Assignment Code: BPAC-104/ASST /TMA/2021/22

Course Code: BPAC-104

Assignment Name: Administrative System at State and District Levels

Year: 2021-2022

Verification Status: Verified by Professor

Assignment A

Answer the following questions in about 500 words each.

Q 1) Examine the various factors shaping the Secretariat and Directorate relationship. 20

Ans) The Secretariat and the Directorate are two cogs in the government's wheel. The machinery's ability to deliver items will be limited unless they acquire a specific level of coordination and collaboration. At the state level, two sets of forces have dominated in shaping the Secretariat-Directorate Relationship. One of these is concerned with the Secretariat's day-to-day operations. The second is concerned with the Secretariat's recent expansion—its role, employees, the number of administrative units that make up the Secretariat, and so on. Of course, the two aspects are inextricably linked; yet they are discussed separately here to aid academic comprehension of the subject. It's worth noting that it's these very characteristics that, as they play out, create scenarios that exacerbate friction in the Secretariat-Directorate relationship.

Factors Responsible for Expansion / Shaping in the Secretariat

The parliamentary system of government is the most important of these. The idea of parliamentary accountability, which requires the Minister to answer questions on the floor of the House about her or his department, has resulted in the centralization of functions in the Secretariat. Furthermore, ministers' easy access to their constituency puts pressure on them in topics like as appointments, promotions, transfers, and so on. These are, without a doubt, executive matters. Ministerial participation in executive concerns is a result of the minister's desire to nurture her or his constituency (and so respond to calls for appointments, etc.). This is how the Secretariat, as a policy-making body, is involved in policy implementation.

The second factor, which has resulted in a consistent and significant increase in the volume of work in the Secretariat, is the government's policy to develop the economy via planning, which has resulted in state involvement and the government's assumption of a wide range of welfare tasks. Every endeavour to direct and administer the economy results in an increase in the amount of work done by the government. The Secretariat, in particular, has grown in importance and influence as a result of the circumstances. The reason for this is that the Secretariat has taken on more significant duties and made choices with far-reaching consequences.

This is due to two things. First, generalist secretaries are regarded to have a broad range of vision and experience, which comes from the various work placements that an IAS officer is normally exposed to over the course of her/his career. The Head of the Department, on the other hand, is thought to have a limited vision and an overly theoretical attitude. Second, the Secretariat's ministerial personnel is deemed to be of greater calibre than that of the Attached Offices. As a result, the Secretariat receives more business. Third, as previously stated, a substantial percentage of the Secretariat's expansion is due to it assuming several executive roles and a variety of minor activities that do not properly belong to it. Finally, some expansion is attributable to the bureaucracy's proclivity for proliferating in every situation. As a result, the Secretariat has become cumbersome and overstaffed due to non-essential activities.

Q 2) Analyse the powers and functions of Lokayukta. 20

Ans) The Lokayukta is an anti-corruption agency tasked with resolving public complaints about corruption, nepotism, and favouritism resulting from maladministration.

Powers of Lokayukta

In this context, the Lokayukta has:

1. Supervisory powers, that is, powers of superintendence over and to give direction regarding matters referred for preliminary inquiry or investigation

2. Power of Search and seizure;

3. Power of civil court in certain cases;

4. Power to utilise services of officers of the State Government;

5. Power of provisional attachment of assets;

6. Power regarding confirmation of attachment of assets;

7. Power related to confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption, in special circumstances;

8. Power to recommend transfer or suspension of public servant connected with allegation of corruption;

9. Power to give directions to prevent destruction of records during preliminary inquiry; and

10. Power to delegate. In this context, the Lokayukta may direct that any administrative or financial power conferred on it, may also be exercised or discharged by its officer.

    
    

Functions of Lokayukta

On the basis of the aforementioned powers, the Lokayukta performs the following responsibilities to improve public administration standards:

1. Accepts complaint against administration from any citizen.

2. Accepts grievance against the accused person or body of persons, the Lokayukta provides the chance to the complainant for defending, after duly informing her/him/them.

3. The Lokayukta carry out fair and impartial investigations, based on facts against the accused person by taking the assistance of special investigating agencies.

4. If the Lokayukta is satisfied with the validity of the complaint, s/he can recommend her/his proposal through written request to the competent authority.

The Lokayukta has its own office, staff, and money, which is necessary for conducting an independent investigation. S/he occasionally enlists the help of state investigating authorities to undertake investigations and obtain pertinent files and documents for the investigation. He also has the authority to inspect and visit government organisations under investigation. However, with the exception of Himachal Pradesh and Uttar Pradesh, the Lokayuktas in many states have been given the authority to initiate investigations on their own initiative.

