VI_PA_TS_2012_ANS_08.pdf

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1 © VISION IAS www.visionias.in Answer format/Synopsis: Public Administration Mains Mock Test-8 (2012) SECTION – A 1. (a) “The citizen is the heart of a democratic system”. Discuss. Answer format- Democracy is Government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system. Thus the citizen is the heart of a democratic system. Therefore: All governance institutions, particularly local governments should be judged by the satisfaction of citizens and the direct empowerment of people. for local governments to be effective in fulfilling their desired objectives, a series of mechanisms need to be constituted giving voice to the citizens. Measurement of citizens’ satisfaction as the consumer of public services is an important mechanism. Report cards, citizens’ feedback at delivery and service counters, call centres and such fora for the citizens’ voice to be heard and feedback to be counted, needs to be institutionalised in decentralised governance. In addition, social audit through credible community based organisations, civil society groups and prominent citizens would ensure citizen centricity. Representative democracy is a necessary mode of organisation in government. While citizen sovereignty is acknowledged, it is impractical for citizens to participate in decision making in large structures. A Gram Sabha comprising all the adult residents of a village is a far more legitimate guardian of public interest. Similarly, in urban governance too, we need to create smaller structures for decentralised decision making with people’s participation. The most important form of citizens’ participation is a community of clearly identifiable stakeholders in the delivery of a specific public service. For instance, parents sending their children to a public school, farmers receiving irrigation from a common source, producers selling their produce in a market and members of a cooperative are groups of clearly identifiable stakeholders who also need empowerment in consonance with the principle of subsidiarity.

Transcript of VI_PA_TS_2012_ANS_08.pdf

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    Answer format/Synopsis: Public Administration Mains Mock Test-8 (2012)

    SECTION A

    1. (a) The citizen is the heart of a democratic system. Discuss.

    Answer format-

    Democracy is Government by the people; a form of government in which the supreme power is vested in

    the people and exercised directly by them or by their elected agents under a free electoral system.

    Thus the citizen is the heart of a democratic system. Therefore:

    All governance institutions, particularly local governments should be judged by the satisfaction of citizens and the direct empowerment of people. for local governments to be effective in

    fulfilling their desired objectives, a series of mechanisms need to be constituted giving voice to

    the citizens. Measurement of citizens satisfaction as the consumer of public services is an

    important mechanism. Report cards, citizens feedback at delivery and service counters, call

    centres and such fora for the citizens voice to be heard and feedback to be counted, needs to be

    institutionalised in decentralised governance. In addition, social audit through credible

    community based organisations, civil society groups and prominent citizens would ensure citizen

    centricity.

    Representative democracy is a necessary mode of organisation in government. While citizen sovereignty is acknowledged, it is impractical for citizens to participate in decision making in

    large structures. A Gram Sabha comprising all the adult residents of a village is a far more

    legitimate guardian of public interest. Similarly, in urban governance too, we need to create

    smaller structures for decentralised decision making with peoples participation.

    The most important form of citizens participation is a community of clearly identifiable stakeholders in the delivery of a specific public service. For instance, parents sending their

    children to a public school, farmers receiving irrigation from a common source, producers selling

    their produce in a market and members of a cooperative are groups of clearly identifiable

    stakeholders who also need empowerment in consonance with the principle of subsidiarity.

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    (b) The govt company form of organization though has professional autonomy but it lacks public

    accountability. Comment.

    Answer format-

    Government company created by an executive act. Very important form of PSU in order to adopt market

    dynamics.

    PROFESSIONAL AUTONOMY

    Convenience in formation of govt company (no need of statutory approval). Flexibility in day to day administration ( In personnel administration, In financial administration ) Easy expansion & extension. It is necessary for coping the market demand.

    PUBLIC ACCOUNTABILITY

    Not answerable to parliament in adequate terms Dilution of publicness ( profitability is more important than social welfare)

    (c) "Capacity Building of Civil Services includes individual, institutional and organisational aspects."

    Comment.

    Answer format-

    Capacity Building ("CB") is a long-term continual process of development. The goal of CB is to tackle problems related to policy and methods of development, while considering the potential,

    limits and needs of the people of the country concerned.

    In the context of Civil Services, CB includes a large sphere much more than training. As per 2nd ARC, CB includes individual development, institutional development and organizational

    development.

    Individual Development includes all activities considered a part of Human Resource Development as opposed to only Human Resource Management. (List all processes that are a

    part of HRD including training etc.)

    Institutional Development includes development of suitable legal framework and institutions. It includes enabling organisations to achieve their objectives by making necessary legal and

    regulatory changes. E.g. 2nd ARC has recommended dis-aggregation of police force into

    specialized units for law & order, crime investigation and other functions. These units need laws

    specific to their requirements of authority and autonomy. Such laws should also spell out

    corresponding mechanisms of accountability.

