Assignment Code: BPAC-104/ASST /TMA / July 2023 & January 2024

Course Code: BPAC-104

Assignment Name: Administrative System at State and District Levels

Year: 2023-2024

Verification Status: Verified by Professor

Assignment A

Answer the following questions in about 500 words each.

Q1) Discuss the composition, powers and functions of State Finance Commission.

Ans) State Finance Commissions (SFCs) are constitutional bodies tasked with assessing and making recommendations on the financial arrangements between the state government and local governments, namely Panchayats and Municipalities.

a)     Composition: The composition of SFCs varies among states, but a common structure involves a chairperson and several members. The strength of the commission is often specified by state legislation. For instance, in Punjab, the Finance Commission comprises a Chairperson and four members. The appointment of members is made by the Governor, ensuring a mix of expertise in financial matters, administration, and knowledge of economics. The qualifications and disqualifications are outlined to ensure that members are well-suited for their responsibilities.

b)     Powers: State Finance Commissions are granted certain powers to fulfil their mandate effectively. These powers include:

c)     Determination of Procedure: SFCs may determine their procedure in the performance of their functions. This flexibility allows them to adapt to the specific needs and circumstances of the state.

d)     Civil Court Powers: SFCs are vested with powers equivalent to those of a civil court under the Code of Civil Procedure, 1908. This includes summoning and enforcing the attendance of witnesses, requiring the production of documents, and requisitioning public records.

e)     Functions: The primary functions of State Finance Commissions are outlined in the state legislation, and they include:

f)      Reviewing Financial Position: SFCs study and review the financial position of local bodies, such as village panchayats, panchayat union councils, district panchayats, municipalities, and municipal corporations.

g)     Principles Governing Distribution: They recommend principles governing the distribution between the state and local bodies of the net proceeds of taxes and duties. This involves a fair division of financial resources to ensure the effective functioning of local bodies.

h)     Measures for Improvement: SFCs suggest measures to improve the financial position of Panchayats and Municipalities. This could include strategies for debt management, fiscal responsibility, and enhancing revenue sources.

i)       Grants and Aids: Recommendations are made regarding grants-in-aid to local bodies from the Consolidated Fund of the State. The aim is to provide financial support to local bodies based on their needs.

j)       Efficiency in Functioning: SFCs examine and recommend measures for greater efficiency in the functioning of local bodies. This involves assessing their capacity to mobilize and utilize resources effectively.

k)     Fiscal Reforms: They may suggest a monitorable fiscal reforms program aimed at reducing revenue deficits of local bodies and incentivizing progress in implementing fiscal measures.

l)       Resource Tapping: Exploration of new avenues for tapping resources in rural and urban local bodies is another facet of their role. This includes reviewing tax structures and suggesting improvements.

m)   Accountability Measures: SFCs may review the accountability of local bodies in utilizing resources and maintaining proper accounts, ensuring effective implementation of recommendations.

n)     Duration and Reporting: State Finance Commissions are typically appointed every five years, and their term lasts for about one to one and a half years. During this time, they diligently review, assess, and formulate recommendations. The Governor plays a crucial role in ensuring the authenticity of their observations and recommendations. The final recommendations are submitted as a report that includes an explanatory memorandum as to the action taken on those recommendations.

Q2) Describe the structure of urban local-self-government in India.

Ans) Urban Local Self-Government (ULSG) in India underwent a significant transformation with the implementation of the 74th Constitutional Amendment Act of 1992. This amendment aimed to strengthen local governance and promote decentralization, recognizing the importance of local bodies in urban areas. The structure of ULSG in India is organized into different tiers, each serving specific functions in the governance of urban areas.

a)    Municipal Corporation

The Municipal Corporation is the highest form of ULSG and is typically established for major cities with large populations. Cities like Mumbai, Delhi, Kolkata, Chennai, and Bangalore have Municipal Corporations. The establishment of a Municipal Corporation is governed by special statutes passed by the State legislature or Parliament in the case of Union Territories.

Municipal Corporations have a broad range of functions, including but not limited to:

1)      Supply of drinking water

2)     Electricity distribution

3)     Road maintenance

4)     Public health services

5)     Education

6)     Parks and gardens maintenance

Governance Structure:

Mayor: The mayor is the political head of the Municipal Corporation and serves as the first citizen of the city. In some states, the Mayor is directly elected by voters and holds executive powers.