The Lokayukta has jurisdiction over grievances and claims in Maharashtra, Uttar Pradesh, Bihar, and Karnataka, to name a few states. In Himachal Pradesh, Rajasthan, and Gujarat, however, the role of the Lokayukta is limited to investigating claims of corruption rather than issues arising from maladministration. “The Maharashtra Lokayukta Institution was established on October 25, 1972, and has been successful in resolving disputes in around 60-70 percent of cases.”

The Lokayukta is divided into two sections: police and prosecution. The Lokayukta has the authority to investigate any public official, from Group D staff to the Chief Minister's office, after receiving a complaint. If, after investigating a complaint, the Lokayukta or an Upalokayukta determines that the public servant has committed a criminal offence for which he or she should be prosecuted in a court of law, he or she may issue an order to that effect and initiate prosecution of the public servant in question; however, if prior sanction of any authority is required for such prosecution, the public servant in question will be prosecuted regardless.

Assignment B

Answer the following questions in about 250 words each.

Q 3) Discuss the evolution of District Collector’s Office. 10

Ans) In India, the District Officer is the country's administrative backbone. Over the course of two centuries of British administration, the office has developed. The Diwani (Civil Administration) of Bengal, Bihar, and Orissa was granted to the East India Company in 1765. However, the firm did not take over the entire civil administration in practise. Its only concern was the collection of revenue. Clive's experiment with dual administration was a complete failure. The province was thrown into full anarchy as a result of the administration's divided responsibilities.

To address this situation, the then-Governor of Bengal, Verelst, established the position of Supervisor for each district. In many ways, he was a forerunner of the collector's office.

The Supervisor was responsible for preparing a rent roll for the district under his supervision, as well as overseeing how the rents were collected and appropriated. He had to look into all of the land titles, distinguish between different types of land, manage taxes and commerce, and administer justice.

The Collector presided over the Civil Courts that were created in the reconstructed districts in 1772. In each district, a Criminal Court was established. The Collector was also in charge of overseeing and controlling the administration of criminal justice.

The District Collector's office has weathered the historic role of transitioning from an alien to a national administration. The Collector's numerous facets of duty grew in certain ways and shrank in others as time passed and constitutional reforms were implemented.

Q 4) Highlight the Constitutional provisions, composition and functions of the State Public Service Commission. 10

Ans) The following are the constitutional provisions that govern state Public Service Commissions (PSCs):

1. Article 315 of the Constitution provides for the establishment of PSCs. It stipulates that there shall be a PSC for the Union as well as a PSC for each state.

2. Article 316 prescribes the composition of such Commissions. It also deliberates on the method of appointment of the Chairperson and members as well as their terms of office.

3. The question of ensuring independence of the Commission assumes particular significance. Articles 318, 319 and 322 provide measures for safeguarding and fostering the independence of the Commission.

4. The scope of duties and functions of the PSC’s are dealt with under Articles 320, 321 and 323 of the Constitution.

5. Under Article 323, there is a provision for submission by Commission of annual reports in which inter alia the cases where government rejects its advice are recorded, and reasons for non-acceptance stated.

Composition And Functions of The Commission

The primary role of the State Public Service Commissions is to administer civil service examinations. However, certain extra responsibilities arise as a result of this, and the Commission is required to fulfil them. These include:

1. to tender advice to the state government on a matter so referred to it by the Governor;

2. to exercise such additional functions as may be provided for by an act of the Legislature, these may be with respect to the State Civil Service, or the services of a local authority or other corporate bodies; and

3. to annually present a report regarding the work done by the SPSC to the Governor.

Q 5) Discuss the powers and functions of Panchayati Raj Institutions. 10

Ans) The powers and functions of Panchayati Raj Institutions are described below:

Gram Panchayat

Panchayats are in charge of developing and implementing development programmes. These bodies have been given a variety of tasks to complete within the constraints of the monies at their disposal in order to meet the needs of the sabha area.

Maintenance of essential village statistics, preparation of annual plans for the development of the GP area, preparation of annual budget, mobilising relief efforts during disasters, removal of encroachments, and organising volunteer labour and contribution for community works are all examples of general functions. Agriculture, animal husbandry, fisheries, rural housing, drinking water, rural electrification, non-conventional energy sources, education, including primary and secondary schools, adult education, libraries, cultural activities, markets and fairs, rural sanitation, public health and family welfare, women and child development are all included.

