Assignment Code: BPAC-104/ASST/TMA/ July 2022 & January 2023

Course Code: BPAC-104

Assignment Name: Administrative System at State and District Levels

Year: 2022-2023

Verification Status: Verified by Professor

Assignment A

Answer the following questions in about 500 words each. 2×20

1. Discuss the state and district administration during British period.

Ans) State Executive: An independent State Executive has been established in India under a federal system as per the Indian Constitution. Although the Government of India Act, 1935, included a plan to establish a federal system of governmental organisation in India that would have included two different sorts of divisions, namely the British Provinces and the India States, this plan was never put into real practise. As an Executive of a Unitary State with no legal or constitutional standing, the Provincial Executive during British administration cannot be regarded as the precursor to the current State Executive. However, the Governor and his Council made up the Provincial Executive during British control, with the Governor holding the majority of the positions.

The Act of 1919's introduction of the Dyarchy/Diarchy split the provinces into two groups. The Reserved Subjects were placed under the control of the Governor and his Executive Council, and the Transferred Subjects were placed under the control of the Governor and his Ministers. Although there was a gradual transfer of power from the centre to the provinces during British control, the provinces largely remained in the form of dependencies of the centre, as can be observed. The Provincial Executive shared the same characteristics.

Although a federal system of government was contemplated in the amended Constitution, the role of the State Executive was not to coordinate and be on an equal footing with the status of the Union Executive; rather, it had a subservient status. The Indian Princely States' refusal to participate, along with the start of the Second World War, prevented the federal plan as envisioned in the Act of 1935 from being realised. The issues brought on by the country's division, the invasion of Kashmir, and the communists' triumph in the Chinese Civil War all led the constitution's framers to choose a strong central government and a weak provincial government.

Articles 256, 257, 365, among others, demonstrate how the Union Executive must act as the State Executive's boss and guide them in their duties. A state may declare an emergency under Article 356 if the State Executive refuses to follow the Union Executive's instructions. In this case, the President may take over all or any of the duties of the State Government. The State Executive has been operating along similar lines as the Union Executive. The Governor, the Chief Minister, and the Council of Ministers make up the State Executive.

District Administration: As is common knowledge, India's primary territorial administrative unit is the district. The first to establish the District as the most important geographical unit and to centralise its administration with all authority resting in a single officer known as the Rajuka at its hierarchical apex were the Mauryas, who established their imperial system in the nation. In general, the British divided their empire into districts, and in the early years of their control, they held the view that the bigger the district, the more efficiently it could be run and the more respectable and prestigious its District Officer would be.

During the administration of Warren Hastings, the groundwork for the current District Administration was laid. From a historical standpoint, district administration in India was intended to fend off political pressures and activities rather than to create an environment that would allow local social forces to settle political disputes in the greater good of society. The British modified the then-existing pattern to the extent necessary to make it actually efficient for the purposes of realising land income and enforcing law and order in order to facilitate the implementation of their system of administration based on the rule of law.

2. Describe the state-local administrative relations.

Ans) The following areas are where the State and Local Bodies have administrative relationships .

Approval of Bye-laws and Rules

Bye-laws and regulations created by municipal bodies within the parameters of the Municipal Act for the civic governance within their jurisdiction are approved by the State Government, and their decisions are revoked if these local bodies go beyond. In a similar vein, the Panchayati Raj Act's framework for byelaws and norms is approved by the State Government. These are seen as directing factors for development within a local government's purview, and they improve ties between the State Government and Local Government.

Control on Local Bodies through State Cadre

Most often in states, the State Government retains authority over higher level employees of Rural Local Bodies and Urban Local Bodies in terms of their appointment, transfers, conditions of service, disciplinary actions, etc. It is important to note that All India Services or State Service employees hold the majority of higher level administrative positions in PRIs and Municipalities, preventing local governments from elevating their own administrative leadership. Through their employees, the State Government has control over the Urban Local Bodies. The executive and technical staffs of different State Departments have a higher level of loyalty to the State Government than to the organisations they work for.

Audit of the Local Bodies and issuance of Directions

The State Government inspects Local Bodies and gives appropriate instructions to enhance the administrative structure. The government often outlines the goal and process for proper fund utilisation when awarding grants.

Submission of Periodic Reports to State Government

Periodic reports on how the Local Bodies are operating must be submitted to the State government. We shall explore the case of Kerala's periodic report of the Inspection and Audit System in order to better comprehend it.

Default Power of the State Government

The state government may declare a municipal body in default and initiate enforcement action against it if it fails to carry out its obligations, such as failing to build suitable sewers or sewage disposal plants within the allotted time frame. However, in some circumstances, if it is required, the Government will complete such work on its own; however, the cost of doing so will be covered by the Urban Local Body.

An Appeal against the Unjust and Arbitrary Behaviour of a Local Body

A complaint against the unfair and capricious actions of a municipal body or PRI can be submitted to the state government, which will then take the appropriate action. The state governments have included the necessary legislative provisions in their Panchayati Raj Acts to enable the District Collectors to oversee misconduct and the abuse of authority by the panchayats in their region following the 73rd Constitutional Amendment. These provisions range from the suspension of the Panchayats to the suspension of the elected chairpersons.

