ‘bureau’ system. If the administrative authority within a department is vested in a plural body, it is called a ‘Board or Commission’ system. Usually where the administrative activity requires unity of command, thickness in decision and promptness in performance, the Bureau system would be preferable. Where the duties to be performed involved the exercise of discretion on an important scale in the formulation and adoption of policies, where consultations with a number of socialists are necessary for decision-making, Boards or Commission are advantageous.
Traditionally, politics and administration are considered as two distinct functions of a government. According to Goodnow, “Politics has to do with policies or expressions of the state will while administration has to do with the execution of the policies.” In the Board administration the duties performed involve not only the exercise of discretion on an important scale but also in the formulation and adoption of policies and this violated the distinction between the government and politics.
Question : “Administrative Reforms are induced changes in the machinery of government undertaken in order to bridge the gap between reality and desirability”. Comment.
(1997)
Answer : Administrative Reform is an artificial inducement of administrative transformation against resistance. It is an effort to apply new ideas or combinations of ideas to an administrative system with conscious view to improving the system for positive goals of national development. It is concerned with effectiveness and efficiency of an administration. Reforms stands for eradication of abuses in the existing system, change for modification to suit ideological or socio-economic environment and organization would be re-construction the existing system to suit current needs and new demands.
Administrative Reform are artificial as they would not take place naturally or on their own. They are induced as a lot of persuasion is required. They do not happen but are caused. No organization can be realistically expected to reform itself without external impulses. Without such impulses, all recommendation and proposal tend to be watered down, modified and adapted till they cease to be meaningful. When science and technology are advancing so fast, it is said that administration tends to lag behind and on account of this mankind is not able to reap the full benefits of the tremendous progress in science and technology. Mankind can reach great heights when knowledge, technology and administrative know how come together.
There is misery and frustation when administration is filled with insensitive, uncaring and incompetent bureaucrats. Administrative reforms, bridge the gap between the vision that could be reached and the reality of the state where we are.
Question : “Public Agencies have used a number of sources and procedures for measuring performance”. Comment.
(1996)
Answer : All Public Agencies prepare their evaluation reports which provide an opportunity to appraise their performances. The Budget Division of the Finance Ministry has the power to overview the working of the plans and programmes of all ministries. Every department while sending its own demand for grants evaluates its annual plans, programmes and performance. The O & M Division in ministries often indirectly perform the task of policy evaluation. The evaluation of public policy is an attempt to assess the content and effects of policy on those for whom it is intended.
Two approaches in policy evaluation are the behavioural approach and the systems approach. Systems approach, inspired by systems analysis is similar to other approaches such as, operations research, cybernetics and PPBS. Important techniques used for measurement are: (a) the economic model (b) cost-effectiveness (c) cost-benefit analysis (d) model-building and (e) Delphi Technique.
In public sector, measuring results is always a problem, more so in the absence of any ready means of judging the performance. For example, although the short-term goal of education is to improve reading, writing and computation in the long run, the goal of education is to improve the quality of life for those who receive it. This seems to be an elusive quality to measure when evaluation must be made quickly. Criteria normally used for measurement of performance are units of service, unit cost net benefits, cost-benefit ratio, effectiveness, welfare, consistency with citizen surveys, efficiency, equity etc.
Question : “It is said that the generalist rationale was past of a revealed truth. All of us should have known better, for in a world of increasing scientific and technical complexity, it has compelling inadequacies.” Discuss.
(1996)
Answer : The generalists and specialists are two broad functional categories in the government. They play a important role in rendering advice to the political executives, policy making and in implementation of policies. The present day administration has become more specialized in nature and hence requires different types of personnel with necessary skills, knowledge and qualities to discharge its functions.
In a purely negative sense, a generalist is a person who is not an expert or a specialist. But in a positive sense, the notion of a generalist is applicable to a person who is called a professional administrator.
There is yet another school of thought which considers a person as a generalist who is known by the proportion of administrative work actually performed compared with his/her specialist duties.
The ancestry of the generalist dominating the administrative machinery at the top slot of administration can be traced to the administrative philosophy of England in the 19th century where generalism was made an absolute principle of administration. The authorities that helped in the buildup of a generalist image by lending their solid support towards the recognition of generalist supremacy were the Northcote Treveleyan Report on the organization of the permanent civil service (1854) and the Macauly Report on the ICS 1854. In India also, as in England, this administrative arrangement came as the logical extension of the same philosophy. But, in today’s era of globalisation, privatization and liberalisation, the role of generalists seems to be diminishing as compared to its past. At present we are witnessing a world of increasing scientific and technical complexity, which requires certain specific qualities on the part of administrator. This shows some compelling inadequacies on the part of generalists.
Both generalists and specialists at present have separate hierarchies rather than parallel hierarchies. In separate hierarchies, policies are solely determined by the generalists and function of the specialists is to execute it. The organization of generalists and specialists in separate hierarchies, with the policy and financial aspects of the work reserved exclusively for generalist administrators has certain disadvantages such as slowing the process of decision.
Question : Whatever its purpose, it is true that reform always takes place against ‘resistance’ and that failure to recognize the various source of opposition, and to plan and to neutralize them, is a major reason for the widespread failure of reform efforts.” Examine.
(1996)
Answer : Administrative Reform can be defined as artificial inducement of administrative transformation against resistance. It implies that the administrative reform is artificially stimulated, it is a transformatory process, and there is lastly, the existence of resistance to change process.
Obviously reforms do not take place by themselves. They are premeditated, well studied and planned programmes with definite objectives in view. Reform is an induced and manipulated change, for it involves persuasion, collaboration and generation of conviction in the ‘betterness’ of the new from the old. Unless the change-agent can show that tomorrow would be better than today, it will be dubbed as a ‘muddler’ and degraded as interferer not a ‘reformer’. Since change generates some amount of uncertainly, insecurity and a whole complex of anxiety in individuals, groups or even community, most people are, by nature, in favour of ‘status-quoism’ and resist attempts at transformation. Even so, the time does not stop; nothing is static; nothing stays the same for long; and along with ‘universality’ of movement, however it may be, society, groups, men and all more too. Even if further innovation is resisted, reform will continue as a progressive force, urging action.
Reform is more than a series of incremental changes or marginal adjustments, though it may result from the cumulation of small changes, which periodically creates requirement for comprehensive and systematic efforts. Administrative Reform is a creative destruction; it means that an old order is broken down to pave the way for a new order. It refers to the formal, mechanistic and pre-thought process of structured change.
The distinguishing characteristic of modernized social system is its ability to deal with continuous systematic transformation. Administrative reform is but a part of the universality of this change, for administration is nothing but a sub-culture, a social sub-system reflecting the values of the wider society. Therefore society has to change in order to free itself from the markets shackles of traditionalism, change relationships with environment, adopt fresh innovative culture, adopt new knowledge and technology and crave for a new order through elimination of old ills and evaluation of comparative system-values.
While attempting reform, failure to recognize the various sources of opposition, and to plan and to neutralize them is a major reason for the widespread failure of reform efforts.
Administration must also correspondingly change to be in step with the ‘outer’ modernization process.Or else, a serious disequilibrium would set in, resulting in an agonizing imbalance, dysfunctional maladjustments and eventual goal displacement. The tension this of affairs generates and constitutes the central aspect of reform movement. Administrative reform, from this angle, is a dependent variable. Indeed, successful reforms need to be preceded, or at least accompanied by necessary variations in social values that would make reform-assimilation possible.
The administrative reform thus cannot, and does not exist in vacuum, immunized or isolated from other socio-political influences. Administrative reform is interlinked with socio-political component of the society and administration.
Added to this, the spectacular advances in science and technology, state’s pervasive role in managing national assets and resources, controlling the entire economy through ‘regulation and development’ and ensuring a just equitable economic order, correcting imbalances through newer forms of institution making, and ushering in an egalitarian social system. And all these throw up not merely a massive explosion of new tasks of unprecedented magnitude and dimension, they equally invariably require, just to be equal to their complexity and scale, fundamental and foundational improvement in administrative capabilities.
Question : Define Civil Society. It is an effective organ to control administrative machinery? Comment.
(2007)
Answer : The Civil Society refers to organized public within broad guidelines given by State. This is essentially a voluntary organization which works as a bridge between citizens and state. The civil society organizes itself on different criteria like economic, religious, professional etc.
Question : “Social (Welfare) Administration in India is witnessing specialization and faster expansion of its administrative agencies.” Evaluate.