    Organizational Development includes: (i) External Adaptation and Survival: focuses on enabling the organisation to cope with constantly changing external environment. This involves

    addressing issues of mission of the organisation, strategy to be adopted etc.; and (ii) Internal

    Integration: There should be effective means of communication to develop shared values. Also,

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    there should be effective mechanism to reward desirable behaviour and punish undesirable

    behaviour.

    The legitimacy of government depends on its ability to implement policies which in turn depends on a Civil Service capable of delivering. In order to ensure this comprehensive CB of Civil Services

    is the need of the hour.

    2. (a) A police department can't be successful without the community's trust. Comment with the various

    recommendations on police reform. 30

    Answer format-

    Elaborate the below points-

    1. People participation>>sharing of information 2. Community policing concept 3. People trust

    It is department standards for officers to be courteous to those who call for help, to be respectful of

    those they come into contact with and to uphold a level of professionalism. Officers can be reprimanded

    for swearing, for reckless behaviour or for discriminating against anyone based on age, race or gender.

    They are expected to follow the laws that they enforce.

    (b) Even before independence, a solid ground had been prepared for introducing and implementing

    administrative reforms in a systematic manner. Elucidate 30

    Answer format-

    During the British rule, a series of reforms were introduced in the Administrative system which continue

    to have an impact even on the present day Administration System-

    A few major reforms during this period include the

    1. Creation of the central Secretariat 2. The system of departmentalisation 3. Consolidation of district administration under the collector 4. Creating a well designed system of urban local government 5. Introduction of rule of law 6. Institutionalisation of impersonal government 7. Reorganisation of the judiciary 8. Integration of the police system 9. Creation of All India service ( including the steel frame of the Indian Civil service) 10. Recruitment by open competitive examination 11. Establishment of Public service commission

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    Development orientation in the civil service had its beginning during British rule itself which also saw the

    gradual evolution of responsible Government.

    Soon after World War II, the government of India asked Richard Tottenham to make recommendations

    on the reorganisation of the secretariat department and on the working of the tenure system.

    Tottenham submitted two reports, the first in December 1945 and the second in January 1946. In 1946,

    the first pay commission had also been appointed. Its report, however was submitted in 1947.

    3. (a) Legislature is the most effective and real instrument of control, defining the broad objectives of

    administration and providing the funds necessary to achieve them. Discuss. 30

    Answer format-

    The general political control implies that the legislature has a right to express j its agreement or

    disagreement with the way the government intends to orient or has oriented its activities. The second

    involves the detailed examination of government activities and ex-post facto scrutiny i.e. before a policy

    has been implemented.

    It is the second type of control which is worth consideration and true or effective control. The financial

    system consists of two branches - revenue and expenditure.

    1) As regards revenue, it is expressly laid down by our Constitution (Art 265) that no tax shall be levied or collected except by authority of law. The result is that the Executive cannot impose any

    tax without legislative sanction. If any tax is imposed without legislative authority, the aggrieved

    person can obtain his relief from the courts of law.

    2) The control that vests in the Lok Sabha which has the exclusive control of the money bills. 3) The demand for grants must come from the government. Neither the Lok Sabha, nor a State

    Assembly may vote a grant except on a demand for grant from the government.

    4) As regards expenditure, the pivot of parliamentary control is the Consolidated Fund of India. This is the reservoir into which all the revenues received by the Government of India as well as all

    loans raised by it are paid and the constitution provides that no moneys shall be appropriated

    out of the Consolidated Fund of India except in accordance with law (Art 266(3)). This law means

    an Act of Appropriation passed in conformity with Art. 114.

    While an Act of appropriation ensures that there cannot be any expenditure of the public revenues

    without the sanction of Parliament, Parliament's control over the expenditure cannot be complete

    unless it is able to ensure economy in the volume of expenditure. On this point, however, reconciliation

    has to be made between two conflicting principles, namely, the need for parliamentary control and the

    responsibility of the Government in power for the administration and its policies.

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    (b) "Public sector undertakings is just like a giant elephant ailing from foot-ache , which has potential

    to carry loads of expectation but moving forward slowly due to the pain." Explain reforming the public

    sector enterprises (PSEs) through Greenfield privatization. 30

    Answer format

    Greenfield Privatisation

    It is the process of reforming PSEs and aims at reducing involvement of the state or the public sector in

    the nation's economic activities by dividing the industries between public sector and private

    sector, favour of the latter. The policy of Greenfield Privatisation has made considerable progress since

    the introduction of the new economic policy (NEP) in 1991. The process of re-divide has been mainly

    through:

    I. De-licensing II. Reduction in budget allocation

    III. External aid/grant IV. Anomaly in duty structure V. Decision-making systems

    Since, October 1999 and with the run-up to Budget 2000, the Government has taken several steps.

    These include a full-fledged Ministry of Disinvestments, moving towards leasing out its international

    airport assets and the intention to privatize the two national air carriers. It would appear that the

    initiatives on selling off state owned enterprises have come of age.

