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ASSIGNMENT SOLUTIONS GUIDE (2015-2016) B.P.A.E.-102 Indian Administration Disclaimer/Special Note: These are just the sample of the Answers/Solutions to some of the Questions given in the Assignments. These Sample Answers/Solutions are prepared by Private Teacher/Tutors/Authors for the help and guidance of the student to get an idea of how he/she can answer the Questions given the Assignments. We do not claim 100% accuracy of these sample answers as these are based on the knowledge and capability of Private Teacher/Tutor. Sample answers may be seen as the Guide/Help for the reference to prepare the answers of the Questions given in the assignment. As these solutions and answers are prepared by the private teacher/tutor so the chances of error or mistake cannot be denied. Any Omission or Error is highly regretted though every care has been taken while preparing these Sample Answers/ Solutions. Please consult your own Teacher/Tutor before you prepare a Particular Answer and for up-to-date and exact information, data and solution. Student should must read and refer the official study material provided by the university. NSECTION-I Answer the following question in about 500 words each. Q. 1. Examine the role District Collector in development. Ans. Functions of the Collector: The collector is the highest authority in the District Administration and he looks after both the development and the regulatory areas of administration. Broadly, the functions of the collector are: Head of Revenue Administration, Head of Police Administration, Head of District Administration, and An agent of the Government. Revenue: After Independence the importance of Development Administration has gone up while that of revenue administration has gone down but the functions related to revenue still remain with the collector. He is the Principal Revenue Officer and Head of the Revenue Administration in the district. He is also responsible to takkavi loans and dues belonging to other departments. Appellate jurisdiction in revenue cases lies with him. He is also responsible for maintenance of land records and collections of statistics at the village level. As the head of Revenue Administration, he conducts and controls relief operations in an emergency situations like floods or famine in the district. During any emergency situation, it is only on the basis of District Collector s assessment that the government decides the quantum of relief to be granted to ameliorate the sufferings of the people. Besides Revenue Administration other important functions of the collector include magisterial duties. As the Collector is in-charge of law and order administration in the district, he has control and supervisory role over the Police Administration. The Superintendent of Police helps him in discharge of his police functions in the district. In many other important areas like conduct of elections, census operations and supervision of local government institutions, etc. The collector plays a central role. It is the duty of the collector to ensure the availability of essential commodities in the district and proper functioning of the Public Distribution System. Being the head of the District Administration the collector is responsible for the implementation of Government policies at the district level. He also coordinates between different departments and agencies of the government. In fact, his responsibilities are so wide that there is hardly any area of District Administration in which he is not involved. Collector and Panchayati Raj Institutions: As India adopted the path of planning in post-independence period, the district level Development Administration became very important part of the collector s functions. Balwant Rai Mehta Committee recommended that Collector should be the Chairman of the Zilla Parishad, but it has not been 2
accepted by all the State Governments. As some States accepted it, and some other didn t accept it. Hence, the rationship between the collector and the PRI differ from State to State. In Uttar Pradesh and Bihar the Collector is entitled to attend the meetings of the Panchayat Samiti and its standing committees but has no right to vote. While in Tamil Nadu he is the Chairman of District Development Council, in Maharashtra and West Bengal he is kept out of the Zilla Parishad. In Andhra Pradesh he is not only the member of Zilla Parishad but also the Chairman of all the standing committees in whom executive authority is vested. Under the Act the State Governments had the power to decide about the relationship of the PRIs and the Collector. Q. 2. Analyse the role of Panchayati Raj Institutions in rural development. Ans. Panchayati Raj Institutions: After the 73rd Constitutional Amendment a three-tier system of Panchayati Raj Institutions (PRIs) has become prevalent in the country. The three-tier structure is: 1.Gram Panchayat is the basic grass-root level unit of Panchayati Raj Institutions (PRIs). Village Panchayats are not unknown to the village communities in India as they have been in vogue in ancient times but now they are given statutory status. A Gram Panchayat has reservations for women and scheduled castes and tribes and it can be compared to the legislature of a State. 