(2007)
Answer : The Welfare Administration mainly aims towards the empowerment of weaker sections of the society by administrative agencies taking the charge. It puts people in the centre of all developmental activities.
The new paradigms of Public Administration viz. new public management, good governance, the LPG regime,.the developments in information-technology etc. are certain factors which have caused a spirit in specialisation and expansion of administrative agencies.
The enactment of laws and acts like the Panchayati Raj Institutions Act, the Right to Information Act and the e-governance are certain acts which are the direct results of welfare administration.
But political and bureaucratic apathy, the parochialism in politics, the unawareness on the part of public are certain factors which cause constraints in the functioning of Welfare Administration. The sooner we get rid of them, the better.
Question : Critically analyse the functions and role of Ministry of Social Justice and Empowerment with regard to development of disabled persons in India in not more than 200 words.
(2006)
Answer : The Ministry of Social Justice and Empowerment is an apex level institution for all round development of disabled persons in the country. But it’s functioning has generated some criticism also.
There is estimated 2.19 crore disabled persons in India under various categories:
But the Ministry’s all efforts have been failed to garner desired results:
Still, the M/O SJE is doing a commendable job and it must be encouraged for the better results.
Question : “Lok-Ayuktas are judicial institutions without adequate teeth”. Comment.
(2006)
Answer : The role of Lokayukta is to facilitate redressal of public grievances. At the state level, many states have established the institution of Lokayukta. As Donalt Rowat puts it “India has the most populous ombudsman jurisdiction”. Its function is to investigate any action taken by a public servant. But it has an inherent flaw that its role is just advisory and not binding due to which it is sometimes said that Lok-Ayukta are judicial institutions without adequate teeth.
It has an advisory role. It does not decide upon the values or ethical aspects of any administrative aspect. However they have the powers of a civil court and the government is normally obliged to take action on its recommendations but these are not binding.
There has been lack of public awareness about the role of this institution. That’s why this institution is not much popular and people feel it is inaccessible due to this reason. The Lokayukta’s institution is established at the state level which needs decentralization. This is also something that makes it unpopular because it is not popular at grass root level. Being unpopular means lack of adequate influence and hence power.
Some states have passed Lokayukta Acts but their actual working has shown that some serious hurdles are coming in their efficient working. Magnitude of the problem is so serious and number of complaints so many that Lokaukta has failed to dispose of these and those are now in arrears and situation of ‘justice delayed is justice denied’ has already arisen. Another problem is that he does not have any independent agency to enquire into the complaints.
He has to depend on government investigating agencies. Lokayukta has to deal with politicians who have wide power and influence, which always comes in the way of independent investigation.
Lokayukta is also faced with jurisdictional problem. Many states have kept ex-ministers and ex-public officials out of his purview. This has cut Lokayukta’s power. In some state it is provided that the identity of the defaulting officials is not to be disclosed to public after investigation.
This indirectly encourages the corruption and hinders Lokayukta from doing his work. Then another problem is that vast majority of Indian population is illiterate and is not aware of very existence of Lokayukta. Those who are to provide documents and clues or make representations or appear as witness before Lokayukta are harassed by those against-whom Lokayukta is to investigate. All sorts of pressures are put on them so that complaint is weakened.
In actual practice it has also been found that persons of required ability, honestly and integrity for holding positions of Lokayukta are not easily available. Even if they are identified and agree to hold position, they are not allowed to function impartially.
All these problems hinders the working of Lokayukta’s institution and he never is able to function properly, that’s why it is said that the Lokayukta has
not been provided with adequate power or teeth to function.
Question : “The generalist character of I. A. S is its chief characteristic as well as its chief criticism”. Comment.
(2006)
Answer : The issue of generalist verses specialist is a burning issue in Indian administration. With the advancement in technology and increasing complexity the specialists are needed to cater all the new emerging problems. But in Indian condition where a generalist IAS officer has till now fulfilled his duty perfectly and impartially it is said that generalist administrator is much better suited.
The strongest support for a generalist comes from another generalist i.e. political executive. It is believed that politicians are comfortable and understand the advice better which is given by a generalist. Also the generalist administrators because of their long experience in different departments and fields are in better position to give rational advice to their ministers.
Also his appreciation of the role of pressure groups political parties and press makes him an advisor possessing the much valued practical wisdom.
It is believed the having no vested interest in any particular branch of specialization, a generalist administrator can be more objective and impartial.He can see things comprehensively and give a holistic view to the politicians.
But still the generalist character seems to be obsolete now a days, because this is an era of specialization, the technology changes every 2nd day. The administration has also changed substantially. Now virtually in every field whether economic or social specialists are needed. The complexity is increasing so much so that the generalist I. A. S cannot give rational advices. This is the reason that more and more specialists are getting entry in to the administrative set up.
The issue can be solved by a harmonious blend of the two services. The I.A. S due to his better overall perspective can be head but the substantive work must be diverted to specialist.
Question : “By taking some offices out of the jurisdiction of the Office of Profit Act, the Government of India has doubly assured the public mind of its duplicity”.
(2006)
Answer : The union government passed Office of Profit Act 2006, which clarifies the provisions of disqualification of members of parliament on the basis of holding any ‘office of profit’ while remaining on the post of Member of Parliament. For this the government have been accused of saving some of its party members from disqualification.
The reason for that is that many of MPs belonging to the ruling party were holding offices of profit which is against the provision given in Article 102 of constitution. Due to which they were under fire from the opposition. The office of profit act seems to be a step to save those MPs.
This move was not taken by the government in the right spirit and the opposition as well as the public opinion accused the government of duplicity. It was said that at one hand the government promises to give a transparent, corruption free and accountable administration and on the other hand it is using immoral means to help its MPs regain their seats.
The main reason of discontent between the opposition and the public was that this move was clearly showing that the government was using its authority and power in a wrong way and it was a clear example of ‘might is right’ in democracy. Thus there was clear distinction between what the government says and what the government does.
Question : Critically evaluate the policies of the union government with regard to the welfare of women and children of India in not more than 200 words.
(2006)
Answer : There have been a number of very ambitious programmes launched by government at both the central and state levels to ameliorate the conditions of the weaker sections. But there have been a number of major inadequacies in their administration. It is imperative that these inadequacies are done away with at the earliest and the fruit of the welfare programmes reach to the women and children fully.
There have been inadequacies in funds. This has a very restricting impact on the efficacy of the welfare programmes. Proper and adequate amounts of funds should be make available to the officials in order that the weaker sections of women and children stand to benefit by these programmes.Also there is a big complaint of red tapism in official hierarchy. This results in a lot of wastage of time.
This should be countered. The elements of delay should be removed from these programmes. The various levels of official hierarchy should expedite the whole process so that the target groups are able to avail themselves of the welfare programmes of the government.
There is the problem of corruption too in the administration of welfare programmes. This results in lot of siphoning off of amounts of money which is meant for the weaker sections.
It is imperative that it is checked as soon as possible, so that the full benefits of welfare programmes trickle down to the weaker sections.
Vast sums of money finds their way into the pockets of unscrupulous officials. This must be looked into and stopped.
Question : What measures have been taken by the union and the states for the welfare of women in the profession of sex?
(2006)
Answer : There has been a number of very ambitious programmes lunched by the government at both centre and state level to ameliorate the conditions of the weaker sections.
Recently, the Human Resource Development Ministry has approved the immoral Trafficking (prevention) Amendment Bill 2005. The Bill protects sex workers from exploitation at the hands of the police and clients. It is likely to be introduced after cabinet clearance.
In Delhi, 400 sex-worker are arrested every year. Around 90% of them are booked for soliciting. The amendments also empower the police to proceed against a client visiting a brothel for sexual exploitation. The police cannot remove a prostitute from a particular place.
Though easy on sex workers, the amendments propose strict punishments for those running prostitution rackets. A new section 5B, makes human trafficking in repeated, punishable with life improvement.
The traffickers can also be booked under Prevention of Money Laundering Act, 2002 and their assets confiscated. Those running a brothel or running a prostitution racket will face minimum two years imprisonment and a fine of Rs. 10,000. The minimum fine will be Rs. 2 Lakh every time if the offence is repeated. This new legal amendment that seeks to punish clients in not a good move as it will increase police brutalities on any adult male in the company of a sex worker as he would be liable to arrest.
Question : What concrete steps have been taken by the union and the state government to protect child labour and prevent abuse of children?
(2006)
Answer : Child labour in India is one of the most important problems that needs has to be addressed, child labourers are exploited, exposed to hazardous work conditions and paid a pittance for their long hours of work. The government of India and the states government have taken many concrete steps.
