Governance-Part-2.Pdf

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Table of Content

 Governance: Evolution and basics (Pg. no: 2-14)  E-Governance (Pg. no: 15-25)  Development processes and the development industry (Pg. no: 26-35)  Citizen Charter (Pg. no: 36-42)  Self Help Groups (SHGs) (Pg. no: 43-46)  Role of civil services in a democracy (Pg. no: 47-57)  Balanced Regional Development: Transforming Aspirational Districts (Pg. no: 58-61)  Salient features of Representation of People’s Act (Pg. no: 62-71)  Water Management, Institutional Reforms and Conservation Efforts (Pg. no: 72-76)  Policies (Pg. no: 77-85)  Probity in Public Life (Pg. no: 86-87)  Statutory, Regulatory and Various Quasi-Judicial Bodies (Pg. no: 88-110)

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Governance: Evolution and basics

Government Introduction ● Human societies are characterised by diversity of interests, preferences, values and ideas. This creates a situation of inherent conflicts in the society which, if left unattended, would be detrimental to each and everybody’s interest. ● The existence of diverse interests and consequent conflicts within human society necessitates the existence of government. Thus, the government is the political system by which a country or community is administered and regulated.

Why is the government required? ● Acceptance of the basic social principle is necessary for coexistence. Social principles are necessary to live together in a peaceful, productive and rational society and without these principles, no moral or civilised society can exist. ● Government is the legitimate authority to protect, enforce and ensure respect for the basic social principles. For example, some of these social principles in India are Access, Equity, rights and participation. There is a need for the government to ensure the implementation and respect for these principles.

Difference between government and a state The terms “state” and “government” are often used interchangeably in political discourse, but they can also refer to very different entities. ● A state is like a ship, and a government is like the crew who runs the ship. ● All 4 components given in the following diagram form state and the government is just one of the subdivisions of it. i.e. the state is a political corporation, while the government is a political subdivision.

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State Government 1. A state is a geographic entity that has a 1. A government is an organization or distinct fiscal system, constitution, and is institution that creates and executes laws sovereign and independent from other and policies in a state. states as recognized by them. 2. The government is a more formal, 2. The term state encompasses a wide range tangible and defined aspect of the state. of formal as well as informal processes, 3. Government is made by the and its endeavors are directed towards representatives of the people. Only some achieving the goals and aspirations of a people who get elected act as society committed to living together. representatives of the people form the 3. The whole population is a part of the government of the State. State. All the people are citizens of the 4. Membership of the government is not State. automatic. No one can be forced to 4. To live in a state, all people must have a become its part. membership in it. People normally get 5. Governments change according to the will membership (citizenship) of a state of the people. automatically right at the time of one’s birth and continue to live life as such. 5. State remains as it is no matter which government runs it.

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Evolution: From Government to Governance ● The idea of governance is as old as the human civilisation itself, but the term governance was not heard frequently within the development community until the late 1980s. ● The rise in the popularity of the term ‘governance’ is closely linked with the redefinition of the role of the government towards development enterprises and managing the economy of a state in an efficient and effective manner. ● The term came into existence in the 1980s with the initial efforts of international economic and financial organisations such as the World Bank, the International Monetary Fund, United Nations Development Programme and International Development Assistance. ● Notion about the competence of the structure of Government framed post-world war II, began changing in the 1980s, and the process of transformation from government to governance was triggered. Following were the factors contributed to it: ○ Government was found ineffective and inefficient in delivering the policy objectives relating to the progress and well-being of the common people in the developing countries. ○ This period also witnessed the expansion of the term development and prosperity of the people and began encompassing health, education, happiness, human rights, and freedom and participation of the stakeholders in the decision-making procedures. ○ The collapse of the Soviet Union and the end of the cold war, proved the authoritarian model of government, a failure. ○ The term governance came to be used to define the reinventing of public administration, particularly in the developing countries, to make it more receptive to the needs of globalization.

Difference between government and governance Government Governance Participants are clearly defined and are linked Participants in governance are many and non- to the state. state actors like market and civil society are also participating. Follows top-down approach. Follows a multi-layer approach. Domination through rules or force may be Acceptance of and support for decisions by all required to ensure universal acceptance of a players arises out of wide participation in decision. earlier debate. Process-Oriented Outcome-oriented Structural and quantitative Qualitative

Evolution of governance in India ● Like any other post-colonial state, India after gaining Independence, adopted the policy of planned economy, led by the government and its public sectors. ● But this policy found to be inadequate and inappropriate in achieving the required goals of economic progress and poverty alleviation.

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● By the late 1980s, there was a growing realisation among the policymakers in the government that the planned strategy of economic development failed to achieve the developmental goals of India.

Some of the reasons behind it were: ● Deep entrenched corruption in governmental institutions and programmes along with all- pervasive political corruption. ● Rapid transformation in the international political and economic environment. ● Due to the financial crunch and lack of competitiveness in the public sector, there was a critical pressure on the state to open the economy for the private sector (market). ● Public sector proved to be incapable and inefficient in delivering public goods, leaving a vacuum in service delivery. ● It provided legitimacy to the role of the market and civil society. ● It was an acknowledgement of the limits of the government in terms of resources and legitimacy. ● The term governance gained currency in India with the liberalisation of the Indian economy in 1991.

What is governance? ● The concept of governance indicates a shift away from well-established notions of the way the government sought to resolve social issues through a top-down approach. The emphasis is on the reduced role of the state and acknowledgement that it is no longer the only actor that steers society. ● Governance is understood in many different ways but there is a baseline agreement that governance refers to the development of governing styles in which boundaries between and within public and private sectors have become blurred. ● The core thrust of the idea of governance is the Network relationships of three actors – state, market and civil society in reaching the decisions.

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Features of governance ● Reduced role of the state and acknowledgement that it is no longer the only actor that steers society. ● It is an interactive process where government frames policies in collaboration with other non- state actors. ● None of the actors in governance is dominating, services depend upon the process of exchange ● between actors. ● The monopoly of political institutions in providing services is diluted; the private sector and institutions of civil society fill in the space previously occupied by these institutions. ● Curbing of the role of state and expanding the space for market and competition.

Institutions involved in governance In Governance, there are networks of institutions involved in all stages of the policy process viz; policy formulation, implementation, evaluation and feedback. Some of the examples of such networks are as follows: Policy network: Policy networks are sets of formal institutional and informal linkages between governmental and other actors structured around endlessly negotiated beliefs and interests in public policymaking and implementation. These actors are interdependent and policy emerges from the interactions between them. ● Governments have instituted advisory bodies and various kinds of Councils where representatives of government and other two actors – business and civil society are members. ● For example, at the formal level, business organizations like FICCI and CII were represented in government advisory bodies. ● NGOs have also become partners in new policy networks. The National Advisory Council has representatives of civil society and acts as a voice to influence government policy. ● In May 2007, the Planning Commission announced National Policy for the Voluntary Sector. The Policy emphasizes partnership of government with the voluntary organizations and recognizes three instruments of partnerships: viz., ● Consultation, through a formal process of interaction at the Centre, State and District level; ● Strategic collaboration to tackle complex interventions where sustained social mobilization is critical over the long term; and ● Project funding through standard schemes. A significant achievement of the role of civil society has been the passage of the Right to Information Act. Operational networks: Apart from policy networks, there can be operational networks too. These networks are implementation tools for delivering public goods and services that one single actor cannot do. ● Such cooperation has taken the form of what has come to be popularly known as a public- private partnership. ● This type of partnership is widely being promoted as a strategy of governance in delivering goods and services in many sectors.

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● PPPs broadly refers to long term contractual partnerships between the public and private sector agencies, specifically targeted towards financing, designing, implementing and operating infrastructure facilities and services that were traditionally provided by the public sector. ● As per the planning commission, that three things generally distinguish PPP from direct provision of services by governments, namely ○ A partnership based on well-articulated ‘contract’ ○ A long-term relationship between the public and private sector ○ Flexibility and responsiveness in decision-making. PPPs are embedded in the general idea they are the new implementing agencies replacing the ineffective and inefficient state and bureaucracy. Good governance ● After decolonisation, developmental activities of all the Third World countries had been dependent on foreign financial and technological assistance and long-term loans from the various international economic and financial agencies. ● Till the late 1970s,’ it was the general perception world over that the state should be the engine of economic growth and public welfare, but shortly this perception was under question. ● The disappointing development outcomes in the aid recipient countries sparked serious debate on aid effectiveness because, despite all the money given, a large number of recipients remained gripped in chronic poverty. ● The search for the underlying reasons for these development failures led the donor agencies to focus on the quality of governance in the recipient countries. ● All this led to the proposal by the International aid donors that aid should be allocated not only on the basis of poverty and underdevelopment but also on the basis of good governance within the aid-seeking countries. ● In 1998 the World Bank’s annual report Governance in Asia: From crisis to Opportunity, presented a more cogent concept of good governance. The report elaborates four key components of good governance: accountability, transparency, predictability and participation.

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Characteristics of good governance ● Good governance has 8 major characteristics. It is participatory, consensus-oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law. ● It assures that corruption is minimized, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard in decision-making. It is also responsive to the present and future needs of society.

Participation ● Participation is the political dimension of good governance. The active participation of all stakeholders in the process of development in a society is an indispensable condition of good governance. ● Participation could be either direct or through legitimate intermediate institutions or representatives.

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● The Panchayati Raj System or local self-governance (municipal councils) in towns and cities in India are the expressions of active participation of people in developmental activities meant for them.

Rule of law ● Good governance requires fair legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities. ● The rule of law is the cornerstone of a democratic and egalitarian society. It means that everybody in a society is equal before the law, and the laws are implemented in an impartial manner. ● To implement the rule of law, appropriate reforms in policing (police reforms) and the criminal justice system (judicial reforms) have been attempted in India.

Transparency ● Transparency means that decisions taken and their enforcement are done in a manner that follows rules and regulations. ● It also means that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement. It also means that information is provided in easily understandable forms and media. ● Lack of transparency in governance creates a conducive environment for various kinds of corruption in governance which are detrimental to the progress and well-being of the common people of the society. ● To ensure transparency and free flow of information, the Government of India has provision for the right to information to every citizen of the country by enacting the Right to Information Act, 2005.

Responsiveness ● Good governance requires that institutions and processes try to serve all stakeholders within a reasonable timeframe. The deliberate unnecessary delay on the part of the service providers in performing their duties towards the people must be avoided at any cost. ● It must be ensured that service delivery systems must have a provision of the time and period clause to accomplish their duties within a predictable time frame.

Consensus oriented ● There are several actors and as many viewpoints in a given society. Good governance requires mediation of the different interests in society to reach a broad consensus on what is in the best interest of the whole community and how this can be achieved. ● It also requires a broad and long-term perspective on what is needed for sustainable human development and how to achieve the goals of such development.

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● This can only result from an understanding of the historical, cultural and social contexts of a given society or community. Consensus usually involves collaboration, rather than compromise.

Equity and Inclusiveness ● A society’s well-being depends on ensuring that all its members feel that they have a stake in it and do not feel excluded from the mainstream of society. ● Inclusiveness requires that interests, aspirations and opinions of all individuals and groups living in a society must be taken into consideration while formulating certain policies and programmes meant for the society. ● This requires all groups, but particularly the most vulnerable, have opportunities to improve or maintain their well-being.

Effectiveness and Efficiency ● Good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal. ● The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment.

Accountability ● Accountability is a key requirement of good governance. ● Not only government institutions but also the private sector and civil society organisations must be accountable to the public and to their institutional stakeholders. ● In general, an organisation or an institution is accountable to those who will be affected by its decisions or actions. ● Accountability cannot be enforced without transparency and the rule of law. Central to the principle of accountability is information sharing and transparency which should be promoted by governance structures.

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Figure: Governance Dimensions

Good governance in India ● The idea of Good Governance is as old as Indian civilization. The rulers were bound by dharma, popularly called ‘Raj Dharma’, which precisely meant for ensuring good governance to the people. ● When during the 1990s, the World Bank raised the issue of governance, this immediately became an issue of concern in India. ● The document of the Ninth Five Year Plan (1997- 2002) released in April 1999 included a Chapter on “Implementation, Delivery Mechanism and Institutional Development.” In this chapter the issue of decentralization in development planning, accountability of the implementing agencies and monitoring and evaluation of programmes were raised. ● This was followed by a more specific chapter titled, “Governance and Implementation” in the Tenth Five Year Plan (2002-2007). ● The Eleventh Five Year Plan (2007-2012) signified that the vision of inclusive growth, reducing poverty and bridging the various divides that continue to fragment our society can only be achieved if there is a significant improvement in the quality of governance. ● Later, the twelfth five-year plan (2012-2017) defined good governance as an essential element of any well-functioning society.

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Key challenges to good governance in India As per the 2nd ARC report, following are the barriers to Good Governance: 1. Attitudinal Problems of the Civil Servants: There is a growing concern that the Civil Services and administration in general, have become wooden, inflexible, self-perpetuating and inward-looking. Consequently, their attitude is one of indifference and insensitivity to the needs of citizens. 2. Lack of Accountability: A common reason usually cited for inefficiency in governance is the inability within the system to hold the Civil Services accountable for their actions. Seldom are disciplinary proceedings initiated against delinquent government servants and imposition of penalties is even rarer. 3. Red Tapism: Bureaucracies, the world over are expected to adhere to rules and procedures which are, of course, important for good governance. However, at times, these rules and procedures are ab-initio ill-conceived and cumbersome and, therefore, do not serve their purpose. 4. Low levels of Awareness of the Rights and Duties of Citizens: Inadequate awareness about their rights prevents citizens from holding erring government servants to account. Similarly, low levels of compliance of Rules by the citizens also acts as an impediment to good governance 5. Ineffective Implementation of Laws and Rules: There is a large body of laws in the country, each legislated with diff event objectives - maintaining public order and safety, maintaining sanitation and hygiene, protecting the rights of citizens, giving special protection to the vulnerable sections etc. Weak implementation of these issues can cause a great deal of hardship to citizens and even erode the faith of the citizenry in the government machinery. Other major problems 1. Women Empowerment: According to Swami Vivekananda “it is impossible to think about the welfare of the world unless the condition of women is improved. It is impossible for a bird to fly on only one wing.” a. Unfortunately, the 108th Constitution Amendment Bill, promising 33 per cent reservation to women in Parliament and the state assemblies has not been considered by the government yet. 2. Caste and religion-based politics: Equity and inclusiveness are one of the principles of good governance but some of the features of the present politics in India are the use of caste and religion to influence the population. These aspects work against the principle of equity and can be used as a tool to incite violence against a particular section of society. 3. Corruption: The high level of corruption in India has been widely perceived as a major obstacle in improving the quality of governance. The government implemented different welfare policies like PDS, NRHM, MGNREGA, Prime Minister’s Jan Dhan Yojana, etc. which are very influential 4. for good governance. But because of corruption practices among our bureaucrats our Government cannot achieve success in the implementation of these programmes. 5. Delay in justice: Overall, the pendency of cases (3.5 crore cases pending across the Supreme Court, the High Courts, and the subordinate courts) has increased significantly at every level of the judicial hierarchy in the last decade. The primary reason for growing pendency of

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cases is that the number of new cases filed every year has outpaced the number of disposed cases. Criminalisation of Politics: The criminalisation of the political process and the unholy nexus between politicians, civil servants, and business houses are having a baneful influence on public policy formulation and governance. 6. Curtailment of autonomy in key constitutional and statutory bodies: Recently many incidents of tussle between the government and key national institutions such as RBI, CBI, EC, CBI and even judiciary have been in light. There were allegations that the government is trying to impose its decisions on these bodies. Such incidents work against the transparency pillar of good governance. 7. Empowerment of socially and economically backward people: The socially and economically backward sections of the society have always been marginalised in the process of development. Although there are constitutional provisions for their upliftment, in practice, they are lagging behind in so many areas like education, economic well-being etc.

A Model Code of Governance drafted by a Committee of Chief Secretaries provides the principles of good governance and seeks to set benchmarks for the States to evaluate their own status on various specific points such as: ● Improving service delivery; ● Developing programs for weaker sections and backward areas; ● Technology and system improvement; ● Financial management and budget sanctity; ● Accountability and transparency; ● Public service morale & anti‐corruption measures; and ● Incentivising reforms.

The Government has also examined major proposals and recommendations on various aspects of administrative reforms of four earlier Committees viz. ● Alagh Committee on Recruitment and Selection Procedures (2001), ● Yugandhar Committee on In‐Service Training (2003), ● Surinder Nath Committee on Performance Appraisal, Promotion, Empanelment, and Placement for the All India Services (2003) and ● Hota Committee on Civil Service Reforms (2004).

Simultaneously, the Government of India has undertaken a host of governance reform initiatives cutting across different Ministries and Departments which include: ● Simplification of procedures and processes; ● e‐Governance and use of ICT tools; ● Business climate related reforms; ● Reforms in Police Administration; ● Judicial Reforms aimed at streamlining court processes; ● Initiatives for effective delivery of basic services and schemes; and ● Anti‐corruption initiatives.

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Necessary Pre-conditions for Good Governance An analysis of the barriers to good governance reveals that there are several preconditions which must be fulfilled in order to make governance citizen-centric. Some of the pre-conditions are: 1. Sound legal framework. 2. Robust institutional mechanism for proper implementation of the laws and their effective functioning. 3. Competent personnel staffing these institutions; and sound personnel management policies. 4. Right policies for decentralization, delegation and accountability.

Core Principles for Making Governance Citizen Centric The 2nd ARC report had provided a list of Core Principles for Making Governance Citizen- Centric. 1. Rule of Law-Zero Tolerance Strategy: All public agencies should adopt a zero-tolerance strategy towards crime, in order to create a climate of compliance with laws leading to maintenance of public order. 2. Making Institutions Vibrant, Responsive and Accountable: ‘Rule of Law’ requires institutions which are adequately empowered, properly structured and have the right quality of personnel and resources at their disposal for effective implementation. 3. Active Citizens’ Participation - Decentralization and Delegation: ARC Report has also made recommendations on encouraging participative governance by empowering local self- government. 4. Transparency: Transparency in decision making, disclosure of standards of delivery and openness in the everyday functioning of the administration are the hallmarks of a citizen- centric approach. 5. Civil Service Reforms: The attitude, competence, efficiency and approach of Civil Servants towards governance determines the experience that a citizen has with the government. Thus a comprehensive reform in civil services is required. 6. Process Reforms: After appropriate laws have been enacted, policies laid down and the institutional structure determined, it is important that the appropriate processes are put in place to ensure that they serve the citizens effectively and efficiently. These include a. Well-designed citizens’ charters with in-built penalties for non-adherence to commitments made, b. Independent, empowered and effective anti-corruption agencies and c. Innovative tools to involve citizens in government’s functioning. 7. Periodic & Independent Evaluation of the Quality of Governance: It has been aptly said that what is not monitored, never gets done. This underscores the need to periodically evaluate the quality of governance at all levels. This evaluation can be done internally as well as by external independent agencies.

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E-Governance Concept and analysis Background: ● The penetration of Information and Communication Technologies (ICT) has changed the way humans interact within the society. ● It has provided means for faster and better communication, efficient storage, retrieval and processing of data. ● It also provided exchange and utilization of information to its users, be they individuals, groups, businesses, organizations or governments. ● With growing computerization and increasing internet connectivity, this process has presently reached a stage where more and more users are motivated to modify their ways of doing things in order to leverage the advantages provided by ICT. ● The Societies are transformed into the “knowledge societies” and its inhabitants into knowledge “net-workers” who are more informed of the events happening locally and globally. ● People are now more aware of the rights and opportunities for them and are capable of making informed choices in all areas including the sphere of Governance. ● With the increasing awareness among citizens about their rights and the resultant increase in expectations from the government to perform and deliver, the whole paradigm of governance has changed. ● Information and Governance: The information plays a critical role in setting up of Governance mechanisms. Access to Information and Knowledge forms the basis of decision-making and concerted action. ● Judicious and well-informed decision-making is dependent on the quality and timeliness of information. Circumscription of information and knowledge with a few levels opens up avenues for its manipulation for exploitative purposes. ● ICT and Governance: ICT can influence the process of Governance by improving the current mechanisms of delivery of services and also help in transforming the entire mechanism and the nature of the services themselves. ● It can play a technical role in terms of automation of tedious tasks earlier done by humans. ● It can play a facilitative role and lead to more participatory and all-encompassing decision making and implementation processes. ● It can also play an innovative role to provide altogether new services and create new mechanisms to deliver these services.

What is E-Government? ● It is the use of the most innovative ICTs, such as the Internet, to deliver efficient and cost effective Government services, information and knowledge. ● The government agencies use information technology tools, such as Wide Area Networks (WANs), the Internet, satellite technology and mobile apps etc. to provide services to citizens instead of traditional paper and physical and presence. ● They have the ability to transform relations with citizens, businesses, and other arms of government. It can result in- Better delivery of government services to citizens. Improved interactions with business and industry. citizen empowerment through access to information, and More efficient government management.

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● All this means, less corruption, increased transparency, greater convenience, revenue growth, and/or cost reductions.

WORLD BANK DEFINITION The World Bank has defined e-government as “government-owned or operated systems of information and communications technologies (ICTs) that transform relations with citizens, the private sector and/or other government agencies so as to promote citizen empowerment, improve service delivery, strengthen accountability, increase transparency, or improve government efficiency”.

UNESCO definition of e-Governance “Governance refers to the exercise of political, economic and administrative authority in the management of a country’s affairs, including citizens’ articulation of their interests and exercise of their legal rights and obligations.

E-Governance may be understood as the performance of this governance via the electronic medium in order to facilitate an efficient, speedy and transparent process of disseminating information to the public, and other agencies, and for performing government administration activities.”

Principles for Success of e-Governance ● For the success of e-governance projects in its objective to empower people some principles should be followed: Use technology as an enabler. ● Using ICT as an enabler and not an end in itself. It is not of use to improve the efficiency of functions that the public sector should not be performing. ● Take into account current realities. E-government projects must show sensitivity to the realities of local communities with respect to their culture, values, structures and infrastructure. For ex: The provision of information in local languages. ● Participative process. It should focus on a participative process involving key stakeholders (users, operators, beneficiaries) to increase chances of success. Keep it simple.

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GOALS OF E-GOVERNANCE

Stages of e-Governance ● Computerisation: In the first phase, with the availability of personal computers, a large number of Government offices got equipped with computers. ● The use of computers began with word processing, quickly followed by data processing. ● Networking: In this phase, some units of a few government organizations got connected through a hub leading to sharing of information and flow of data between different government entities. ● On-line presence: With increasing internet connectivity, a need was felt for maintaining a presence on the web. This resulted in maintenance of websites by government departments and other entities. ● Online interactivity: A natural consequence of online presence was opening up communication channels between government entities and the citizens, civil society organizations etc. The main aim at this stage was to minimize the scope of personal interface with government entities by providing downloadable Forms, Instructions, Acts, Rules etc.