2.Panchayat Samiti is above the village level Gram Panchayats and below the district-level Zilla Parishad. The State may provide representation Nto Chairpersons of the Village Panchayats, MPs, MLAs and MLCs in it. 3. Zilla Parishad is the supreme Panchayati Raj Institution (PRI) of the District. It advises the government in all matters concerning development activities and maintenance of services in the district. The State may provide representation to Chairpersons of the Panchayat Samitis, MPs, MLAs and MLCs in it. State and Panchayati Raj Institutions The Panchayati Raj Institutions are created by the State Acts which determine the nature of their relationship with the State Governments. The State Governments are vigilant about their working and Department of Panchayati Raj and Local Government in the States deals with them and issues guidelines. The States provide grants and specify the purpose and method of utilising them. The State officials working in Panchayati Raj Institutions are another method of controlling them. While some regulation and control are necessary, Panchayati Raj bodies should not be cramped by too much control by the State Governments institutions. Care should be taken to ensure that the autonomy of Local Self-Government is not harmed. An Appraisal The Panchayati Raj Institutions are grassroot level democratic institutions. They are an attempt to bridge the gap between the administration and the people. They have made the people conscious of their rights paved the way for emergence of new type of leadership and strengthened the democracy in rural society. The basic objective of the acts creating Panchayati Raj Institutions was to ensure popular participation in local governance and formulation of plans to meet the local requirements. It can be said that the Panchayati Raj Institutions have played an important role in giving impetus to development process and raised popular aspirations. They have provided the people opportunities to participate in policy formulation and implementation. Ashok Mehta Committee has pointed out that the social base of the Panchayati Raj leadership is rather narrow and Panchayati Raj Institutions are dominated by land owning castes and classes. This domination has resulted in neglecting the welfare of weaker sections of society. Often the emphasis is on the rules and procedures and this hampers popular initiatives. SECTION-II Answer the following questions in about 250 words each. Q. 3. Highlight the significance and changing role of the Prime Minister s Office. Ans. Organisation and Functions of PMO: Prime Minister s Office is headed by the Principal Secretary and has many Additional and Joint Secretaries, Directors and Officers on Special Duty looking after the work assigned to them. The Prime Minister may have a Secretary from outside the Civil Service. Besides providing secretarial help to the Prime Minister, the officials of the PMO are also expected to act as think-cell or think-tank to provide the Prime Minister with necessary inputs for important desions and policies. The division of work in the PMO is made according to the political and administrative requirements of the time and the experience of the persons working there. 3
The functions of the Prime Minister s Office include helping the Prime Minister in accomplishing his various duties. They can be enumerated as: Maintaining liaison with the President and Governors of the States. Maintaining liaison with the representatives of foreign governments. Helping the Prime Minister in his duties as Chairman of the Planning Commission and the National Development Council. Helping the Prime Minister in his duties in Parliament and preparing the answers to the questions asked in the House. Looking after the public relations of the Prime Minister, like contact with the media and general public. Dealing with references which come under the Rules of Business to him. Dealing with the public grievances addressed to the Prime Minister. Changing Role of the PMO The evolution of PMO over the decades has many remarkable features. Its importance has been changing from time to time. Sometimes the changes were necessitated by objective circumstances and many a time by the nature of the incumbent. During the period of India s first Prime Minister Jawahar Lal Nehru the role and size of Prime Minister s Office, or Prime Minister s Secretariat as it was then known, was limited. During Nehru s tenure Ngreat reliance was placed on the ministries and the Cabinet Secretariat was the primary coordinating agency. In a Parliamentary system the demarcation between the Cabinet Secretariat and the Prime Minister s Office always tends to be hazy and much depends upon the incumbents. The role of Prime Minister s Secretariat steadily increased later. When Lal Bahadur Shastri became the Prime Minister he took first steps to strengthen it. It acquired a fullfledged Secretary. Its influence in policy-making also increased. A big change came when Indira Gandhi became the Prime Minister. As she had very limited experience of administration at the time of assuming office, her dependence on Secretariat was much greater. Later she strengthened her position organisationally and politically. With the passage of time, the Prime Minister s Secretariat became more and more powerful. Its authority grew and its writs began to be obeyed by all. It was during the internal emergency of 1975-77 that Prime Minister s Secretariat emerged as focus of all authority. At that time it turned into a real centre of power and authority. During Janata Party rule (1977-80) an effort to curb the concentration of power at Prime Minister s Secretariat was made. Both its size and role were curtailed and