Assignment Code: BPAC-103/ASST/TMA/2021-22

Course Code; BPAC-103

Assignment Name: Administrative System at Union Level

Year: 2021-2022

Verification Status: Verified by Professor

Assignment A

Answer the following questions in about 500 words each.

Q1. Discuss the administrative system of Gupta period. 20 marks

Ans) The Gupta period was described as the golden age of ancient India. Northern India was unified politically, ushering in an age of orderly growth and development.

The Gupta administration is classified as follows:

Central Administration

The Gupta era was ruled by a beneficent monarchy. The King was the ultimate authority and had vast powers to ensure the Empire ran smoothly. Aristocracy ruled over him in all spheres.

The Gupta Kings appointed the government and civic authorities. Everything was King's. The King ruled the entire Empire. He studied dams, justice, taxation, and poverty relief. The Kings couldn't afford arrogance. They must follow Rajya Dharma ideas. He had ministerial and bureaucratic power. The emperor was helped by the Mantri Parishad. The state's Prime Minister, Mantri Mukhya, was a significant member. The King and his ministers made all significant decisions. It was valued by the King.

 Provincia Administration

The Guptas organized a system of provincial and local administration. The Empire was divided into divisions called ‘Bhukth’ and each Bhukti was placed under the charge of an ‘Uparika.’ The Bhuktis were divided into districts or Vishayas and each Vishaya was under a Vishayapati. The Vishayapatis were generally members of royal family. They were assisted in the work by a council of representatives.

Local Administration

The city was ruled by a Parishad headed by Nagara Rakshaka. Purapala Uparika was another officer. Avasthika, a special officer, worked as the Superintendent of Dharamsalas.

Village was the smallest administrative entity. Gramika was the village chief. There were also Dutas or messengers, headman, and Kartri. A village assembly aided Gramika. Gupta rural bodies like Panchayats were in charge of villagers' care. These rural bodies included the village headman and elders. Thus, the Guptas encouraged local participation at all levels of government.

Revenue Administration

Tax collectors included Viniyuktaka, Rajuka, Uparika, Dashparadhika, and others. The main revenue source was land. 1/6th of total production was commonly set. It was also a big money maker. The majority of the profits went to charity. Those without land rights were taxed. 6% of the total. Aside from Bhaga (income tax), other sources were customs, mint duty, and gift tax. Aside from taxes, criminals were fined Dasaparadha.

Land grants financed salaries (in lieu of cash). It gave them inherited land rights. But the King may regain it. Brahmins got tax-free lands.

Judicial Administration

The Guptas had a significantly more established judicial system than earlier. Several legal works were published during this time period, defining the civil and criminal laws. Theft and adultery were criminal offences, while property disputes were civil. Inheritance laws were expanded.

The village assembly or trade guild was the lowest judicial level. These were village councils appointed to resolve disputes between parties. The guilty were supposed to have received light punishment.

Military Administration

The Guptas possessed a huge army. They had a standing army and used cavalry and horse archery. The Empire's lands were closely watched. Inscriptions mention to military officers as Senapati, Mahasenapati, Baladhikrita, Mahabaladhikrita, Dandanayaka, Sandhivigrahika, and Mahasandhivigrahika. The military had four wings: information, cavalry, elephant, and navy. There were bows and arrows, sword, axe and spear warfare.

Trade and Business

The Empire traded with China, Ceylon, Europe, and the East Indian islands. This increased the Empire's economic and geopolitical might, allowing it to absorb new states and therefore expand its borders.

Q2. Describe about the organization and functions of Union Public Service Commission and Election Commission. 20 marks

Ans)

Union Public Service Commission

India gained independence in 1947, and the Commission worked under the same name until 1950. Following the adoption of the Indian Constitution in 1950, the Commission was called the Union Public Service Commission (UPSC). The Constitution specifies three types of Public Service Commissions. The UPSC serves the Union; the SPSC serves a State; and the Joint PSC serves two or more States.

Organisation and Functions

According to 316 (1), the President appoints the Chairperson and other Commission members. So that half of the Commission members had served in either the Central or State Governments for ten years. The Commission normally advises. It must be an unbiased expert on service concerns.

The Commission advises the Union Government in the following matters.

1. Concerning the recruitment of civil servants and civil posts.

2. Principles for civil service appointments, promotions, and transfers. It also specifies criteria for evaluating candidates for such appointments, promotions, and transfers.

3. All disciplinary matters involving a civil servant of the Union Government, including memoranda or petitions.

4. Anyone serving or who has served under the Union Government in a civil capacity may claim reimbursement from the Consolidated Fund of India for legal fees and expenses incurred in defending judicial proceedings initiated against him/her for official activities.

5. Anything else the President may refer to the Commission.

Election Commission

The Election Commission is India's election watchdog. Article 324 of the Indian Constitution provides for the establishment of an independent Election Commission (EC) to ensure free and fair elections. All political parties had to register with the Commission by 1989.