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Benefits of e-Governance

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Potential Clients in an e-Governance ● E-Governance aims to make the interaction between government and citizens (G2C): ● Government and business enterprises (G2B), ● Government and its employees (G2E) and ● Inter-agency relationships (G2G) are more friendly, convenient, transparent, and inexpensive. ● It involves following activities: Information and services in two ways – G2C and C2G; Regulation of information networks, certification and taxation networks; Activities related to government oversight, transparency and monitoring; Distance learning and digital literacy; Dissemination of culture and expanded appreciation of local identities; E-procurement; and Fostering e-business.

G2G (Government to Government) ● In this case, ICT is used not only to restructure the governmental processes involved in the functioning of government entities but also to increase the flow of information and services within and between different entities. ● This kind of interaction is only within the sphere of government and can be both horizontal i.e. between different government agencies as well as between different functional areas within an organisation, or ● Vertical i.e. between national, provincial and local government agencies as well as between different levels within an organisation. ● The primary objective is to increase efficiency, performance and output.

Examples: Khajane Project in Karnataka, SmartGov (Andhra Pradesh), PRAGATI (Pro-Active Governance and Timely Implementation).

G2C (Government to Citizens) ● In this case, an interface is created between the government and citizens which enables the citizens to benefit from efficient delivery of a large range of public services. ● This expands the availability and accessibility of public services on the one hand and improves the quality of services on the other. ● It gives citizens the choice of when to interact with the government, from where to interact with the government (e.g. service centre or from one’s home/workplace) and how to interact with the government (e.g. internet, fax, telephone, email, etc).

Examples Computerisation of Land Records, e-Courts, India Portal, Bhoomi Project: Online delivery of Land Records (Karnataka), eSeva (Andhra Pradesh), Project FRIENDS in Kerala, CPGRAMS (Central Public Grievance Redress and Monitoring System) Portal etc. G2B

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(Government to Business) Here, e-Governance tools are used to aid the business community – providers of goods and services – to seamlessly interact with the government. ● The objective is to cut red tape, save time, reduce operational costs and to create a more transparent business environment when dealing with the government. The G2B initiatives can be transactional, such as in licensing, permits, procurement and revenue collection. ● They can also be promotional and facilitative, such as in trade, tourism and investment. ● These measures help to provide a congenial environment to businesses to enable them to perform more efficiently.

Examples: GeM, e-Procurement Project in Andhra Pradesh and Gujarat, MCA 21 by the Ministry of Corporate Affairs, etc

G2E (Government to Employees) ● Government is by far the biggest employer and like any organisation, it has to interact with its employees on a regular basis. ● This interaction is a two-way process between the organisation and the employee. Use of ICT tools helps in making these interactions fast and efficient on the one hand and increase satisfaction levels of employees on the other.

Different Connotations of e-Governance ● e-Administration: The use of ICTs to modernize the state; the creation of data repositories for Management Information System (MIS) and computerization of records (land, health etc). ● e-Services: The emphasis here is to bring the state closer to the citizens. ○ For Examples: Provision of online services. ○ e-administration and e-services together constitute what is largely termed as e- government. ● e-Governance: The use of IT to improve the ability of the government to address the needs of society. ○ It includes the publishing of policy and program-related information to transact with citizens. ○ It extends beyond the provision of online services and covers the use of IT for strategic planning and reaching the development goals of the government. ● e-Democracy: The use of IT to facilitate the ability of all sections of society to participate in the governance of the state. ○ Emphasis is on bringing transparency, accountability, and participation of people. ○ It includes online disclosures of policies, online grievance redressal, e-referendums etc.

Origin

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● e-Governance originated in India during the 1970s with a focus on in-house government applications in the areas of defence, economic monitoring, planning and deployment of ICT to manage data intensive functions related to elections, census, tax administration etc.

Initial Steps Taken in this direction: ● The establishment of the Department of Electronics in 1970 was the first major step towards e-governance in India as it brought ‘information’ and its communication to focus. ● National Informatics Centre (NIC) established in 1977, launched the District Information System program to computerize all district offices in the country ● The main thrust for e-governance was provided by the launching of NICNET in 1987 – the national satellite-based computer network.

National e-Governance Plan: ● The National e-Governance Plan (NeGP), takes a holistic view of e-Governance initiatives across the country, integrating them into a collective vision, a shared cause. ● Around this idea, a massive countrywide infrastructure reaching down to the remotest of villages is evolving, and large-scale digitization of records is taking place to enable easy, reliable access over the internet. ● The ultimate objective is to bring public services closer home to citizens, as articulated in the Vision Statement of NeGP. ● Vision Statement of NeGP - "Make all Government services accessible to the common man in his locality, through common service delivery outlets, and ensure efficiency, transparency, and reliability of such services at affordable costs to realise the basic needs of the common man" ● The Government approved the National e-Governance Plan (NeGP), comprising 27 Mission Mode Projects and 8 components, on May 18, 2006. ○ In the year 2011, 4 projects - Health, Education, PDS and Posts were introduced to make the list of 27 MMPs to 31Mission Mode Projects (MMPs). ● The Government has accorded approval to the vision, approach, strategy, key components, implementation methodology, and management structure for NeGP. ○ However, the approval of NeGP does not constitute financial approval(s) for all the Mission Mode Projects (MMPs) and components under it. ● The existing or ongoing projects in the MMP category, being implemented by various Central Ministries, States, and State Departments would be suitably augmented and enhanced to align with the objectives of NeGP. ● In order to promote e-Governance in a holistic manner, various policy initiatives and projects have been undertaken to develop core and support infrastructure. ○ The major core infrastructure components are State Data Centres (SDCs), State Wide Area Networks (S.W.A.N), Common Services Centres (CSCs) and middleware gateways i.e National e-Governance Service Delivery Gateway (NSDG), State e-Governance Service Delivery Gateway (SSDG), and Mobile e-Governance Service Delivery Gateway (MSDG). ● New initiatives include a framework for authentication, viz. e-Pramaan and G-I cloud, an initiative which will ensure benefits of cloud computing for e-Governance projects.

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E-Kranti ● Government of India accords highest priority to the Digital India programme that is an umbrella programme for transforming India into a digitally empowered society and knowledge economy. ● The pillars 4 and 5 of the Digital India programme, namely ‘e-Governance: Reforming Government through Technology’ and ‘e-Kranti - Electronic Delivery of Services’ respectively are directly linked to the e-Kranti: National e-Governance Plan (NeGP) 2.0. The implementation of e-Kranti is vital for Digital India and for the delivery of e-governance, easy governance and good governance in the country.

Digital India Initiative ● Digital India is a campaign launched in 2015 by the Government of India in order to ensure the Government's services are made available to citizens electronically by improved online infrastructure and by increasing Internet connectivity or making the country digitally empowered in the field of technology. ● The initiative includes plans to connect rural areas with high-speed internet networks. Digital India consists of three core components: the development of secure and stable digital infrastructure, delivering government services digitally, and universal digital literacy. ● The initiative is both enabler and beneficiary of other key Government of India schemes, such as BharatNet, Make in India, Startup India and Standup India, industrial corridors, Bharatmala, Sagarmala. ● Vision of Digital India: The vision of Digital India programme is to transform India into a digitally empowered society and knowledge economy.

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Vision Areas of Digital India

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Pillars of Digital India

Initiatives Taken for e-Governance in India S.N. Program Details

1. National e-Vidhan It is a Mission Mode Project (MMP) under the Digital India Application (NeVA) Programme, that aims to bring all the legislatures of the Project country together, in one platform thereby creating a massive data depository without having the complexity of multiple applications.

2. Bhoomi Project Bhoomi is a self-sustainable e-Governance project for the (Karnataka): Online computerized delivery of 20 million rural land records to Delivery of Land 6.7 million farmers of Karnataka. Records

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3. KHAJANE It has been implemented mainly to eliminate systemic (Karnataka): End-to- deficiencies in the manual treasury system and for the end automation of efficient management of state finances. Government Treasury System

3. e-Seva (Andhra Designed to provide ‘Government to Citizen’ and ‘e- Pradesh) Business to Citizen’ services.

4. e-Courts Launched by the Department of Justice, Ministry of Law and Justice. The Mission Mode Project (MMP) aims at utilizing technology for improved provisioning of judicial services to citizens.

6. MCA21 Launched by the Ministry of Corporate Affairs. The project aims to provide electronic services to the Companies registered under the Companies Act.

7. e-Office Launched by the Department of Administrative Reforms & Public Grievances. The MMP aims at significantly improving the operational efficiency of the Government by transitioning to a "Less Paper Office".

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Development processes and the development industry

UNDERSTANDING CSO and NGO What is a Civil Society Organisation (CSO)?

CSOs are Non-State, not-for-profit, voluntary entities formed by people in the social sphere that are separate from the State and the market. CSOs represent a wide range of interests and ties. In the context of the UN Guiding Principles Reporting Framework, CSOs do not include business or for-profit associations.

As per World Bank defines CSOs include a wide array of organizations, community groups, Non-Governmental Organizations [NGOs], labour unions, indigenous groups, charitable organizations, faith-based organizations, professional associations and foundations. The idea of CSOs started having traction when many NGOs and voluntary groups started defying the authoritarian regimes during the 1980s.

They are independent of the states and are legally recognized, therefore sometimes referred to as the “third sector”. With the acceptance of global liberal organisation during the 1990s and the general role back of the states, there has been a growth of civil society organisation as an industry.

What are NGOs?

A non-governmental organization (NGO) is a non-profit, citizen-based group that functions independently of the government. Words CSOs and NGOs have been used interchangeably due to almost identical characteristics but as given above CSO is an umbrella term representing all Non-State, not-for-profit, voluntary entities.

NGOs are created to serve specific social or political purposes, and are cooperative, rather than commercial, in nature.

NGOs in India

It is hard to quantify just how big the sector is globally. However, one study says that NGOs across 40 countries represent $2.2 trillion in operating expenditures. That figure is larger than the gross domestic product of all but six countries. For the sake of comparing the scale of the sector with nations, it has been described as "Volunteer land” by academics.

India has around 3.2 million registered non-government organizations (NGOs). Indians have more per capita NGOs than hospital beds. The Central Statistical Organization of India states there are around four NGOs for every 1,000 people in urban areas and 2.3 NGOs for every 1,000 rural population. Their work spans a wide spectrum, from judiciary to legislatures to media. There is hardly any ministry that does not support or engage an NGO. Due to its wide reach it is often called the third sector.

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Characteristics of NGO

● Nature: Non-profit making, voluntary, service-oriented/ development-oriented organization ● Value driven: NGOs are driven by social values and humanitarian principles and hence they try to promote a value-based society. ● Autonomous: Usually not affiliated to political parties. ● Service Motive: Established for the community, with or without the intervention of the government. ● Finances: They create and maintain their own funds. They are not for profit or gain. ● Flexibility: NGOs are flexible in intervention. They are not bound by red tapism and bureaucratic obstacles. ● Catalytic: NGOs facilitate the communities towards social actions but they do not dilute and distort themselves in the process of intervention.

HISTORY AND EVOLUTION

Voluntarism had always been a part of Indian traditions. Even during the Rig Vedic period, voluntary organisations were the main source of welfare and development. It has become a part of our culture and a way of life. The voluntary efforts in the process of welfare and development have undergone evolutionary changes with changing emphasis on various experimental development programmes in India.

Period Activities ● Voluntarism in early days had its genesis in charity, philanthropy Pre-Independence and relief activities. Ex- The rules of Dharma Shastras. ● During the colonial period, voluntary efforts received a boost with new religious, cultural, political and social surroundings. Ex- colleges and institutes were established by educational societies. ● Social reformers like Raja Ram Mohan Roy, Rabindranath Tagore, Dayananda Saraswathi, Syed Ahmad Khan and Swami Vivekananda had focused their social actions against the rigid social evils and practices like Sati, Child Marriage, prohibition of widow remarriage and other caste-directed practices etc. ● The second half of the nineteenth century had witnessed a gradual evolution and growth of voluntarism in India. The establishment of the Friend-in-Need Society (1858), Prathana Samaj (1864), Satya Shodhak Samaj (1873), Arya Samaj (1875)etc. further strengthened the voluntary movement in India. ● The introduction of Mahatma Gandhi into the Indian political scene changed the face of the national movement and of voluntarism as well. Gandhiji propagated remaking of the nation on the basis of Swadeshi, Self-government and Self-sufficiency.

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● Many prominent followers of Gandhi inculcated Gandhiji's spirit of Post-Independence voluntary efforts. The most notable among these prominent followers were Acharya Vinoba Bhave, Jaya Prakash Narayan, Thakkar Bapa & others. This culminated in the idea of Bhoodan and Gramdan Movements in 1951 and 1952 respectively. ● The first two decades of independence till the mid- 1960s are Mid 1960-80s believed to be the phases of an intense process of nation-building. ● With the introduction of the planning in the year 1951 and with the launching of the community development programmes, the voluntary organisations redefined their role in the process of nation-building, particularly in the process of rural transformation and development. The National Extension Service (NES) focused on development with the self-help strategy. ● The establishment of CSWB (Central Social Welfare Board) also marked the beginning of government funding to the voluntary organisations through the Grant-in-aid. ● Association for Voluntary Agencies for Rural Development (AVARD) began in 1958 as a consortium of major voluntary agencies, coordinating voluntary efforts in rural development in the country. ● The Nehru Yuva Kendras, which were established at the grassroots level, offered opportunity to rural youths to participate in community services. Youth Clubs and Mahila Mandals operated in rural areas were involving themselves in extensional services and developmental programmes. ● The GO-NGO partnerships got an upward thrust in this period; NGOs' focus is more on Self Help Groups, Micro Credit and Livelihood. NGO participation is ensured in policy formation and programme implementation.

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● State minimalism, development activities being outsourced to Since 1990s NGOs. NGOs become mediators and managers of development processes as mentioned in the 7th FYP. ● The government provided funds to voluntary organisations for rural development through People's Action for Development of India (PADI). The foundation of CAPART (Council for Advancement of People’s Action and Rural Technology) (1986) was another milestone in the history of voluntarism in India and it became the supreme developmental agency for voluntary action in rural development. ● The Central Social Welfare Board established state level Social Welfare Advisory Boards in order to reach out to the local NGOs. ● The National Institute of Public Cooperation and Child Development (NIPCCD) were established to promote NGOs and their main aim was to provide training, support NGOs activities and promote liaison between government and NGOs. ● In the Eighth Five Year Plan, it was proposed that the grants-in- aid would be given to the voluntary sectors for innovative experimental schemes.

CLASSIFICATION OF NGOs IN INDIA

Types Function and Examples

Action groups for They work for the welfare of the depressed section of the society. depressed classes/victims Woman: SEWA, Jagori,

Children: Smile Foundation, CRY, Pratham

Elderly: Help age India

UDAAN: for disabled, Juvenile, orphans, minorities, Dalits

Cause related action groups for dam, nuclear power, and against police brutality

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Support groups They undertake research, studies, documentation and generate awareness.

Ex- PRS legislative, Centre of Science and Environment

Development and Help the economy through the economic empowerment of the charity groups people

Ex- Goonj: recycling waste

Honeybee: grassroots innovators

Political groups with Help in mobilisation of people for political articulation. They also political goals aggregate the interest of the various sections of the society.

Pre political groups They are anomic in nature. They don’t have a specific organisation and are formed for specific aims/causes usually short term in nature. Ex- India against corruption

Role of NGOs

Traditionally, NGOs can play three important roles, as an implementer, a catalyst, and a partner.

● The ‘implementer’ role refers to organisations that mobilise resources to provide goods and services that are wanted, needed or otherwise unavailable. The organisation can provide these services with its own resources or be contracted by the state or by a donor in return for payment. ● The ‘catalyst’ role refers to organisations that inspire, facilitate or contribute to developmental change among other actors at the organisational or individual level (i.e., grassroots organising, group formation or empowerment-based approaches). ● The ‘partner’ role refers to organisations that work with other institutions such as the government, donors and the private sector, sharing the risk or benefit of the joint work.

Need for NGOs

As India is a large country and as the population is huge, it may practically be difficult for the government to take care of all the activities, and the country definitely needs the support of the NGO in India to take care of the rest. ● The local NGOs can help the development of the region better as they are flexible in adapting to local situations and responding to local needs and therefore able to develop integrated projects.

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● They enjoy good rapport with people and can render assistance to very poor people especially in rural India. They are able to recruit both experts and highly motivated staff with fewer restrictions than the government. ● Non-governmental organisations (NGOs) act as the operational arm of the civil society and thus have an important role in the development processes. Following are few areas in which NGOs have been helpful: ○ Supplement and sustain the phenomenal growth achieved post liberalisation. Address the issues of exclusion of women, children and marginalized communities in the development process. ○ Stem the adverse consequences of inequitable growth like naxalism, farmer suicides. ○ Improve demographic attributes: India ranks 130th in the 2018 Human Development Index rankings. The Global Hunger Index for 2018 indicates that 38.4% of children under five in India are stunted. ● In such an environment civil society plays a key role in raising the concerns of people and ensuring that minorities are not neglected.

NGO IN DEVELOPMENT ROLES

Positives role

● NGOs are professional than political parties and pressure groups, thus they are not concerned with the party politics and focus on the efficiency of deliverable. ● Have proven their mettle: Many NGOs are internationally acclaimed for their constructive work. Ex- amnesty international and Red Cross have been awarded nobel peace prize for their works. Greenpeace organisation protested against the oil drilling in arctic region of Russia and whale poaching of Japan ● Even the United Nations and their organisation accommodate NGOs in policy formulation and involve active participation in developmental agenda. Ex- IPCC, formulation of SDGs ● Due to state minimalism, development is being outsourced to NGOs. Even international organisations like the World Bank partner with NGOs for project implementation. ● They have become an agent of empowerment at grassroots as they provide employment to a large number of youths. They also act as a bridge in negotiating developmental projects with the government. Ex- Narmada Bachao Yojana, Bhopal disaster rehabilitation. ● They become the agents for the voiceless like prostitutes, LGTBQ, HIV victims, disabled because they don’t form a vote bank and are generally neglected by mainstream political parties. “Medhavi”, an NGO based at Ahmedabad has rendered active assistance to 2, 50,000 homeless in Gujarat after the major earthquake. Spastic Society of India, working for the leprosy patients ● Some NGOs are playing a key role in protecting the environment. They have taken up activities like afforestation, prevention of water and air pollution etc. E.g.: Nasa Foundation, Ahmadabad, India. “Bandhu Mukti Morcha” a NGO played a crucial role in filing a public interest litigation to prevent exploitation of labourers at stone quarries. ● NGOs acquire and develop land. They provide basic amenities like wells, public toilets, and waste collection services. E.g.: Infosys has constructed Public toilets called “Nirmal” at many places in Bangalore city.

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Negative role

Famous NGOs Voice: Mumbai based NGO. Teaches underprivileged children at railway station. Youngs India: A UNICEF sponsored NGO. Prerana: NGO at Bangalore working for visually handicapped women. CRY: working for the betterment of children. Akshaya Patra foundation: Sponsored by ISKCON. Providing free mid-day meals to government school children at Bangalore.

● Playing an obstructionist role during negotiations. They tutor the victims to seek larger compensation to make the project unfeasible. Many NGOs run a PIL industry to create continuous obstruction for political and international gains. ● Harm the internal security: Obstruct the functioning of armed forces in Naxalite affected areas. They use the soft glove approach and have an apologist attitude towards insurgents, Maoist. Ex- PUDR. ● Animal rights over human rights: Monkey and street dog scare in Delhi but Animal right NGOs like PETA are against legally warranted vermin. ● They often cherry pick the issues based on donor priorities. Ex- Chipko movement was successful however NGOs failed to seek justice for the Bhopal gas tragedy victims. French funded NGOs are soft on Maoist, German NGOs are usually anti-GM food. US funded NGOs like greenpeace are against coal based thermal power generation in developing countries. ● Many NGOs have been accused of tax avoidance, there are complaints of absence of transparency and accountability based on laws. Ex- violation of FCRA act. ● Large NGOs have a centralised and well-oiled central bureaucracy, they are neither accountable to the government, the people they serve. They have become an empire within the empire. ● Many large NGOs work as propaganda agents or conduct popularity campaigns to corner large pieces of foreign funds. ● Many NGOs are also accused of funding political parties and indirectly influencing the election results. They support one party/ candidate over another for legislative favours. Ex- involvement of NGOs in civil nuclear deal.

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LAWS IN INDIA RELATED TO NGOs

Constitutional Corner ● Art 19(1)(c) - Right to form associations ● Art 43 - States making endeavor to promote cooperatives ● Schedule 7 - Mentions charitable institutions The following groups of laws governs societies, trust and charitable institutions in India: 1. Societies registration act 1860s and the various state amendments govern the societies in India. 2. Religious and charitable works done by charity organisations are governed by Religious endowment act 1863, the charitable and religious trusts act 1920, the Waqf act 1995 etc. 3. Trusts and charitable institutions are governed by Indian trusts act 1882, charitable endowments act 1890 etc. 4. Section 8 company: A Section 8 company is a non-profit company established for any one or more purpose/s: the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment or any such other object. Unlike trusts and societies, which are generally subject to state law, non-profit companies are governed by the Companies Act 2013.

National policy on voluntary sector 2007 ● This National Policy on the Voluntary Sector-2007 is the beginning of a process to evolve a new working relationship between the Government and the Voluntary Sector, without affecting the autonomy and identity of Voluntary Organizations. ● Policy was formulated to encourage, enable and empower an independent, creative and effective voluntary sector, with diversity in form and function, so that the voluntary sector can contribute to the social, cultural and economic advancement of the people of India.

Objectives of the policy are: ● To create an enabling environment for VOs that stimulates their enterprise and effectiveness, and safeguards their autonomy. ● To enable VOs to legitimately mobilize necessary financial resources from India and abroad; ● To identify systems by which the Government may work together with VOs. ● To encourage VOs to adopt transparent and accountable systems of governance and management.

Analysis of the policy on voluntary organizations: 1. The policy was framed in consultation with the various stakeholders however, most of the objectives of the policy have not been implemented. 2. VO were envisaged to be self-regulated to maintain transparency and accountability of the NGOs, but there have been overt regulation from the IB, CBI etc.

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3. The idea of a national accreditation agency, recognizing and rating the VO has not been implemented. 4. The diversity of the VO doesn’t warrant a “one size fits all approach”.

The role of NGOs, SHGs and Civil Society Organisation

A NGO is an organization consisting of private individuals who believe in certain basic social principles/ obligations and who structure their activities to bring about development to communities that they are servicing. NGOs are non-profit making, voluntary and service oriented organizations. Working on various issues like Environment protection, Save the Planet Earth, Disability, Science and Technology, Health, Agriculture, Animal welfare, Art and Culture, Education. NGOs are known by different names: Voluntary organizations (VOs), Voluntary Agencies (VAs), Voluntary Development Organizations (VDOs) and Non Governmental Development Organizations (NDGO). The World Bank defines NGOs as “Private organisations that pursue activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development.” In wider usage, the term, „NGO‟ can be applied to any non-profit organisation which is independent from the government.