it was reduced to the status of an office. Its name was changed from Prime Minister s Secretariat to Prime Minister s Office. But this trend did not last long. After Indira Gandhi s return to power, the power and authority of the Prime Minister s Office again increased, though not to the earlier extent. However, during the last decade both the role and size of the PMO have increased. There is a noticeable trend towards concentration of policy-making power in the PMO. Q. 4. Discuss the scope and methods of Judicial control over administration. Ans. Scope of Judicial Control over Administration: In a developing country like India where the State is enjoined to play an important role in the process of development, the judiciary too is expected to share the responsibility of ensuring social justice. In the Constitutional scheme of India, the judiciary can act as a check on the executive and legislature by using its power of judicial review. Judicial intervention is permissible only when it is sought and it is restrictive in nature and limited in its scope. In administrative activities the judicial intervention is confined to following cases: (a) Lack of Jurisdiction: In cases where any public official or administrative agency acts without authority or beyond authority, the courts can declare such acts as ultra vires. (b) Error of Law: In cases where any official misconstrues the law and imposes upon citizens obligations which are absent in law, the courts can act and set right such cases. (c) Error of Fact: In cases where actions were taken on wrong assumptions. Any citizen affected adversely by such actions can approach courts. (d) Error of Procedure: In cases where the prescribed procedures were not followed, intervention of the courts can be sought. 4
(e) Abuse of Authority: Incases where a public official exercises authority vindictively to harm a person or for his personal gain, intervention of the courts can be sought. Forms of Judicial Control over Administration: There are two systems of legal remedies against administrative encroachment of citizen s right, known as Rule of Law System and Administration Law system. The forms and methods of judicial control over administration vary according to the constitution of the country. While the system of Rule of Law is prevalent in Britain, America and many commonwealth countries including India, the Administration Law system prevails in France. The Rule of Law system assumes equality of all before the Law and application of the same law to all. There are separate law and courts for dealing with administrative actions under the system of Administration Law. Judicial Review: The judicial review is one of the most potent ways of judicial control over administration available in the Constitution of India. The judiciary can act as a check on the executive and legislature by using its power of judicial review. It implies the power of judiciary to examine the legality of administrative acts and executive orders and constitutionality of the legislative enactments. The power of judicial review is restricted by certain provisions of the constitution. Similarly, some provisions exclude judicial review of certain legislative enactments. In many other democratic countries the judicial review is an effective method of judicial control over the administration. The doctrine prevails in countries where Constitution is held supreme like America and Australia. Extraordinary Remedies: Writs Another important method Nof judicial control over administration provided in the Constitution of India is the power to issue writs. A writ can be either a command for action or an order to prevent an action. Writs are regarded as extraordinary remedies because the writs are issued only when no other remedy is available. Writs play a valuable role in ensuring the justice or preventing the occurrence of injustice. Some important writs are: (a) Habeas Corpus: The writ is an order to produce a person before the court and submit to its order. The literal meaning of Habeas Corpus is to have the body of. A relative or a friend of a detained person can approach the court to issue this writ. As a person can not be unlawfully detained, this writ is a very effective protection of individual freedom. (b) Mandamus: If a public official fails to perform a duty assigned to him, the court can through this writ command him to perform the act. The literal meaning of Mandamus is a mandate. The provision of Mandamus is very potent in ensuring judicial control over administration. (c) Prohibition: This relates to the writs issued by the superior court to an subordinate court, thereby preventing it from transgressing its jurisdiction. Its use is generally limited to judicial purposes only. (d) Certiorary: While Prohibition is preventive, certiorary is both preventive and curative. This writ is issued by the superior court for transferring the records of proceedings of a case from a subordinate court or quasi-judicial body to it. (e) Quo Warranto: When there are doubts about the credentials of a person holding a public office, the court by issuing this writ can enquire the legality of his claim to that office. The literal meaning of Quo Warranto is on what authority. The writ of injunction is not specifically provided in the Constitution, but the courts in India issue this writ whenever they deem fit. The nature of this writ can be both either mandatory or preventive. Through this writ the court can give a mandate to a public officer to