    The Government sector encompasses a wide range of activities outside what may be regarded as

    Government proper-both commercial and social. A large part of the "Commercial" component of the

    state sector has been organized as companies, including the Central and State Public Sector Enterprises

    (PSEs). An equally large part is not including the power sector, railways, department of

    telecommunications and urban water utilities - although some states have taken steps to corporatize

    and unbundle their electricity boards.

    Privatisation of public sector enterprises holds the key to getting out of this quick-sand of fiscal deficit.

    There is a significant amount of shareholder value locked up in the public sector units which the

    Government should encash optimally and use the resulting inflows to pay off its debts. This requires

    political will and support from all major political parties whether in power or not.

    4. (a) Prime minister has a bearing on the govt and the parliament and it is the prime ministerial govt

    that governs the nation. What led to the growth of prime ministerial govt in India? 30

    Answer format-

    In India, the absence of an available national alternative and disunity in the ranks of the opposition has

    also contributed to the growth of Prime Ministerial government.

    Parliamentary system isn't an exception but contains structural factors which contribute to the Prime

    Minister's power and influence Factors such as the charisma of the leader, undisputed leadership of the

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    party, party discipline have helped the incumbent Prime Minister in emerging as the principle policy

    maker.

    In India, the stature of Nehru and Indira Gandhi and their undisputed mastery over the party and

    personal charisma have enabled them to exercise power and influence over the national affairs, which

    wasn't clearly envisaged by the constitution.

    The Prime Minister symbolizes the ruling power structure in the country. The functioning of the cabinet

    eventually depends on the personality of the Prime Minister.

    (b1) How far does the Constitutional framework of India cover aspects of Good Governance?

    Governance is the process of decision-making and the process by which the decisions are implemented.

    In order for governance to qualify as Good Governance ("GG") it must have the following eight characteristics. These characteristics have been discussed in light of relevant provisions of the

    Constitution of India ("COI"). {Octagonal Diagram may be included for better presentation}

    Participation by men and women is cornerstone of GG. The COI provides for socio-economic and political rights to women to enable this. Also, freedom of expression and association is needed to

    ensure that vulnerable sections' concerns are taken into consideration in decision making. The COI

    enshrines the right to freedom of speech and expression and freedom of forming associations as

    fundamental rights.

    Rule of Law: GG requires fair legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities. Impartial enforcement of laws requires

    an independent judiciary and an impartial and incorruptible police force. {Mention the relevant

    provisions: Art 14, 21 etc. - also highlight the limitation: no specific provision to ensure impartial and

    incorruptible police force}

    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. {Mention Art 19(1)(a) -

    Supreme Court of India interpreted this provision to include RTI - later supplemented by RTI Act}

    Responsiveness: GG requires that institutions and processes try to serve all stakeholders within a reasonable time-frame. There's no provision specifically on this issue.

    Consensus oriented: GG 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.

    {The choice of democratic polity in the COI underlines the importance of consensus orientation}

    Equity and inclusiveness: This requires all groups, but particularly the most vulnerable, have opportunities to improve or maintain their well being. {Cite provisions on reservations and special

    treatment of groups}

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    Effectiveness and efficiency: GG 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

    also covers the sustainable use of natural resources and the protection of the environment. {Cite

    provisions of Directive Principles on environment - however, no direct provision for effectiveness

    and efficiency}

    Accountability: Accountability is a key requirement of GG. {Under the COI Executive is accountable to the Legislature which is eventually accountable to the electorate}

    Thus although COI does not cover all aspects of GG, it sets a firm base for achievement of all these aspects.

    (B2) Can Constitutionalism be adequately understood as concerned wither solving the dilemma

    between empowering Government and limiting the Government?

    Answer format-

    Constitutionalism has a variety of meanings depending on the view one subscribes to.

    Descriptive View: Refers to the historical struggle for constitutional recognition of people's rights. It is descriptive of a complicated concept which is embedded in historical experience. It aims at

    subjecting the exercise of government's powers to limitations of a higher law.

    Prescriptive View: It addresses the issue of what Constitution should be. As per this view the government's powers must be limited. These limitations relate to executive, legislative and judicial

    powers.

    Movement: Constitutionalism is also used in the sense of a movement. The aim of this movement is to enforce a legal order called constitutional compliance. Inherent in this idea is making efforts to

    ensure that executive, legislature as well as judiciary adhere to the limitations placed on their

    powers in the Constitution and in the process comply with the spirit of the Constitution.

    Drafting: Constitutionalism is the process of assimilating and converting statutes, precedents, ideals and aspirations into fundamental and supreme law.

    Hence Constitutionalism does include balancing of empowerment of government and limiting the government. However, its concerns also include historical description, normative analysis, and

    mobilization of public opinion and process of assimilation.

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    SECTION B

    5. (a) There is a long way to travel to achieve effective decentralized governance in India. Discuss

    Answer format-

    The democratic decentralization took its shape with a view to better administration and developmental

    perspectives for quick rural development and co-operations of local people.