Organisation and Functions

1. The EC's powers and functions are stated in Article 324-329 of the Constitution.

2. The EC oversees, directs, controls, and oversees free and fair elections.

3. It compiles the electoral rolls for the Lok Sabha and the State Vidhan Sabha. Every decade, the electoral rolls are refreshed and updated.

4. For each election, the EC sets and announces the code of conduct. Starting with the 5th Lok Sabha elections in 1971, the Commission has established Model Code of Conduct standards for political parties and candidates to follow. This was based on reports of candidates abusing the official apparatus and various political parties violating the norms and regulations. The Model Code has no legal basis, but it is convincing. It contains electoral morality rules.

5. It organises elections to the Lok Sabha and State Vidhan Sabhas. It also conducts Rajya Sabha elections on the basis of misbehaviour or incapacity. a house of Parliament) every two years, as 1/3 of its members retire. It is also in charge of the Vidhan Parishad elections. It holds by-elections.

6. It holds elections for the President and Vice President of India. It compiles the voter list and calculates the Electoral College quota, weightage, and value of each vote.

7. The EC can hire staff from the Central and State governments to conduct elections. The Central and State governments must assign such staff to polling stations. Returning/Presiding Officers and other polling officers are appointed and assigned tasks as per. The EC guides and controls such delegated workers.

8. The EC recognises political parties after each general election, whether they are national or state parties. Unanimous approval from four states is required to be recognised as a national party. In order to be recognised as a state party, a political party must receive at least 4% of the legitimate votes cast in that state.

9. The Commission can designate political party symbols and no two parties can use the same insignia.

10. It capped polling expenses.

11. The Commission may restrict the transmission or publication of voting trends by opinion surveys or exit polls.

12. To decriminalise politics, the EC has asked the Supreme Court to bar convicted politicians from running for office for life.

Assignment B

Answer the following questions in about 250 words each.

Q3. Highlight the changes that took place in Indian Administration post-Independence. 10 marks

Ans) On January 26, 1950, a new Constitution came into effect, with goals and nature significantly different from those of the British administration.

Post-independence adjustments and responsibilities for the Indian administration include:

Development and Welfare

When India gained independence from colonial authority, the Indian Constitution was written. There was a Preamble. There is a desire to ensure social, economic, and political justice for all people while also promoting equality of position and opportunity for all while protecting the individual's dignity as well as the nation's sovereignty and integrity. The state must work to reduce financial disparities and eradicate disparities in status, facilities, and opportunities. Men and women will have equal access to adequate livelihood. Equal compensation for equal work is another state mandate. Children's moral, mental, physical, and psychological wellbeing must be safeguarded. These Principles ensure equal justice, free legal help, the right to labour, education, and public assistance in old age, unemployment, etc.

Popular Participation in Administration

In the late 1950s, Panchayati raj was the most important rural involvement conduit in rural development administration. This popular participation began with community development. The Right to Information Bill was passed by Parliament on 11 May 2005 and into effect on 12 October 2005.

Electronic Governance

ICT has been used to improve government services for decades. E-governance is the use of technology to administer public systems. IT Governance encompasses the processes and structures involved in delivering public electronic services. Ultimately, the goal is to improve governance by simplifying procedures and allowing individuals to participate. Various e-governance projects use IT technologies and applications including computers and the internet, as well as information systems like GIS and MIS.

Q4. Briefly discuss the unitary features of the Indian Constitution. 10 marks

Ans) The following characteristics highlight our Constitution's unitary trend:

Absence of word ‘Federation’ in the Constitution

The phrase ‘federation' is glaringly absent from our Constitution. An intentional endeavour by the constitution authors to maintain India unified in spirit. The Constitution calls India a ‘Union of States'.

Single Constitution for the Union and States

The Constitution empowers both the federal and state governments. No state has its own constitution. For the same reason.

Single Citizenship

The Indian Constitution forbids dual citizenship. India's citizens are born Indian. One nationality.

Centre’s Supremacy

Our federation has a stronger centre than the states. The central government also administers India's Unitary Territories. Another amendment (42nd) enabled the Central government to send armed forces into any state to maintain law and order. An integrated judicial system, the makeup of state High Courts is decided centrally. The Supreme Court of India can also overturn these judgements.

Dominance of Parliament

The Parliament rules as follows: Article 3 indicates parliamentary supremacy over the State Legislature. This Article allows the Union Government to amend the boundaries of any current state, merge it with another state, create a new state from an existing state, or abolish it.

Appointment of Governors and other High Appointments

The President appoints the Governors at the Centre's request. The President appoints state governors. A state's government has no effective say in the appointment or dismissal of a Governor. A Governor is only a centre's agent. Aside from Governors, the President of India appoints judges to the state's High Courts.

Provisions regarding Emergency

352, 356 and 360 deal with emergency powers. They are granted to the President of India to be used in cases of national security, constitutional breakdown, financial instability, or government insolvency. These powers are so broad that they change the entire character of the Indian state.