do certain thing or restrain him from doing a thing that may cause irreparable harm to the rights of an individual. Q. 5. The Legislature also acts as an instrument of popular control over adminstration. Comment. Ans. State Legislature: Like Parliament of the Union, State Legislature too can be bicameral. The only difference is that it is optional in the States. A State can decide to have, besides the Legislative Assembly elected by the people, a Legislative Council also. It can also abolish the Council whenever it wants. At present only few States have two Houses. In legislative procedure, in cases of any differences, the will of the Assembly prevails. The Assembly has more powers than the Council. A Money Bill can originate only in the Legislative Assembly and not in the Legislative Council. The Council cannot reject or modify the Money Bill passed by the Assembly. The Council can recommend some changes in the Bill which may or may not be accepted by the Assembly. The Legislative Council has to return the Money Bill sent by the Assembly within 14 days. 5
In a Parliamentary democracy the Executive is accountable to the Legislature. The State Legislature acts as an instrument to control over administration. It exercises the control in following ways: Assembly Questions: The members of the Assembly have a right to ask questions from the government. They can also ask supplementary questions to point out the shortcomings of its functioning. Discussions: On important public matters the members of the Assembly can ask for discussions. Call Attention and Adjournment Motions. Financial Control by Budget: The Legislature discusses the budget in detail before passing it. It can also make changes in the budget proposals. Post-expenditure Control: The accounts of the State Government are audited by the Comptroller and Auditor General of India (CAG), and the report is sent to the Assembly through the Governor. The Public Accounts Committee of the Legislature examines the report and presents it before the Assembly. Legislative Committees: Besides Public Account Committees, many other committees like Estimates Committee, Committee on Assurances and Committee on Public Undertakings, etc., examine and point out the failures and weaknesses of the government. Ministerial Responsibility: As the political executive is answerable to the legislature, the administrators are responsible to it through the ministers. In fact, this is the most potent control by the legislature because the government can continue only as long as it commands the confidence of the Assembly. N In States the executive headed by the Council of Ministers under the leadership of the Chief Minister is answerable to the Legislative Assembly elected by the people. The Legislature exercises its control over administration in many ways. The members of the Legislative Assembly ask questions from the government on various issues to highlight the weaknesses of the government. The members can ask for discussion on burning issues, they can also press for Call Attention and Adjournment Motions on these issues. The Legislature can also exercise financial control over the administration in a number of ways. The money required for ministries and departments comes through budget allocations which are sanctioned by the Legislature. While discussing the budget the Legislature can change the budget proposals. It can also exercise post-expenditure control as the report of the Comptroller and Auditor General of India (CAG) is placed before it. The system is such that the accounts of the State Government are audited by CAG and the report is sent to the Assembly through the Governor. Before being placed before the Assembly, the report is examined by the Public Accounts Committee of the Legislature. Many other legislative committees such as Committee on Public Undertakings, Estimates Committee and Committee on Assurances etc., examine the working of the State Government and underline the shortcomings and failures of the government. The principle of Ministerial Responsibility is the most potent control by the legislature over the government. In a Parliamentary democracy the Executive is accountable to the Legislature, hence, the government can continue only as long as the council of Ministers can commands the confidence of the Assembly. Q. 6. Describe the administrative relations between the centre and states. Ans. Centre-State Administrative Relations: The Constitutional provisions relating to the Centre and State Governments have ensured dual polity with the Union Government at the Centre and the States Governments at the periphery. Since cooperation and coordination between them is essential, the Constitution has provided detailed division of executive, legislative and financial powers. The powers granted to the Union by the Constitution include the power of directions to the States to ensure compliance of the laws passed by the Parliament, for the protection of the railways, construction and maintenance of means of communication. The administrative relations between the Union and the State can be considered in two parts, the exercise of powers by the Union over the States granted by the Constitution and by extra-constitutional agencies. The division of administrative powers between the Centre and the States as per Constitutional provisions include: (a) Direction by the Union to the States Governments, (b) Delegation of Union functions to the States, (c) All India Services, (d) Deployment of Military and Para-military forces, (e) Constitution of Joint Public Service Commission for two or more States, (f) Judicial System, (g) Inter-State Council and (h) Inter-State Water Disputes Tribunals, etc. The federal system of dual governments necessitates provisions for the acceptance of public acts of both governments to avoid inter-governmental conflicts. A State refusing to recognize acts and records of another State 6