    State government does not possess adequate wisdom of local affairs and problems. In this sense, it

    constitutes a significant contribution to the theory and practice of nation building activities in the

    developing areas.

    Problems

    Diverse and huge problems in the functions and working patterns of the Panchayati

    Raj system which we are facing in the day to day activities can be broadly described as mentioned below:

    1. Initially, the domination of the bureaucracy over PRIs. The agent of implementation of all Major programmes (CDP or IRDP) has always been the State administration, various parallel Bodies

    that have grossly undermined the importance of the PRIs.

    2. Secondly, inadequate financial resources to carry out the administration are a serious problem. The grant-in-aid is the major component of the PRI revenue. The government should realize this

    difficulty and try to solve it permanently.

    3. Besides, other major problems are also affecting the structure. These are;

    Incompatible relations among the three tiers; Undemocratic composition of various P.R. institutions; Political bias; and Un-cordial relation between officials and people.

    Current News-

    In the year April 2002 there was a conference regarding Panchayat Raj held in New Delhi. It was

    significant for two reasons.

    a) It diagnosed the problems of panchayats. b) Recommended the prescriptions which,

    If implemented, can ensure proper devolution of power from the State Governments to the grass Root

    levels.

    The vital theme of the conference was the adoption of a 15 point recommendation or the national

    declaration for local self governance. The major highlights include:

    1. The District Rural Development Agency (DRDA) and other parallel bodies should be brought under the control of respective Zilla Parishad with the chair person of the Parishad as head.

    2. The State Government should implement the recommendations of the state financial commissions and enable the Panchayat Raj Institutions (PRIs) to raise requisite resources.

    3. The centre should provide non budgetary resources as loans to PRIs.

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    4. The Panchayat should have a Panchayat planning committee to advise the panchayats in formulating the developmental plans

    5. The district planning committee should be made functional by December 31, 2002. 6. The centre and state will make provisions for training Panchayat representatives

    (b) Extreme accountability impedes efficiency of operations while undue autonomy results in misuse

    of powers. Discuss.

    Answer format-

    Both operational autonomy and public accountability are essential for the proper functioning of public

    enterprises. Though autonomy of day-to-day management is indispensable for efficient conduct,

    accountability of public undertakings to Parliament and the public cannot be dispensed with.

    Autonomy and accountability are opposite forces. If too much autonomy is given to public sector

    undertakings, the accountability to the public interest. On the other hand, when there is too much

    interference by the Government an every decision of a public undertaking is reviewed by the Parliament,

    three will be no autonomy of operations. Extreme accountability impedes efficiency of operations while

    undue autonomy results in misuse of powers. Therefore, it becomes necessary to strike an appropriate

    balance between autonomy and accountability of public enterprises.

    The principle of public accountability is well recognized. In the words of the administrative reforms

    Commission; Public enterprises are financed from public founds. It follows that they must function

    within the confines of public accountability. The essential feature of this accountability in a democracy is

    the supervision and control exercised by Parliament. The need for such supervision and control is all the

    more great in a country like ours which is committed to the goal of bringing about a socialist pattern of

    society.

    In practice, a difficulty arises when the form and extent of public accountability ave to be specified.

    Parliamentary control should be exercised without encroaching upon the autonomy of internal

    management. But very often debated and discussions stretch to day-to-day functioning and politically

    motivated politicians treat public undertakings as the limbs of h government. As a result, managements

    of these undertakings hesitate to exercise initiative and responsibility.

    The following guidelines may be laid down to strike an appropriate balance between autonomy an

    accountability of public enterprises:

    (i) The Government must be given the right of laying down the overall objectives of public enterprises. Such objectives should be in harmony with the national objectives.

    (ii) As an investor, the government has the right of approving the major investment proposals of public enterprises, particularly when the funds are to be provided from the public exchequer.

    (iii) The government should monitor the performance of public enterprises without interfering in their day-to-day operations. Directions issued should be confined to policy matters only.

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    (c) CAG deserves a more prominent role in public financial management. Discuss.

    Answer format-

    To enable CAG to pursue its role in PFM, with greater effectiveness, there are several measures which

    merit consideration.

    First, CAG is an external audit institution which follows international benchmarks. It can play its role

    better if internal audit functions of the covered government organisations are strengthened. This is the

    responsibility of the executive branch at all levels of government. If the internal auditing function is

    strengthened, considerable efficiencies could potentially be attained at a much earlier date in the policy

    cycle. This would also help reduce over reliance on CAG. The executive branch should be required to be

    transparent and accountable about the measures which are designed to strengthen internal auditing.

    Second, the current CAG Act enacted in 1971 requires modifications. There is strong merit in changing

    the focus of CAG Act from funding (currently only the government agencies, and bodies substantially

    financed from the consolidated fund are included) to governance orientation.