The first Act to regulate the employment of children and their hours of work was the Factory Act of 1881. A commission was established in 1929 to fix the minimum age of child employment, on whose recommendation, the Child Labour Act 1933 was passed prohibiting employment of children below 14 years of age. The Factory Act of 1984 provided some safeguards to child labourers. In 1986, the parliament enacted the Child Labour Act (Regulation and Prohibition), planning the employment of children in certain jobs and regulating the condition of work in hazardous occupations. The juvenile justice Act came into force on October 2, 1987 after superceding different Children’s Act of different states/UTs.
India has ratified six ILO (International Labour Organization) Conventions relating to child labour and thereof them as early as in the first quarter of the 20th century. Through a notification dated 27 January 1999, the schedule to the Child Labour (Prohibition and Regulation) Act 1986, has been substantially enlarged bringing the total number of occupations and processes listed in the schedule 13 and 51 respectively. The national policy on child labour was formulated in 1987 which enforces legal actions to protect the interests of children, makes development programmes for the benefit of child labour and projects based plan of action in the areas of high concentration of child labour.
National Child Labour Projects (NCLP) have been set up to rehabilitate child labour. The Cabinet Committee on Economic Affairs (CCEA) in their meeting on January 20, 1999 approved continuance of the scheme of National Child Labour Project (NCLP) during the Ninth Plan. The CCEA also approved the increase in the number of such projects. The government’s commitment to address the problem of child labour and child abuse is reflected in the statement of National Agenda for Governance (1998), where it says that no child should remain illiterate, hungry/lack medical care and that, measures will be taken to eliminate child labour. On October 10, 2006 child labour has been banned in India.
Question : “The Lokayuktas in states have not succeeded in tackling maladministration, while the Bill on Lokpal still faces stiff opposition on the floor of the parliament”. comment.
(2005)
Answer : At the state level many states, as many as twelve, established the institutions of Lokayukta and Uplokayuktas. The appointment of lokayukta and upalokayuktas is made by the governors in most states in consultation with the chief justice of High Court of the states and the Leader of opposition in the Legislative Assembly. The Lokayukta and the upalokaayuktas hold office for a period of 5 years except in Rajasthan wherein the term of office is 3 years. The Act also incorporates many provisions to ensure independence and autonomy of these institutions.
The functions of the Lokayuktas and upalokaayuktas is to investigate any action taken by a public servant referred under the acts or notified by the government. The jurisdiction of Lokayukta and upalokaayuktas includes the “ allegations” and “grievances” in respect of any action of the public servants.
The institution of Lokayuktas and upalokayuktas are subjected to many limitations in their working. Some of the defects of the lokayuktas institution identified by Donald Rowat are—
(1) the main defect in Indian institution has been the attempt to combine the Ombudsman institution with the machinery for fighting corruption and the consequent treatment of grievance complaints in almost exactly the same way as allegation of misconduct and corruption. (2) Lack of support from government for the activities of Lokayukta (3) Delay in the implementation of the action suggested by Lokayukta (4) Limited accessibility of the institution to the public.
Again, the power of Lokayuktas is not felt as it lacks constitutional status. The former ministers and former civil servant should also be brought under the jurisdiction of Lokayukta, which is not the case at present. Lokayukta should be given power under criminal procedure code for search and seizure. Also Lokayukta should be given sue motto powers of investigation.
Another grave problem is that he does not have any independent agency to enquire into the complaints. He is to depend on governments investigating agencies. Moreover for investigating every complaint, permission of government is required which is not easily and readily available. Next Lokayukta have to deal with politicians who have wide powers and lot of influence which always comes on the way of independent investigation. They feel that the powers of the legislature. And thus their attitude is not that of unqualified cooperation. Their fear is that lokayukta is likely to expose their weak points. In some states it is provided that the identity of defaulting officials is not to be disclosed to public after investigation. This indirectly encourages corruption and hinders lokayukta from doing its work.
Then another problem is that vast majority of Indian population is illiterate and does not know about the existence of Lokayukta. In actual practice it has been found that persons of required ability, honesty, and integrity for holding position of Lokayukta are not easily available. Even if they are identified and agree to hold position, they are not allowed to function impartially.
It was on the recommendation of Morarji Desai Commission’s that institution of Lokapal and Lokayukata came for consideration. After careful examination, the Administrative Reform Commission recommended the establishment of Lokpal. The Lokpal was intended to deal with complaints against administrative acts of Ministers and Secretaries to the government at the central and state levels. Based on the recommendation many attempts were make form 1968 onwards for the establishment of Lokpal at the centre. The Government of India introduced bills for this purpose in the parliament in 1968, 1971, 1977, 1985 and latest being in 1990. The Lokpal indroduced in 1977 brought in the Prime Minister as well as members of parliament under its purview. While the 1985 bill excluded the Prime Minister from the jurisdiction of Lokpal, the bill on Lokpal introduced in parliament recently has brought in Prime Minister again under Lokpal’s jurisdiction. Unfortunately, these bills could not be passed by the parliament. Infact Lokpal Bill is the longest pending Bill of parliament.
Question : “Welfare of the people has been a constitutional and legal obligation of the state. Wherein—both the centre and state governments are required to discharge the obligation within available resources”. Does this stand true in context of globalisation?
(2004)
Answer : The overarching goal of the Indian state is to ensure justice—social, economic and political—to its citizens, particularly those who belong to the weaker section of the community. Article 46 provides that the state shall promote with special case the educational and economic upliftment of the weaker sections of the people and in particular of the scheduled caste and scheduled tribes and shall protect them from injustice and all forms of exploitation.
But since 1990’s , the concept of globalisation, liberalization and privatisation has changed or modified the fabric of welfare administration of government. Now, Indian economy is slowly getting globalised.
But as we have seen above, the welfare administration or approach have been enshrined in the constitution itself, which cannot be sidelined in any case, seeing the poverty line of country.
With the arrival of globalisation concept into the Indian economy, the method to fulfill the welfare programems has been changing.
Under the forces of globalisation recent decades have seen a shift towards reduced role for the state and government in all countries. India could not have remained unaffected by these global trends. In India, the impact of globalisation is visible:
Thus, due to globalisation, welfare administration seems to be moving more towards protection of citizen’s rights, accountability, and ethical values. Emphasis shifted to good governance, e-governance and corporate governance.
Question : “Information technology, if properly used, can bring about sweeping changes in the nature of governance in India”. Discuss the current status and future possibilities about the use of information technology in the governance of India.
(2003)
Answer : The information technology is the convergence of communication with computers. The information technology has tremendous impact on the structure and nature of administration.
India is currently experiencing an information explosion this is due to the dramatic advance of Information Technology, which is sure to affect various aspects of life including public administration. The government and administration in India began to adopt IT since the 1990’s after accepting the policy of liberalization.
IT became an important instrument in bringing about good governance in India. The very concept of structure and processes of management are already undergoing significant changes under the impact of IT. More significant will be its impact on administrative culture. It is bound to facilitate e-governance and finally brings about good governance in many ways.
IT has led to flattening and downsizing of today’s organizations eliminating the need for levels of bureaucracy and a long chain of command. It means organization becomes flatter and less hierarchical. People are replaced by technology and to need for “information keepers”, “paper (file) pushers” are eliminated.
The neutral networks are a combination of computer software and chips that are capable of mimicking human brain function. Neutral networks are being used to supplement decision-making in a wide varieties of area. IT also bring-rapid changes in management pattern, such as breakdown hierarchy in administration and increase in coordinating activity. The era of e-governance is realty today.
The Internet is a ‘free space’ unfettered by moral codes. It facilitates the policy issues of access, privacy, copyright and regulation. The team culture in administration in particularly suited to the era of IT and globalization facilitating exchange of information and creative ideas. Freely available information would also go a long way in acting as a deterrent for administration corruption.
Transparency and free flow information are the minimum conditions for achieving good governance. For good governance, it is not enough to have merely democratic constitutions but also a culture of respect of human rights and dignity. Appropriate use of various techniques of IT would enrich accountability and transparency, which would finally ensure good governance and democratic administrative culture. There are number other impacts of IT. For e.g. speedy disposal of work, quality goods and services, business transaction, banking operations, downsizing of organization, use in stock exchanges, reduction in governmental expenditure online air and train tickets etc. Thus IT can bring about a total transformation of administrative culture and there by overall development.
Therefore, IT facilitates e-governance, which is a government “anytime anywhere”. This leads to effective and excellent governance, which ultimately results in good governance.