The United Nations describes an NGO as: Any non-profit, voluntary citizens' group which is organized on a local, national or international level.Task-oriented and driven by people with a common interest, NGOs perform a variety of services and humanitarian functions, bring citizens‟ concerns to governments, monitor policies and encourage political participation at the community level. Characteristics of NGOs

● Believe in certain Basic social Principles. ● Assisting in empowerment of people. ● An independent, democratic, non-sectarian people’s organization working for the empowerment of economic and/or socially marginalized groups. ● Not affiliated to political parties ● They structure their activities to bring about development to communities they are servicing. ● Self-governing ● Programmes adopted by NGOs are welfare programmes and many a time it is government funded rural development programs. They are not supposed to make any profit out of this. ● NGOs as a rule do not generate their own funds completely but rely on external financial assistance from government agencies, both national and international.Types of NGOs: NGOs keep taking multiple works that can be categorized in one category or other.

Types of NGOs

● Traditional Development NGOs: These NGOs directly engage with the public at large, go to the villages, tribal areas and carry out grass root development work related to education, health, sanitation, rural development etc. Ex: treatment centre for leprosy patients run by Baba Amte in central India. ● Activist NGOs: They see activism as their primary means of reaching their goals, because they do not believe they could get the authorities to move in any other way. Perhaps the best-known example of an NGO in this category is the Narmada Bachao Andolan (Save Narmada Campaign).

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● Research NGOs: They carry out intensive and in-depth analysis of topic/issue and lobby with the government, industry or other agencies to influence public policy. ● Participatory orientation: It includes NGOs with participation of local people in the organization’s activities. It is characterized by self – help projects where local people are involved particularly in the implementation of projects by contributing cash, tools, land, materials, labor, etc. ● Empowering orientation: It is where the aim is to help poor people develop a clearer understanding of the social, political and economic factors affecting their lives, and to strengthen their awareness of their own potential power to control their lives.

NGOs can also be classified on the basis of their activity and the beneficiaries

1. Community-Based Organization: CBOs arise out of people‟s own initiatives. These can include sports clubs, women‟s organizations, neighbourhood organizations, religious or educational organizations. 2. City Wide Organization: It includes organizations like Rotary or Lion‟s Club, Chamber of Commerce and industry, coalitions of business, ethnic or educational groups and associations of community organizations. 3. Advocacy NGOs, the primary purpose of which is to defend or promote a specific cause, and influence the policies and practices of international organizations. 4. Operational NGOs, the primary purpose of which is the design and implementation of development- related projects.

NGOs and Voluntary Organisations: These terms, NGO and VO are generally understood as synonymous terms and are used interchangeably, but are different from each other in real sense. The NGOs need to be registered under some specific act and have a legal status; whereas VOs exist without any legal status. VOs are non-profit organizations, small in size and run outside the domain of state control; but NGOs are a later phenomenon. There is a relationship between the state and welfare NGOs.The VOs may be political or non-political in nature but NGOs are generally non-political in nature.

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Citizen Charter A Citizen Charter is a document that provides the commitment of a public institution towards standard, quality and timeframe of service delivery along with grievance redress mechanism. It is an understanding between the citizen and service provider about the nature of services that would be provided to the former.

History and Evolution

The concept of Citizens' Charter enshrines the trust between the service provider and its users. The concept was first articulated and implemented in the United Kingdom by the Conservative Government of John Major in 1991 as a national Programme with a simple aim: to continuously improve the quality of public services for the people of the country so that these services respond to the needs and wishes of the users. The Programme was re-launched in 1998 by the Labour Government of Tony Blair which rechristened it as Services First.

The basic objective of the Citizens Charter is to empower the citizen in relation to public service delivery.

Six principles of the Citizens Charter movement as originally framed, were:

(i) Quality: Improving the quality of services; (ii) Choice: Wherever possible; (iii) Standards: Specify what to expect and how to act if standards are not met; (iv) Value: For the taxpayers money; (v) Accountability: Individuals and Organisations; and (vi) Transparency: Rules/ Procedures/ Schemes/Grievances.

Evolution of Citizen Charter: The International Scene

The UK's Citizens' Charter initiative aroused considerable interest around the world and several countries implemented similar Programmes.

➢ Example:

Name of Country Citizen Charter

Australia Service Charter,1997

Belgium Public Service Users’ Charter,1992

Canada Service Standards Initiative,1995

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France Service Charter,1992

India Citizens’ Charter,1997

Jamaica Citizens’ Charter,1994

Malaysia Client Charter,1993

Portugal The Quality Charter in Public Services, 1993

Spain The Quality Observatory, 1992

Some of these initiatives are very similar to the UK model, while others chart new ground by leaning on the service quality paradigm of the Total Quality Management (TQM) movement.

Evolution of Citizen Charter: The Indian Scene ● Over the years, in India, significant progress has been made in the field of economic development. Citizens have become more articulate and expect the administration not merely to respond to their demands but also to anticipate them. ● It was in this climate that since 1996 a consensus had evolved in the Government on effective and responsive administration. ● In a Conference of Chief Ministers of various States and Union Territories held on 24 May, 1997 in New Delhi, presided over by the Prime Minister of India, an 'Action Plan for Effective and Responsive Government' at the Centre and State levels was adopted. ● One of the major decisions at that Conference was that the Central and State Governments would formulate Citizens' Charters, starting with those sectors that have a large public interface. ● These Charters were required to include standards of service and time limits that the public can reasonably expect, avenues of grievance redress and a provision for independent scrutiny with the involvement of citizen and consumer groups. ● Department of Administrative Reforms and Public Grievances in Government of India (DARPG) initiated the task of coordinating, formulating and operationalising Citizens' Charters. ● Guidelines for formulating the Charters as well as a list of the do's and don'ts were communicated to various government departments/organisations to enable them to bring out focused and effective charters. ● For the formulation of the Charter, the government agencies at the Centre and State levels were advised to constitute a task force with representation from users, senior management and the cutting edge staff. ● Primarily an adaptation of the UK model, the Indian Citizens' Charter has an additional component of expectations from the clients' or in other words obligations of the users'. ● Involvement of consumer organisations, citizen groups, and other stakeholders in the formulation of the Citizens' Charter is emphasised to ensure that the Citizens' Charter meets the needs of the users. Regular monitoring, review and evaluation of the Charters, both internally and through external agencies, are enjoined.

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The Charters are expected to incorporate the following elements :-

● Vision and Mission Statement; ● Details of business transacted by the organisation; ● Details of clients; ● Details of services provided to each client group; ● Details of grievance redress mechanism and how to access it; and ● Expectations from the clients.

Comprehensive Website on Citizens' Charters

A comprehensive Website of Citizens' Charter in Government of India (www.goicharters.nic.in) was developed and was launched by the Department of Administrative Reforms and Public Grievances on 31 May, 2002.

ISSUES WITH THE CITIZEN CHARTER IN INDIA ● Absence of rights-based approach, places the state services at the mercy of the administration. The charters are not enforceable in a court of law. ● Absence of rights-based approach, places the state services at the mercy of the administration. The charters are not enforceable in a court of law. ● Poor design and lack of institutional accountability. ● Non familiarity of service providers with the standards, philosophy and the main aim of service. ● Non motivated bureaucracy. ● Lack of public awareness regarding the services. ● Lack of institutional review of the process, absence of legal accountability of the administrators. ● Charters not prepared in vernacular language, effectively discriminates majority of the rural citizenry ● Absence of public grievance officer in many charters. ● Special needs of the vulnerable section of the society namely the elderly, the disabled etc have not been taken into consideration while forming the charter. ● A lethargic bureaucracy and the attitude to resist change creates behavioral blockage to reforms. ● Hierarchy gap between the Officers and the Operative Staff-Need of team effort. ● No funds have been specifically earmarked for awareness generation of Citizens' Charter or for orientation of staff on various components of the Charter; ● Adequate publicity to the Charters had not been given in any of the Departments evaluated.

Evaluation of Citizens' Charters ● During the Year 2002-03, DARPG engaged a professional agency to develop a standardised model for internal and external evaluation of Citizens' Charters in a more effective, quantifiable and objective manner. ● This Agency was also required to suggest methods for increasing awareness, both within the organisation and among the users, and to suggest possible methods for orientation of management and the staff in the task of formulating and deploying Charters.

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Key recommendations include: - 1) Need for citizens and staff to be consulted at every stage of formulation of the Charter. 2) Orientation of staff about the salient features and goals/ objectives of the Charter; vision and mission statement of the department; and skills such as team building, problem solving, handling of grievances and communication skills. 3) Need for creation of database on consumer grievances and redressal. 4) Need for wider publicity of the Charter through print media, posters, banners, leaflets, handbills, brochures, local newspapers etc. and also through electronic media. 5) Earmarking of specific budgets for awareness generation and orientation of staff. 6) Replication of best practices in this field.

SEVOTTAM MODEL In order to improve the delivery mechanism of public service, a new model of excellence was proposed as the sevottam model. It encapsulates seva(service) and uttam(excellence). The model was proposed in the 12th report on citizen centric administration in the 2nd ARC. The model has 3 modules: 1. Citizen charter 2. Public grievance mechanism 3. Service delivery capability Benefits of the Sevottam model The framework enables implementing organizations to undertake a systematic, credible and authenticated self-assessment (or ‘gap analysis’) for citizen-centric service delivery. Using this analysis, practical solutions are gradually and systematically incorporated into the organization’s day-to-day routine thereby ensuring sustainable results. There are broad ways in which the Sevottam model can be used: ● As a self - assessment tool by organizations already motivated to improve service delivery. ● As a requirement standard. ● As a benchmark assessment process to be established.

Assessment Framework

The assessment framework takes into account two kinds of questions: to assess basic compliance, and to assess quality of processes through which compliance is achieved.

Compliance Assessment

This part of the assessment acts as a screening mechanism to filter out organizations that do not meet the basic requirements to even enter the assessment process.Currently it consists of 5 criteria that ascertain whether the organization has started applying some tools that can improve

JATIN VERMA'S IAS ACADEMY service delivery and is therefore likely to benefit from the assessment process. The criteria are articulated in the form of questions that offer binary choices (“Yes/No”).

In case the organization does not clear these criteria, it indicates that building appreciation of the tools needs to be started in right earnest and gives pointers on what to do.

Sevottam in States: Four States namely, Himachal Pradesh, Karnataka, Madhya Pradesh and Orissa have adopted Sevottam for capacity building for poverty reduction pilot projects of quality management system. The Government of Himachal Pradesh selected Municipal Corporation Shimla for the first QMS Sevottam pilot project in 2008 - 2009. As a result, processes in issue of Electricity and Water Bills have been streamlined resulting in timely receipts and enhancement in the collection of revenue.The Grievance Redress Mechanism has been improved. Improvements have been made in functioning and monitoring of the Solid Waste Management Plant and financial arrangements have been made for procuring 33 new vehicles.A ‘User Manual’ for the sector has been created that will facilitate the replication of the process in other municipalities. The User Manual has been uploaded on DARPG website www.darpg.nic.in. The capacity of Himachal Pradesh Institute for Public Administration (HIPA) Shimla, has been built in this regard and funds have been provided for opening of a new ‘Training Centre on Sevottam’ in HIPA.

The Government of Karnataka selected the Department of Women and Child Development with vertical chain of service delivery for the Integrated Child Development Services in 7 Anganwadi centers in two villages of Badanaguppe in Chamrajnagar district and Mudlapura in Raichur district. The pilot project was started there in December 2008 and concluded in February 2010. This has been a very successful Sevottam pilot project. As part of capacity building a Sevottam training cell has been established in ATI, Mysore to train personnel for extending the service delivery framework in other organizations of Government of Karnataka.

The Madhya Pradesh Government has selected the Public Health and Family Welfare Department with vertical service delivery chain in J.P. Hospital, Bhopal; Community Health Centre, Gandhinagar; in Phanda Block of District Bhopal; Community Health Centers in Bairsia Block and Health Centre Tehsil Bairsia with PHFW service delivery units in 5 to 6 village clusters therein. Simultaneously, capacity building for training in QMS Sevottam model of the Madhya Pradesh State Administrative Training Institute is involved. Started in August 2009, the project is due to conclude in December 2010.

The Government of Orissa has selected the Food, Supplies and Consumer Welfare (FSCW) Department and its vertical chain of service delivery in Balipatna Block of Khurda District and simultaneous capacity building of State ATI, Bhubaneswar. The project begun in September 2009 and is due for conclusion in December 2010. (PIB Features).

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The ARC Seven Step Model for Citizen Centricity a. Define all services which you provide and identify your clients b. Set standards and norms for each service c. Develop capability to meet the set standards d. Perform to achieve the standards e. Monitor performance against the set standards. f. Evaluate the impact through an independent mechanism g. Continuous improvement based on monitoring and evaluation of results

All institutions should follow the above 7 steps in forming the 3 modules of sevottam model. With the formulation of the sevottam model, India became the first country to officially release a standard for quality management of public service delivery.

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011

The Bill refers to a ‘citizens charter’ which is a document that defines the standard of services to be provided by an entity.

Highlights of the Bill

● The Bill seeks to create a mechanism to ensure timely delivery of goods and services to citizens. ● Every public authority is required to publish a citizens charter within six months of the commencement of the Act. The Charter will detail the goods and services to be provided and their timelines for delivery. ● A citizen may file a complaint regarding any grievance related to: (a) citizens charter; (b) functioning of a public authority; or (c) violation of a law, policy or scheme. ● The Bill requires all public authorities to appoint officers to redress grievances. Grievances are to be redressed within 30 working days. The Bill also provides for the appointment of Central and State Public Grievance Redressal Commissions. ● a penalty of up to Rs 50,000 may be levied upon the responsible officer or the Grievance Redressal Officer for failure to render services.

Key Issues and Analysis

● Parliament may not have the jurisdiction to regulate the functioning of state public officials as state public services fall within the purview of state legislatures. ● This Bill may create a parallel grievance redressal mechanism as many central and state laws have established similar mechanisms. ● Companies that render services under a statutory obligation or a licence may be required to publish citizens charters and provide a grievance redressal mechanism.

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● The Commissioners may be removed without a judicial inquiry on an allegation of misbehaviour or incapacity. This differs from the procedure under other legislations. ● Appeals from the Commissions’ decisions on matters of corruption will lie before the Lokpal or Lokayuktas. The Lokpal and some Lokayuktas have not been established. ● Only citizens can seek redressal of grievances under the Bill. The Bill does not enable foreign nationals who also use services such as driving licenses, electricity, etc., to file complaints.

Conclusion:

● A Citizens’ Charter cannot be an end in itself, it is rather a means to an end - a tool to ensure that the citizen is always at the heart of any service delivery mechanism. ● Drawing from best practice models such as the Sevottam Model (a Service Delivery Excellence Model) can help Citizens’ Charter in becoming more citizen centric.

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Self Help Groups (SHGs) Self-help group is a method of organizing the poor people and the marginalized to come together to solve their individual problem. The SHG method is used by the government, NGOs and others worldwide. The poor collect their savings and save it in banks. In return they receive easy access to loans with a small rate of interest to start their micro unit enterprise. A Self Help Group is defined as a "self-governed, peer controlled information group of people with similar socio- economic background and having a desire to collectively perform common purpose."

Working of SHGs:

● An SHG normally consists of not less than five persons (with a maximum of twenty) of similar economic outlook and social status. ● The members of the group help each other to solve their problems. A reasonably educated but helpful local person takes the lead in mobilizing these people to form a group. ● The person, called animator or facilitator, helps the group members develop the habit of thrift and promote small savings among them. The group savings are kept in a common bank account from which small loans are given to members. ● After six months, the SHG can approach any bank for availing loan facility to undertake a suitable entrepreneurial activity. The group loan is distributed among the members to run a small business. The loan is repaid out of the profits earned.

Evolution of SHGs in India

The first organised initiative in this direction was taken in Gujarat in 1954 when the Textile Labour Association (TLA) of Ahmedabad formed its women’s wing to organise the women belonging to households of mill workers in order to train them in primary skills like sewing, knitting embroidery, typesetting and stenography etc. In 1972, it was given a more systematized structure when the Self Employed Women’s Association (SEWA) was formed as a Trade Union under the leadership of Ela Bhat.

She organised women workers such as hawkers, vendors, home based operators like weavers, potters, papad / agarbatti makers, manual labourers, service providers and small producers like cattle rearers, salt workers, gum collectors, cooks and vendors with the primary objective of

(a) increasing their income and assets;

(b) enhancing their food and nutritional standards; and

The overall intention was to organise women for full employment. In order to broaden their access to market and technical inputs, these primary associations were encouraged to form federations like the Gujarat State Mahila SEWA Cooperative Federation, Banaskantha DWCRA, Mahila SEWA Association etc. Currently, SEWA has a membership strength of 9,59,000 which is predominantly urban. In the 1980s, MYRADA – a Karnataka based non governmental organisation, promoted several locally formed groups to enable the members to secure credit

JATIN VERMA'S IAS ACADEMY collectively and use it along with their own savings for activities which could provide them economically gainful employment.

Major experiments in small group formation at the local level were initiated in Tamil Nadu and Kerala about two decades ago through the Tamil Nadu Women in Agriculture Programme (TANWA) 1986, Participatory Poverty Reduction Programme of Kerala, (Kudumbashree) 1995 and Tamil Nadu Women’s Development Project (TNWDP) 1989. These initiatives gave a firm footing to SHG movement in these states. Today, around 44% of the total Banklinked SHGs of the country are in the four southern States of Andhra Pradesh, Tamil Nadu, Karnataka and Kerala.

The positive experience gained from the above programmes has led to the emergence of a very strong consensus that the twin concepts of (a) small group organisation and (b) self- management are potent tools for economic and social empowerment of the rural poor. Efforts have been made almost in all parts of the country to adopt this model as a necessary component of the poverty alleviation programmes.

● Evolution of SHGs as a tool to empower is as long as the history of the development sector in India. SHG as an organized way for poverty eradication was emerged during the 7th Five Year Plan (1985-90). ● Formation of SHGs for savings and credit, and their linkage to commercial banks was initiated in India by MYRADA (Mysore Resettlement and Development Agency), an NGO, in the mid-1980s. ● However, SHGs as a tool to address poverty became significant only when the Reserve Bank of India (RBI) issued a circular in 1992 to link about 500 groups under the NABARD- SHG bank linkage pilot program. ● This success has led to mainstreaming of SHGs into the financial landscape and especially the Indian banking system, with about 94 million poor linked with banks through 7.5 Million SHGs, availing them of collateral free credit. ● The poor women of these SHGs in India collectively control the financial business with an annual turnover of Rs 100,000 crores ($17 Billion), much larger than many multi-national corporations in India. ● Simultaneously, a handful of large Indian NGOs have demonstrated that collectivization can lead to social and economic empowerment of the poor in the areas of health, bridging caste divides and gender inequalities. ● As a part of the poverty alleviation measures, the Government of India launched the Swarnjayanti Gram Swarozgar Yojna (SGSY) in April, 1999 where the major emphasis is on SHG formation, social mobilization and economic activation through micro-credit finance ● This success led to the genesis of a massive community mobilization initiative by the Government of India as National Rural Livelihoods Mission (NRLM) in 2011.

Benefits of SHGs

● According to some estimates, about 46 million rural poor women are mobilized through SHGs architecture. These organizations have been an effective vehicle, especially in providing financial intermediation solutions for unbanked rural women.

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● socio-economic benefits include economic self independence, participation in village affairs and awareness about education. ● Under National Rural Livelihood Mission, special attention has been given to women living below poverty line (BPL). The scheme has also focused on capacity building and institutionalization of SHGs. It has also helped in social mobilization, institution building, communization and creation of human resource. ● Regular process of group meetings helps women build social capital. It raises their status in the family and the society. ● Economic empowerment helps them take decision making role in the family. Thus help them break shackles of patriarchy. ● Research has also shown that Women practicing ‘participatory learning and action’ showed 49 % reduction in maternal mortality and 33 % reduction in neonatal mortality.

Issues related to SHGs

● Agricultural Activities: Most of the SHGs work at local level and engaged in agricultural activities. SHGs in rural areas should be introduced to non-agricultural businesses too and should be provided with state-of-the art machinery. ● Lack of Technology: Most of the SHGs work with rudimentary or no technology. ● Access of market: Also the goods produced by SHGs do not have access to larger market place. ● Poor Infrastructure: Most of these SHGs are situated in rural and far reach areas that lack connectivity via road or railways. Access to electricity remains an issue. ● Lack of training and capacity building: Most of the SHGs work on their own without outreach from the state for skill development and capacity building. ● Politicization: Political affiliation and interference has become a serious problem with SHGs. Political affiliation is also a major reason for group conflicts. ● Credit Mobilization: A study has shown that about 48% of the members had to borrow from local money lenders, relatives and neighbors because they were getting inadequate loan from groups. Also issues like hoarding of money was witnessed. ● System of monitoring: The general reports on the progress of SHGs show statistics of growth and spread of SHGs without questioning the process and internal health of the SHGs. ● Livelihood promotion: There is need to evolve a methodology for promoting micro enterprises among SHG members that can be replicated on a large scale.

Impact of SHG on the rural India

● Households covered under SHGs reported an increase in assets. ● The average value of assets per household increased ● The majority of the members developed savings habits. ● The share of consumption loan in the borrowing went down. ● Most of the loans taken in the post-SHG period went towards income generation ventures. ● Expansion of employment. ● The average net income per household increased. ● Participation in group activity significantly contributed to improvement of self- confidence among the members. In general, group members and particularly women became more vocal and assertive on social and family issues.

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● The structure of the SHG is meant to provide mutual support to the participants in saving money, preparing a common plan for additional income generation and opening bank accounts that would help them in developing credit relationship with a lending institution. ● It ultimately supports them in setting up micro-enterprises e.g. personalised business ventures like tailoring, grocery, and tool repair shops. It promotes the concept of group accountability ensuring that the loans are paid back. ● It provides a platform to the community where the members can discuss and resolve important issues of mutual concern.

While some of the SHGs have been initiated by the local communities themselves, many of them have come through the help of a mentor Body (either government or an NGO) which provided initial information and guidance to them. Such support often consists of training people on how to manage Bank accounts, how to assess small business potential of the local markets and how to upgrade their skills. In the end, it creates a local team of resource persons.