    The current CAG Act creates ambiguity concerning the auditing requirements of certain urban and local

    bodies, development authorities, special purpose vehicles, and those involving public private

    partnerships (PPPs). As India becomes increasingly urbanized, and as the role of development

    authorities, PPPs etc. increases, their inclusion in CAG Act to ensure that significant proportion of the

    expenditure does not escape auditing requirements merits serious consideration. The auditing need not

    be necessarily undertaken by CAG. In certain cases, approved private sector auditing firms could be an

    acceptable alternative. The CAG Act, however, must clearly delineate the agencies to be audited by CAG.

    Third, CAG Act also needs to clarify the scope of the term audit. While the Act does not define it

    currently, in 2005 there was a clarification issued that CAG can undertake economic efficiency and

    effectiveness of government receipts and expenditures. This in effect would permit the CAG as a

    supreme audit institution to shift from transactional integrity to VFM audit, thus facilitating effective

    decision making. It would be useful for the Act to explicitly include the 2005 clarification, and enable the

    CAG to augment its current stock of multi-skilled and talented staff.

    Fourth, the arrangements for CAG to play an advisory role when a large programme or a scheme is being

    designed or implemented, also needs to be strengthened. For instance, the ambitious and expensive

    Aadhaar programme, being implemented at the Unique Identification Authority of India led by Nandan

    Nilekani, could lend itself to CAGs advisory role.

    Fifth, it is curious that currently there are no requirements that CAG must have access to the relevant

    records of the organisations being audited. This is often a major constraint in the smooth functioning of

    CAG. This constraint is often magnified by the poor quality of data, and limited data management and

    mining capabilities of the government organisations.

    It is encouraging that the rural development ministry has recently expressed interest in its programmes

    and schemes being audited by CAG. It is hoped CAG will be encouraged to undertake VFM audits as well.

    The ministry could also consider involving CAG at an earlier stage of their policy and programme cycles;

    strengthening its data gathering and monitoring systems; and improve its internal financial management

    and auditing skills to realise maximum benefit from CAGs expertise.

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    Sixth, the CAG has an important role at the state level as well. In 2009-10, states accounted for more

    than half of the combined expenditure of the central and state governments. This suggests a strong need

    to revamp the role of public accounts committees (PACs) of the state legislatures. Their deliberations

    should be made public. The states would particularly benefit from CAGs expertise by involving them in

    an advisory role at earlier stages of policy and programme.

    6. (a) Where the Union has such predominant powers, can the system be called federal? Discuss

    the distinctive features which place the Indian federation almost in a class by itself. 30

    Answer format-

    1) The division of powers between the Union and the States is the most elaborate ever attempted by any federal Constitution. Although the idea of a Concurrent List of powers is not new, no other

    Constitution has enumerated the items in such detail and included in it a variety of subjects with a

    view to eliminating as far as possible, litigation between the Union and the States, and also the

    diversity of law courts and procedures. The residuary powers are vested in the Union.

    2) Usually, under a federal system, the States have their own Constitutions separate from that of the Union. This is the case in the United States.

    The Indian Constitution, on the contrary, embodies not only the Constitution of the Union but also

    those of the States. Further, the States of the Indian Union have a uniform Constitution. The

    amending process both for the Constitution of the Union and the States is the same.

    3) Under the Indian federation, the territorial jurisdiction of each of the States can be changed, States themselves abolished and new States created, without resorting to the procedure prescribed for

    amending the Constitution (Art. 3).

    That is, the territorial pattern of the federal system as it exists today can be reorganized with

    suitable adjustments without resorting to the comparatively difficult process of a constitutional

    amendment.

    4) Dual citizenship is a usual feature that goes with the dual form of government established under a federation. As a result, each member-State has the right to grant its citizens or residents certain

    rights which it may deny, or grant on more difficult terms, to non-residents.

    This was a striking feature of the American federation in its early days. As time passed by, the rigours

    of 'dual citizenship' have become less. Still the idea continues to be associated with the federal

    system of government. In India, however, it has no place. The Constitution has established a single

    citizenship. Indians, no matter where they reside, are all equal in the eyes of the law.

    5) Dual polity involves in certain federations a double system of judiciary. For example, in the United States, the States have their own judicial systems unrelated to, and uncoordinated with the federal

    judiciary.

    Australia too follows more or less the same pattern. But in India the Supreme Court and the High

    Courts form a single integrated judicial system.

    They have jurisdiction over cases arising under the same laws, constitutional, civil and criminal. The

    Civil and the Criminal laws are codified and are applicable to the entire country. To ensure their

    uniformity, they are placed in the Concurrent List.

    6) A unique feature of the Indian federal system is its ability to adapt itself to changing circumstances. This is in contrast with the general characteristic of rigidity associated with federal Constitutions.

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    Normally, the Indian Constitution is meant to be federal. But under an emergency it can assume a

    unitary character. The process of change-over does not involve any complicated constitutional

    process.

    7) The Constitution vests certain extraordinary powers in the Union Government even during normal times. Thus, a resolution supported by a two-third majority of the Council of States can temporarily

    transfer any item from the State List to the Union List, enabling Parliament to pass laws on such

    items in the national interest. It also provides for Parliament to pass laws on items in the State List if

    two or more States ask for it.