It is a legitimate hope that out traditionally lethargic, leisurely public administration will sooner than later rid its inherited ‘burdenous baggage’ through the intervention of IT. There are many areas where IT can transform the life of the people through efficiency, transparency, complete objectivity and prevention of malpractices, E-governance is really E-nabled E-ffective government and E-xcellent government, E-government is government ‘anytime anywhere’.
To adapt themselves to these changing needs and trends government at both central and state levels need to devise and implement coherent strategies. They should incorporate public consultation to create a user-friendly infrastructure for the information of society.
Question : “Looking back to our past experience, the fear that the emergency provisions can be misused have at times proved right and wrong at other times”. Discuss with examples.
(2003)
Answer : Federal government means weak govt. because it involves a division of power. Every modern federation, however, has sought to avoid this weakness by providing for the assumption of larger powers by the federal government whenever unified action is necessary by reason of emergent circumstances, internal or external. The constitution itself provides for conferring extraordinary powers upon the union in case of different kinds of emergencies.
The Emergency provision enables the federal govt. to acquire the strength of a unitary system whenever the exigencies of the situation so demand.
The constitution provides three kinds of abnormal situations which call for a departure from the normal governmental machinery set up by the constitution –viz (i) An emergency due to war, external aggression or armed rebellion (Art. 352). This may be referred to as ‘national emergency’, to distinguish it from the next category. (ii) Failure of constitutional machinery in the states (Art. 356). (iii) Financial emergency (Art 360).
There have been three proclamations of national emergency in India – in October 1982 at the time of the Chinese aggression, in December 1971, in the wake of the war with Pakistan and in June 1975 on grounds of internal disturbance. During the period of emergency, extraordinary powers were assumed by the union government under several laws and constitutional amendments passed by parliament.
There was widespread criticism of the misuse of powers during the period of internal emergency. In the general elections that followed, the ruling congress (I) under the leadership of Indira Gandhi lost and a Janta Party government was formed.
The provisions of 352 were made more stringent in 1978-79 by the constitutional (44th Amendment) Act, 1978 which came into effect from 20 June 1979. To prevent the misuse of emergency provisions, the words ‘armed rebellion’ were substituted for ‘internal disturbance’ a written communication of the decision by the union cabinet was made an essential pre-condition for the issue of a proclamation by the president, and the entire procedure for emergency provisions were streamlined to ensure dependence on approval of parliament, particularly of Lok Sabha.Thus, the Amendment confined the suspension of article 19 only to situations of war proclaimed on internal grounds of ‘armed rebellion’, freedoms under article 19 could not be taken away.
Several cases involving emergency provisions were decided by the Supreme Court before 1978, amendment. These dealt with matters arising during periods of the first and second emergencies proclaimed in 1962 and 1971. The court upheld the presidential order suspending the right of a citizen to move the court to enforce the provisions of article 21 and 22. In Makhan shingh Vs state of Punjab, the court tried to balance the fundamental rights of the citizens with emergency provisions and the needs of the security of the state.
In Union of India V. Bhanudas again, the court held that all rights of personal liberty under articles 19, 21 and 22 could be suspended during national emergency due to presidential orders under article 359. Most of these verdicts lost validity after 44th amendment interalia amended articles 352, 358, and 359.In Minerva Mills case, it was held that the judiciary could act if it was established that the Union Govt. acted malafide or on irrelevant or no facts.
The remedy otherwise could be only political. However, emergency can used positively, when a Ministry resigns after defeat in the legislature and no other Ministry commanding a majority in the Assembly can at once be formed. Dissolution of the Assembly may be a radical solution, but that being expensive a resort to Art 356 may be made to allow the state of flux in the Assembly to subside so as to obviate the need for dissolution, if possible.
Thus, after enquiring since independence the pros and cons of emergency provision it an be clearly said that, solely the use of emergency provision depends upon the intension of the user. It can be wright and wrong at times.
Question : “The size of the Leviathan goes on expanding, despite the country’s recent commitment to downsizing or rightsizing”.
(2003)
Answer : Leviathan is a term used to describe the tendency of the administrative machinery (Bureaucracy) to expand itself for any reason or without any reason to show its powerfulness and influential capacity. Administration in government characterized by red-type, rigidity and insensitivity. Historically bureaucracy is a social invention perfected during the industrial revolution for managing industries.
It is an impersonal routinized structure wherein legitimized authority rests in the office and not in the person of the incumbent. But there are many malfunctioning in any bureaucracy organization. It cannot be impartial. There is no sense of belonging and devotion. It is routinised and resists changes. Buck-passing, empire-building, duplication of efforts, waste of resources and inertia are other dysfunctions of bureaucracy.
The greatest danger of bureaucracy is that it is enormously strong and evades accountability. Under the cloak of democracy, it has thriven and grown until it, sometimes seems likely to devour its creator. Lord Hewart characterizes the power and authority of Bureaucracy as new Despotism jeopardizing even the liberties of citizens.
Despite the country’s large-scale effort to curtail down the ever growing size of Leviathan, it has managed to grow and expand its influence on almost every nook and corner.Question : “A distinctive feature of the Indian Administration since independence, has been the noticeable efforts undertaken to make the administrative system effectively reach and respond to citizen’s grievances’.
(2003)
Answer : In the Indian system, the available remedies against administrative acts might be grouped under administrative, legislative and judicial heads. The administrative remedies against the illegal exercise of power or abuse of authority are the departmental reviews both on complaints made by a citizen or an injured civil servant or on the initiative of the seniors themselves. The government has also established the office of the central vigilance commission to eliminate corruption and other malaise of the civil service in India.
The legislative remedies are the various parliamentary devices including the committees through which the functioning of the executive is reviewed in the Houses of parliament. Thus information is elicited from the executive in the “Question Hour”. The Estimates Committee not only can suggest changes in the structure of the various administrative departments and agencies, but can even propose alternative policies to parliament-functions which are performed by the ombudsman in Denmark. These committees have also on occasions performed such functions as are performed in the Scandinavian countries by the ombudsman.
The legislation for the institution of Lokpal and Lokayukta were introduced in parliament in 1968 again in 1971 and 1977 and even later on. Some of states has able to establish Lokayukta and Uplokayukta but with minimum success level. But Lokpal at centre level is still under pipeline.
Question : “NGOs are fast replacing the government in the implementation of a large number of programmes”. Elucidate.
(2003)
Answer : In India, number of development programmes are undertaken every year for welfare administration especially oriented towards poor people. But it has been seen, the poorest rural communities and the urban slumdwellers have been left out in rural development. It reflects the inadequacies and inefficiency on the part of government’s administrative machinery.
It also reflects that government cannot undertake all programmes with equal efficiencies, it needs proper attention has to paid to agencies and people involved in implementation and evaluation of plans, and a proper feedback mechanism has also to be established.
After all, the function of implementations the largest part of government and government’s effort at administering or implementing policy pose staggering problems of resolving conflicts and soliciting cooperation. Many and diverse agencies of implementation constantly collide with each other or discover overlapping responsibilities. A variation in policy direction and its actual implementation may rise due to factors such as conflicting directives or ineffective communication. People implementing public policy often receive conflicting instructions from more than one source, again, limited competence of administrative capability-administrators sometimes do not have the knowledge as how to do what the policy requires them to do. In such situations, administrators may experiment with a variety of policies of their own design or choice or simply may not act. Also sometimes inadequate resources, makes administrators handicap.
Probably the most critical in implementing policy is staff. It is not only the size of staff but also their training which is crucial in carrying out policy. Staffing problems are especially acute in new programmes and in programmes designed to regulate widely dispersed or highly technical activities. The staff must also have access to information about the issue at hand. Next, interest or pressure groups plays an important role in policy making and policy implementation. The main function of these groups is to express conflicting demands and present alternatives. Thus, effective implementation of plan projects has been the weakest link in the chain of the entire planning programme assistance of other institutions outside the government which should be impartial and dedicated. The role of these small or big voluntary agencies in the basic campaign should be to provide the participatory piece of the equation presented.
Question : “Women’s development programmes of recent have shifted from welfarist approach to empowerment of women.” Elaborate.
(2002)
Answer : Women represent almost half of the total population of our country. The average literacy among women was 39 percent as against 64% among men. In spite of the social imbalances, these have been considerable improvement in the status of women in India.
In post-independence, constitution of India brought Indian women on par with men. The state can make special provisions for women. Thus, the constitution gives equality to women through its fundamental rights and Directive principle of state policy.