Control on Arbitrary Practices

Elections would not be held for years in the past when the State Government dissolved any Local government at its discretion. In this regard, in accordance with the 74th Constitutional Amendment Act, if the state government chooses to dissolve a municipal body before the passage of five years, the government shall provide that municipality with a reasonable opportunity for a hearing prior to the dissolution.

Dissolution of Municipality

Prior to the passage of the 74th Constitutional Amendment Act, a municipality could be replaced and suspended by the state government. As an illustration, in 1989, 39 of the 73 Municipal Corporations were replaced at various times. It demonstrates the degree to which the State has authority over local bodies.

Assignment B

Answer the following questions in about 250 words each. 3×10

3. Examine the role of the Chief Minister.

Ans) Powers of the Chief Minister in Relation to the Council of Ministers: The Chief Minister serves as the Council of Ministers' president. He or she must distribute portfolios among his or her ministers and is free to rearrange those portfolios at any time. He or she coordinates the activities of their Council of Ministers. He or she must ensure that the decisions made by the various departments make sense. In the Assembly, s/he must represent and lead her/his Council of Ministers. In other words, s/he must make sure that the Council of Ministers is held jointly accountable to the State Assembly.

Powers of the Chief Minister in Relation to the Governor: There is no mention in the Constitution regarding the Chief Minister's authority in connection to the Governor. A rule was intended to be developed allowing the Chief Minister to be consulted on the choice of the state's governor. In many instances, the Union government did not even adhere to this. The only other authority that can be deduced indirectly from the Constitution is the ability for the Governor to use state executive authority.

Powers of the Chief Minister in Relation to the Legislature: The Speaker of the House is also the Chief Minister. In addition to holding this official role, the Chief Minister gives the House true legislative leadership by establishing the parliamentary calendar. After receiving the blessing of the Council of Ministers, which is presided over by the Chief Minister, the proposed legislation is presented to the Assembly. It's true that private members have the ability to introduce bills to the Assembly. But the likelihood of such being successful is slim.

Powers of the Chief Minister in relation to the Personnel: The Chief Minister is in charge of the state bureaucracy because he is the head of the political executive. S/he is supported in this role by the Secretariat, which is run by the Chief Secretary. All high-level appointments, including as those for secretaries, additional/joint/deputy secretaries, department heads, chairpersons, and managing directors of public sector undertakings, etc., are approved by him or her.

4. Write a short note on Kerala State Planning Board.

Ans) Kerala planning board is formed to resolve any problem regarding the government operating within the state. Any planning board of any state of India is generally formed for proper planning, strategies regarding the planning and to implement the plan in the operation process. Kerala planning board is governed by the CM of Kerala state. The Kerala planning board and its strategic plans have been developed with scientific assessment.

The responsibilities or the functions are performed by different divisions of the board:

1. Division of Plan coordination: This part of the board is involved in the functioning of the technical field of the Kerala state planning board.

2. Agriculture division: This division is engaged with the preparation of the plan and budget of the agriculture department and review the overall performance of certain sectors for the formulation of “Economic Review” that is published by the board.

3. Evaluation Division: This division is entrusted with the study of the plan of action of government programs and projects in five year and annual plans.

4. Division of social service: It deals with the matter of water supply, education, proper sanitation, social welfare, housing, labour and its welfare.

5. Division of industry and infrastructure: It prepares the economic review, Processes government files, Review of schemes and plans that are implemented, Prepares reports of certain issues, Formulation of plan budget.

6. Division of Perspective planning: Preparation of budgets of annual plan as well as five year plan is important. It takes charge of studies of various matters of the state.

7. Information and technology division: It is engaged with the issues of the IT sector of the board. It provides solutions to all the administrative sectors of the planning board.

8. Planning commission dissolution: The planning commission dissolution generally refers to the incident of reforming the body in a new institution.

9. Planning commission functions: The function of the planning commission is to prepare an assessment regarding the resources of the country, augmentation of deficient resources and to prepare a five year estimated plan for the balanced utilisation of all the available resources.

5. Describe the judicial system in India.

Ans) The Indian Judiciary is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The constitution provides for a single unified judiciary in India.

The Indian judicial system is managed and administrated by officers. Judges of Subordinate Judiciaries are appointed by the governor on recommendation by the High Court. Judges of the High Courts and Supreme Court are appointed by the President of India on the recommendation of a collegium.

The judicial system is structured in three levels with subsidiary parts. The Supreme Court, also known as the Apex Court, is the top court and the ultimate appellate court in India. The Chief Justice of India leads that court. High Courts are the top judicial bodies in individual states, controlled and managed by state Chief Justices. Below the High Courts are District Courts, also known as subordinate courts, which are controlled and managed by District and Sessions Judges.

The lower subordinate courts are Civil Court and the District Munsif Court, headed a Sub-Judge. The higher subordinate Criminal Court is headed by Chief Judicial/Metropolitan Magistrate at top and followed by ACJM /ACMM and JM/MM[clarification needed] at the lower level.