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Role of civil services in a democracy

Evolution of Civil services ● The roots of the civil service go back a long way in human history. The key to the survival of the ancient Egyptian civilisation that flourished as early as 3,000 BC, was the civil service – the historical model of all later bureaucracies. The waterways for the whole country needed central management, which required a body of scribes and officials. ● In China where the civil service has lasted from at least 200 BC, it played a crucial role in the preservation of the Chinese Empire from the time of Shi Hwangti. ○ In China, the civil servants were recruited on the basis of merit and enjoyed a well- defined career path and security of tenure. ● In Japan, the civil service provided continuity of administration since the Taika reforms of 645 AD, and that too, in spite of change of systems and transfer of power from one regime to another. ● Developing a civil service was an essential step in the process of nation-building in Europe. The modern bureaucratic state evolved in Europe, where the concept was considered such a breakthrough in administrative technology that it was transported to other countries.

Evolution of bureaucracy in India: ● In India, the legends of the Aryans speak of the evolution of the administrative apparatus. ● The gods, at war with the demons, were on the verge of defeat. In desperation, they got together and elected a king to lead them. ● The origins of the early Aryan administrative system may perhaps be traced to these legends. ● Kautilya’s Arthasastra stipulates seven basic elements of the administrative apparatus. These elements are embodied in the doctrine of the Prakrits. ○ They are: Swamin (the ruler), Amatya (the bureaucracy), Janapada (territory), Durga (the fortified capital), Kosa (the treasury), Danda (the army), and Mitra (the ally). ○ According to Arthasastra, the higher bureaucracy consisted of the mantrins and the amatyas. ○ While the mantrins were the highest advisors to the King, the amatyas were the civil servants ● A new stage in the evolution of the administrative order came at the time of Delhi Sultanate. ○ The Sultanate was initially a classical conquest state and it was necessary for the rulers to establish and consolidate their authority and control over the newly conquered territories. ○ This was done by assigning land on a temporary basis to the followers, who became the civil servants, while, at the same time, by transferring the holders of these assignments as frequently as possible to establish control over them. Such a system – the system of simultaneously appropriating a sizeable part of the social surplus and distributing it to the members of the ruling elite – so successfully

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introduced by the Delhi Sultanate – was adopted by contemporary states outside the Sultanate such as in Orissa and Vijayanagara. ● This system was responsible for bringing about a new conception of civil service which, through radically different from the Mauryan practice defined, in general, the structure and role of public bureaucracies in later years. ● The Mughal bureaucracy, for example, was based on the mansabdari system. Every mansabdar was invested with a mansab (a rank or a command) which determined his position in the Mughal bureaucracy. ○ The mansabdari system was essentially a pool of civil servants available for civil or military deployment. The mansabdari system, as it finally evolved, became a combination of the higher civil service, the peerage and the army, all rolled into an omnibus civil service organisation.

During British period: The civil service system in India during the British times was based essentially on the Mughal system, albeit with certain refinements. But the big changes came with the implementation of Macaulay’s Report. ● The Macaulay Report recommended that only the best and brightest would do for the Indian Civil Service. ● The ICS men were trusted agents of the British Government even though there were also many patriots among them. The ICS was the instrument of the imperial power, and the leaders of the Indian National Congress had made it clear during their struggle for independence that they wanted to abolish the ICS and all it stood for. ● After 1855, recruitment to the ICS came to be based totally on merit. The report of the Civil Service Commissioners pointed out that of those who entered the ICS between 1855 and 1878, more than two-thirds were university men, equipped with a liberal and finished education.

To get a deeper understanding and feedback on the issues pertaining to the civil services, the ARC formulated two comprehensive questionnaires: The questionnaires also highlighted the Commission’s approach to the key principles of civil services reform which need to be particularly emphasized. These are mentioned below. ● Setting right the asymmetry of power: It was noted that there is an imbalance in the exercise of power in governance. Often systemic rigidities, needless complexities and over- centralization make public servants ineffective and helpless in achieving positive outcomes. On the other hand, negative power of abuse of authority through flagrant violation of law, petty tyranny and nuisance value is virtually unchecked. ● Insulating civil servants from undue political interference: In a democracy, the civil service has to be answerable to the elected government. There is criticism, however, that increasingly partisan intervention and cronyism are undermining the Rule of Law, distorting incentives and condoning corruption. ● Professionalisation with stability of tenure and competition: There is a need to recognize the complex challenges of modern administration in various spheres of activities. Meeting such challenges require domain expertise and long experience in the sectors concerned.

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● Promoting public service values and ethics: Apart from the traditional civil service values of efficiency, integrity, accountability and patriotism, it is necessary for civil servants to inculcate and adopt ethical and moral values including probity in public life, respect for human rights and compassion for the downtrodden and commitment to their welfare.

Civil Services After independence: The civil services in India can be grouped into three broad categories. Services whose members serve both the Union and the State Governments are termed as All India Services. Services whose members serve only the Union Government are termed Central Civil Services. Apart from these, the State Governments have their own group of services – State Civil Services. The posts in the Union and the State Governments are hierarchically arranged into four Groups – Group A to Group D. ● Article 312 of the Constitution empowers Parliament to create the All India Services (AIS) on the fulfilment of certain conditions. The Indian Administrative and Police Services are deemed to be services created by Parliament under this Article. ● Section 3 of the AIS Act, 1951 and the rules and regulations made by the government prescribe the selection process for the IAS. Similar provisions exist for the IPS and the IFoS. ● The key objectives of government in creating the AIS are: (a) preserving national unity and integrity and uniform standards of administration (b) neutrality and objectivity - non-political, secular and nonsectarian outlook (c) competence, efficiency and professionalism - at entry by attracting the best and brightest and throughout the career (d) integrity and (e) idealism. The First Administrative Reforms Commission: ● Since Independence, there have been about fifty Commissions and Committees at the Union Government level to look into what can be broadly characterised as administrative reforms. ● The First Administrative Reforms Commission set up in January, 1966 was asked, in particular, to consider all aspects relating to the following subjects : ○ The machinery of the Government of India and its procedures of work; ○ The machinery for planning at all levels; Centre-State relationship; ○ Financial administration; ○ Personnel administration; ○ Economic administration; ○ Administration at the state level; District administration; ○ Agricultural administration; and Problems of redress of citizens grievances.

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A gist of the recommendations of the First ARC that are relevant to this Report are outlined below: ● Need for specialization: The first ARC recognized the need for specialization as the functions of Government had become diversified. A method of selection for senior management posts in functional areas and outside functional areas was laid down. ● Lateral Entry to the Civil Services: The general view was that only a few identified key posts could be thrown open for recruitment from the open market with civil servants also eligible to compete. ● Stability of Tenure: Most responses favoured statutory fixation of tenures for key posts. ● Fast Track Promotions: Fast track promotions and time-bound advancements in Pay Scales may be operated simultaneously i.e. promotion to a higher post should be available on clearing a screening process and those not passing this screening may also be placed in the higher scale of pay without being eligible to hold the higher post. This would ensure that competence is rewarded without causing demoralization. ● Making Non-performance Punishable : Many respondents suggested that gross failure to perform duties should be a ground for imposition of penalties. ● Relationship between Civil Servants and Political Leadership : There was general consensus that the relationship could be made more explicit by codification of dos and don’ts to be adopted by both the political executive and civil servants. There is also need to provide sanctions against the issue of illegal directions. ● Executive Agencies : Most respondents favoured creation of executive agencies in suitable cases particularly where formulation of policy and its execution fall in distinct spheres. ● Performance Management and Promotion: There was considerable support that confidential reports should not continue to be the sole determinant for promotions and that methods like interviews should also find a place in this process. ● Training: The consensus was that though training is useful for keeping civil servants up-to- date, it is not a substitute for formal professional and academic up-gradation if domain specialization and higher professional standards are to be achieved. ● Collector as Chief Coordinator: There was consensus for strengthening the role of the Collector as the ‘node’ of the State Government at the district level. ● Legal Framework: While some respondents favoured a Civil Services Law, others felt it may not serve the required purpose. ● Article 311: No respondent favoured repeal of Article 311 of the Constitution. ● Disciplinary Proceedings: It was generally felt that disciplinary procedures need to be simplified.

RECRUITMENT: The Union Public Service Commission – a Constitutional authority – has the mandate to recruit senior public servants for the Union Government. A similar role is played by the State Public Service Commissions for State Governments. ● The quality of governance is critically dependent on the quality of its public servants. A major determinant of the quality of government servants is the rigour and integrity of the recruitment process.

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● Therefore the recruitment process, apart from being transparent, objective, fair and equitable should also ensure that the right type of persons join the civil services. Views of Various Committees on the Stage of Entry ● The Public Services (Qualifications for Recruitment), Committee, 1955:“Finally, for the top-most grades we are definitely of the opinion that entry into these services should be restricted to graduates. This view is based on our opinion that for the highest Executive and Administrative services a maturity of outlook and cultural standard is required which, by and large, can naturally be expected of graduates. For these services, therefore, we recommend the age level of 21 to 23.” ● Committee on Recruitment Policy and Selection Methods (1976; Kothari Committee): This Committee suggested the continuance of the existing minimum educational qualification as a university degree. It also examined the age limit for eligibility. ● Committee to Review the Scheme of the Civil Services Examination (1989, Satish Chandra Committee): This Committee favoured the existing requirement of graduation as a qualification for taking the Civil Services Exam. It also examined the issue of age limit. This Committee touched upon the issue of qualification required and the age limit for the civil services examination. ○ It had the following to say: It is shown by research that there is a positive correlation between a higher level of education and performance in the Examination. Besides, considering the magnitude and importance of this examination, the graduate requirement seems to discourage the non-serious candidates who may apply in large number without any serious preparation and understanding for purpose of trial and may ultimately clog the system. ○ In view of this, it is essential to prescribe graduation as the minimum educational qualification as the candidates are expected to reach a certain level of, maturity by that time. In this way, it will work as a filter. ○ However, the Committee recommends that the candidates may continue to be permitted to take the Preliminary Examination while studying for their degree, as at present.

Modern administration involves facing complex challenges in critical sectors like public policy, policing, urban and rural development, delivery of justice, health care, education, land management, infrastructure, to name a few. These are intricate and often interrelated issues which require a set of knowledge and skills and an understanding that conventional university courses do not adequately provide because unlike other specialized courses, public administration as a subject has still not evolved into a full-fledged graduate course in our universities.

This underscores the need to introduce in our higher education curriculum, a formal degree course in public policy and management which is necessary and would be of immense value for a person seeking a career in the Civil Services. The syllabi in public policy and management must include an understanding and insight of our Constitution and laws, the political system, social and economic concerns, public services, human resource management and core principles of good governance.

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● In the long run, it is expected that the specialized centres of excellence (National Institutes of Public Administration) would evolve as the major source of recruitment to the civil services. ● The National Institutes of Public Administration will not only increase competition for selection in the public services by the education they provide to candidates, but will also facilitate admission to the disadvantaged and weaker sections of society by providing need- based scholarships to meritorious students. ● The Commission is of the view that this policy will serve the twin objectives of nurturing excellence and promoting inclusion. ● In this context, the proposed graduate level courses in public administration could be structured in the following manner.

Recommendations 1. Government of India should establish National Institutes of Public Administration to run Bachelor’s Degree courses in public administration/ governance/management. In the long run it is expected that these specialized centres of excellence (National Institutes of Public Administration) would evolve as major sources of civil services aspirants. 2. Selected Central and other Universities should also be assisted to offer such graduate level programmes in public administration/governance/public management which will produce graduates to further expand the pool of eligible applicants to the civil services. 3. The courses offered in these universities should include core subjects such as the Constitution of India, Indian legal system, administrative law, Indian economy, Indian polity, Indian history and culture apart from optional subjects. 4. Graduates of the above mentioned special courses from the National Institutes of Public Administration and selected universities would be eligible for appearing in the Civil Services Examinations. 5. Further, graduates in other disciplines would also be eligible to appear in the Civil Services Examination provided they complete a ‘Bridge Course’ in the core subjects mentioned above. 6. The Bridge course should be run by the same selected national institutes/universities, which conduct the graduate level courses stated. 7. Liberal need-based scholarships should be provided to students admitted to the Institutes/Universities. 8. An ‘Expert Committee’ should be appointed immediately by the Government in consultation with UPSC to develop the curricula and determine the admission policy to these selected institutes/universities. 9. This Committee should inter alia have the following terms of reference: i. Lay down norms for identification universities and institutes where the said courses would be conducted. ii. Design the content of the curricula for the said courses in public administration. iii. Prescribe the modalities for admission to these courses. iv. Prescribe the modalities and design of the bridge courses

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ARC recommendation on Age limit: ● The permissible age for appearing in the Civil Services Examination should be 21 to 25 years for general candidates, 21 to 28 years for candidates from OBC and 21 to 29 years for candidates from SC/ST as also for those who are physically challenged. ● The number of permissible attempts in the Civil Services Examination should be 3, 5, 6 and 6 respectively for general candidates, candidates from OBC, candidates from SC/ST and physically challenged candidates respectively. ● The present cut-off date for determining the eligibility in terms of age (i.e. 1st of August in the year of the examination) may continue.

Recommendations regarding Structure of Examination: ● Either of the following two models may be adopted for compressing the examination cycle. ● The Preliminary and Main Examinations for the Civil Services Examination would be conducted together on two to three consecutive days. Evaluation of papers for the Main Examination should be done in case of only those candidates who have secured a threshold level of marks in the Preliminary Examination. ● The personality test would follow thereafter. OR Based on the results of the Preliminary Examination, candidates eligible for taking the main examination and the personality test would be short listed in accordance with their rankings. Only these short-listed candidates would be eligible for appearing in the Main Examination, which would be conducted within two months of the Preliminary Examination. ● The short list would be limited to about two to three times of the number of vacancies available. Thus, it would be possible to start the Personality Test and the Main Examination almost simultaneously.

The Union Public Service Commission ● The first Public Service Commission was set up on October 1st, 1926 by the British Indian Government in response to the demands of the Indian leaders. ● The scope of this Commission was further widened under the Government of India Act, 1935 and the Commission was named the Federal Public Service Commission. After Independence, a constitutional status was accorded to it and it was called the Union Public Service Commission.

The Union Public Service Commission has been entrusted with the following duties and role under the Constitution: ● Recruitment to services & posts under the Union through conduct of competitive examinations; ● Recruitment to services & posts under the Central Government by Selection through Interviews; ● Advising on the suitability of officers for appointment on promotion as well as transfer-on- deputation; ● Advising the Government on all matters relating to methods of Recruitment to various services and posts;

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● Disciplinary cases relating to different civil services; and ● Miscellaneous matters relating to grant of extraordinary pensions, reimbursement of legal expenses etc. Thus, broadly the functions of the UPSC could be categorized as follows: a. Recruitment: Article 320(1) of the Constitution provides: “ It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively”. b. Promotions: Selections for the All India Services from the State Services are regulated by the respective promotion regulations/rules. These rules provide for a Selection Committee headed by the Chairman or a Member of the UPSC. Similarly, for the Central Services there is a provision for Departmental Promotion Committees to be headed by the Chairman or Member UPSC. Besides, for all Group A posts, wherever the respective Recruitment and Promotion Rules so provide, the UPSC is required to hold meetings of the Departmental Promotion Committees. c. Disciplinary matters: Article 320 (3) (c) of the Constitution provides: “The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted – on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters.” d. Miscellaneous matters Recommendations of ARC a. Promotion of officers through Departmental Promotion Committees (DPC), upto the level of Selection Grade may be delegated to the concerned Departments. The UPSC should supervise the functioning of these DPCs through periodic reviews, audit etc. b. In the case of disciplinary proceedings, consultation with the UPSC should be mandatory only in cases involving likely dismissal or removal of a government servant.

Civil Services Reforms suggested by NITI ayog Objective: To put in place a reformed system of recruitment, training and performance evaluation of the civil service to ensure more effective and efficient delivery of public services to achieve the development goals envisaged in New India 2022. Current Situation ● The Second Administrative Reforms Commission (ARC) was constituted in 2005 and in 2009, the Commission submitted around 15 reports on various aspects of governance, making 1514 recommendations. ● Of these, 1183 have been accepted by the central government. Decisions on the accepted recommendations have been sent to the relevant central ministries and state/union territories, with a request to set up an institutional mechanism to monitor their implementation. ● In the meantime, the demands on the civil service continue to grow with the ambitious programmes of the government.

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● These include, the introduction of a multi-stakeholder feedback (MSF) performance evaluation, dispensing with interviews for lower level positions, introduction of online mechanisms for appraisals and filing of various returns by employees, implementation of e- office, and strengthening training and merit-based postings. About 18 states and 7 union territories have also discontinued the practice of interview for recruitments to lower level posts. ● Encourage lateral entry: Inducting specialists at higher levels of government will provide much needed expertise. ● Nurture specialization: The key to reform in the civil services is encouraging officers to cultivate specializations based on their education and skills early on in their careers. Wherever possible, longer tenure postings need to be made based on the officers’ expertise. However, it is also necessary to ensure cross-sector mobility for civil servants from areas where they have become surplus to areas of emerging importance.

Constraints: Several constraints impede the development of a highly efficient, transparent and accountable civil service. 1. There is a mismatch between positions and skill sets.Recruitment is not competency specific and often, the right person is not placed in the right job. 2. A related issue is the opposition to lateral entry, which hinders the development process. As the complexity of the economy increases, policymaking becomes a specialized activity. This creates an inherent need for the lateral entry of professionals into government service. 3. There is a need to forecast staffing needs in the civil services. This could ideally be done on a five-year rolling basis. 4. There are instances of lack of employment opportunities in some areas, while there are many vacancies in others. 5. Attracting talent and nurturing excellence, ensuring transparency and accountability along with participatory and representative decision-making are some issues that need to be addressed.

Measures to be taken suggested by NITI ayog: ● Improve the teeth to tail ratio: Promote an officer-oriented culture and focus on expanding the numbers of officers. ● Objectivity in the recruitment and placement process: Widely disseminate job descriptions and selection criterion and eliminate elements of arbitrariness. ● Information Technology (IT): Use of IT needs to be significantly upscaled for planning, forecasting staffing requirements and recruitments. ● Hiring policies: The upper age limit for the civil services should be brought down to 27 years for the general category in a phased manner by 2022-23. Service conditions for employees of autonomous bodies need to be regulated and harmonized. ● Strengthen municipal corporation cadres: The number of staff at municipal corporations should be increased. Measures that monitor performance along the same lines as proposed for other services, including through online appraisals and biometric attendance, need to be introduced.

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● Reorient training: Alter the current system of training to meet job-outcome oriented goals. With economic gravity shifting towards cities, training should be reoriented to focus relatively more on managing urban areas. ● Introduce mid-career training modules for all services. ● Strengthen and leverage online avenues for training ○ Introduce pre and post-training matching of skills to determine postings. o Digitize human resource records across states. ○ Develop a competency matrix to monitor ongoing skill acquisition and help match requirements with resources in real time. ○ Institute an e-learning platform to conduct training modules. ● Introduce the ‘living university’ concept of value creation based on outcomes and good ideals. ● Institutionalize system for effective monitoring of suo moto disclosures: To bring further transparency to public affairs and adopt safeguards to promote accountability, effective monitoring of suo moto disclosures is essential. ● Protection of civil servants: Introduce an appropriate system of checks and balances, including for the process of suspension, to ensure that officers are given their due process and are not vulnerable to vested interests and political pressures. ● Revisit Allocation of Business Rules (AoBR)/ Transaction of Business Rules (ToBR): Every ministry/department should review their AoBR/ ToBR keeping in view present day requirements. ● Ensure probity in governance: Strengthen institutional mechanisms for prevention and detection of corruption. ○ Reviewing existing vigilance operating manuals and instructions to ensure probity. ○ Improving transparency in placement through initiatives in recruitment, placement and training. ○ Reviewing performance of officers based on probity. ● Strengthen implementation of a Centralized Public Grievance Redressal and Monitoring System (CPGRAMs): Develop a reform framework for the top twenty departments for periodic monitoring of grievance receipts. ○ A revised version of CPGRAMS became operational in January 2018, which enables citizens to monitor the grievances lodged by them on a single screen. An updated version that enables transfer of grievances between ministries/departments, bulk disposal of grievances and multiple forwarding will be operational shortly. ● The Department of Administrative Reforms & Public Grievances (DARPG) has analysed these grievances, identified the top grievance prone areas and their root causes and recommended systemic reforms to bring about improvements in service delivery. These initiatives need to be continued with greater vigour and over time; CPGRAMs should emerge as a strong mechanism for efficient redressal of public grievances with similar mechanisms across all states/UTs. ● Prompt delivery of services: Every department should seek to simplify their processes to cut administrative delays and ensure participatory feedback mechanisms for efficient service delivery. IT tools need to be expanded for single window clearances and stakeholder consultations in policy. ● Implementation of e-Office: Implementation of e-Office may be expedited in all ministries/ departments; all states/UTs may also be encouraged to adopt it.

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● Enhance capability of public authorities: The capabilities and knowledge base of central public information officers (CPIOs), appellate authorities (AAs) and information commissions need to be upgraded on a continuous basis to enable them to perform their assigned roles without external influence. ● Consider replacing annual confidential reports (ACRs) with multi stake holder feedback (MSF): ACRs could be replaced with MSF. It is important for MSF to be online to retain transparency and accountability. ● Institute goal setting and tracking: There is an inherent need to set key responsibility/focus areas and progressively reduce discretionary aspects to evaluate civil servants. ● Institute the online Smart Performance Appraisal Report Recording Online Window (SPARROW) template in all central and state cadres.

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Balanced Regional Development: Transforming Aspirational Districts

Balanced regional development is an important condition for the harmonious and smooth development of a country. It does not imply equal development of all regions of a country. Rather it indicates utilisation of development potential of all areas as per its capacity so that the benefit of overall economic growth is shared by the inhabitants of all the different regions of a country. Thus the regional balance implies a uniform distribution pattern of the planned investment among different regions of a country. Alternatively, regional balance demands distribution of investment in such a way that the regional rates of growth in different parts of the country be equally attained, eliminating the regional disparities prevailing in the country. Balanced regional development as a policy is considered both on economic, social and political grounds. The policy is considered in order to redress inequalities between different regions of a country and also for raising standard of living to a higher level at a uniform rate. The balanced regional development is broadly guided by the people in backward areas which can be attained simply through its development of agriculture, industry, infra-structure, trade and commerce. According to Mumford, “it is a problem of increasing habitability, a problem of social and economic renewal.” Thus, to attain regional balance, it is quite important that the backward regions should try to attain higher rates of growth than that of developed areas. The Second Five Year Plan documents of India observed in this connection, “In any comprehensive plan of development, it is axiomatic that the special needs of the less developed areas should receive due attention. The pattern of development must be so devised as to lead to balanced regional development.” Balanced regional development is advocated mostly for the following three economic considerations and other social considerations: 1. Utilisation of local resources: Balanced regional development paves the way for optimum utilisa-tion of resources available in different regions of the country. Over concentration of industrial activity into certain centres leads to wastage of local resources like raw materials, fuels, labour, skills, etc. for their non utilisation. 2. Expansion of Employment opportunities: will be expanded uniformly at a satisfactory rate under balanced regional development opportunities in different industries over different parts of the country. 3. Utilisation of Infra-structural Facilities:Balanced regional development paves the way for total utilisation of various infra-structural facilities like means of transport and communications, power resources, irrigation facilities, educational and health facilities developed in all the different regions of the country. 4. Socio-Political Arguments: Balanced regional development can remove those socio- political problems related to health, housing, law and order, cultural decadence etc. arising out of concentration of industries at a few points. Moreover, it can avoid the necessity of large scale emigration of labour to distant industrial centres through regional dispersion of industrial activity.