The Central Social Welfare Board is the most important central agency created for the implementation of welfare activities for women. However, the central assistance has over-shadowed the concept of local need-based approach to social welfare.
In 1966, the department of social welfare was formed. In 1979, the Department was raised to the level of ministry. In 1984, it was redesignated as Ministry of Social and Women Welfare. In 1985, a separate department for women and child development was created. There are two bureaus in the department, namely nutrition and child development and women’s welfare and development.
The Bureau of women’s welfare and development has the responsibility of formulating policies and implementation and execution of schemes and programmes of women’s welfare and development in consultation with central ministries/department concerned, women’s voluntary organizations and Central Social Welfare Board.
Initially the women’s development programmes have given emphasis on welfare and consumption oriented to lift them acute poverty and deprived state. Recently there has been a shift in the emphasis. Women are recognized as responsible citizens who could contribute to the country economy instead of playing the role of recipient of welfare assistance. Women are recognised as very important human resource in the nation’s development.
Social Scientist have observed that the role of women in a nation is the most important and no nation can afford to ignore it. Harnessed and properly controlled, they present a great and powerful force which can be used for the benefit and progress of the nation. If the nation is to develop, it is essential that the basic standard of living of the people is elevated. This cannot be achieved unless women are mobilized towards contributing to the national development and growth. This has to be a two-way process. Women cannot contribute meaningfully in the process of development, until their own development is taken care of. Women have to be active participants in the development process and become agents of change and beneficiaries at the same time.
In order to ensure that women contribute to the process of development, it is equally essentially the women’s own development is taken care of. However, there are a host of inhibiting factors-social economic and political – which prevent women from being active participants in the development process. The development programmes are now aimed to remove these constraints. Attention to health, education, training employment, better political role etc. promote the status of women.
Question : “The machinery for welfare administration at the national and state level trickling down to grassroots becomes meaningless in the context of global constitutionalism”. Discuss.
(2002)
Answer : Welfare administration has a very wide field. In a country like India where there are many social problems closely knitted with economic problems, social welfare should essentially receive high priority.
There have been number of very ambitions programmes launched by the government at both the central and state levels to ameliorate the conditions of the weaker sections. But there have been number of inadequacies in their administration. Making welfare administration reach to grassroots level through trickling down affect has become meaningless especially in the context of global constitutionalism.
Human resource development plays a crucial role in the socio-economic development of a country. Although development brings economic gains to society, in general, specific measures become necessary to ensure that they reach the weaker sections of society such as women, children, the disabled and the destitute. The creation of Central Social Welfare Board in 1953 was such measure. It was established to promote and assist voluntary organizations in the field of women welfare, child welfare and welfare of handicapped. Central social welfare board has a governing body which comprises all chairpersons of state and union territory boards, five professionals, one each from the fields of law, medicine, nutrition, social work, education, 3MP’s, Chairman of the board and the Executive Director. It is a policy making body. It meets every year to pass the budget, to discuss the annual report and reports of Executive Committee.
The administration of the affairs of the Board rests with Executive Committee” which comprises 15 members nominated by the government of India from amongst the members of the Board. The work of the board is divided into 5 divisions each headed by a “Joint Director” responsible to the Executive Director. These division are: (i) Industrial Programme Administrative Division (ii) Welfare Programme Administrative Division (iii) Administrative Division, (iv) Finance and Accounts Division (v) Planning, Monitoring and Coordination Division.
A social service organistion should have flexibility to enable it to function with greater efficiency. The justification for creation of board lays in the nature of welfare work, which cannot be easily administered within the procedures framework of a government department. However it follows government procedures of work and lays more emphasis on observance of the prescribed rules and regulations. It there by creates rigidity in administration an centralization of authority which defects the spirit behind a social welfare institution which should have flexibility in its organization and economy in its functioning.
For satisfactory implementation of welfare programmes, it is essential that the relationship of the voluntary and government sector should be complementary.
Centralised and rigid administration is a great handicap in Central Social Welfare Board’s functioning effectively. Flexibility and decentralization empowering the field organization would help effective coordination with local voluntary organizations.
Question : “After independence, despite the change in socio-economic and political milieu, the basic features of colonial impact on administration continues to exist in our administrative system”.
(2002)
Answer : There has been continuity in the Indian administration after independence, from the pattern that existed before independence. All the same the political background and the psychological atmosphere and objective of administration have changed completely after independence. The most important reason for this continuity was the sudden and peaceful transfer of power from the British rulers to the Indian people. Another reason was that lakhs of refuees migrated between the two post partition countries, India and Pakistan, partly due to communal violence and partly due to willing option of sections of population to settle in the other country, Most of the cadres in administration got depleted as most of the Muslims and European civil servants resigned and left the country. So there was neither the resources nor the people to set up new administrative machinery. A stable and well-founded administrative organization comprising departments and civil services was the critical need of the hour. So, the then existing administrative framework continued after independence.
The post-independence administration in India was stable also due to the continued tenures of the public services, which were in office before independence. The Indian Civil Service and Indian Police Service were the two All-India services helped the country to hold together. Besides, the members of the central and provincial services also continued to be in office.
The Indian Civil Service was the most pivotal and prized of these services. Its members occupied position in the executive councils of the Governor-General of India and the provincial governors. After independence, under the India Independence Act, 1947 the ICS and other officers in All-India Services who continued in office became officers in the service of the govt. of India.
After independence, ICS was replaced by IAS. Much more than that, the character of these All-India Service had changed after independent. India became democracy after independence. The officials of independent India-no more rulers—imbibe the democratic temper of its polity. This marked a change from the pre-1947 scene.
The important factors of change in Indian administration after independence in comparison with that before are the advent of democracy and the compulsions of development and a welfare state. The elements of stability are found in the continuity of some of the departments and the smooth induction of new public services with the characteristics of political impartiality, selection on merit, integrity and commitment to the constitutional objectives. However the influence of organizational features such as hierarchy, predominance of the written word, red-tappism, old-time manuals, still persists.
Thus features of colonial impact of administration continues to exist in our administrative system.
Question : “Indian administration is yet fully appreciate and adopts the benefits of the information technology.” Elucidate.
(2001)
Answer : The Government and administration in India began to think seriously for adopting information technology only in 1990s, after accepting the policy of liberalization. The vast changes in the science and technology in the field of IT calls for a new kind of administrative culture, are assuming new dimensions.
Development in IT has had a dramatic impact on overall organization structure and job-design of individual employees. It has led to flattening and down-sizing of today’s organizations, eliminating the need for levels of bureaucracy and long chain of command. People are replaced by technology and the organization is able to reduce the number of people. Middle management, the mainstay of traditional bureaucracy, is likely to be done away with.
Information technology is an integrated technology, which includes with its sphere computer, telecommunication and broadcastings – products, by recognizing the technological convergence of these three fields. IT is an essential pre-requisite for providing basic infrastructure inputs to secure the desired industrial development and economic progress. Use of IT in enhancing delivery of government services leads to a very responsive and transparent administration, facilitating empowerment of people and satisfying their right of information. Computers are vital link in IT, are essential for securing administrative reforms at all levels of management.
The scope for application of IT in public administration is enormous. By deploying integrated IT based frameworks government can rapidly change its non-performing image only to become popular super performers. At state and local levels, the government can use IT to be more efficient and cost effective. Societies today are multicultural and multi-racial, more conscious of age, religion and gender than ever before. Social issues are complex and citizens are demanding a greater diversity of public services. They are not interested in which public official is responsible for what public service. They will rather have every thing available from one integrated source.
To adopt themselves to these changing needs and trends governments at both central and state level need to devise and implement coherent strategies. They should incorporate public consultation to create a user-friendly infrastructure for the information of society.
Question : Do you agree that globalization, liberalization and privatization policies are going to change the very fabric of Indian Administration? What according to you, are the major challenges before it in the 21st century?
(2000)
Answer : Globalization involves greater role to play in economic reforms. Globalisation is not new phenomenon. It reached its height between 1840 and 1914 and because of protest from the rich countries, ended shortly before the World War I. Globalization has increased the demand for highly skilled worker in the world.
Globalization is nothing but it is the process of attaining economic development of the nation. Globalization plays a major role in the process of economic development.
Liberalisation: Liberalisation or deregulation essentially involves a greater role for market forces the functioning of institutions and is brought about by easing the bureaucratic procedures such as speed up licensing and approvals.
The various aspects of deregulation include price deregulation, access deregulation, product deregulation, earring controls on lending and investment regulations.