    8) The Heads of the States the Governors are appointed by the President. They hold office during his pleasure.

    9) The Constitution has certain special provisions to ensure the uniformity of the administrative system and to maintain minimum common administrative standards without impairing the federal principle.

    These include the creation of All-India Services such as the Indian Administrative and Police Services

    and placing the members of these Services in key administrative positions in the States.

    10) Appointments to High Courts are made by the President and the Judges of the High Courts can be transferred by the President from one High Court to another.

    11) The Comptroller and Auditor-General of India have an organisation managed by the officers of the Indian Audit and Accounts Service a Central Service, who are concerned not only with the accounts

    and auditing of the Union Government but also those of the States.

    12) The Election Commission, a body appointed by the President, is in charge of conducting elections not only to Parliament and to other elective offices in the Union, but also those to the State Legislatures.

    13) Although every Bill passed by the State Legislatures normally becomes law with the assent of the Governor, certain Bills have to be reserved for the assent of the President. Only with the assent of

    the President can such Bills become law.

    14) The provision for giving grants-in-aid and loans from the Union to the States and the consequent capacity which the Union has to influence the States is again a special feature of the Constitution.

    15) The Constitution vests powers in the Union and its agencies to resolve conflicts that arise between the Union and the States. The Finance Commission, the Inter-State Council, etc., are examples of

    such agencies.

    16) Finally, constitutional amendment too is a comparatively simple process in India. This again, emphasizes the flexibility of the federal Constitution. Ultimately, the test of a Constitution is in its

    working. If it is found to be defective in any respect in its actual working, it should be amended. For

    this, the amending process should be reasonably simple and easy.

    The list is indeed formidable. Almost every one of these emphasizes the supremacy of the Union and

    its compulsive power to discipline the States.

    (b) Achievement of norms of Good Governance will influence and be influenced by changing Political

    Culture. Discuss 30

    Answer format-

    Political Culture ("PC") refers to the traditional orientation of citizens of a country towards politics affecting their perceptions of political legitimacy.

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    It is a distinct form of political philosophy that consists of beliefs on how governmental, economic and political life should be carried out. {Compare this with the definition of Governance and bring

    out the linkage}

    Almond and Verba proposed three types of pure PC viz. Parochial, Subject and Participant.

    In order to understand the interplay between achievements of Good Governance (GG) it is necessary to examine: (i) how a particular political culture may affect achievement of GG and (ii) how

    achievement of GG may facilitate or presume change in PC so as to cause a movement towards

    Participant PC. {Mention the attributes of GG preferably with the octagonal diagram}.

    {You may compare attributes of 3 types of PC with the help of a comparative table and later discuss connection with GG}

    Parochial PC: (i) Citizens are remotely aware of government; (ii) Citizens live their lives regardless of decisions taken by the state; (iii) There is neither any knowledge about political actors and

    institutions nor any interest in them; and (iv) Citizens are not oriented to political and administrative

    structures and processes. This impacts achievement of GG in certain ways: (i) Lack of participation;

    (ii) As part of ensuring transparency even if information is freely available, due to lack of apathy and

    awareness citizens don't utilize it; (iii) In view of lack of interest efforts for consensus-orientation

    don't serve the intended purpose. Thus achievement of GG in a parochial PC is faced with many

    impediments.

    Subject PC: (i) Citizens are aware of the government; (ii) Citizens are heavily subjected to the government's decisions; (iii) Citizens are aware of politics, political actors and political institutions;

    (iv) Citizens are oriented to political (but not administrative) structures and processes; and (v) The

    political structure is highly centralized. {Compare attributes of GG as done in Parochial PC}

    Participant PC: (i) Citizens are aware of the government; (ii) Citizens influence and are influenced by decisions taken by the government; (iii) Citizens are aware of politics, political actors and

    institutions; (iv) Citizens are oriented to political as well as administrative structures and processes;

    and (v) The political structure is democratic. {Discuss how participation, transparency, consensus-

    orientation and accountability can be achieved in Participant PC. Also discuss how these aspects of

    GG presume a Participant PC}.

    Thus Participant PC is not only conducive to achievement of GG norms but also a pre-condition for achievement of these norms.

    7. (a) Cabinet has a secretariat of its own which is the highest echelon of the administrative structure-

    offering locus for the exercise of authority by the government. Discuss. 30

    Answer format-

    The Cabinet Secretariat is responsible for the administration of the Government of India. The Cabinet

    Secretariat is responsible for the administration of the Government of India (Transaction of Business)

    Rules, 1961 and the Government of India (Allocation of Business) Rules 1961, facilitating smooth

    transaction of business in Ministries/ Departments of the Government by ensuring adherence to these

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    rules. The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial

    coordination, ironing out differences amongst Ministries/ Departments and evolving consensus through

    the instrumentality of the standing/ adhoc Committees of Secretaries. Through this mechanism new

    policy initiatives are also promoted.