Commissioner: The Commissioner is appointed by the State Government and serves as the Chief Executive Officer of the Corporation. The Commissioner is responsible for administration and policy implementation.

b)   Municipal Council

Municipal Councils govern urban areas with populations ranging from 50,000 to 500,000. These councils are established through state-specific legislation that outlines their functions, structure, and role in civic administration.

Ward Committees: In municipalities with populations exceeding 3 lakhs, the formation of Ward Committees is mandated. Ward Committees enhance citizen participation in urban governance, bringing decision-making closer to the local level.

Governance Structure:

Election: Members of Municipal Councils are elected by the residents of the urban area.

Functions: Municipal Councils perform functions like Municipal Corporations but are tailored to the scale and needs of smaller urban areas.

Municipal Committee:

Municipal Committees are established for urban areas undergoing transition with populations less than 50,000. These committees serve as a local government structure in the early stages of urban development.

Governance Structure:

Election: Members of Municipal Committees are elected by residents of the respective urban area.

Functions: Municipal Committees primarily focus on basic civic services and may not have the extensive functions of larger urban bodies.

Features and Considerations:

Population Criteria: The type of ULSG body established is often determined by the population of the urban area.

State Legislation: Each state has its legislation governing the formation, functions, and powers of urban local bodies.

Mayor’s Role: The role and powers of the mayor can vary across states. In some, Mayors are directly elected by voters and hold executive powers.

Commissioner’s Role: Commissioners, appointed by the State Government, act as Chief Executive Officers, and play a vital role in policy implementation.

Assignment B

Answer the following questions in about 250 words each.

Q3) Discuss the role of Governor.

Ans) In the Indian context, the Governor plays a pivotal role as the Constitutional head of a state. Appointed by the President for a term of five years, the Governor holds office during the President's pleasure. The Governor's role encompasses various dimensions, including executive, legislative, judicial, and emergency powers.

a)     Executive Powers: The Governor exercises executive powers by appointing the Chief Minister and, on the Chief Minister's advice, the Council of Ministers. Additionally, the Governor makes several key appointments such as the Chairperson and Members of the State Public Service Commission, Advocate General, and State Election Commissioner.

b)     Legislative Powers: As a part of the State Legislature, the Governor has the right to address and send messages to it. The Governor also plays a crucial role in the legislative process, giving assent to bills passed by the Legislature. The power to withhold assent, send bills for reconsideration, or reserve them for the President's assent adds to the legislative role.

c)     Judicial Powers: While the Governor does not possess a direct judicial role, the pardoning power is a quasi-judicial function. The Governor can grant pardon, reprieve, respite, or remission of punishment, or suspend, remit, or commute the sentence of a person convicted of an offense.

d)     Emergency Powers: In situations where the Governor is satisfied that the state's administration cannot adhere to constitutional provisions, the Governor can report to the President, who may assume the powers of the state government. This includes the power to reserve for the Parliament the powers of the State Legislature under Article 356.

Q4) Write a note on evolution, need and significance of Lokayukta.

Ans) The Lokayukta, an anti-corruption ombudsman institution in India, has evolved as a crucial component in the fight against corruption at the state level. Its evolution can be traced to the recommendations of the Administrative Reforms Commission in 1966, emphasizing the need for an independent body to investigate and redress citizens' grievances related to corruption in public administration.

The need for a Lokayukta arises from the imperative to combat corruption, promote transparency, and ensure accountability in government functioning. Corruption at various levels of administration erodes public trust, hampers effective governance, and impedes socio-economic development.

Recognizing the limitations of existing mechanisms, the establishment of a specialized institution like the Lokayukta was deemed necessary to provide an independent and impartial avenue for citizens to voice their concerns and seek redressal against corruption in public offices.

The significance of the Lokayukta lies in its multifaceted role.

Firstly, it acts as a watchdog over government agencies, ensuring that public officials adhere to ethical standards and legal norms. Secondly, it serves as a forum for citizens to register complaints against corruption, fostering a sense of accountability. Thirdly, the Lokayukta conducts investigations into allegations of corruption, bringing transparency and impartiality to the process. Fourthly, its recommendations can lead to disciplinary actions, prosecutions, or policy changes, contributing to a cleaner and more efficient administration.

In addition to its investigative and redressal functions, the Lokayukta plays a crucial role in promoting a culture of integrity in public service. By acting as a deterrent to corrupt practices, it encourages ethical behaviour among public servants and ensures that public offices are held to the highest standards of probity.