Since Narasimhma Rao Government in power in 1991, many important and far- reaching decisions have been taken to deregulate the economy. These can be broadly put under three heads. First, removal or reduction of restrictions on the private sector growth. Second, opening up of the economy to international competition, and attracting foreign capital and investment. Third, reforming the capital market and banking. In order to introduce latest technology with a view to give a further impetus to industry the scheme for-re-endorsement of capacity was liberalised. The government granted automatic increase to those industrial units working to achieve economic of scale and 49 percent rise in capacity due to modernization was allowed. Their liberalisation played a major role in the process of economic development.
Privatisation: The industrial policy statement of July 1991 after a bold diagnosis of the problems of public enterprises reserved only eight industries for it, and even in these areas, there would be no ban for private sector to enter.
Reciprocally, the public sector will also be allowed entry in areas not reserved for it. In areas like coal, minerals oils, mining and some activities of the railways, the government is allowing private industry to the extent possible.
The statement has observed that the government will review the existing portfolio of public investment with greater realism. This review will be in respect of industries on low technology. Small and non-strategic areas, areas with low or nil social consideration on public purpose and areas where the private sector has developed sufficient expertise and resources.
In addition, privatisation would be through disposing of sick public enterprises, and “privatisation” of management practices consequent upon the disinvestment of equity.
Conclusion: Globalisation, liberalisation and privatization play major roles in the process of economic development. Economic reforms can change the economic structure of the country but not the whole administration.So globalization, liberalisation and privatization policies can change the economic structure but not the fabric of Indian administration.
The major challenges before it in the 21st century are the emerging economic setup, it is the state, and hence the bureaucracy, which will have to emerge as the defender of citizen’s right’s and privileges. The emergent administrative system ought to be client - oriented or people- oriented with its major focus on empowering the people.
More particularly, administration at the cutting-edge level should develop a positive, empathetic and helpful attitude towards the common man.
Question : A middle way should be worked out to utilize the services of both generalists and specialists for the national development.”
(2000)
Answer : The Generalist-Specialist debate is a peculiarly British phenomenon, the legacy of which continues to influence the structure and behaviour of Indian administration. Despite attempts to brush aside the controversy ever the respective status and role of generalists and specialists in Indian administration, this issue continues to haunt the political and administrative leadership. Most independent observers, therefore, agree that an amicable solution to this problem will be in the best interest of administrative effectiveness in India.
It must be recognized that the generalists and the specialists are like the two wheels of a chariot and they deserve equal importance in the administrative system. As observed in the British context, “The problem is one of relationship and responsibilities rather than inclusion of one in favour of the other. The ARC study team of personnel administration had called the generalist-specialist controversy as completely barren”. In the Indian context, a few measures that have been or can be suggested in order to strengthen this complementary and to narrow or bridge the gap between the two one the ministers at the central and the state governmental levels while making important policy decisions, should seek the advice of generalists as well as specialists. The specialists should not have a feeling that one being ignored by the political masters.
Question : “Reservation policy and its implementation has had some positive impact in relative terms on the socio-economic development of the SCs and STs but it is very meagre in the absolute terms” comment.
(2000)
Answer : It was pointed out at the outset that our constitution, being consorted by the idea of equality and justice both in the social and political fields, abolishes, any discrimination either against or in favour of any class of persons on the grounds of religion, race or place of birth. It is in pursuance or reservation of seats in the legislation or in the office on the basis of religion. The constitution has abolished repression on communal lines, it has included safe guards for the advancement of the backward classes amongst the residents of India(irrespective of theirreligious affiliations), so that the country may be ensured of an all-around development.
These provisions fulfill the assurance of ‘Justice, Social, Economic and political’ which has been held out by the very preamble of the constitution. A major section of such backward classes has been specified in the constitution as scheduled castes and scheduled tribes because their backwardness is patent.
There is no definition of scheduled castes and scheduled tribes in the constitution itself. But the president is empowered to draw up a list in consultation with the governor of each state, subject to revision by parliament [Article 341-342]. The president has made orders, specifying the scheduled castes and scheduled tribes in different states in India, which have since been amended by the Acts of Parliament.
The constitution makes various special provisions for the protection of interest of the scheduled castes and scheduled tribes. Thus,
Conclusion: The government of India played a major role on the socio-economic development of SCs and STs but still it has to play crucial role for the development of scheduled castes and scheduled tribes. The central government has reserved 27% seats in all recruitments from 9th September, 1993.
Question : “The performance of Lok Ayuktas in the Indian states do not create a very positive impression.” Comment.
(1999)
Answer : The Administrative Reform Commission proposed the set up of Lokayukta at state level. Lokayukta may be empowered to investigate cases of persons at lower level.
Some states have passed Lokayukta and upa-lokayukta but their actual working has shown that some serious hurdles are coming in their efficient working. Magnitude of the problem is so serious and number of complaints so many that one Lokayukta and upa-lokayukta has failed to disposed of these and those are now in arrears and situation of ‘justice delayed is justice denied’ has already arisen.
Next, he does not have any independent agency to enquire into the complaints. He is to depend much on government investigating agencies. Moreover for investigating every complain permission of government concerned is needed which is not easily and readily available. Lokayukta is to deal with politicians who have wide powers and lot of influence which always comes on the way of independent investigation. Lokayukta is also faced with jurisdictional problems. Many states have kept ex-Ministers and ex-public official out of his purview. In some states it is provided that identity of defaulting officials is not to be disclosed to public after investigation. This indirectly encourages and hinders Lokayukta from doing its work.
In actual practice it is found that persons of required ability, honesty and integrity for holding position of Lokayukta are not easily available. Even if they are identified and agree to hold position, they are not allowed to function independently. If the institution is to work successfully for that it is very essentially that both administration and politician should change their attitude towards Lokayukta.
Question : “It is said that the image and influence of Indian parliament have suffered a serious decline in recent years. How far do you agree with this view-point?
(1999)
Answer : Parliamentary democracy was chosen as the platform for Indian political system basically due to our past colonial inheritance.
Despite the fact that the Indian parliament plays a crucial role as a deliberative and representative assembly, its image and influence have suffered a serious setback in recent years. If we look at the general tendency of legislatures of the world, in the present century, it becomes apparent, with a few exceptions, that they have suffered a perceptible decline. And, it is not of recent origin either.
The parliament still performs wide-ranging functions that have been assigned to it under the constitution. It works for long hours and the numbers of legislations enacted by it is increasing every year. Hence, in terms of legislative output, there is no decline.
But definitely there is decline public esteem. Several factors have contributed to this situation. There has been a steady decline in the voting percentage, especially of the urban voter. Here, the instability of the governments appears to be a primary cause. When the fate of the ruling party hangs by a threadbare margin, the people lack faith in the stability of the government itself. Parliamentary behaviour and ethics too have suffered a setback. There are defections, squabbles, ego confrontations, resignations and coalitions aplenty. A healthy party system has yet to be evolved. The role of opposition too leaves much to be desired.
Again if we look from relation to the Executive point of view it appears to have declined. Right from the time, the first government came to limelight in 1952; the powers of the executive have been growing by leaps and bounds. Due to economic pressure, domestic strife, welfare imperatives and international tensions, the executive is doing a lot more work than does the legislature. The parliament due to shortage of time, passes the bill in skeleton form and the majority of the provisions which actually make up the Law, are framed by bureaucracy. Since the members of the parliament do not understand the legal technicalities, they, sometimes, become mere tools in the hands of civil servants.
In relation to the executive, a dangerous trend has evolved wherein policy issues are decided to the virtual exclusion of the parliament. Proper discussions are not able to take place on issues of national and international value. Public apprehensions could have been laid to rest through free and open discussion. Likewise, the wastage of precious time of the parliament can be avoided if there is better understanding between the ruling party and the opposition. A trend, equally dangerous, is of promulgation of ordinances by the president. This gives to the executive a clear power to legislate and is an encroachment of the parliament.
These are but few ills that beset the Indian parliament. However, it must be remembered that parliament and parliamentary democracy exist in an age which is by no means peaceful. The standards in parliament are a reflection of the decline in the political system and even in the society as a whole. Remedy lies within parliament, that is, the members of the parliament themselves undertake introspection of their problems and failures. Besides, there is always a tomorrow. And, if there is tomorrow, there is hope.
Question : In tune with the winds of administrative change blowing throughout the world, the Indian administration has also taken certain noticeable initiative in administrative restructuring in the nineteen nineties. What are these initiatives and how effective have they been?
(1998)
Answer : The major trend in world’s administrative set up since 1990’s in light of globalisation, liberalisation, privatisation, has also caused certain noticeable initiative in administrative restructuring in Indian administrative system.