may create confusion. To eliminate such a possibility, The Constitution of India provides the full faith and credit clause. The Article 261(i) of the Constitution has stipulated that full faith and credit shall be given throughout India to public acts, records and judicial proceedings of the Union and all the States. This clause is very crucial to ensure normal transaction of administrative activities without any hindrance throughout the country. It must be noted that the term public acts relates to not only statutes but to all other legislative and executive acts of the Union and the States. SECTION-III Answer the following question in about 100 words each. Q. 7. Anayse the issues confornting police administration. Ans. Issues Confronting Police Administration: When India attained freedom the Government of India accepted the highly centralized police organization of the colonial period to maintain stability and to meet the challenges of the time. The Police Administration in India has not been able to change in accordance with the spirit of democracy. The organizational accountability to higher authorities is no substitute for public accountability. One of the issues confronting the Police Administration is its resistance to any change. The main reason hampering the change is its archaic law. Though the conditions today are vastly different from what they were in the nineteenth century, the Indian Police Act of 1861 continues to be the basis of police system. Barring some minor, cosmetic changes the system Nhas not undergone any significant change. Another issue confronting the Police Administration is Constitutional. Under the Constitution, the law and order is a State subject. But many a time States have failed to maintain the law and order situation under control and, consequently the role of Central forces like Central Reserve Police Force and Border Security Force has increased. On occasion the deployment of Central Forces in the States, without informing them has strained the Centre-State relations. Some States even barred investigations by the CBI creating tensions between the Centre and State. Of late, it is pointed out that the anti-social elements, terrorists and various types of criminals have no regards of States territories. For proper investigations and actions against them, much more coordination between the Central and State agencies is required. The third issue confronting the Police Administration is politicization. In a democratic system proper coordination between the peoples representatives and administrative authorities is required to ensure smooth and efficient functioning. But, during the recent decades the relationship between the administrative services and the political leaders has led to politicization of police. Some of the higher level officials are alleged to have close proximity with politicians of different hue. The result is that whenever there is a change of political leadership, a very large number of officials get transferred. In some States the emergence of regional parties has aggravated this problem. This type of politicization has vitiated the working of the Police Administration. Q. 8. Enumerate the functions of Municipal bodies as per the 74 th Constitutional Amendment Act, 1992. Ans. 74th Constitutional Amendment: Two important Constitutional Amendment Acts of 1992 were aimed to strengthen the Local Self-Governments. While 73rd Constitutional Amendment was related to Panchayati Raj, the 74th was related to Municipal bodies. There are now three types of Urban Local Self-Government institutions. Big cities have Municipal Corporations, medium-size cities have Municipal Councils and small urban settlements have Nagar Panchayats. All the three bodies of Local Self-Government are directly elected from the constituencies of the area of their jurisdiction. They include members of Parliament and the Legislative Assemblies representing the constituencies falling wholly or partly within the area of their jurisdiction and members of Council of States and Legislative Councils who are registered as electors in that area. One of the salient features of these bodies is the reservation of one-third seats for women. These bodies also have reservations for scheduled castes and tribes. Another salient feature relates to regular flow of funds. It is mandatory for the State Government to appoint a Finance Commission every five years for allocation of financial resources to these bodies. Moreover, the Constitution Amendment provides for setting up of District Planning Committees to consolidate the plans for the district prepared by the Local Self-Governments, the Municipalities of the urban areas and the Panchayats of the rural areas. To keep these bodies functioning and out of direct control of the State Government, the Constitution Amendment has provided them a term of five years. In case they are dissolved, for any reason, fresh elections are to be held within six months. Further, their election should be conducted by an independent State Election Commission to be appointed by the Governor. 7