Q5) Describe the centre-state administrative relations in India.

Ans) Centre-state administrative relations in India are guided by the principles enshrined in the Constitution, which establishes a federal structure with a strong unitary bias. The relationship between the Centre and the states is outlined in various provisions of the Constitution, primarily in Articles 1, 73, 256, and 357.

a)     Distribution of Powers: The Constitution demarcates the powers between the Centre and the states through the Seventh Schedule, which contains three lists—Union List, State List, and Concurrent List. The Union List includes subjects on which only the Centre can legislate, the State List includes subjects for state legislation, and the Concurrent List contains subjects where both the Centre and states can legislate.

b)     Residuary Powers: The residuary powers not specifically assigned to the Centre or states reside with the Centre, reinforcing the unitary character in the Constitution.

c)     Article 356 - President's Rule: Article 356 provides for the imposition of President's Rule in states if there is a breakdown of constitutional machinery, allowing the Centre to take control of the state administration.

d)     Financial Relations: The Centre holds a significant role in financial relations. The Planning Commission (now NITI Aayog) played a crucial role in allocating resources and formulating plans. However, with the abolition of the Planning Commission, a more cooperative federalism model has been promoted.

e)     Emergency Provisions: During a national emergency, the Centre can assume more powers, altering the administrative dynamics significantly.

f)      Inter-State Council: The Constitution has provisions for an Inter-State Council (Article 263), which can be established by the President to promote coordination between states and between the Centre and states.

g)     Role of Governor: Governors, appointed by the President, act as representatives of the Centre in the states. They have a constitutional obligation to ensure that state administration is carried out in accordance with the laws of the Union.

Assignment C

Answer the following questions in about100 words each.

Q6) Write a note on concurrent list.

Ans) The Concurrent List in the Indian Constitution contains subjects on which both the Central and State governments can legislate independently. It is part of the Seventh Schedule and includes items like criminal law, marriage and divorce, bankruptcy and insolvency, education, and adoption. Both levels of government can enact laws on these matters, but in case of a conflict, the Central law prevails.

The Concurrent List reflects the concept of cooperative federalism, where both the Centre and states can contribute to legislation, promoting coordination while allowing flexibility for regional variations in policy implementation.

Q7) Explain the meaning of Secretariat.

Ans) A Secretariat refers to the administrative department of a government or organization responsible for managing and coordinating its activities. It serves as the primary centre for decision-making, policy formulation, and implementation. The Secretariat is typically organized into various departments or ministries, each headed by a secretary or minister.

In government, it plays a crucial role in supporting the executive branch, handling official communication, and ensuring the smooth functioning of administrative processes. The term is commonly used to denote the administrative headquarters or offices where administrative tasks and coordination activities are carried out at the highest level of an organization or government.

Q8) Discuss the functions of the State Public Service Commission.

Ans) The State Public Service Commission (SPSC) in India performs vital functions related to recruitment, appointments, and advisory roles for state government services. Its primary functions include conducting examinations to select candidates for various state-level civil services, advising the government on matters related to personnel management, framing recruitment rules, and ensuring fair and transparent selection processes.

The SPSC also handles disciplinary cases, promotions, and transfers of government employees. Overall, the SPSC plays a pivotal role in maintaining the efficiency, integrity, and neutrality of the state civil services by upholding standards of merit and fairness in recruitment and personnel management.

Q9) What do you mean by Habeas Corpus and Mandamus?

Ans) "Habeas Corpus" is a legal writ that protects an individual's right to personal liberty by preventing unlawful detention or imprisonment. It requires the custodian of a person to bring the detainee before a court or judge, along with evidence justifying the detention.

"Mandamus" is a legal writ that commands a public official or government body to perform a duty they are legally obligated to fulfil. It is issued to ensure that officials act within their authority and do not neglect their responsibilities. Mandamus is employed to compel action rather than to review decisions.

Q10) Briefly describe Zilla Parishad.

Ans) A Zilla Parishad is a local government body at the district level in India. It plays a crucial role in rural administration and development. Comprising elected representatives from various Panchayat Samitis and the Members of Parliament and Members of the State Legislature, it acts as a coordinating and supervisory body for the Panchayati Raj institutions in the district. Zilla Parishad is responsible for planning and implementing development programs, managing funds, and overseeing the functioning of Panchayat Samitis. It aims to promote local self-governance and address the needs of the rural population at the district level.