Globalisation has assumed a multi-dimensional character encompassing economic, social, political and cultural activities. It incorporates a bundle of different economic, technological, political and ecological processes.
Globalisation refers to processes by which particular societies are getting incorporated into a single worldwide market society. It believes in a global market. Economics of all the nation states must be integrated and be internationally competitive. It integrates the national economies into global economies through trade and investment rules and privatisation spurred by technological advances, the process being stimulated by the theory of comparative advantage. An indicator of Globalisation is the fast expansion of international direct investment. Transitional corporations have a home almost everywhere but nowhere do they feel at home, so restless and set on conquering new territories they are. They are integrating their worldwide operations with apparently infinite ingenuity and vigour. Products which are manufactured in a single factory are fabricated with parts and materials sourced in several parts of the world.
Likewise, liberalisation has come to be equated with a change in approach towards organisation of political and economic institutions and process. Reorganisation of institutional space is intended to alter the relative power of state and private enterprise. Commitments to liberalization supposedly implies a commitment to market orientation of the economy and incorporates a presumed obligation of state to push policy towards deregulation, privatisation, selective state withdrawal and expenditure cuts, and ultimately integration with the global economy. While economy is expected to be liberated from political directions and interferences, state is refrained from taking up a competing or restrictive role vis-à-vis private enterprise.
Globalisation, Liberalisation and Privatisation are increasingly changing the character of the state and the nature of Indian administration. Responding to challenges posed by globalisation and liberalisation has not an easy issue for Indian administration. A number of strategies have been adopted by scholars and practitioners to cope with the pressures of liberalisation. The process of economic liberalisation in its basic conceptual formulation seeks a reduced governmental intervention in the economic sector, thus implying a reduced role for the bureaucracy in the process of development. There has to be a realisation that with the switch over to globalisation, liberalisation and privatisation, the bureaucracy will have to play role of a catalyst for change. In the new economic order the bureaucracy has to function as a helper, an accelerator, a booster.
The key items on the development agenda of the 1990’s have reform of Indian administration, and issues of governance amongst their priorities. ‘Governance’ deals with the capacity of the government to design, formulate and implement policies and in general to discharge their functions. Good governance is more than a simply efficient Indian administration. It is the process of building and enduring bridges between the state and the society at large through effective and people-oriented mechanism of administration.
The concept of good governance was conceived in 1989. It is equivalent to purposive and development-oriented administration which is committed to improvement in quality of life of the people. It implies high level of organisational effectiveness.
Under the forces of globalisation and liberalisation recent decades have seen a shift towards reduced role for the state and government in all countries. India could not remain unaffected by these global trends. Self-governing institutions where the people themselves take over the functions of the state would have to be encouraged sustained and nurtured.
Several initiatives have been taken in the wake of the recent economic reforms: The Built-Own-Lease-Transfer (BOLT) Scheme launched by government.
There is a widening area of services which are currently being performed in-house in the government, but which can be outsourced to the private sector.
Question : Trace the origin of the Lokayukta Plan and comment on its working.
(1997)
Answer : Indian constitution though creates checks and balances to provide redress to the citizens via the legislature and the judiciary, yet in practices these are not enough and cannot be approached easily. Therefore the need for creating an ombudsman type institution was felt to provide the aggrieved citizen easy, cheap and timely redressal of his grievances.
The demand for the establishment of such an institution was first made in India by K. M. Munshi, an M. P, in 1960. In 1963, the Rajasthan Administrative Reforms Committee made a recommendation for setting up such an institution. The matter continued to be raised in parliament in 1964 and 1965 till a special consultative groups of M.Ps on Administrative Reforms was constituted. In 1966 the matter was taken up by the Administrative Reforms Commission which felt the urgency of the matter and recommended the creation of two institutions-namely Lokpal and Lokayuktas. Commission recommended that Lokayuktas should be demonstrably independent and impartial, their investigations and proceedings should be conducted in private and should be informal in character, their appointment should, as far as possible, be non-political, their status should compare with the highest judicial functionaries in the country, they should deal with matters in the discretionary field involving acts of injustice, corruption or favouritism, also their proceedings should not be subject to judicial interference and they should have the maximum latitude and powers in obtaining relevant information.
At the centre due to one reason or other, the institution of Lokpal has not been set up. However the position in this regard is encouraging in the states. Orissa became the first state to enact the Lokayukta Act. Maharashtra was the first state to appoint Lokayukta. Rajasthan enacted the Act in 1973. In Bihar, the office of Lokayukta was created through issuing an ordinance in 1973. Uttar Pradesh passed the Lokayuktas and UP-Lokayuktas Act, in 1975. Karnataka promulgated an ordinance in February, 1983. Andhra Pradesh Assembly passed the Lokayuktas and Up-Lokayukata Bill, in 1982. In Madhaya Pradesh, Lokayukta & Up-Lokayukta Bill was passed is 1981. In Himachal Pradesh, the Lokayuktas Act was enacted in 1983 and in Karnataka in 1985. In Kerala, there is the policemen (prevention of corruption) Act, 1983 and in Nagaland, there is the vigilance commission to combat corruption. Gujarat is contemplating to institute the institution of the Lokayukta soon. Thus, half the states in India have created the institution of Lokayuktas.
The Delhi Lokayukta Act passed in 1986 is an improvement over others because the Act empowers the Lokayuktas not only to investigate the complaints received by him but also to award punishment to those who are found guilty of corruption under the Act. Delhi will have a Lokayukta and an up-Lokayukta. Any citizen who had a complaint of corruption against a bureaucrat, government employee, legislator, municipal councillor or even a cabinet minister or chief minister of Delhi could lodge it directly with the Lokayukta. He would be armed with powers equivalent to that of the High Court to conduct an investigation into the charges brought before him and award punishment to the persons found guilty of corrupt conduct. An appeal against his judgement could only be made to the Supreme Court.
The institution of Ombudsman in states in India, where it has been created, has not succeeded in tackling maladministration as much as was hoped. There are several reasons for that.
The first is that instead of creating two separate sets of machinery one dealing with maladministration and the other dealing with corruption, as has been done in several other countries, the same institution here has assigned both the tasks.
The main defect in the Indian plan has been the attempt to combine the Ombudsman institution with the machinery for fighting corruption, and the consequent treatment of grievance complaints in almost exactly the same way as allegations of misconduct and corruption. This has had two unfortunate results. The fear by senior officials and ministers of allegations against themselves or their colleagues has meant that they have given the plan weak support bordering on actual sabotage of its effective working. Secondly, it has resulted in a forbidding formal procedure, designed for allegations being applied equally to grievance, complaints.
Again since, the Lokayukta institution deals with the cases of corruption also, it has earned the hostility of a section of the politicians because it is at this level where most of the corruption originates.
Question : “The word ‘police’ in the title of the Central Reserve Police Force and the Indo-Tibetan Border Police is a misnomer”. Comment.
(1997)
Answer : A state’s existence depends basically on security and stability. This involves protection from external aggression and maintenance of internal peace and order. For this purpose, the state should be equipped, first with adequate defence service in military forces of all kinds and modern weapon. The task of defence should be given priority over the needs.
Second, maintenance of law and order, internal peace and security gains primary importance as a vital function of the state. To ensure organized community life and to regulate the life and conduct of the citizens, the state has to maintain a police force.
Law and order is a state subject and states have the control over the main machinery for the maintenance of law and order, namely, the police. In addition to the police, there are a few specialized agencies coming under the state and central governments. The Central Reserve Police Force was constituted under Act LXIV of 1949 for the purpose providing assistance to state governments for maintenance of law and order. Agencies such as the Railway Protection Force, Border Security Force and Central Industrial Security Force were not police forces under the Police Act of 1861.
The Central Reserve Police Force is a reserve establishment meant for emergencies can be rushed to any part of the country to supplement and strengthen the hands of the local police. In this function, it is a supplementary police force.
On the other hand, the Indo-Tibetan Border Police (ITBP) formed in 1962 is charged with the responsibility of ensuring the security of northern border, instilling a sence of security among the people living on the border areas and preventing trans-border crimes. Since ITBP is not involved in the normal police function to call it as police is a misnomer.
Question : “The word ‘police’ in the title of the Central Reserve Police Force and the Indo-Tibetan Border Police is a misnomer”. Comment.
(1997)
Answer : A state’s existence depends basically on security and stability. This involves protection from external aggression and maintenance of internal peace and order. For this purpose, the state should be equipped, first with adequate defence service in military forces of all kinds and modern weapon. The task of defence should be given priority over the needs.