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5. Strategic Considerations: Balanced regional development favours regional dispersion of industrial activities under strategic considerations, i.e., under considerations of national defence and industrial security. Now-a-days, concentration of industries at a few points is risky as it becomes easy targets of attack and bombardment during wars.

Objective of TADP-The Aspirational Districts Programme ● To achieve balanced development in India by uplifting 115 districts, currently below the national average in the areas of health and nutrition, education, agriculture and water resources, financial inclusion and skill development, and basic infrastructure.

The Aspirational Districts Programme (ADP): ● The Aspirational Districts Programme (ADP) was launched on January 5, 2018, by the Honourable Prime Minister. ● Under phase-1 of ADP, 115 districts were identified based on the level of human development, physical infrastructure, threat of left wing extremism (LWE) and the views of state governments. Over 15 per cent of India’s population lives in these districts. ● A list of 49 target indicators has been developed by NITI Aayog. These will be regularly monitored for promoting improvements in health and nutrition, education, agriculture and water resources, financial inclusion and skill development, and basic infrastructure. ● In April 2018, NITI Aayog issued a ranking of these districts according to baseline data collated from secondary sources on these selected indicators. ● According to this, the top five districts are Vizianagaram (Andhra Pradesh), Rajnandgaon (Chhattisgarh), Osmanabad (Maharashtra), Cuddapah (Andhra Pradesh), and Ramanathapuram (Tamil Nadu) with a score ranging from 46.78 per cent to 48.13 per cent. ● The bottom five districts are Shrawasti (Uttar Pradesh), Kiphire (Nagaland), Singrauli (Madhya Pradesh), Asifabad (Telangana) and Mewat (Haryana) with a score ranging from 26.02 per cent to 28.13 per cent.

Need of balanced development: ● Despite economic progress in the country, if these places have remained underdeveloped, it is because they suffer from a host of contributing factors. ● Relatively poorer endowment of physical resources, lack of infrastructure, poor social capital. ● low standards of health, nutrition, education and skill, poor governance and ● Above all, inhabitants demotivated due to years of poverty and deprivation can be cited as major contributory factors.

Challenges: ● The constraints impeding the development of these districts are institutional; aggregating assistance from different sources and applying the principle of convergence indicates that paucity of funds is unlikely to be a major issue. ● Governance challenges:

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○ Governance inadequacy hampers the effective implementation of government schemes. ○ The institutional framework has been fragmented because of the multiplicity of implementing agencies and schemes. ○ There is no accountability on the part of either the government or district administrations ● Non-availability of periodical data makes it difficult to track progress and implement evidence-based policymaking. ● There is a lack of social awareness and community participation in development programmes. ● There is a lack of competitiveness among districts to improve developmental performance.

Proper Strategy for Regional Development: ● An examination of the existing criteria for the identification of backward areas of the country. ● Adoption of a selective and purposeful system of fiscal incentives so as to fulfill the basic objectives of expansion of employment opportunities, utilisation of available local resources, exploitation of local development potential, linkage effects, distributional impact, expansion of infra-structural facilities, etc. ● Proper co-ordination of development strategy formulated by various agencies, viz., the central and State Governments, financial institutions, private sector units, etc. ● Adopting location specific and appropriate project oriented programmes having importance on growth centre approach. ● Introducing a sustained programme of investment by the public sector to realise the objective of employment expansion and income distribution, if development of proper and adequate institutional framework to attain the development of backward areas.

Way ahead: ● The ADP aims to address governance issues by using a combination of approaches: lifting levels of aspirations through a vision and district plan, adequate institutional arrangements, convergence in all stakeholders’ efforts and above all, ranking based public competition among the districts by setting up a real-time monitoring mechanism. ● Creating a positive narrative of development by making development a mass movement Referring to these districts as ‘aspirational’ rather than ‘backward’ highlights the programme’s recognition that people are the most valuable resource to improve a district’s performance. Changes in people’s mind-sets and attitudes are critical to achieve progress. ● Setting off a virtuous cycle of growth in aspirational districts requires that people from all walks of life – especially those who have a track record of effecting change despite existing challenges – come together. The scheme’s design encourages states and district administrations to give a lead role to such champions of change to turn this initiative into a mass movement. ● Use data to inform decision-making and spur competition among districts Composite Index and Data: Across the selected dimensions, NITI Aayog has identified 49 key performance indicators (KPIs) with 81 data points. Extensive consultation with central

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ministries and knowledge partners informed the selection of these KPIs. An online dashboard allows for the tracking and display of district level data on a real-time basis. ● Converge initiatives across all levels of government: The ADP aims to ensure convergence between different government schemes while also seeking complementarity between public initiatives and private efforts of households (for example, choosing to attend a course on skill development). ● To achieve this, the action plan prepared by the district collectors of aspirational districts will identify the thrust activity, map existing schemes and their respective implementation agencies and set targets for rapid improvement.

Under the present circumstances, what is imperative is that in order to reduce regional imbalance, it is necessary to exploit the natural resources of backward regions, to work continuously in those directions where development is attained and also to attain a selective and judicious dispersal of the available resources so as attain rational and balanced regional development.

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Salient features of Representation of People’s Act

Introduction ● Article 327 of our constitution bestowed Power to the Parliament to make provision with respect to elections to Legislatures. ● Subject to the provisions of this constitution, Parliament may from time to time by law made provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State. ● In pursuance of this power, the provisional Parliament has enacted laws like the Representation of the People Act 1950 (RPA 1950), Representation of the People Act 1951 (RPA 1951) and Delimitation Commission Act of 1952 before the first general elections.

REPRESENTATION OF PEOPLE’S ACT 1950 The 1950 Act deals with the following provisions: 1. Qualification of voters. 2. Preparation of electoral rolls. 3. Delimitation of constituencies. 4. Allocation of seats in the Parliament and state legislatures.

RPA, 1950 Schedules: ● The First Schedule: Allocation of seats in the House of the People ● The Second Schedule: Total number of seats in the Legislative Assemblies ● The Third Schedule: Allocation of seats in the Legislative Councils ● The Fourth Schedule: Local authorities for purposes of elections to Legislative Councils

SALIENT FEATURES OF THE RPA, 1950 Candidature and Qualifications: ● Only an elector can be a representative. If a person is not qualified to vote, he cannot represent the people in parliament {both Lok Sabha and Rajya Sabha}. ● In case of Lok Sabha, if the seat is reserved for SC, a non-SC voter cannot be elected to that seat; if the seat is reserved for ST, a non-ST voter cannot be elected to that seat. He must be from these categories.

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Disclosure of Personal Information: ● The Election commission needs the candidates to disclose the information such as pending cases in the court, sentenced to imprisonment for one year or more, declaration of assets and sources of income, educational qualifications etc.

Election Expenditure: ● The Act prescribes setting up of limits on spending in elections by the candidates, however the actual limits are not prescribed in the Act, but are done by Rule 90 of the Conduct of Election Rules, 1961. ● They are changed from time to time to keep in sync with the times. ● Expenditure limit : Currently, a candidate can spend upto Rs.70 lakh, depending on the state they are contesting the Lok Sabha election. For larger states, the limit for MP candidates is 70 Lakhs, in smaller states it is 54 Lakhs. Expenditure limit in the Assembly Elections is Rs. 28 lacs in bigger states, while in Smaller states it is 20 Lakhs. ○ However, the actual campaign expenditure by candidates is at least 20 to 30 times these legal limits. ○ This also leads to corruption and criminalization of the political system. ○ Several measures have been recommended to curb such excess funding to be discussed in the issues related to RPA.

Disqualifications: Section 8 deals with disqualification of representatives on conviction for certain offences. This section states that if a person is convicted under the following acts will stand disqualified ● Protection of Civil Rights Act 1955, ● Unlawful Activities (Prevention) Act 1967, ● Prevention of Corruption Act 1988, ● any law providing for the prevention of hoarding or profiteering; or ● any law relating to the adulteration of food or drugs; or ● any provisions of the Dowry Prohibition Act, 1961 ● FEMA, laws related to Narcotics, terrorism acts, offences related to religious places and religious practices etc. ● A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. ● Section 8(4): Gives a time period of 3 months to file an appeal and allows continuation in office till its disposal. The Supreme Court calling this provision as ultra-vires of the Constitution struck it down in a landmark judgment in the Lily Thomas Case in 2013. ● Other Reasons for Disqualification: Offices of Profit ○ Section 9A: A person can be disqualified if he/she enters into a contract with any Government entity for the supply of goods to, or for the execution of any works undertaken by, that Government entity. ○ Section 10: A person would be disqualified if he/she is a managing agent, manager or secretary of any company or corporation.

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○ Section 10A: A candidate can also be disqualified, if the Election Commission is satisfied that a person has failed to lodge an account of election expenses within the time and in the manner required by or under this Act.

Delimiting Constituencies: ● The President of India has been conferred the power to amend orders delimiting constituencies, only after consulting the ECI. ● In Lok Sabha, there is a reservation of seats for Scheduled Castes and Scheduled Tribes. ● The ECI has the power to determine the constituencies to be reserved for scheduled tribes in the states of Meghalaya, Mizoram, Nagaland and Tripura.

Delimitation Commission The Delimitation Commission in a meeting reviewed the progress of work of redrawing parliamentary and assembly seats of UT of Jammu & Kashmir, Assam, Manipur and Arunachal Pradesh. Need for delimitation: ● The Commission will delimit the constituencies of Jammu and Kashmir in accordance with the provisions of the Jammu and Kashmir Reorganisation Act, and of Assam, Arunachal Pradesh, Manipur and Nagaland in accordance with the provisions of the Delimitation Act, 2002. ● After the bifurcation of J&K into two UTs the need to redraw the Assembly constituency boundaries has been felt . ● The delimitation in the four North-eastern states has been deferred earlier due to the security reasons. Recently, the government cancelled its earlier notification deferring delimitation in these states. About Delimitation: ● It means the process of fixing limits or boundaries of territorial constituencies in a state that has a legislative body. ● Article 82: This provides for the enactment of a Delimitation Act after every Census by the parliament. ● Article 170: The States also get divided into territorial constituencies as per Delimitation Act after every Census. ● The Union government sets up a Delimitation Commission once the Act is in force. ● For the present delimitation exercise, the population figures of 2011 census shall be taken as the basis. ● The delimitation will be done as per the Representation of the People Act, 1950 and provisions of the J&K Reorganization Act of 2019 as the J&K Representation of the People Act 1957 has now been invalidated.

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Who carries out the exercise? 1. Delimitation Commission or Boundary Commission. Composition: According to the Delimitation Commission Act, 2002, the Delimitation Commission appointed by the Centre has to have three members: ● Chairperson: a serving or retired judge of the Supreme Court as the, and ● Ex-officio members: The Chief Election Commissioner or Election Commissioner nominated by the CEC and the State Election Commissioner. 2. The orders of the commission have the force of law and they cannot be challenged before any court. 3. Enforcement of commission’s order is undertaken as per the date specified by the President of India. The copies of these orders are laid before the Lok Sabha or the concerned Legislative Assembly and no modifications are permitted.

Electoral Rolls: ● The 1950 Act permits the registration of persons in electoral rolls who are ordinarily resident in a constituency and persons holding: ○ Service qualification such as a member of armed forces, member of the armed police force of a state, serving outside the state, or central government employees posted outside India. ○ Certain offices in India declared by the President in consultation with ECI. ○ The wives of such persons are also deemed to be ordinarily residing in India. ○ There is a proposal for making some provisions gender-neutral by replacing the term ‘wife’ with ‘spouse’.

Chief Electoral Officer (CEO): ● Each state to have a CEO nominated or designated by the ECI in consultation with the state government to supervise the election work in the State or UTs. ● The ECI also nominates or designates an officer of the state as the District Election Officer (DEO) in consultation with the state government. The DEO works under the overall superintendence and control of the CEO.

Electoral Registration Officer (ERO): ● The ERO is responsible for the preparation of the electoral roll for each constituency (parliamentary/assembly). ● An appeal against the order of the ERO during the update of the electoral rolls now lies with the District Magistrate.

Returning Officer(RO): ● RO is responsible for the conduct of the election in a constituency and returns an elected candidate.

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● The ECI nominates or designates an officer of the government or local authority as the RO in consultation with the state government. ● Power to make rules under the act is conferred to the Central government, which can exercise this power in consultation with the ECI. ● The Civil Courts have also been barred to question the legality of any action of the ERO regarding revision of electoral rolls.

Election Petition: ● Any election can be called in question only through an election petition filed by the candidate or any elector within forty-five days from, but not earlier than the date of election of the returned candidate. ● Here, the "elector" means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not. ● Jurisdiction: It is the original jurisdiction of a High court to try an election petition. ● Fast Trial: Every election petition should be tried as expeditiously and efforts should be made to conclude the trial within six months from the date on which the election petition is presented to the High Court for trial. ● Appeal to Supreme Court: Within 30 days of judgment by the High Court, an appeal can be made to the Supreme court against the order.

Grounds for declaring election to be void: ● If the candidate was not qualified, or was disqualified on the date of results to be chosen to fill the seat under the Constitution or this Act or the Government of Union Territories Act, 1963. ● If any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent. ● If any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent.

THE REPRESENTATION OF PEOPLE’S ACT(RPA),1951 The 1951 deals with the following provisions ● It regulates the actual conduct of elections and by-elections. ● It provides administrative machinery for conducting elections. ● It deals with the registration of political parties. ● It specifies the qualifications and disqualifications for membership of the Houses. ● It provides provisions to curb corrupt practices and other offences. ● It lays down the procedure for settling doubts and disputes arising out of elections.

SALIENT FEATURES OF RPA,1951 ● Qualification: The Parliament has laid down the following qualifications (for contesting election) in the RPA,1951:

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○ A person must be an elector in the constituency. ○ The person must be a member of a Scheduled Caste or Scheduled Tribe in any state/UTs if he/she wants to contest a seat reserved for them. ○ The minimum age for becoming an MLA/MPs (Lok Sabha) is 25 years. ○ At the panchayat and municipality levels, the minimum age limit for contesting elections is 21 years. ● Right to Vote: Apart from Article 326 of the Constitution ( that guarantees UNIVERSAL ADULT SUFFRAGE), Section 62 of the RPA,1951 also ensures that every person who is in the electoral roll of that constituency is entitled to vote. ○ One person can vote at one constituency only and only for one time in a particular election. ○ If a person is confined in a prison, whether under a sentence of imprisonment or transportation, then he is not eligible for voting, however, in the case of preventive custody, he can vote. ○ In 2014, the ECI had said that the person under preventive custody had the right to vote, but not under-trials and convicts. However, the Act allows those serving sentences less than 2 years to contest elections from prison. ● NOTA Option: None of the Above was introduced in the ballot papers/ Electronic Voting Machine (EVMs) in General Election to the State Assemblies in 2013. ● VVPAT: Voter Verifiable Paper Audit Trail is an independent system attached with the EVMs that allows voters to verify that their votes are cast as intended. It was introduced in 2013, after the SC allowed the ECI for the ‘requirement of free and fair elections’ in its verdict in the People’s Union for Civil Liberties vs. Union of India case (2013). ● Provisions Related to Political Parties: Every association or body in order to become a political party must be registered with the ECI whose decision regarding registration will be final. ○ Registered political parties, in course of time, can get recognition as 'State Party’ or 'National Party’. ○ Change in name and address of a registered political party must be communicated to the ECI. ○ The ECI can not derecognise a party. ● Voluntary Contributions: Voluntary contributions by any person or company within India ( other than a government company) can be accepted by the registered political party. ○ A company can donate any amount of money to any political party. ○ There is no obligation of the company to report such donations in its profit and loss account. ○ It is mandatory for the political parties to submit to the ECI a list of donations they received above Rs. 2,000. This means, political parties cannot receive more than Rs 2000 as cash donations. ○ Now, political parties are eligible to accept contributions from foreign companies defined under the Foreign Contribution (Regulation) Act, 2010. ● Declaration of Assets and Liabilities: ○ Individuals contesting elections have to file an affidavit, declaring their criminal records, assets & liabilities and educational qualification. ○ After getting elected, MPs are required to file a declaration of assets and liabilities with the Speaker of Lok Sabha and the Chairman of Rajya Sabha.

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○ These declarations have to be made by MPs within 90 days of taking their seats in Parliament. ● Right to Information: Candidates need to furnish information whether he/she is accused of any offence punishable with imprisonment of 2 years or more in a pending case or has been convicted of an offence. ● Voting Through Postal Ballot: Any class of person can be notified by the ECI in consultation with the concerned government which can give their votes by postal ballot. ● Section 126 of the RPA, 1951: ○ 48 hours before the polling ends or concludes, displaying of any election matter by television or similar apparatus in a constituency is prohibited. ○ Section 126 is not applicable to the print media, news portals and social media. ■ Section 126A prohibits the conduct of exit poll and dissemination of its results during the period mentioned. ● Ceiling on Expenditure: A candidate contesting polls in large states can spend up to Rs 70 lakh in the Lok Sabha election and Rs 28 lakh in an Assembly election. ● Counting of Votes: ○ At every election where a poll is taken, the votes are counted by, or under the supervision of the Returning Officer (RO), and contesting candidate, his election agent and his counting agents. ○ Destruction, loss, damage or tampering of ballot papers at the time of counting must be reported by the RO to the ECI. ● Corrupt Practices: ○ All government or non-government officials are included within the scope of corrupt practices. ○ Bribery: Any gift/offer/promise or gratification to any person as a motive or reward. ○ Undue Influence: Any direct or indirect interference/attempt to interfere on the part of the candidate with the free exercise of any electoral right. ○ The publication by a candidate any statement of fact which is false in relation to the personal character/conduct of any candidate ○ The hiring or procuring of any vehicle by a candidate of any elector to or from any polling station. ● Promoting Enmity: ○ Any person who promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of citizens of India can be punished with imprisonment for a term which may extend to 3 years. ○ Prohibition of public meetings during a period of 48 hours ending with the hour fixed for the conclusion of the poll. ● Disqualification of MPs and MLAs: ○ The RPA, 1951 lays down certain rules for disqualification of MPs and MLAs. ○ Section 8 (3) of the Act states that if an MP or MLA is convicted for any other crime and is sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of release. ■ Even if a person is on bail after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election.

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○ Section 8(4) allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgment by the trial court. ■ The Supreme Court in July 2013 struck down section 8(4) of the RPA, 1951 and declared it ultra vires and held that the disqualification takes place from the date of conviction.

Significance of the Representation of People’s Acts ● Promotes democratic and participatory elections: The provision of direct election for every constituency makes the process of election more democratic and participatory by encouraging and empowering people to play an active role in choosing appropriate candidates. ● Equal Representation: The RPA,1950 provides for delimitation which brings equality in the process of election by ensuring roughly an equal number of electors in each constituency. ● Promotes federalism: The acts strengthened the federal polity of the country by giving due representation to each state in the Parliament. ● Decriminalizing Indian Politics: The RPA,1951 plays the significant role in breaking the politicians, police & criminal nexus (which is one of the greatest threats to the rule of law in India), by prohibiting the entry of persons with a criminal background into the electoral process, thus decriminalizing Indian politics. ● Accountability and Transparency: The RPA,1951 provides for the expenditure monitoring mechanism which ensures the accountability and transparency of the candidate in the use of public funds or misuse of power for personal benefits. ● Clean Election: The RPA,1951 prohibits corrupt practices like booth capturing, bribery or promoting enmity etc., and ensures the conduct of free & fair elections which in turn encourage political liberalization and democratization. ● Legible Political Funding: The RPA ,1951 provides that only those political parties which are registered under section 29A of the RPA, 1951 are eligible to receive electoral bonds, thus providing a mechanism to track the source of political funding and ensuring transparency in electoral funding.

COMMITTEES RELATED TO DECRIMINALIZATION OF POLITICS The Santhanam Committee Report 1963: It recommended the formation of a Vigilance Commission both at the Centre and in the States to weed out political corruption and called it more dangerous than corruption of officials. Vohra Committee Report (1993): The committee studied the criminalization of politics and of the nexus among criminals, politicians and bureaucrats in India. The report has not been made public by the government yet. Padmanabhaiah Committee on Police Reforms: ● It stated that the Corruption is the root cause of both politicization and criminalization of

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the ice. It established a relationship between Criminalization of police and criminalization of politics. ● According to the committee, it is the criminalization of politics, which promoted a culture of impunity and allowed policemen to get away with his sins of commission and omission.

Challenges ● False Disclosures: Even after the provision of the declaration of assets and liabilities in the RPA act, candidates do not disclose all the assets and provide wrong and incomplete information regarding their assets, liabilities, and income and educational qualifications. ● The Bureaucratization of Politics: In spite of the inclusion of several provisions aimed at making the ECI as an independent body, it is still dependent on the Union for financial matters that paves the way for political parties to manage to get the officers in their favour through money and muscle power. ● Dual Responsibility of the ECI: The ECI does not have independent staff of its own so whenever elections take place, it has to depend upon staff of Central and State Governments hence the dual responsibility of the administrative staff, to the government for ordinary administration and to the ECI for electoral administration is not conducive to the impartial and efficient functioning of the Commission. ● Misuse of Government Machinery: The RPAs lack clear provisions and guidelines on the matters related to the misuse of official machinery that gives an unfair advantage to the ruling party at the time of elections and leads to the misuse of public funds for furthering the prospects of candidates of a particular party. ○ The misuse of official machinery takes different forms, such as the issue of advertisements at the cost of government and public exchequer highlighting their achievements, etc.

Way ahead: ● False Declaration as Offense: The RPA ,1951 should be amended to include all the items related to the election disclosure in the affidavit and making false declarations in connection with the election to be an offence. ● Independent ECI: In order to curb the practice of bureaucratization of politics and to secure complete independence of the Election Commission, its expenditure should be charged on the Consolidated Fund of India. ● De-listing of Valid Electorates: Parliament must pass a law dealing with the serious problem of delisting of valid electors from electoral rolls because illiterate electorates residing in far villages cannot watch over the publication of voter lists. ● State Funding of Elections: To minimise the role of money in elections, provisions should be made for state funding of elections.