Panchayat Samiti

The power and main functions of Panchayati Samiti are as follows:

1. Preparation of the annual plans in respect of the schemes entrusted to it and their submission to the Chief Executive Officer within a period of two months of its receipt for the consideration of the District Planning Committee.

2. Consideration and consolidation of the annual plans of all GPs in the block and their submission to the Zilla Parishad (ZP).

3. Preparation of annual budget of the blocks and its submission, within time limits of the ZP.

4. Providing relief in natural calamities or disaster.

5. Performing such functions and executing such works as entrusted to it by the Government or the ZP.

Zilla Parishad

The ZP is primarily a Panchayat system advisory, supervisory, and coordinating organisation. It coordinates and consolidates PS development plans; ensures the execution of plans, project schemes, and other items shared by two or more Panchayat Samitis in the district; and advises the government on all things relating to district development and service maintenance.

Assignment C

Answer the following questions in about 100 words each.

Q 6) Explain the powers of union and state governments on the basis of Concurrent List. 6

Ans) The State Legislature has sole authority over items on the State List, whereas the Union government has sole authority over things on the Union List. Both can legislate on issues on the Concurrent List, with Union Law taking precedence in the event of a conflict. In general, the distribution of executive powers between the Union and state governments is based on the Union and State List's arrangement of legislative powers.

With a few exceptions, the State government retains executive authority over the Concurrent List. The Governor is the Constitutional Head of the State in the Parliamentary form of government that we have chosen at the Union and state levels, but the real executive power is exercised in her/his name by the Council of Ministers led by the Chief Minister.

Q 7) Highlight the need of State Planning Board at the State level. 6

Ans) If the State Planning Board is adequately funded and supported by the state government, it can effectively contribute to the formulation of state-wide perspective plans and priority patterns for a holistic development of the state. A State Planning Board's excellent monitoring and assessment procedure can aid in resource mobilisation and effective resource utilisation. The necessity of the hour is for the State Planning Boards to be held to a higher level of accountability and prestige. The expertise and specialisation that they can bring to their jobs can help state governments improve the rationale of their development processes and strengthen their ability to negotiate for greater funding.

Q 8) Examine the limitations of Judicial control over administration. 6

Ans) Many reasons limit the efficiency of judicial authority over administration. Some of these drawbacks include:

1. Unmanageable volume of work: the judiciary is not able to cope with the volume of work.

2. Post-mortem nature of judicial control: In most of the cases the judicial intervention comes only after enough damage is done by the administrative actions

3. Prohibitive Costs: the judicial process is costly and only rich can afford it.

4. Cumbersome procedure: Many legal procedures are beyond the comprehension of common man.

5. Statutory limitations: the courts may be statutorily prevented from exercising jurisdiction in certain spheres.

6. Lack of awareness: In developing societies, most of the people who are poor, and illiterate are not aware of judicial remedies and the role of courts.

7. Erosion of autonomy of judiciary: There is executive interference in the working of judiciary.

Q 9) What are the major sources of income of municipalities? 6

Ans) The Municipal Authorities largely derive their income from their own sources, namely, the tax and non-tax sources designated by the State Government and detailed in the Municipal Statutes.

Municipalities can statutorily impose the taxes, as follows:

1. Tax on buildings and lands, which besides a general tax also includes rates on water,

2. lighting, free service, etc. ;

3. Tax on buildings payable along with the application for sanction of the building plan;

4. Tax on professions, trades etc. ;

5. Tax on vehicles (other than motor vehicles),

6. Tax on animals; and

7. Tolls on roads and ferries.

Non-tax sources include:

1. Rents on land and houses;

2. Sale proceeds of land and other products of land;

3. Fees from educational institutions;

4. License fees;

5. Fines for violating municipal byelaws and other fines and fees, and

6. Receipt from slaughterhouses.

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In addition to tax and non-tax sources, there are provisions for shared revenues, grants-in-aid, and loans from the government and financial institutions. As a result, local bodies' resources come from both internal and external sources.

Q 10) Write a note on control of state government on local bodies through administrators of State Cadre. 6

Ans) In most states, the appointment, transfers, conditions of service, and disciplinary action of higher-level officials of Rural Local Bodies and Urban Local Bodies are under the control of the State Government. The All-India Services or State Service personnel occupy the majority of higher-level administrative positions in PRIs and municipalities, preventing local entities from promoting their own administrative leadership.

The State Government has staff in charge of the Urban Local Bodies. Executive and technical workers from various State Departments are more loyal to the State Government than to the organisations for which they work. The Local Bodies have minimal disciplinary authority against these state government bureaucrats.