Second, maintenance of law and order, internal peace and security gains primary importance as a vital function of the state. To ensure organized community life and to regulate the life and conduct of the citizens, the state has to maintain a police force.
Law and order is a state subject and states have the control over the main machinery for the maintenance of law and order, namely, the police. In addition to the police, there are a few specialized agencies coming under the state and central governments. The Central Reserve Police Force was constituted under Act LXIV of 1949 for the purpose providing assistance to state governments for maintenance of law and order. Agencies such as the Railway Protection Force, Border Security Force and Central Industrial Security Force were not police forces under the Police Act of 1861.
The Central Reserve Police Force is a reserve establishment meant for emergencies can be rushed to any part of the country to supplement and strengthen the hands of the local police. In this function, it is a supplementary police force.
On the other hand, the Indo-Tibetan Border Police (ITBP) formed in 1962 is charged with the responsibility of ensuring the security of northern border, instilling a sence of security among the people living on the border areas and preventing trans-border crimes. Since ITBP is not involved in the normal police function to call it as police is a misnomer.
Question : “The machinery of administrative tribunals has been provided for the purpose of speedy and cheap justice against official excesses”. Comment.
(1997)
Answer : There has been phenomenal increase in the functions of the government, which has lent enormous powers to the executive and also led to increase in the legislative output. This has led to litigations restrictions, on the freedom of the individuals and constant frictions between them and the authority. Administrative tribunals have emerged not only in India but in many other countries with the objective of providing a new type of justice- public good oriented justice.
The administrative tribunals, rendering administrative justice is a by-product of the welfare state. With the emergence of welfare state, social interest began to be given precedence over the individual rights. With the development of collective control over the conditions of employment, manner of living and the elementary necessities of the people, there has arisen the need for a technique of adjudication better fitted to respond to the social requirements of the time than the elaborate and costly system of decision making, provided by litigation in the courts of law. Secondly, in view of the rapid growth and expansion of industry, trade and commerce, ordinary law courts are not in a position to cope up with the workload. With the result, enormous delay in deciding cases either way takes place. Therefore, a number of administrative tribunals have been established in the country which can do the work more rapidly, more cheaply and more efficiently than the ordinary courts.
In view of increasing role of administration in citizen’s life, the administrative tribunals are expected to play an important role in the redressal of citizen’s grievances.
Question : “The constitutional provision for the appointment of Special Officer for the Scheduled Castes and Scheduled Tribes is more investigative than executive in orientation.” Comment.
(1996)
Answer : National Commission for SCs and STs was constituted in pursuance of the constitution 65th Amendment Act, 1990, with wide functions and powers. The functions of the commission are more investigative than executive. The major function of the commission as such are to investigate and monitor all matters relating to the safeguards provided for the SCs under the constitution, to enquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes, to participate and advise on the planning process and socio-economic development of SCs, to present to the president annually and at such times as the commission may deem fit necessary, reports upon the working of those safeguards, to make in such reports recommendations as to the measure that should be taken by the union or any state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of SCs and to discharge such other functions, in relation to the protection, welfare and development and advancement of SCs and STs as the president may, subject to the provision of any law made by parliament by rule specify.
All these indicates, the limitations of the commission regarding its executive nature.
Question : “The emphasis of women’s development programmes has in recent years shifted from a purely welfare and consumption-oriented one to a realistic one which recognize women as contributors to the country’s economy.” Elaborate.
(1995)
Answer : Women represent almost half of the total population of our country. The average literacy rate in women is nearly 40% as compared to the 72% of men. In spite of the social imbalances, there has been considerable improvement in the status of women in India. It is said that during Vedic period women used to be learned, cultured and enjoyed equal status with men in society but in later years many evil customs like Sati, Purdah, child marriage etc. were thrown on them. Even now rape, child marriage, dowry deaths, termination of pregnancy in the case of female youths are hampering development of women in society.
Even the constitution of India brought Indian women on par with men. Article 326 gave them right to vote. Articles 14, 15 and 16 ensure equality before law. The state can make special provisions for women. The Central Social Welfare Board (CSWB) is the most important central agency. The Board enjoyed some autonomy in its initial years as it was thought that the nature of welfare work it undertook could not be easily administered within the procedural framework of a government department. It was created as a central specialized agency provides assistance for the development programmes. The central assistance has over-shadowed the concept of local need-based approach to social welfare.
In the Ministry of Social and Women Welfare a separate department for women and child development was created. The department comprises of two bureaus namely nutrition and child development and women’s welfare and development. The department enlists in its activities, active cooperation and involvement of voluntary organizations in the field of women development.
In recent days the strategy and focus for women development has got new direction and the focus is also shifting towards more pragmatic approaches which looks at women as human resource which are yet to be optimally exploited. For this purpose many new programmes have been started which recognize active roles by women in country’s economy. They include special attention to women employment in National Rural Employment Guarantee Scheme. The village cottage industries which are run mainly by rural women is provided credits for their revival. The forward and backward linkages have been set up. Further for education of women rural and urban areas various schemes have been formulated which provide free education. Some state governments have initiated programme which provides financial help to the parents of girl child not only for education but also for their marriages. So that the social cause of underdevelopment is being eliminated.
All these programmes coupled with many professional programmes for providing the women assistance in getting jobs are transforming the status of Indian woman in a slow and steady way. The approaches on women development have now got a pragmatic focus which sees them as a resource which is not used up to a large extent. As the women are one of the most important pillar of society, they can be the pillar of India’s economic development also.
Question : “Between social background and administrative culture it is the latter that has a dominating influence on integrity in administration in Indian situation.” Review the statement in the light of research findings in this area.
(1995)
Answer : Integrity is ‘soundness of moral principles; the character of uncorrupted virtue; uprightness; honesty; sincerity.’ Deviation from moral standards or lack of integrity takes various shapes in the form of corruption, patronage and undue influence etc. India is a plural society where there is a deep impact of social backgrounds of administrators on this integrity, but it’s the administrative culture which has evolved through times and which clearly defines integrity in administration in India.
Administrative culture in India has been developing continuously since ancient time. It has got some inputs from virtually every ruler who ruled here. It is also influenced by British legacy up to a large extent. Although the social background is also the product of same evolution but it’s the administrative culture which directly affects the integrity in administration.
There are a lot of factors that contribute to the administrative culture which further influences integrity. The rapid development, globalisation, urbanization, industrialization have made the man hungry for money and power and also it has provided opportunities for new ways of corruption. This results in moral breakdown which further exaggerates the situation and directly affects integrity. The so called values have gone down in society now the people are judged from what they are and not from what they did to become what they are. Bribery, nepotism, misuse of public money, black marketing are on the rise. The so called rules and laws of administration are working like contributing factor rather than the stopping one.
The administrative structure on which thrives the administrative culture have become like a puppet in the hands of some powerful people who have power or money. The culture have become or have evolved in a way that some influential people can use it in the way they want. Even if there are some administrators with high moral values, these influential people do not let them save the integrity in administration and actually uses the administrative apparatus against them.
Administrative culture which represents a pattern of values and behaviour have now become institutionalized but it has also became devoid of values. There is a distinct pattern in every administrative culture which is a conglomeration of values, beliefs and a central concern for the common people. In India a lot of research studies have revealed many characteristics.
One of these is the revelation of a striking fact that in India the society shows the domination of inegalitarian values. Dumount after his studies characterized the Indian society as hierarchical. The hierarchico inegalitarian social ethic have been built in to Indian psychee. The society has largely been divided on the basis of caste, religion and family. All these contribute to the inegalitarian values.
Further the study shows that in the upper strata of society there is individualistic orientation. The person of the high strata suffers from ego-centric temperament. This hampers his ability to co-ordinate with other persons of society. The other thing that the study tells is the deification of authority. The institutions like religion, caste, family use dominance through ideological forces. This force is very strong in Indian society. Kosambi observes that in India, there is use of more ideological force whereas in Europe there is use of greater physical force.
In every society there are conflicts and contradictions. In the resolution contradictions, the society advances. The Indian development processes do not allow contradictions to mature and get resolved. Wherever contradictions become sharp, there are attempts to weaken them and internalize the opposite. The dissent is neither allowed to win nor to disappear.
But now the administrative culture is changing in India. The tradition which emphasized maintenance of law and order and economic development is now facing the challenge from globalization and its effects on administration. The change is slow but steady. There is going to be a complete shift in way and means of administrative processes but the central concern will always be the welfare of people.