    The Cabinet Secretary of India is the senior most civil servant in the country. The Cabinet Secretary is

    the Ex-Officio and Chairman of the Civil Services Board of the Republic of India; the chief of the Indian

    Administrative Service and head of all civil services under the rules of business of the Government of

    India.

    The Cabinet Secretary is under the direct charge of the Prime Minister.

    The following are the functions of a Cabinet Secretary:

    Provide assistance to the Council of Ministers

    Act as advisor and conscience keeper of the civil services

    Handle senior appointments

    Prepare the agenda of the Cabinet

    Attend the meetings of the Cabinet

    Ensure that the Cabinet decisions are implemented

    Advise the Prime Minister of India

    Act as the Chairman of the Committee of Secretaries on Administration

    Act as the Chairman of the Chief Secretaries Committee

    Provide an element of continuity and stability to administration during crises

    (b1) Politicization of crime and criminalization of politics inevitably becomes a two way process.

    Substantiate with N.N. Vohra committee report. 15

    Answer format-

    It is an undeniable fact that within the last two to three decades politicians have extended their

    patronage to criminals and now criminals are wealthy and influential enough to enter politics. We now

    see politicians being transformed into criminals and the boundary between politics and crime has

    become blurred to such an extent that politicians committing blatant crimes are now pass. There is a

    tacit immunity extended to them not only by the police but by even the ultimate powers that be. Around

    20% of the members of the current Lok Sabha have criminal cases pending against them.

    The report by N.N.Vohra found such deep involvement of politicians with organised crime all over India

    that it was barred from publication.

    1. Vohra observes "the various crime syndicate/mafia organisations have developed significant muscle and money power and established linkage with governmental functionaries, political

    leaders and other to be able to operate with impunity.

    2. Our elections involve a lot of black money and it is this use of black money in elections which has also brought about the criminalization of politics. After all, the story of the Hawala scam started

    by the police stumbling to the Jain diaries in their effort to trace the money received by the

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    Kashmir militants. The scam brought out the linkage between the corrupt businessmen,

    politicians, bureaucracy and the criminals.

    Reasons of This Criminalization:-

    (1) Vote Bank:-

    The political parties and independent candidates have astronomical expenditure for vote buying and

    other illegitimate purposes through these criminals or so called goondas.

    (2) Corruption:-

    In every election all parties without exception put up candidates with a criminal background. Even

    though some of us whine about the decision taken by the parties, the general trend is that these

    candidates are elected to office. By acting in such a manner we fail to realize that the greatest power

    that democracy arms the people is to vote incompetent people out of power.

    (3) Loop Holes In the Functioning of Election Commission:-

    The Election Commission must take adequate measures to break the nexus between the criminals and

    the politicians.

    (4) Denial of Justice and Rule of Law: -

    Criminalization is a fact of Indian electoral politics today. The voters, political parties and the law and

    order machinery of the state are all equally responsible for this.

    Conclusion- There are urgent measures to be taken such as the speedy construction of law courts and

    prisons for justice to be done. Building of courts and prisons should have priority over the construction

    of massive cricket stadiums if this resplendent isle is to not turn into one hell of an underworld.

    (B2) Development cannot be sustainable without mitigation being built into the development process.

    Elaborate 15

    Answer format-

    Development result-

    1. Food sovereignty issue 2. Inequality in Society 3. Feminism 4. Environmentalism

    Now discuss the mitigation measures like- in environmentalism- we can discuss the Long term disaster

    mitigation/prevention plans, include

    1. Greater people participation 2. Global approach 3. construction of protective bunds, 4. afforestation, 5. plantation of drought resistant vegetation,

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    6. construction of shelters, 7. raising embankments, 8. retrofitting of buildings, 9. Permanent relocation of vulnerable settlements etc.

    As above, now discuss the remaining issues.

    2nd

    Arc Recommendations related to disaster management:

    The activities in the disaster management plans should be included in the development plans of the line agencies and local bodies like panchayats and municipal bodies.

    The supervisory level of each agency should ensure that the annual plan of that agency incorporates the activities listed out in the disaster Management plan on a priority basis.

    Incorporation of disaster mitigation plans into the development plans should be specially monitored at the five year and annual plan discussions at State and Union (Planning Commission) levels. The

    Planning Commission, State Planning Boards and Planning Departments must revise on priority basis

    the Performa for formulating plan proposals to ensure that the process adequately takes into

    account the disaster prevention/mitigation concerns.

    8. (a1) Write short note on Special features of Financial Management in a public sector undertaking. 15

    Answer format-

    Special features of Financial Management in a public sector undertaking (PSUs):

    1. Role of financial advisor: The financial advisor occupies an important position in public sector undertakings. His concurrence is required on all proposals which have financial implications.

    2. Capital budgeting decisions: The power upto certain limits, in respect of individual capital expenditure items has been delegated to the board of public sector undertakings. For making

    investments beyond the limit the proposal goes to Public Investment Board which appraises and

    recommends projects to the Central Government.