Committees recommending state funding of elections: ● Indrajit Gupta Committee on State Funding of Elections (1998)

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● Law Commission Report on Reform of the Electoral Laws (1999) ● National Commission to Review the Working of the Constitution (2001) ● 2nd Administrative Reforms Commission (2008)

The ECI should become more prudent and proactive to ensure the fairness and transparency of the general election and wipe away any doubt regarding its integrity as an esteemed institution.

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Water Management, Institutional Reforms and Conservation Efforts Waterfalls under the state list of the Constitution and participation of states is crucial to make the mission of providing clean drinking water a success. Article 51A of the Indian constitution states “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and have compassion for living creatures.”

Article 21 of the Indian Constitution assures the citizens of India the right to a healthy environment which includes clean drinking water.Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments, water storage and water power.Entry 56 of Union List empowers the Union Government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.

According to Article 262, in case of disputes relating to waters: ● Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley. ● Parliament may, by law, provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as mentioned above.

Water management authorities in India: ‘Jal Shakti’ ministry: The new ministry has been formed by merging the Ministry of Water Resources, River Development and Ganga Rejuvenation and Ministry of Drinking Water and Sanitation. The new ministry will encompass issues ranging from providing clean drinking water, international and inter-states water disputes, to the Namami Gange project aimed at cleaning Ganga and its tributaries, and sub tributaries. The Central Water Commission (CWC) was established in 1945, is in charge of surface water and creating storage structures such as dams and medium-scale reservoirs. At the state level: The state legislations are enacted with a single objective of providing and regulating water supply in the state or with a dual objective of water supply in the state and the setting up of corporations or Jal boards for the same.The acts also empowers Jal boards to monitor functioning of local authorities in charge of water supply.

Effects of water contamination: Endangers economic growth: When Biological Oxygen Demand (BOD) – A World Bank report found that when Biological Oxygen Demand — an index of the degree of organic pollution and a proxy for overall water pollution — crosses a threshold of 8 milligrams per liter, GDP growth in downstream regions drops by 0.83 percentage points, about a third for the mean growth rate of 2.33 percent used in the study. 72

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Diseases: Cholera, Minamata, itai itai, Blue Baby Syndrome, Skeletal, Fluorosis, Black foot disease, Sick building syndrome(SBS) etc.

Water crisis in India: The country has 16 per cent of the world's population and only 4 percent of the world's water resources at its disposal. India ranks 120 among 122 countries on the Water Quality Index released by WaterAid. In the 'Composite Water Management Index' report, the NITI Aayog pointed out that nearly 70 percent of India's water is contaminated.In states like Uttar Pradesh, Bihar, West Bengal, Chhattisgarh, Jharkhand and Odisha, the coverage of clean drinking water is less than five percent.Nearly 600 million Indians faced high to extreme water stress and about 2,00,000 people died every year due to inadequate access to safe water. Twenty-one cities, including Delhi, Bengaluru, Chennai and Hyderabad will run out of groundwater by 2020, affecting 100 million people, the study noted.Currently, less than 20 per cent of rural households have access to piped water; hand pumps are their main source of potable water. If matters are to continue, there will be a 6% loss in the country’s Gross Domestic Product (GDP) by 2050, the report says.Deteriorating water quality is stalling economic growth, worsening health conditions, reducing food production, and exacerbating poverty in many countries," says the World Bank’s report, called 'Quality Unknown: The Invisible Water Crisis'. Unregulated groundwater extraction and Groundwater contamination: India is the third largest exporter of groundwater -- 12 percent of the global total. Aquifers in as many as 16 States in the country are contaminated by uranium, whose presence in drinking water has been linked to chronic kidney disease. Also uranium doesn’t figure on the list of contaminants monitored under the Bureau of Indian Standards’ drinking water specifications.

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Government initiatives: Flagship Jal Jeevan Mission, the Centre aims to provide safe piped water to all households by 2024. National Rural Drinking Water Programme is a centrally sponsored scheme aimed at providing every person in rural India with “adequate, safe water” for drinking, cooking and other domestic basic needs in a “sustainable manner”, according to the ministry of drinking water and sanitation website. Issuance of directions under Section 5 of Environment (Protection) Act, 1986 to industries and under Section 18(1)(b) of Water(Prevention and Control of Pollution) Act, 1974; The Water (Prevention and Control of Pollution) Cess (Amendment) Bill 2000: According to the Union ministry of environment and forests, the amendment would go a long way in checking groundwater contamination caused by the industry. National Coastal Zone Management Authority (NCZMA) and State Coastal Zone Management Authority (SCZMA) for enforcement and monitoring of the CRZ Notification. National Water Quality Monitoring Programme (NWQMP): The Central Pollution Control Board (CPCB) in association with State Pollution Control Boards (SPCBs) / Pollution Control Committees(PPCs) is monitoring the quality of water bodies at 2500 locations across the country under National Water Quality Monitoring Programme (NWQMP) which indicate that organic pollution is the predominant cause of water pollution. National Lake Conservation Plan (NLCP) and National Wetland Conservation Programme (NWCP) for conservation and management of identified lakes and wetlands in the country which have been merged into an integrated scheme of National Plan for Conservation of Aquatic Eco-systems (NPCA) to undertake various conservation activities. The National Water Mission (NWM), a part of the National Action Plan on Climate Change (NAPCC), identifies the threat to water resources in India due to climate change in terms of the expected decline in the glaciers and snow-fields in the Himalayas;

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Way ahead: ● A fresh approach towards rivers and water bodies to impose discipline on water consumption: NITI Aayog stressed that India’s environmental challenges — be it about water or degrading soil quality — are rooted in policy decisions taken without factoring in India’s needs ● Regulations needed:It has said that free electricity has made people drill deeper to get water for irrigation and is turning large parts of States such as Punjab, Rajasthan and Haryana barren. ● The Prime Minister’s Office (PMO) is receptive to the idea of forming the proposed National Water Commission (NWC) by merging the Central Water Commission (CWC) and the Central Ground Water Board (CGWB). ■ The NWC was the key recommendation of a report submitted by Mihir Shah committee that was tasked with reorganising river water management in the country ● Power with states: As of today, States must get a technical clearance from the CWC before they can go ahead with constructing dams and other reservoirs ○ With NWC into existence, this power would devolve to the States and other research institutions NWC would be a research organisation and a repository of data on India’s river basins.

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Policies

Draft National Education Policy, 2019

● The Draft National Education Policy, 2019 prepared by a committee chaired by Dr K.Kasturirangan has been shared by the Ministry of Human Resource and Development for public comments. ● The policy aims at making India a knowledge superpower by equipping students with the necessary skills and knowledge. ● It also focuses on eliminating the shortage of manpower in Science and Technology, academics and industry. ● The Draft Policy is built on foundational pillars of Access, Equity, Quality, Affordability & Accountability.

Salient features of the draft: ● The policy covers school education, higher education and professional education which in turn include agricultural education, legal education, medical education and technical education. ● It also looks at the verticals of vocational education by including teacher education and the research and innovation. ● The early child care and education have been sought to be integrated within the Ministry of Education (a changed name has been suggested for the Ministry of Human Resource and Development - MHRD). ● The policy also tries to focus on certain foundational skills that children should have in the proposed new structure of 5+3+3+4. ● The foundational literacy and numeracy skills is a mission mode approach under it that includes National Tutors’ Program, remedial instructional aid programmes etc. ● It considers nutrition as very critical for strengthening the levels of 3-8 years of children. ● The first stage of five years (for children of 3-8 years of age) i.e.foundational stage looks at discovery learning and learning by play. ● The next stage is Preparatory Stage for the children in the age group of 8 to 11 years (grades 3 to 5) followed by the Middle Stage (grades 6 to 8) for the students in the age group of 11-14 years and the Secondary Stage (Grades 9-12) for students in the age group of 14-18 years. ● A State regulatory authority has been suggested for regulating education in the country. ○ The body will decide the accreditation of different schools. The government will continue to fund and operate education in the country. ● Restructuring of the higher education system into Tier 1, Tier 2 and Tier 3. ○ Tier 1 includes research universities focusing equally on research and teaching. ○ Tier 2 includes teaching universities focusing primarily on teaching; ○ Tier 3 includes colleges focusing only on teaching at undergraduate levels.

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● All such institutions will gradually move towards full autonomy - academic, administrative, and financial. The idea is to spread ‘research culture’ at the undergraduate level. ● The policy also talks about a National Scholarship Fund to financially support students for higher education. ● Promotion of classical and regional languages have been emphasised upon. ● The policy also proposes to increase the class of compulsory education up to grade 12 (age- 18). ● The Right of Children to Free and Compulsory Education Act or Right to Education Act - RTE, 2009 (represents Article 21-A of the Indian Constitution) made education, a fundamental right of every child between the ages of 6 and 14. ● The policy aims to achieve a fully literate society where all adults are literate by 2030 or so.

Controversy Over the Three Language Formula ● The government has removed the ‘three language formula’ from the draft policy. ● The three-language formula, dating back to 1968, means students in Hindi- speaking states should learn a modern Indian language, apart from Hindi and English and, in non-Hindi- speaking states, Hindi along with the regional language and English. ● The intention behind the formula was for the symbiotic relationship between the languages. ● One can see a clear partition of languages between the Southern states and the Northern states. ● The Kothari Commission in 1964 also advocated that students from the north should study one language from the south and students from southern states should learn the northern languages including Hindi. ● In the South, especially in Tamil Nadu, there was agitation on the imposition of Hindi.

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Factors Considered while Framing the Policy ● The National Policy on Education, 1986 which was modified in 1992, required changes to meet the contemporary and futuristic demands of India. ● The policy looks at education in a continuum. The journey of learning for a child is not segmented. ● The new structure proposed in the policy is from the perspective of curricular and pedagogical reasons, not from the point of infrastructure as there may be schools offering education up to only class 3. ● At the age of 3, 4 and 5, there is a great potential for the development of mind as well as creative aspects in a child. Proper nutrition is necessary for the same. ● Many sectors of education or touching upon education being outside the periphery of the Ministry of Human and Resource Development (MHRD). ● As India is at a lower position in the research index, the development of research culture among the students has been taken into consideration. ● The Government of India, playing multiple roles i.e. funding,producing, assessing and regulating education in the country.

Issues in draft policy: ● There is less consensus on the integration of foundational learning with schooling. In Europe, compulsory education only begins at the age of 6. ● In certain countries like Denmark, Germany and Finland, compulsory education begins at the age of 7. ● There needs to be a discussion on whether literacy and numeracy skills should be developed during the time of foundational learning. ● In the draft policy, there is no mention of how the State regulatory body will regulate the government institutions. ● A constitutional amendment is required to change the limits for compulsory schooling in the country. ● Also, increasing the limit on the higher side i.e. up to the age of 18 is not consistent with the limits across the world. Also, it is a very expensive proposition. ● There is not enough capacity in the country to provide for teachers’ education. Also, M.Ed has been given less importance under the policy. The focus has been more on B.Ed.

Other Issues ● Clear trends in ASER-2019 data ○ First trend: Scope for expansion of Anganwadi network. ○ Expansion network: There is considerable scope for expanding Anganwadi outreach for three and four-year-old children. ○ All-India data from 2018 shows that slightly less than 30 per cent children at age three and 15.6 percent ● Second trend: Under 6 students in class I ○ ASER 2018 data show that 27.6 per cent of all children in Std I are under six.

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○ It is commonly assumed that children enter Standard I at age six and that they proceed year by year from Std I to Std VIII. ○ The Right to Education Act also refers to free and compulsory education for the age group six to 14.

Implementation of the Right to Education Act (RTE): Section 12(1)(c) of the RTE Act Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.

Constitutional Background ● Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a provision for state funded as well as equitable and accessible education. ● The first official document on the Right to Education was Ramamurti Committee Report in 1990. ● In 1993, the Supreme Court’s landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh & Others held that Education is a Fundamental right flowing from Article 21. ● Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A. ● The 86th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution. ● The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years. ● The 86th amendment provided for a follow-up legislation for Right to Education Bill 2008 and finally Right to Education Act 2009.

Salient Feature of Right to Education (RTE) Act, 2009 ● The RTE Act aims to provide primary education to all children aged 6 to 14 years. ● It enforces Education as a Fundamental Right (Article 21). ● The act mandates 25% reservation for disadvantaged sections of the society where disadvantaged groups include: ○ SCs and STs ○ Socially Backward Class ○ Differently abled ● It also makes provisions for a non-admitted child to be admitted to an age appropriate class. ● It also states that sharing of financial and other responsibilities between the Central and State Governments. ● It lays down the norms and standards related to: ○ Pupil Teacher Ratios (PTRs) ○ Buildings and infrastructure ○ School-working days ○ Teacher-working hours

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● The RTE Act has successfully managed to increase enrolment in the upper primary level (Class 6-8). ● Stricter infrastructure norms resulted in improved school infrastructure, especially in rural areas. ● More than 3.3 million students secured admission under 25% quota norm under RTE. ● It made education inclusive and accessible nationwide. ● Removal of “no detention policy” has brought accountability in the elementary education system.

Section 12(1)(c) of the Act mandates private unaided schools to reserve 25% of seats for children from economically weaker sections (EWS), in the age bracket of six to 14 years.

This enabled economically marginalised communities to access high quality private schools, at the expense of the State.

Very less number of seats are being filled under Section 12(1)(c) of the act ● The data regarding the number of children admitted under Section 12(1)(c) of the Act are also distressing. ● The number of children studying under this provision increased by 6,12,053 from 2014-2015 to 2015-16, but by 5,02,880 from 2015-16 to 2016-17. ● The State of the Nation 2015 report by IIM Ahmedabad puts the total number of seats under this provision as 1.6 crore over the next eight years ● This means that 20 lakh seats should be available annually for EWS children in private schools under the Act.However, only 5-6 lakh seats are being filled on an annual basis.

Majority of states have not notified the per-child costs: A provision under the RTE Act ● States have to notify per-child costs to pay the private schools, on behalf of the children admitted under this provision. However, out of 29 States and seven Union Territories, only 14 have notified their per-child costs. ● The provision does not apply to Jammu and Kashmir and there are no private schools in Lakshadweep.

Issues with reimbursing the claims of state governments ● It is also shocking to note that in 2017-18, of the 15 States which submitted their reimbursement claims to the Central government, only six were approved ● Many of the claims of the States were not provided funds by the Centre, as they had not notified the per-child costs

Way forward:

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● The executive is responsible for the implementation of RTE and the legislature has the duty to hold the executive accountable. ● Neither – judging by the evidence – has done its job properly. ● The RTE aimed to provide a framework for private schools to supplement the efforts of the state to uplift disadvantaged sections of society through the means of education ● We need to act immediately to address the gaps in the implementation of the law. ● According to Section 12 (1)(c) of the Act, all specified category or private schools must reserve 25% of their seats for children belonging to EWS from the neighbourhood and provide them admission from Class I onwards; wherever such a school provides pre-school education, these rules are to be applied to the pre-school section as well.

Mainstreaming healthcare startups Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (PM-JAY) Key Features ● The government-sponsored health insurance scheme will provide free coverage of up to Rs 5 lakh per family per year at any government or even empanelled private hospitals all over India for secondary and tertiary medical care facilities. ● Modicare will be available for 74 crore beneficiary families and about 50 crore Indian citizens. Under the process, 80 percent of beneficiaries, based on the Socio-Economic Caste Census (SECC) data in the rural and the urban areas, have been identified. ● There is no restriction on the basis of family size, age or gender. ● Ayushman Bharat is unlike other medical insurance schemes where there is a waiting period for pre-existing diseases. All kinds of diseases are covered from day one of the Ayushman Bharat policy. The benefit cover includes both pre and post hospitalization expenses. ● The expenditure incurred in premium payment will be shared between Central and State Governments in a specified ratio. The funding for the scheme will be shared – 60:40 for all states and UTs with their own legislature, 90:10 in Northeast states and three Himalayan states of Jammu and Kashmir, Himachal and Uttarakhand and 100% Central funding for UTs without legislature. ● The NHPS will draw additional resources from the Health and Education Cess and also depend on funding from States to boost the Central allocation. The premiums are expected to be in the range of `Rs 1,000 – ` 1,200 per annum. ● The NHPM (National Health Protection Mission) will pay for the hospitalisation costs of its beneficiaries through strategic purchasing from public and private hospitals. ● Wellness Centres: The 1.5 lakh sub-centres that are converted into wellness centres will cater to majority of services such as detection and treatment of cardiovascular diseases, screening for common cancers, mental health, care of the elderly, eye care, etc. ● The wellness centres will also offer a set of services including maternal and child health services, mental health services and vaccinations against selected communicable diseases.

Benefits ● The scheme, if implemented properly, could enhance access to health care including early detection and treatment services by a large section of society who otherwise could not afford them. 82

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● NHPS could help the country move towards universal health coverage and equitable access to healthcare which is one of the UN Sustainable Development Goals (SDG3: Good health and well-being). „ ● The wellness centres that are planned under the Ayushman Bharat programme can play a preventive role by reducing the incidence and impact of non-communicable diseases. „ The proposed NHPS could be the precursor to the Universal Insurance Scheme which will provide cover to all citizens.

Function of NHPS: ● The NHPS operates around the insurance principle of ‘risk pooling’. When a large number of people subscribe to an insurance scheme, only a small fraction of them will be hospitalised in any given year. In a tax-funded system or a large insurance programme, there is a large risk pool wherein the healthy cross-subsidise the sick at any given time. „ ● The NHPS will be financially viable, despite a high coverage offered to the few who fall sick in any year, because the rest in the large pool do not need it that year.

What lies ahead? ● State governments, which will administer it through their own agency, will have to purchase care from a variety of players, including in the private sector, at pre-determined rates. ● Reaching a consensus on treatment costs through a transparent consultative process is vital for a smooth and steady rollout. ● A large-scale Information Technology network for cashless treatment should be set up and validated. ● Since a majority of the families will be rural, and the secondary and tertiary public hospital infrastructure suffers from severe efficiency and accountability problems, State governments should upgrade the administrative systems.

Challenges: ● The steady growth of a for-profit tertiary care sector poses the additional challenge of arriving at a basic care package for those who are covered by the NHPS, at appropriate costs. ● The NHPS scheme, which primarily offers support for clinical services such as hospitalization, fails to address the broken public health system in the country. ● The most critical issue remains the limited and uneven distribution of human resources at various levels of health services, with up to 40% of health worker posts lying vacant in some states. ● Most primary health care centres suffer from a perennial shortage of doctors and even district hospitals are without specialists. „ ● Without addressing the human resource situation, public sector healthcare will remain of poor quality and largely unacceptable, forcing patients to go to the private sector. This will ultimately be unsustainable and even detrimental for the poor for whom the scheme is intended.

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By launching Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (PM-JAY), the government of India has taken a big step by rolling out the world’s largest and most ambitious publicly funded health-care assurance programme.

However, as the scale of this scheme grows, a key challenge is to expand the secondary and tertiary hospitals empanelled under PM-JAY and ensure their quality and capacity while keeping the costs down.

Need for Augmenting Physical and Human Infrastructure Capacity ● At present, there is one government bed for every 1,844 patients and one doctor for every 11,082 patients. ● In the coming years, considering 3% hospitalisation of PM-JAY-covered beneficiaries, the scheme is likely to provide treatment to 1.5 crore patients annually. ● Conservative estimates suggest that India would need more than 150,000 additional beds, especially in Tier-2 and -3 cities.

Role of start-ups: ● While a comprehensive long-term strategy should focus on expanding hospital and human resources, healthcare startups can be an effective near-term approach needed to improve efficiencies and bridge gaps. ● Today, start-ups are working to bring innovative technologies and business models that leapfrog infrastructure, human resources, cost-effectiveness and efficiency challenges in Tier-2 and -3 cities. ● Thereby, mainstreaming healthcare startups in the Indian health system may accelerate health system efficiency and bridge these gaps.

Challenges in mainstreaming healthcare innovation: ● Lack of uniform regulatory standards: One challenge is non-uniform regulatory and validation standards. ● Regulations evolving in India: Regulatory requirements, specifically for biomedical start-ups, are still evolving in India. ● As a result, hospitals often rely on foreign regulatory certifications. ● Government to overhaul standards: The government is now pushing ahead to overhaul Indian med-tech regulatory standards and product standards which will help bridge this trust- deficit. ● Difficulty in the promotion of start-ups: Another problem in promoting start-ups is the operational liquidity crunch due to a long gestation period. ● Lack of framework to adopt innovation: Health-care providers and clinicians, given limited bandwidth, often lack the incentives, operational capacity, and frameworks necessary to consider and adopt innovations.This leads to limited traction for start-ups promoting innovative solutions.

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● Procurement challenges: They lack the financial capacity to deal with lengthy tenders and the roundabout process of price discovery.Private procurement is complicated by the presence of a fragmented customer base and limited systematic channels for distribution.

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Probity in Public Life

Probity is the act of strict adherence to highest principles and ideals (integrity, good character, honesty, decency) rather than avoiding corrupt or dishonest conduct. It balances service to the community against the self-interest of individuals. Probity is not just lack of corruption- just financial propriety. It may involve other attributes. Honesty means that you should be truthful to your actions, thoughts and behaviour. Doing your duty faithfully: Integrity means that you’ll not do the duties your conscience doesn’t agree with. E.g. Policeman ordered to fire on unarmed peaceful protestors. Honest policemen will obey the order. Policeman of integrity, will refuse to fire. In integrity, you’re not blindly following duties. Only if your conscience permits, you’ll do it. Importance of probity: ● Probity has been described as a risk management approach ensuring procedural integrity. ● It is concerned with procedures, processes and systems rather than outcomes. ● According to Second Administrative Reforms Commission, apart from the traditional civil service values of efficiency, integrity, accountability and patriotism, it is necessary for civil servants to inculcate and adopt ethical and moral values including probity in public life, respect for human rights and compassion for the downtrodden and commitment to their welfare. ● Public servants include not only legislature, executive (temporary and permanent) and judiciary, but also scientists, technocrats, members of statutory, advisory bodies and even non- governmental organisations, educational and research institutions receiving government grants in the conduct and performance of their official duties and responsibilities.

Significance of probity: ● Probity in governance is the antithesis of corruption in public life. ● Probity is emphasised by the UN Convention against corruption. ● Probity is the evidence of ethical behaviour in a particular process. ● For Government employees and agencies, maintaining probity involves more than simply avoiding corrupt or dishonest conduct. ● It involves applying public sector values such as impartiality, accountability and transparency.

Concerns about probity in civil services: ● Corruption, favouritism, criminalisation of governance, self-centred functionaries etc. have hit at the trust of the people. ● Poverty, illiteracy, low health care, and unemployment are the major challenges before the country and the biggest hurdle that prevents us from overcoming these challenges is the lack of probity in public life. ● Probity in public life does not appear to be a serious concern of anyone in India.