Q5. Examine the relationship between secretariat and executive. 10 marks

Ans) The relationship between the secretarial offices and executive has to be one of mutual cooperation and coordination and they are not supposed to be operating, as independent and separate entities in performance of government functions. However, ever since the British times, the two have been treated, as separate entities. The generalists are to perform the task of policy design and policy formulation whereas the executive agencies are concerned with policy execution. There are six models that can be discussed here to facilitate a cooperative relationship.

1. The ministry and executive departments can merge completely. So, for example, the Post and Telegraph Board and the Ministry of Communications. This pattern is best suited for business companies.

2. In the second type, a senior ministry official heads the executive department. So, he/she is accountable for both policy formulation and implementation. The Director-General of Food is the Additional Secretary in the Department of Agriculture.

3. The executive department now houses the ministry. An executive and ministerial office in one. The benefit is that an official only needs to review a policy proposal once, saving money, time, and effort.

4. The ministry and executive departments still have separate offices; however, the executive office has a shared file bureau.

5. In addition to distinct offices and file bureaus, the executive office head is now ex-officio in the ministry. For example, the textile commissioner is a Joint Secretary by default. This method saves time and paper because files do not need to be approved by the ministerial head. Due to the official's ex-officio presence, the policy is authorised immediately and implemented more efficiently.

6. The ministry and the executive agency consult via self-contained letters. This is the norm in India, both centrally and regionally.

Assignment C

Answer the following questions in about 100 words each

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Q6. Write a note on Government of India Act, 1935. 6 marks

Ans) The Government of India Act was passed by the British Parliament in August 1935. It was the longest act enacted by the British Parliament at that time. It was divided into two separate acts namely, the Government of India Act 1935 and the Government of Burma Act 1935.

The Act of 1935 proposed for an All-India Federation at the centre along with provincial autonomy. The Act proposed a federation for provinces and princely states in India. The Act provided for a bicameral legislature. The Act also gave more powers to the Upper House of voting grants and making members responsible to the Council. The Act proposed a federal form of government for India and for the first time brought in Indian States and British administration under one Constitution.

Q7. What do you mean by Public Interest Litigation (PIL)? 6 marks

Ans) Public Interest Litigation (PIL) focuses on remedies sought under Article 32/7 (Article 2268 of the Indian Constitution. Many factors aided the birth of PIL in India. These include the rights of socially and economically disadvantaged individuals, taxpayers' rights, public interest violations, prisoners', workers', pensioners', consumers', and pollution victims' rights, among others.

Public Interest Litigation (PIL) is a Supreme Court of India invention. The Supreme Court helped institutionalise this new ‘tool' by loosening the strict locus standi requirement. A concerned and willing judiciary in India adopted this notion in the early 1980s to help the socially and economically disadvantaged who could not approach a court for justice due to poverty, illiteracy, and ignorance.

Q8. Discuss the role and functions of Cabinet Committees. 6marks

Ans) The cabinet committees will focus on specific areas that require in-depth research and can relieve the cabinet of this responsibility. These committees ensure flexibility by bringing ministers from several departments together to discuss concerns and tasks. Also, many issues that might ordinarily go to the cabinet are resolved at the committee level. This assures not only coordinated action on critical economic and political challenges but also quick decisions. The cabinet frequently accepts cabinet committee conclusions.

But these committees haven't always worked. First, they don't cover all aspects of government. Second, they can only take up an issue referred to them by the Minister or the Cabinet. Finally, they do not meet regularly, which is required to devote sustained attention to complicated issues and to monitor the execution of major policies and programmes.

Q9. Give a note on the Indian Forest Service. 6 marks

Ans) The Indian Forest Service is one of the three elite All India Services of the Government of India and is one of the central natural resource services . The other two civil service being the Indian Administrative Service and the Indian Police Service. It was constituted in the year 1966 under the All-India Services Act, 1951, by the Government of India.

The service implements the National Forest Policy in order to ensure the ecological stability of the country through the protection and participatory sustainable management of natural resources. The members of the service also manage the National Parks, Tiger Reserve, Wildlife Sanctuaries and other Protected Areas of the country.

Q10. Elaborate upon the concept of Administrative Tribunal. 6 marks

Ans) Administrative Tribunals are agencies constituted by specific legislation to resolve disputes arising from the implementation of the legislation's substantive requirements. Unlike a court, an administrative tribunal's jurisdiction is limited. But specific, Anglo-Saxon courts would hear disputes ranging from simple debt recovery to complex legal and factual concerns, excluding legislative violations. These are quasi-judicial responsibilities.

An administrative body is an administrative tribunal only if it is created by the state and has some judicial powers. The tribunals have the same powers as a civil court under the Code of Civil Procedure, including summoning witnesses, compelled production of documents, receiving testimony on oath and affidavit, and issuing commissions.