The Executive and Revenue Courts are managed by the state government through the district magistrate and commissioner, respectively. Although the executive courts are not part of the judiciary, various provisions and judgements empower the High Courts and Session Judges to inspect or direct their operation.

The Ministry of Law and Justice at the Union level is responsible for raising issues before Parliament relating to the judiciary. It has jurisdiction to deal with the issues of any court. It also deals with the appointment of Judges of the High Courts and the Supreme Court. At the state level, the law departments of the state’s deal with issues regarding the High Court and the Subordinate Courts.

Assignment C

Answer the following questions in about 100 words each. 5×6

6. Write a note on the Chief Secretary.

Ans) The Chief Secretary serves as the Chief Minister's top advisor and the State Cabinet's secretary. He or she is in charge of the General Administration division, whose chief political officer is the Chief Minister. The Chief Secretary also serves as the State's head of the civil service. He or she serves as the primary conduit for information between the State Government, the Central Government, and other State Governments. The Chief Secretary serves as the State Government's chief spokesperson and public relations officer and is expected to guide the administrative structure of the state.

The office of the Chief Secretary is a state-specific organisation that has no equivalent in the nation's administrative structure. For instance, there is no equivalent position in the Central Government for the Chief Secretary's office. Three high-ranking officials, namely the Cabinet Secretary, the Home Secretary, and the Finance Secretary, share the work that the Chief Secretary does in relation to the State Government at the Union level. This is a striking illustration of the breadth of the Chief Secretary's responsibilities and authority.

7. Discuss the constitutional provisions of the State Public Service Commission.

Ans) Following are the constitutional clauses that state public service commissions must abide by:

PSCs may be created under Article 315 of the Constitution. A PSC for the Union and a PSC for each state are required, according to the clause.

Such Commissions must adhere to the composition specified in Article 316. It also discusses how the Chairperson and members are chosen, as well as how long their terms of office will last. While Article 316 specifies the typical term for a Chairperson or member, Article 317 lays out the criteria and process for early termination of that term.

We have already stated that this responsibility has been given to a Commission and that it has been given constitutional stature in order to ensure objectivity and impartiality in the hiring process. The issue of guaranteeing the Commission's independence has special significance in this setting. The provisions of Articles 318, 319, and 322 offer safeguards and promote the independence of the Commission.

What will the PSCs' responsibilities and capabilities be? What will the scope of their function as employment agencies be? Articles 320, 321 and 323 of the Constitution deal with these issues.

8. Highlight the procedures and powers of the State Finance Commission.

Ans) To carry out its duties in a timely way, and to offer observations and recommendations based on accurate data, figures, and pertinent information.

In most states, the Finance Commissions are typically given this authority. For instance, the State Finance Commission in Punjab may decide how it would conduct itself in carrying out its duties and has all the authority of a civil court under the Code of Civil Procedure, 1908 when hearing a case involving the following issues, namely:

1. Calling witnesses and requiring their presence.

2. Requesting the delivery of any kind of document.

3. Obtaining any public record on request from a court or office.

Every suggestion made by the State Finance Commission pursuant to the Act is approved by the Governor and is brought before the State assembly with an explanation of the action taken in response.

9. Analyse the role of State Election Commission.

Ans) The State Election Commissions were established and are playing a significant role in bolstering the nation's grassroots democracy, as required by the 73rd and 74th Constitutional Amendment Acts.

These operate similarly to the central election commission and have somewhat comparable authority for the holding of free and fair elections for local bodies. The SECs are playing a number of roles and undertaking different tasks to this end. Their function can be divided into regulatory, administrative, and quasi-judicial categories.

The State Finance Commission's regulating role is evident from the prior enumeration of its responsibilities. The important regulatory tasks, which are crucial for the successful completion of any election, include the authority to control and regulate the delineation of wards or territorial constituencies, election symbols, electoral rolls, election expenses, etc.

With the assistance of its own employees as well as workers from other departments at the local level, a sizable number of preparation tasks are needed to be completed prior to the holding of elections. This calls on the SEC to carry out a number of administrative and regular tasks. The SEC must perform some quasi-judicial duties concurrently with the election process.

10. Examine the Lokpal and Lokayuktas Act, 2013

Ans) The Lokpal and Lokayukta Act, 2013, often known as the Lokpal Act, aims to establish the Lokpal for the Union and the Lokayukta for the State to investigate claims of corruption or wasteful spending against public servants. The Act applies to "public officials" both inside and outside of India and covers the entirety of India.

The state governments, however, obstructed the initiative. Such consistency is unlikely to happen unless the Central Government takes the initiative and secures the states' support. However, the following recommendations made by authorities in the field demand careful consideration:

1. Former civil officers and ministers ought to be included in the statute.

2. The Lokayukta should always have authority over the Chief Minister.

3. Suo moto, lokayuktas ought to have the authority to launch inquiries.

4. When entrusting investigations to external agencies, lokayuktas should make sure that the investigations are completed quickly if they don't have their own independent investigation agencies.

5. Government personnel should give the Lokayukta's references to the government top priority. Deliberately withholding the necessary information should result in legal sanctions.

6. A committee of the Lokayuktas ought to be established to keep track of the recommendation's correct execution.