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Tools for probity: ● Independent scrutiny via Lokpal, Ombudsman, standardization of rules and regulations. ● Prescribing code of conducts. ● Making Information sharing compulsory. eg Right to Information Act. ● Training and inculcating ethical education. ● Media as the "Fourth Estate" is a powerful force. ● Effective implementation in public offices is as important as principles themselves for ensuring probity in governance. ● Judiciary is also an efficient tool to ensure probity in governance but within its limit. ● More laws and commissions to be made . ● Whistleblower protection. ● Unbiased media can also play effective role in ensuring the probity in governance. ● As the subject of ethics has been introduced in civil service exam which is a good initiative. ● Bodies like CVC , CBI , CIC etc are working efficiently but these Bodies should be kept free from political influence and strict action should be taken against the corrupt , dishonest and is not only confined to transfer of the concerned government employees.

Probity in governance is an essential and vital requirement for an efficient and effective system of governance and for socio-economic development.Ensuring probity in public sector activities by civil servants is part of every public official’s duty to adopt processes, practices and behaviour that enhance and promote public sector values and interests.

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Statutory, Regulatory and Various Quasi-Judicial Bodies

Statutory bodies Statutory bodies are established by acts which Parliament and State Legislatures can pass. These bodies are entities shaped by an Act of Parliament or state legislatures and set up by the government to consider the data and make judgments in some arena of activity. Basically, a statutory body is an organisation of government which is not demarcated in the Constitution of India but it gets its powers, service rules, authority by an act of parliament or state legislatures. They are generally established to perform specific functions which a government considers effectively performed outside a traditional departmental executive structure.

Functions of statutory bodies: ● They fulfil the requirement for ○ some operational independence from the government; ○ funding arrangements that are not dependent on the annual appropriations processes; or to establish a separate legal body. ● Statutory bodies are normally set up in countries which are ruled under parliamentary democracy in the form of political setup. ● Under the law, statutory bodies are organizations with the authority to monitor the activities of a business and check whether these institutions are legal and follow official rules. For example, the General Medical Council is the statutory body which regulates doctors. ● The statutory bodies may be established to permit a certain level of independence from government, the government is still accountable to guarantee that taxpayers funds expended in the operations of statutory bodies are spent in the most, effective and economical way. ● These bodies are subject to varying degrees of ministerial control which are identified in the statutory body’s enabling legislation. ● Ministers are accountable to Parliament for the operation of all government boards and agencies within their portfolios and are necessary to table their annual reports in Parliament. ● State representatives have authority for many reasons such as transparency, accountability, effectiveness, and bipartisanship. ● The meaning of a ‘statutory body’ may change depending upon the legislation. For example, a local council is not a statutory body for the purposes of the Financial Accountability Act, but it is for the purposes of the Statutory Bodies Financial Arrangements Act. ● All statutory bodies are established and operate under the provisions of their own enabling legislation, which sets out the purpose and specific powers of the agency.

University Grants Commission: The example of a statutory body is the University Grants Commission, a statutory organization established by an Act of Parliament in 1956 for the coordination, determination, and maintenance of standards of university education.

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Apart from providing grants to eligible universities and colleges, the Commission also recommends the Central and State Governments on the measures which are necessary for the development of Higher Education. It functions from New Delhi as well as its six Regional offices located in Bangalore, Bhopal, Guwahati, Hyderabad, Kolkata, and Pune. ● In 2018, the Ministry of Human Resource Development announced its plans to repeal the UGC Act, 1956. ● The bill also stipulates the formation of a new body, the Higher Education Commission of India (HECI). ● The attempts to formalise a national educational system in India started during the British Raj. The University Grants Committee was formed in 1945 to oversee the functioning of the three central universities of the time – Aligarh, Delhi and Banaras. Its responsibility was extended in 1947 to cover all Indian universities. ● The National Assessment and Accreditation Council (NAAC) is an organisation that assesses and accredits higher education Institutions (HEIs) in India.

Draft Higher Education Commission of India (Repeal of University Grants Commission Act) Bill, 2018 ● The Bill proposes to replace the UGC Act, 1956, and rechristen the UGC as the Higher Education Commission of India (HECI). ● The regulator will focus on setting, maintaining and improving academic standards in universities. ● The Bill if passed by the Parliament, will separate the academic and funding aspects of the sector. ● The Union Ministry of Human Resource Development will take over the grant-giving functions. ● HECI will be empowered to penalise or even shut down sub-standard institutions without affecting students' interests. If the management of the institution does not comply with the penalties, they can land in jail for up to three years. ● HECI shall comprise a Chairperson, a Vice-Chairperson, and 12 members to be appointed by the Centre, including educationists and a member of the industry. The Chairperson's retirement age is 70, will hold office for five years.

Concerns: ● The move is being seen as an attempt to bring the universities under the strict and direct financial control of the MHRD. This shift in financial control to the Ministry can be used for the regimentation of knowledge. ● The composition of search and selection committees consisting of the Cabinet Secretary along with Higher Education Secretary and three co-opted academicians provides total governmental control over the appointment of the Chairperson and Vice-Chairperson. ● The twelve members of this body are largely drawn from the Secretaries of the Departments, Chairpersons of other regulatory bodies of education and Chairpersons of accreditation bodies.

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● The ex-officio members and bureaucrats have a dominant presence, which is expected to tighten the noose over the academic freedom of the universities. ● The proposed draft has reduced the teachers’ representation which again is being seen as a matter of concern. While UGC has 4 teacher members out of total 10 members, the HECI has only 2 teacher members out of total 12 members.

Some Important Statutory Bodies ● National Human Rights Commission:NHRC of India is an independent statutory body established on 12 October, 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006. ○ NHRC celebrated its Silver Jubilee (25 years) on October 12, 2018. Its headquarter is located in New Delhi. ○ It is the watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India. ○ It was established in conformity with the Paris Principles, adopted for the promotion and protection of human rights in Paris (October, 1991) and endorsed by the General Assembly of the United Nations on 20 December, 1993.

Functions and Powers of NHRC ● NHRC investigates grievances regarding the violation of human rights either suo moto or after receiving a petition. ● It has the power to interfere in any judicial proceedings involving any allegation of violation of human rights. ● It can visit any jail or any other institution under the control of the State Government to see the living conditions of the inmates and to make recommendations thereon. ● It can review the safeguards provided under the constitution or any law for the protection of the human rights and can recommend appropriate remedial measures. ● NHRC undertakes and promotes research in the field of human rights. ● NHRC works to spread human rights literacy among various sections of society and promotes awareness of the safeguards available for the protection of these rights through publications, media, seminars and other means. ● The Commission takes an independent stand while providing opinions for the protection of human rights within the parlance of the Constitution or in law for the time being enforced. ● It has the powers of a civil court and can grant interim relief. ● It also has the authority to recommend payment of compensation or damages. ● NHRC credibility is duly reflected in large number of complaints received every year and the trust reposed in it by the citizens. ● It can recommend to both the central and state governments to take suitable steps to prevent the violation of Human Rights. It submits its annual report to the President of India who causes it to be laid before each House of Parliament.

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Limitations of NHRC ● NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights ● It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) due to its incapacity to render any practical relief to the aggrieved party. ● NHRC can only make recommendations, without the power to enforce decisions. ● Many times NHRC is viewed as post-retirement destinations for judges and bureaucrats with political affiliation moreover, inadequacy of funds also hamper its working. ● A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered after one year of incident. ● Government often out rightly rejects recommendation of NHRC or there is partial compliance to these recommendations. ● State human rights commissions cannot call for information from the national government, which means that they are implicitly denied the power to investigate armed forces under national control. ● National Human Rights Commission powers related to violations of human rights by the armed forces have been largely restricted.

National Commission for Women: ● The National Commission for Women (NCW) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women. ● It was established in 31 January 1992 under the provisions of the Indian Constitution. ● The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns. ● The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labour. They have also discussed police abuses against women.

National Commission for Minorities: Constitution of India doesn't define the word 'Minority' but has used the word minorities considering religion and language of a person. ● For minorities, the Constitution of India has envisaged a number of rights and safeguards. ● To provide enough equality and to dwindle the discrimination, makers have spelt out various things in Fundamental Rights (PartIII); Directive Principles of State policy (Part IV) and also the Fundamental Duties (Part IV-A). ● The commission was established under the National Commission for Minorities act, 1992. ● The act notifies 5 religious communities namely Christians, Muslims, Sikhs, Zoroastrians and Buddhists under the act. In 2014, Jains were added to the list. ● The major function of the commission is to protect the interests of the minorities.

The Commission has the following functions: 1. Evaluate the progress of the development of Minorities under the Union and States.

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2. Monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures. 3. Make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments. 4. Look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities. 5. Cause studies to be undertaken into problems arising out of any discrimination against Minorities and recommend measures for their removal. 6. Conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities. 7. Suggest appropriate measures in respect of any Minority to be undertaken by the Central Government or the State Governments. 8. Make periodical or special reports to the Central Government on any matter pertaining to Minorities and in particular the difficulties confronted by them. 9. Any other matter which may be referred to it by the Central Government.

National Law Commission: ● Law Commission of India is neither a constitutional body nor a statutory body, it is an executive body established by an order of the Government of India. Its major function is to work for legal reforms. ● The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice. ● Its membership primarily comprises legal experts.

Background of Law Commission in India: ● Law Reform has been a continuing process particularly during the last 300 years or more in Indian history. In the ancient period, when religious and customary law occupied the field, the reform process had been ad hoc and not institutionalised through duly constituted law reform agencies. ● However, since the third decade of the nineteenth century, Law Commissions were constituted by the Government from time to time and were empowered to recommend legislative reforms to clarify, consolidate and codify particular branches of law where the Government felt the necessity for it.

○ The first such Commission was established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Macaulay which recommended codification of the Penal Code and the Criminal Procedure Code. ○ Thereafter, the second, third and fourth Law Commissions were constituted in 1853, 1861 and 1879 respectively which, during a span of fifty years contributed to enrich the Indian Statute Book with a large variety of legislations on the pattern of the then prevailing English Laws adapted to Indian conditions. ○ The Indian Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act. etc. are products of the first four Law Commissions.

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Post-Independence Developments: ● After independence, the Constitution stipulated the continuation of pre-Constitution Laws under Article 372 until they are amended or repealed. ○ There had been demands in Parliament and outside for establishing a Central Law Commission to recommend revision and updation of the inherited laws to serve the changing needs of the country. ● The Government of India established the First Law Commission of Independent India in 1955 with the then Attorney-General of India, Mr M. C. Setalvad, as its Chairman. Since then twenty one more Law Commissions have been appointed, each with a three-year term.

The Functions of Law commission ● The Law Commission, on a reference made to it by the Central Government or suo-motu, undertakes research in law and review of existing laws in India for making reforms therein and enacting new legislations. ○ It also undertakes studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in the cost of litigation etc. ● The other functions of the Law Commission include: ○ Review/Repeal of obsolete laws: Identification of laws which are no longer relevant and recommending for the repeal of obsolete and unnecessary enactments. ○ Law and Poverty: Examines the Laws which affect the poor and carries out post-audit for socio-economic legislations. ○ Suggesting enactment of new legislation as may be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution. ○ Judicial Administration: Considering and conveying to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through the Ministry of Law and Justice (Department of Legal Affairs). ○ Research: Considering the requests for providing research to any foreign countries as may be referred to it by the Government through the Ministry of Law & Justice (Department of Legal Affairs). ○ Examine the existing laws with a view of promoting gender equality and suggesting amendments thereto. ○ Examine the impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized. ○ Preparing and submitting to the Central Government, from time to time, reports on all issues, matters, studies and research undertaken by it and recommending in such reports for effective measures to be taken by the Union or any State. ○ Performing such other functions as may be assigned to it by the Central Government from time to time. ● Before concretizing its recommendations, the Commission consults the nodal Ministry/Departments and such, other stakeholders as the Commission may deem necessary for the purpose.

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Reports of Law Commission ● The law commission of India has submitted 277 reports so far on various issues, some of the recent reports are:

○ Report No. 277 – Wrongful Prosecution (Miscarriage of Justice): Legal Remedies ○ Report No. 276 – Legal Framework: Gambling and Sports Betting Including in Cricket in India ○ Report No. 275 – Legal Framework: BCCI vis-à-vis Right to Information Act, 2005 ○ Report No. 274 – Review of the Contempt of Courts Act, 1971 ○ Report No. 273 – Implementation of the United Nations Convention against Torture ○ Report No. 272 – Assessment of Statutory Frameworks of Tribunals in India ○ Report No. 271 – Human DNA Profiling ○ Report No.270 – Compulsory Registration of Marriages ● The recommendations of the commission are not binding on the government. They may be accepted or rejected. Action on the said recommendations depends on the ministries/departments, which are concerned with the subject matter of the recommendations.

National Green Tribunal: ● It is a specialised body set up under the National Green Tribunal Act (2010) for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. ● India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so. ● NGT is mandated to make disposal of applications or appeals finally within 6 months of filing the same. ● The NGT has five places of sittings, New Delhi is the Principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four.

Powers & Jurisdiction: ● The Tribunal has jurisdiction over all civil cases involving substantial questions relating to the environment (including enforcement of any legal right relating to the environment). ● Being a statutory adjudicatory body like Courts, apart from original jurisdiction side on filing of an application, NGT also has appellate jurisdiction to hear appeal as a Court (Tribunal). ● The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908, but shall be guided by principles of 'natural justice'. ● While passing any order/decision/ award, it shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle. ● NGT by an order, can provide ○ Relief and compensation to the victims of pollution and other environmental damage (including accident occurring while handling any hazardous substance), ○ For restitution of property damaged, and ○ For restitution of the environment for such area or areas, as the Tribunal may think fit.

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● An order/decision/award of Tribunal is executable as a decree of a civil court. ● The NGT Act also provides a procedure for a penalty for non compliance: ○ Imprisonment for a term which may extend to three years, ○ Fine which may extend to ten crore rupees, and ○ Both fine and imprisonment. ● An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of communication. ● The NGT deals with civil cases under the seven laws related to the environment, these include: ○ The Water (Prevention and Control of Pollution) Act, 1974, ○ The Water (Prevention and Control of Pollution) Cess Act, 1977, ○ The Forest (Conservation) Act, 1980, ○ The Air (Prevention and Control of Pollution) Act, 1981, ○ The Environment (Protection) Act, 1986, ○ The Public Liability Insurance Act, 1991 and ○ The Biological Diversity Act, 2002. ● Any violation pertaining to these laws or any decision taken by the Government under these laws can be challenged before the NGT.

Regulatory Body ● A regulatory body also called a regulatory agency is a public authority or a government agency which is accountable for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity. ● It is established by legislative act in order to set standards in a specific field of activity, or operations, in the private sector of the economy and to then implement those standards. ● Regulatory interventions function outside executive observation. Because the regulations that they adopt have the force of law, part of these agencies’ function is essentially legislative; but because they may also conduct hearings and pass judgments concerning adherence to their regulations, they also exercise a judicial function often performed before a quasi-judicial official called an administrative law judge, who is not part of the court system. ● Some independent regulatory agencies perform investigations or audits, and some are authorised to fine the important parties and order certain measures. ● The notion of the regulatory agency was initiated in the USA and it has been basically an American establishment. The first agency was Interstate Commerce Commission (ICC), established by Congress in 1887 to control the railroads. ● It was stopped in 1996 but long served as the model of such an agency. Initially, the ICC was to serve only as an advisory body to Congress and the courts, but it was soon granted these powers itself. ● Furthermore, an independent commission could be unbiased and nonpartisan, a necessity for impartial regulation. The ICC was the first step taken to control industries instead of taking each on a case-by-case basis, as had been previously done.

Important regulatory bodies: Competition Commission of India ● Biodiversity authority of India

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● Press Council of India ● Reserve Bank of India ● Inland Waterways Authority of India ● Insurance Regulatory and Development Authority

Financial Regulatory Bodies in India The Indian financial system is regulated by independent regulators also called statutory bodies in India in the field of banking, capital market, commodities market, insurance, pension funds, trade, telecom and electricity. However, Government of India plays a significant role in controlling the Indian financial system and influences the roles of such regulators at least to some extent and plays a key role in financial regulation.

Reserve Bank of India (RBI) RBI was established on April 1, 1935 under RBI Act, 1934 under the recommendation by Hilton Young Commission. It is headquartered in Mumbai having offices at 31 locations throughout India.RBI is composed under General superintendence & direction by 21-member Central Board of Directors: the Governor, 4 Deputy Governors, 2 Finance Ministry representatives, 10 government-nominated directors to represent important elements of India’s economy, and 4 directors to represent local boards headquartered at Mumbai, Kolkata, Chennai and New Delhi.

RBI’s regulatory Functions:The functions of the Reserve Bank today can be categorised as follows: ● Monetary policy Regulation and supervision of the banking and non-banking financial institutions, including credit information companies ● Regulation of money, forex and government securities markets as also certain financial derivatives ● Debt and cash management for Central and State Governments ● Management of foreign exchange reserves Foreign exchange management—current and capital account management. ● Banker to banks Banker to the Central and State Governments ● Oversight of the payment and settlement systems ● Currency management ● Developmental role Research and statistics

Securities and Exchange Board of India: ● SEBI ie. Security and Exchange Board of India, was established in 1988 through an executive resolution and then upgraded as a fully autonomous body (a statutory Board) in 1992 with the passing of the Securities and Exchange Board of India Act on 30th January 1992. ● It is headquartered in Mumbai & has Northern, Eastern, Southern and Western Regional Offices in New Delhi, Kolkata, Chennai and Ahmedabad respectively having local offices at Jaipur and Bangalore. ● It protects the interest of investors, provides safety of investment, checks price rigging, prohibits insider trading, fraudulent and unfair trade practices etc.

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● Since this deals with stock market and other financial activities of market, this is one of the most significant Financial Regulatory Bodies in India. ● SEBI Board consists of a Chairman and several other whole time and part time members. ● SEBI also appoints various committees, whenever required to look into the pressing issues of that time.

Insurance and Regulatory and Development Authority ● IRDA ie. Insurance Regulatory and Development Authority, It was constituted under the Insurance Regulatory and Development Authority Act, 1999. ● It is headquartered in Hyderabad, Telangana. ● It is composed of Chairman & nine members of whom five are whole-time members and four are part-time members.

The functions of the IRDAI are defined in Section 14 of the IRDAI Act, 1999,and include:  Issuing, renewing, modifying, withdrawing, suspending or cancelling registrations  Protecting policyholder interests  Specifying qualifications, the code of conduct and training for intermediaries and agents  Specifying the code of conduct for surveyors and loss assessors  Promoting efficiency in the conduct of insurance businesses  Promoting and regulating professional organisations connected with the insurance and re- insurance industry  Levying fees and other charges  Inspecting and investigating insurers, intermediaries and other relevant organisations  Regulating rates, advantages, terms and conditions which may be offered by insurers not covered by the Tariff Advisory Committee under section 64U of the Insurance Act, 1938 (4 of 1938) Competition Commission of India (CCI) ● CCI full form is Competition Commission of India, which was established on 14th October 2003 under the Competition Act, 2002. ● It is headquartered in New Delhi composed of a Chairperson and 6 Members appointed by the Central Government. ● It enables the common man with the broadest range of goods and services at the most competitive prices.

Telecom Regulatory Authority of India (TRAI) ● Established in 1997. ● Established by an Act of Parliament, called the Telecom Regulatory Authority of India Act, 1997. ● TRAI is an independent regulator of Telecom Business in India. ● Aims to regulate telecom services, including fixation/revision of tariffs for telecom services which were earlier vested in the Central Government. ● Its mission is to create and nurture conditions for growth of telecommunications in India to enable the country to have a leading role in emerging global information society.

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● It also provides a fair and transparent environment that promotes a level playing field and facilitates fair competition in the market. ● It also regularly issues orders and directions on various subjects such as tariffs, quality of service, interconnections, Direct To Home (DTH) services and mobile number portability. ● TRAI also fixes or revises the tariffs for telecom services in India. ● It regulates telecommunications and DTH operations in India and becomes one of the most important Financial Regulatory Bodies in India among the telecom and DTH consumer section. ● According to the TRAI act, amended in 2000, the functions of the TRAI have now been divided between two separate bodies namely- ○ The Telecom Regulatory Authority of India (TRAI) and ○ The Telecom Disputes Settlement and Appellate Tribunal.

Pension Fund Regulatory & Development Authority (PFRDA) ● The interim PFRDA was established in 2003. ● This was to oversee the National Pension System (NPS), and regulate India’s pensions sector. ● The interim PFRDA transitioned into the PFRDA with the passage of Pension Fund Regulatory Development Authority (PFRDA) Act, 2013. ● PFRDA has come a long way, but there are still some gaps in India’s pension regulatory framework. ● Significance - The PFRDA Act is the linchpin of India’s pension regulatory framework. ● The Act is being supplemented by regulations issued by the PFRDA. ● They regulate the functioning of key intermediaries under the NPS framework.

Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) ● The TRAI Act was amended by an ordinance, effective from 24 January 2000, establishing a Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) to take over the adjudicatory and disputes functions from TRAI. ● TDSAT was set up to adjudicate any dispute between a licensor and a licensee, between two or more service providers, between a service provider and a group of consumers, and to hear and dispose of appeals against any direction, decision or order of TRAI.

Issues with Regulatory Bodies in India ● Populist pressure: In India political populism often overtakes the economic agenda. This casts a shadow on regulation. ● There are constant interferences in the functioning of regulatory bodies by the ruling political parties. Eg, Interventions of government in the RBI functioning. ● Selection of non- experts: The selection of non-experts to lead the regulatory bodies may bring lack of efficiency in the functioning of such bodies. ○ Recently, this issue was raised when the former Finance secretary was appointed as RBI chairman. ● Inefficient review mechanism: The review mechanism of the

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● functioning of the regulatory bodies under the aegis of parliamentary committees is not very robust. ● Recommendations made by Regulatory Authorities are rarely implemented. ● Presence of many regulatory bodies causes overlapping of powers. Forexample: ○ Environment- Central Pollution Control Board (CPCB) and National GreenTribunal (NGT). ○ Controversy between SEBI and IRDAI over Unit Linked Insurance Policy. ○ Education sector- All India Council for Technical Education (AICTE) and University Grants Commission (UGC). Way forward ● Regulatory organisations should undertake a self-evaluation of themselves once in a few (say three) years, and put out the conclusions in the public domain for informed discussion and debate. ● Genuine functional autonomy would also have to be reinforced with financial autonomy by putting in place a system where regulatory organisations are not dependent on government departments for financial support. ● Functional autonomy without corresponding accountability is a sure recipe for chaos. Thus, there is a need to make sure such bodies imbibe the ethos of transparency and accountability in the functioning of the bodies. ● The appointment of persons to head regulatory organisations should be attempted in a far more transparent manner. ● Many countries have adopted techniques like “Regulatory Impact Assessments”. India can also mandate such techniques through legislation and thereby preserve economic value. ○ Regulatory Impact Assessments (RIA) is a systemic approach to critically assessing the positive and negative effects of proposed and existing regulations and non- regulatory alternatives.