    3. Capital structure decisions: Such decisions involve the identification of different sources of finance. Normally PSUs are financed on the basis of half of their capital being in the shape of

    equity and the rest in the shape of loans. The funds are also provided to PSUs directly by the

    government. The following factors are taken into consideration at the time of designing capital

    structure (i) gestation period (ii) level of business risk (iii) capital intensity of project and (iv)

    freedom of pricing.

    4. Working capital management: The inventory constitutes a major portion of the working capital of public sector undertakings and hence proper inventory management should be given top

    priority by public sector undertakings.

    5. Audit: Public sector undertakings in addition to regular audit conducted by professional accountants, are subject to efficiency-cum-propriety audit by the Comptroller and Auditor

    General of India whose reports are presented to Parliament every year.

    6. Annual report: The annual reports of public sector units though similar to those of private sector units, tend to provide more information.

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    7. Pricing policy: The bureau of public sector undertaking has laid down certain guidelines for pricing by PSUs with the objective to serve the overall interest of the community at large.

    8. Status of public sector undertaking: PSUs are organized mainly as departmental enterprise or statutory corporation or companies.

    (a2) Local Self-Governments can play an important role in crisis management under the overall

    leadership of the District Administration. Discuss 15

    Answer format-

    Local self-governments, both rural and urban, have emerged as important tiers of Governance, after

    the 73rd and 74th Amendments to the Constitution. For the people, they are Also the nearest units of

    administration and are among the first responders to any crisis besides being closely knit with the

    communities.

    1. People involvement or greater participation 2. Sharing responsibility 3. Fast decision making process 4. Result oriented action

    These units can thus play an important role in crisis management under the overall leadership of the

    District Administration.

    ARC recommendation-

    In major cities (say, with population exceeding 2.5 million), Municipal Corporations have a large

    administrative system including departments like engineering, public health and revenue, and

    sometimes fire services. These should provide a good mechanism for coordinated response in case of

    any crisis/disaster. Moreover, in cities where there is a Police Commissioner System, the District

    Collector does not have as much a role as in other districts. In such situations, District Disaster

    Management Authority prescribed by the Disaster Management Act, 2005 may not be very suitable. In

    metropolitan cities it is advisable to make the urban metropolitan government directly responsible for

    disaster management.( the Mayor, assisted by the Commissioner of the Municipal Corporation and the

    Police Commissioner should be directly responsible for Crisis)

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    (B) As being the representative of the centre in the state, it is the governor's responsibility to see that

    the federal balance and political stability are not sought to be destroyed or undermined. Discuss with

    examples.

    Answer format-

    Dr. B.R. Ambedkar, the chairman of the drafting committee, said: "Under the parliamentary system of

    government, there are only two prerogatives which the King or the Head of the State may exercise. One

    of them is the appointment of the Prime Minister and the other is the dissolution of the House. With

    reference to the Prime Minister, it is not possible to avoid vesting the discretion in the President." To a

    query about the position of the Governor in a State, Ambedkar said: "The position of the Governor is

    exactly the same as the position of the President."

    Art 155 and 156 provide that the Governor, who is the constitutional head of a State, is to be appointed

    by the President and stays only until the pleasure of the President The Centre may take over the

    administration of the State on the recommendations of the Governor or otherwise. In other words,

    Governor is the agent of the Centre in the States. The working of Indian federal system clearly reveals

    that the Governor has acted more as centre's representative than as the head of the State. This enables

    the Union government to exercise control over the State administration.

    The Governor is the head of the State and holds a high constitutional office which carries with it

    important constitutional functions and duties.

    He is constitutionally the head of the State in whom is vested the executive power of the State.

    The persons of calibre, experience, and distinction are chosen to fill these posts. Such persons are

    chosen not to enable them to earn their livelihood but to serve society. It is wrong to assume that such

    persons having been chosen on account of their stature, maturity and experience will be demoralised."

    Federal balance- He acts as both the constitutional head of the state as well as an agent of the centre.

    (elaborate).

    Cite examples ~ any governor of any state.

    Political stability- On his report, president's rule is imposed on the state. ( If the govt is not run on the

    lines mentioned in the constitution of India)

    In practice president's rule has been imposed under different circumstances such as

    1. State Legislature is unable to elect a leader as Chief Minister

    2. Break down of Coalition

    3. Irretrivable break down of law and order

    4. Rebellion or insurgency in a part of India

    5. Elections are postponed due to unavoidable reasons

    Example:

    ~ In march, 2009,In Meghalaya, Govt. dismissed after controversial confidence vote secured in the

    Assembly by CM Mr. Donkupar Roy.

    ~ In 2009 & 2010, govt dismissed due to loss of majority in Jharkhand on Governor's report.

    ~ In 1973 in Andhra, Break down of Law & Order due to Jai Andhra Agitation, In P.V.Narasimha Rao's

    Tenure.

    etc.