Quasi-Judicial bodies ● Quasi-judicial bodies are institutes which have powers analogous to that of the law imposing bodies but these are not courts. ● They primarily oversee the administrative zones. ● The courts have the power to supervise over all types of disputes but the quasi-judicial bodies are the ones with the powers of imposing laws on administrative agencies. ● These bodies support to lessen the burden of the courts. ● Quasi-judicial activity is restricted to the issues that concern the particular administrative agency. Quasi-judicial action may be appealed to a court of law. ● These organizations generally have authorities of settlement in matters like breach of discipline, conduct rules, and trust in the matters of money or otherwise. ● Their powers are usually limited to a particular area of expertise, such as financial markets, employment laws, public standards, immigration, or regulation. ● Awards and judgements of quasi-judicial bodies often depend on a pre-determined set of rules or punishment depending on the nature and gravity of the offence committed. ● Such punishment may be legally enforceable under the law of a country it can be challenged in a court of law which is the final vital authority.

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Emergence of Quasi-Judicial Bodies in India ● As the welfare state has grown up in size and functions, more and more litigation are pending in the judiciary, making it over-burdened. It requires having an alternative justice system. ● Ordinary judiciary has become dilatory and costly.With scientific and economic development, laws have become more complex, demanding more technical knowledge about specific sectors. ● The conventional judiciary is suffering from procedural rigidity, which delays the justice. ● Further, a bulk of decisions, which affect a private individual come not from courts, but from administrative agencies exercising adjudicatory powers.

Tribunals: Tribunal is a quasi-judicial institution that is set up to deal with problems such as resolving administrative or tax-related disputes.It performs a number of functions like ● Adjudicating disputes, ● Determining rights between contesting parties, ● Making an administrative decision, ● Reviewing an existing administrative decision and so forth.

The term ‘Tribunal’ is derived from the word ‘Tribunes’, which means ‘Magistrates of the Classical Roman Republic’.Tribunal is referred to as the office of the ‘Tribunes’ i.e., a Roman official under the monarchy and the republic with the function of protecting the citizen from arbitrary action by the aristocrat magistrates.A Tribunal, generally, is any person or institution having an authority to judge, adjudicate on, or to determine claims or disputes – whether or not it is called a tribunal in its title.

Need of Tribunal ● To overcome the situation that arose due to the pendency of cases in various Courts, domestic tribunals and other Tribunals have been established under different Statutes, hereinafter referred to as the Tribunals. ● The Tribunals were set up to reduce the workload of courts, to expedite decisions and to provide a forum which would be manned by lawyers and experts in the areas falling under the jurisdiction of the Tribunal. ● The tribunals perform an important and specialised role in justice mechanism. ● They take a load off the already overburdened courts. ● They hear disputes related to the environment, armed forces, tax and administrative issues.

Constitutional Provisions ● Tribunals were not part of the original constitution, it was incorporated in the Indian Constitution by 42nd Amendment Act, 1976. ● Article 323-A deals with Administrative Tribunals.

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● Article 323-B deals with tribunals for other matters.

Under Article 323 B, the Parliament and the state legislatures are authorised to provide for the establishment of tribunals for the adjudication of disputes relating to the following matters: ● Taxation ● Foreign exchange, import and export ● Industrial and labour ● Land reforms ● Ceiling on urban property ● Elections to Parliament and state legislatures ● Food stuff ● Rent and tenancy rights

Articles 323 A and 323 B differ in the following three aspects: ● While Article 323 A contemplates the establishment of tribunals for public service matters only, Article 323 B contemplates the establishment of tribunals for certain other matters (mentioned above). ● While tribunals under Article 323 A can be established only by Parliament, tribunals under Article 323 B can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence. ● Under Article 323 A, only one tribunal for the Centre and one for each state or two or more states may be established. ● There is no question of the hierarchy of tribunals, whereas under Article 323 B a hierarchy of tribunals may be created. ● Article 262: The Indian Constitution provides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments.

Administrative Tribunals ● Administrative Tribunals are set-up by an act of Parliament, Administrative Tribunals Act, 1985. It owes its origin to Article 323 A of the Constitution. ● It adjudicates disputes and complaints with respect to recruitment and conditions of service of persons appointed to the public service and posts in connection with the affairs of the Union and the States. ● The Administrative Tribunals Act, 1985 provides for three types of tribunals: a. The Central Government establishes an administrative tribunal called the Central Administrative Tribunal (CAT). b. The Central Government may, upon receipt of a request in this behalf from any State Government, establish an administrative tribunal for such State employees. c. Two or more States might ask for a joint tribunal, which is called the Joint Administrative Tribunal (JAT), which exercises powers of the administrative tribunals for such States.

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Central Administrative Tribunal It has jurisdiction to deal with service matters pertaining to the Central Government employees or of any Union Territory, or local or other government under the control of the Government of India, or of a corporation owned or controlled by the Central Government. The CAT was set-up on 1 November 1985.It has 17 regular benches, 15 of which operate at the principal seats of High Courts and the remaining two at Jaipur and Lucknow.These Benches also hold circuit sittings at other seats of High Courts. The tribunal consists of a Chairman, Vice- Chairman and Members. The Members are drawn, both from judicial as well as administrative streams so as to give the Tribunal the benefit of expertise both in legal and administrative spheres.The appeals against the orders of an Administrative Tribunal shall lie before the Division Bench of the concerned High Court.

State Administrative Tribunal Article 323 B empowers the state legislatures to set up tribunals for various matters like levy, assessment, collection and enforcement of any of the tax matters connected with land reforms covered by Article 31A.

Water dispute tribunal: ● The Parliament has enacted Inter-State River Water Disputes (ISRWD) Act, 1956 have formed various Water Disputes Tribunal for adjudication of disputes relating to waters of inter-State rivers and river valleys thereof. ● Standalone Tribunal: The Inter-State River Water Disputes (Amendment) Bill, 2019 is passed by Parliament for amending the existing ISRWD Act, 1956 to constitute a standalone Tribunal to remove with the need to set up a separate Tribunal for each water dispute which is invariably a time-consuming process.

Armed Forces Tribunal ● It is a military tribunal in India. It was established under the Armed Forces Tribunal Act, 2007. ● It has provided the power for the adjudication or trial by AFT of disputes and complaints with respect to commission, appointments,enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950. ● Besides the Principal Bench in New Delhi, AFT has Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur. ● Each Bench comprises a Judicial Member and an Administrative Member. ● The Judicial Members are retired High Court Judges and Administrative Members are retired Members of the Armed Forces who have held the rank of Major General/ equivalent or above for a period of three years or more, Judge Advocate General (JAG), who have held the appointment for at least one year are also entitled to be appointed as the Administrative Member.

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National Green Tribunal (NGT) ● The National Environment Tribunal Act, 1995 and National Environment Appellate Authority Act, 1997 were found to be inadequate giving rise to demand for an institution to deal with environmental cases more efficiently and effectively. ● The Law Commission in its 186th Report suggested multi-faceted Courts with judicial and technical inputs referring to the practice of environmental Courts in Australia and New Zealand. ● As a result NGT was formed as a special fast-track, quasi-judicial body comprising judges and environment experts to ensure expeditious disposal of cases. ● The National Green Tribunal was established in 2010 under the National Green Tribunal Act 2010 as a statutory body. ● It was setup for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. ● It also ensures enforcement of any legal right relating to the environment and giving relief and compensation for damages to persons and property. ● The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same. ● Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible. ● New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of sitting of the Tribunal.

Income Tax Appellate Tribunal ● Section 252 of the Income Tax Act, 1961 provides that the Central Government shall constitute an Appellate Tribunal consisting of many ● Judicial Members and Accountant members as it thinks fit to exercise the powers and functions conferred on the Tribunal by the Act.

Characteristics of Administrative Tribunals ● Administrative Tribunal is a creation of a statute. ● An Administrative Tribunal is vested in the judicial power of the State and thereby performs quasi-judicial functions as distinguished from pure administrative functions. ● Administrative Tribunal is bound to act judicially and follow the principles of natural justice. ● It is required to act openly, fairly and impartially. ● An Administrative Tribunal is not bound by the strict rules of procedure and evidence prescribed by the civil procedure court.

Merging of Tribunals:The Finance Act of 2017 merged eight tribunals according to functional similarity. The list of the tribunals that have been merged are givenbelow:

● The Employees Provident Fund Appellate Tribunal with The Industrial Tribunal.

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● The Copyright Board with The Intellectual Property Appellate Board . ● The Railways Rates Tribunal with The Railways Claims Tribunal. ● The Appellate Tribunal for Foreign Exchange with The Appellate Tribunal (Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. ● The National Highways Tribunal with The Airport Appellate Tribunal. ● The Cyber Appellate Tribunal and The Airports Economic Regulatory Authority Appellate Tribunal with The Settlement and Appellate Tribunal (TDSAT) . ● The Competition Appellate Tribunal with the National Company Law Appellate Tribunal.

The reframed Tribunal rules are in contempt of several Constitution Bench decisions of the Supreme Court.

What the SC said in Rojer Mathew case ● Rules being unconstitutional: In November 2019, a Constitution Bench of the Supreme Court, in Rojer Mathew, declared the Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and other Conditions of Service of Members) Rules, 2017 as unconstitutional.

Why it was declared unconstitutional? ● It was declared unconstitutional for being violative of principles of independence of the judiciary and contrary to earlier decisions of the Supreme Court in the Madras Bar Association ● Direction to the Central government: In Rojer Mathew, there was also a direction to the Central government to reformulate the rules strictly in accordance with principles delineated by the Court in its earlier decisions. ● The reframed rules, notified by the Ministry of Finance, however, suffer from the same vices.

What were the issues in the Finance Act, 2017 ● What was prescribed in the Finance Act, 2017: The Finance Act, 2017, around 26 Central statutes were amended. ● Excessive rule-making powers to the Centre government: The power to prescribe eligibility criteria, selection process, removal, salaries, tenure and other service conditions pertaining to various members of 19 tribunals were sub-delegated to the rule-making powers of the Central government. ● Attempt to keep the judiciary away: Describing the search-cum-selection-committee as an attempt to keep the judiciary away from the process of selection and appointment of members, vice-chairman and chairman of tribunals. ● Executive litigant in most cases: The Court held that the executive is a litigating party in most of the litigation and hence cannot be allowed to be a dominant participant in tribunal appointments.

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● Selection committee issue: Barring the National Company Law Appellate Tribunal (NCLAT), the selection committee for all other tribunals was made up either entirely from personnel within or nominated by the Central government or comprised a majority of personnel from the Central government. ● While the selection committee for NCLAT consisted of two judges and two secretaries to the Government of India, all other committees comprised only one judge and three secretaries to the Government of India. ● Now, in the 2020 rules, by default, all committees consist of a judge, the president/chairman/chairperson of the tribunal concerned and two secretaries to the Government of India. ● 3 years tenure injurious to the efficiency: Reiterating its previous decision in Madras Bar Association (2010), the Court held that the tenure of three years for members will “preclude cultivation of adjudicatory experience and is thus injurious to the efficiency of the Tribunals”.

An equal say for the judiciary Judges in 4 member committee: The common thread in the Madras Bar Association series and Rojer Mathew decisions is that judiciary must have an equal say in the appointment of members of the tribunals.To deny the executive an upper hand in appointing members to tribunals, the court ordered to have two judges of the Supreme Court to be a part of the four-member selection committee.

In Madras Bar Association(2010), held that the selection committee should comprise the Chief Justice of India or his nominee (chairperson, with a casting vote), a senior judge of the Supreme Court or Chief Justice of the High Court, and secretaries in the Ministry of Finance and Ministry of Law and Justice respectively.

Decision applicable to all tribunals: Subsequent Constitution Bench decisions in Madras Bar Association (2014), Rojer Mathew and the decision of the Madras High Court in Shamnad Basheer have repeatedly held that the principles of the Madras Bar Association (2010) are applicable to the selection process and constitution of all tribunals in India.

What are the provisions dealing with appointment in 2020 rules? Under the 2020 rules, the inclusion of the president/ chairman/chairperson of the tribunal as a member in the selection committee is in the teeth of previous decisions of the Supreme Court.

Non-judicial member can become a chairman: For instance, now, in the Income Tax Appellate Tribunal (ITAT), Customs Excise and Service Tax Appellate Tribunal (CESTAT), Central Administrative Tribunal (CAT), Debt Recovery Appellate Tribunal (DRAT), etc. a non- judicial member can become the president/chairman/chairperson, as the case may be. Therefore,

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JATIN VERMA'S IAS ACADEMY when a non-judicial member becomes a member in the selection committee, the Supreme Court judge will be in the minority,giving primacy to the executive, which is impermissible.

Violation of the SC directives

What the SC said on tenure: Based on Madras Bar Association (2010), in Rojer Mathew, the Court held that the term of three years is too short, and by the time members achieve a refined knowledge,expertise and efficiency, one term will be over.

What are the provisions in 2020 rules? In the 2020 rules, the tenure of members has been increased from three years to four years, thereby blatantly violating the directions of the Supreme Court. Since the Madras Bar Association (2010), the government has repeatedly violated the directions of the Supreme Court.One by one, the traditional courts, including the High Courts, have been divested of their jurisdictions and several tribunals have been set up. Selection committee issue: Barring the National Company Law Appellate Tribunal (NCLAT), the selection committee for all other tribunals was made up either entirely from personnel within or nominated by the Central government or comprised a majority of personnel from the Central government. While the selection committee for NCLAT consisted of two judges and two secretaries to the Government of India, all other committees comprised only one judge and three secretaries to the Government of India.

Now, in the 2020 rules, by default, all committees consist of a judge, the president/chairman/chairperson of the tribunal concerned and two secretaries to the Government of India

3 years tenure injurious to the efficiency: Reiterating its previous decision in Madras Bar Association (2010), the Court held that the tenure of three years for members will “preclude cultivation of adjudicatory experience and is thus injurious to the efficiency of the Tribunals”. Significance of Regulatory bodies:

Regulation may be broadly understood as an effort by the state to address social risk, market failure or equity concerns through rule-based direction of social and individual action. Regulation is an attempt to control or influence private behaviour in the desired direction by imposing costs on or proscribing undesirable behaviour. Since regulation can have important consequences for economic efficiency and private incentives, it is usually justified only under

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JATIN VERMA'S IAS ACADEMY special condition like prevention of market failures, restriction or removal of anti- competitive practices, and promotion of public interest.

Background ● The role of the state in economic and social life has dramatically changed from being the main provider of social and economic services to being a rule-maker and regulator. ● The new mode of the state with its structures and relationships is characterised by an increase in the regulatory functions and responsibilities. ● These changes have paved the way to the emergence of a state increasingly defined by the volume, diversity and complexity of its regulatory institutions. This state is known as the regulatory state. ● Contrary to what was expected, liberalisation and privatisation during the 1980s and 1990s have led to a vast growth in the state’s regulator obligations. ● In India, the regulatory role of government stems from the provisions of the Constitution which empower the Union and State Legislatures to make laws on various subjects. ● The Constitution empowers the State to impose reasonable restrictions on the exercise of various rights conferred by Article 19 in the interest of public order, sovereignty and integrity of India, protecting the interest of the general public, or in the interest of decency, morality etc. ● Consequently, there is a plethora of laws and rules, which seek to regulate the activities of individuals and groups of individuals. ● The Constitution as well as the laws enacted by parliament have established the institutions and mechanisms to enforce the laws and rules. ● Article 53(1) of the constitution regulates the exercise of the executive powers of the Union. ● Further, Article 53(3) authorizes the Parliament to confer by law such functions to ‘authorities’.

Need: There are three sets of justifications for regulatory interventions: ● Prevention of Market Failure: Market failure is a condition in which the market mechanism fails to allocate resources efficiently to maximize social welfare.Market failures occur in the provision of public goods, in case of natural monopolies of asymmetric information, and the presence of externalities. ● A natural monopoly occurs when an entire market is more efficiently served by one firm than by two or more firms due to increasing returns to scale.Natural monopolies enjoy scale benefits that protect them from competition entry by other first tend to lead to inefficient production i.e. the average cost of output is much higher with entry by multiple firms than with the existence of just one firm. ● In such cases, regulation may by necessary protect consumer interests. In doing so, regulation might bar the entry of new firms into the sector and protect the monopoly status of the incumbent operator In India, the transmission and distribution of electricity is still natural monopolies. ● Asymmetric information is a situation where one party to a transaction knows more about the product than another.

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● This prevents the market mechanism from achieving an efficient allocation of resources. ● This creates a role for regulation of market transactions or provision of information by a third party to remove or minimize information asymmetries. ● In India, considerable information asymmetries exist in the health and education sector. ● Externalities constitute another source of market failure and are defined as the effects of production or consumption activity, positive or negative, on actor not involved in the relevant product market. ● For example, an industrial plant discharging waste into a river imposes a negative externality (costs) on users downstream. ● These costs are not factored into production decisions at the plant, but are instead borne by society. ● Regulation, in such circumstances, may be considered appropriate to restore economic efficiency. ● Unregulated production and consumption externalities are common in India, as in other developing economies. ● Therefore, prevention of market failures, restriction or removal of anti-competitive practices, and promotion of public interest required judicial safeguards. ● To check anti-competitive practices: Firms may resort to anti-competitive practices such as price fixing, market sharing or abuse of dominant or monopoly power. Laws that empower officials to take action can help deter such practices. ● Regulation through a set of transparent, consistent, and non-discriminatory rules can create a competitive and dynamic environment in which market players can thrive. In its absence, anti-competitive practices and regulator failures may not allow the market process to yield socially optimal outcomes. ● To promote the public interest: A third set of justification arises from concerns about the promotion of public interest, which is an important policy objective for governments, ensuring fair access, non-discrimination, affirmative action or any other matter of pubic importance can provide an important reason for regulation.

Some major regulations in this regard in India are ● Support Pricing: Government offering to buy wheat or rice from farmers at a price which is higher than the market price. ● Public Distribution System: Supply of food grains at a price which is lower than the market price. ● Free Distribution: Distribution of piped water and free power to agriculture, which is a regulatory decision to levy zero traffic, stemming from policy stances

Regulation in India Evolution of Regulation in India ● Post-independence, India experimented with a ‘ socialist mixed economy model’ with the state retaining control over the commanding heights of the economy – heavy industries and utilities.

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● While private sector activity was allowed, the government tried to control it through a web of controls such as licensing and quotas in regard to intermediate goods, imports and outputs. Such controls were complemented by high tariff walls. ● Thus, the government was not only a producer and regulator of strategic and important goods and services; it also exerted direct control over the output, and sometimes even associated prices, of private sector activity. ● Given that electoral pressures exerted by various interest groups did affect regulatory actions by the government, such regulation can hardly be labelled as ‘Independent’. ● After 1985, the Indian economy embarked on a process of domestic reform, which involved the following elements- delicensing of industries and abolition of output quotas or bounds on outputs of firms, permission for private entry into sectors, which were hitherto the monopoly of the government, and liberalisation of quotas and tariffs on capital good imports. ● From 1991 onwards, liberalisation of the external sector meant that tariff reductions were extended to almost the entire spectrum of merchandise trade and conditions for foreign investment were simplified and liberalised. ● The process of domestic reform and external liberalisation is still ongoing. ● However, the producer profile in various sectors has undergone a significant change with private firms co-existing with government firms in many sectors, which were previously government monopolies (e.g. electricity, telecommunications). ● The consensus among decision makers has been that independent regulation is required in such sectors to guarantee a level playing field. ● As a result, independent regulators have been constituted in various sectors, starting with electricity and telecommunications, and the number is still on the rise.

Types of Regulation in India ● Regulation in India can be mapped under three broad categories: economic regulation, regulation in the public interest and environmental regulation. ● Economic Regulation: Economic regulation aims at preventing or tackling market failure. This is achieved with rules that prescribe and punish market distorting behaviour. ● In the Indian context include the Electricity Act of 2003, which hallows State regulators to fix tariffs for power consumption, thus preventing suppliers from taking advantage of natural monopolies. ● Regulation in the Public Interest: This covers areas where industries are failing to meet a standard or uphold something of public importance. ● This is different from market failure. A classic case is of health and safety, where firms can fall short in protecting employees or the general public from harm. ● The Bureau of Indian Standards (BIS) created by the Bureau of India Standards act, 1986 has been setting quality and safety standards for various products, some of which are mandatory. ● Such regulations are necessary due to low levels of consumer awareness, skewed income distribution and lack of capacity of the majority of the population to pay for essential services, essential needs such as food security. ● This calls for support pricing of food grains and encourages farmers to maintain a higher acreage under food grain cultivation, thereby enhancing food security.

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● Environmental Regulation: Environmental regulation covers actions to protect the environment from harm. ● A healthy environment is desirable not just on aesthetic grounds, but because environmental degradation imposes costs on land, labour and resources that have important consequences for economic development. ● In India, environment protection has been given constitutional status. ● The Directive Principles of State Policy state that protecting and improving the environment is the duty of the State as well as citizens of the country. ● The Government of India has enacted various laws to protect the environment through the Environment (Protection) Act, 1986 as the umbrella legislation. ● The Ministry of Environment and Forests is the nodal agency for environmental legislation. ● However, several states have also enacted their own legislation besides the major ones enacted by the Central Ministry.

The State Pollution Control Board (SPCB) established in each state, is responsible for implementing these legislations as well as issuing rules and regulations prescribing the standards for a clean environment.

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Jatin Verma’s IAS Academy

JV's Integrated GS course will be a one stop solution in an aspirant’s journey from Prelims till interview. It includes the coverage of all the General studies papers and the Essay paper. The syllabus has been divided into 12 Modules and each module covers a set of related classes. Besides, there will be tests at periodic intervals to enable the students to evaluate their progress. Moreover, the Students will have the facility of getting their doubts addressed on a weekly basis through virtual meetings with Mr. Jatin Verma. Our motto is to enable students to develop their own perspective on every topic given in the syllabus so that they can attempt any question in the exam situation and this is possible if we show the complete picture (prelims plus mains) to our students. What students will get:  Complete coverage of the UPSC CSE syllabus;  Access to Live & Recorded classes till 1 year after the course completion;  Access to full year Prelims Test Series;  Concise and upto the mark study material called “JV’s Top-up.”  JV’s Current Affairs Magazine PDF;  Periodic Mains answer-writing sessions with personalised guidance;  Personalised Guidance & Mentorship sessions with Jatin Sir over Zoom call.  Live sessions will be conducted on JV’s website: www.jatinverma.org  Medium of instruction will be bilingual (English and Hindi).  PDFs will be in English.  Total Fee: Rupees 39,500/-  For Queries Call: 8882932364  Note: If you have already enrolled for Comprehensive course on Indian Polity by Jatin Verma, you will have to pay only the balance amount of fee.