Assignment Code: BPAC-134 /ASST /TMA / 2021-22

Course Code: BPAC-134

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) Discuss the meaning, structure and role of the Secretariat. 20

Ans) The Secretary's office is referred to as the "Secretariat." It began during a period when India's government was mostly administered by secretaries. Following independence, the power of government was transferred to the people's elected Ministers, and the Ministry became the seat of power. The name Secretariat has become a synonym for the Minister's office as the political situation has evolved. Because the Secretary is the Minister's primary counsel, he or she must be physically present with him or her. As a result, Secretariat refers to the building complex that houses the offices of Ministers and Secretaries. It has been noted that the term "secretariat" refers to a collection of departments whose political heads are Ministers and administrative heads are Secretaries.

Structure of a Typical Secretariat Department

In terms of vertical organisation, a typical Secretariat Department includes two hierarchical formations: officers and what is referred to as the office.

Officers

Officers were traditionally organised into three tiers. A typical administrative department would be led by a secretary, who would be supported by Deputy Secretaries and Under/Assistant Secretaries. However, as the activities of various secretariat divisions have grown, so has the number of levels in the officers' hierarchy. As a result, posts of Additional and/or Joint Secretaries have been formed in several states between the Secretary and the Deputy Secretary.

The structure of a typical Department can be depicted as follows:

Department - Secretary

Wing - Additional/Joint Secretary

Division - Deputy Secretary

Branch - Under Secretary

Section - Section Officer

The Section is the smallest organisational level, and a Section Officer is in charge of it. Assistants, clerks, and computer operators are examples of other functionaries in a section. The office is the name given to a section. The Branch is divided into two sections and is overseen by an Under Secretary. A Division is made up of two branches and is led by a Deputy Secretary. When a department's workload exceeds the capacity of a Deputy Secretary, one or more Wings are established, each with a Joint Secretary in charge. The Secretary, who is in charge of the Department, is at the top of the organisational hierarchy.

The following extract Position and Role of State Secretariat

The following excerpt from the Administrative Reforms Commission's Report on State Administration expresses the State Secretariat's attitude and job succinctly: The State Secretariat, as the state's top administrative layer, is largely responsible for assisting the state government in formulating policies and carrying out its legislative duties.

The main functions of the State Secretariat are as follows:

1. Assisting the ministers in policymaking, modifying policies from time to time and discharging their legislative responsibilities;

2. Framing draft legislation, and rules and regulations;

3. Coordinating policies and programmes, supervising and controlling their execution, and reviewing of the results;

4. Budgeting and control of expenditure;

5. Maintaining contact with the Government of India and other state governments; and

6. Overseeing the smooth and efficient running of the administrative machinery and initiating measures to develop greater personnel and organisational competence.

The secretariat system is based on the administrative principle that policymaking and policy-implementation must be kept distinct.

Q 2) Examine the administrative relationship between the Centre and State. 20

Ans) According to constitutional requirements, the administrative powers of the centre and the states are divided as follows:

Directives by the union to the state governments

Article 256 states that each state's executive power shall be exercised in such a way as to ensure compliance with Parliament's laws and any existing laws that apply in that state, and that the Union's executive power shall extend to the giving of such directions to a state as the Government of India deems necessary for that purpose.

Delegation of Union functions to the states

The Parliament can also use the state machinery to implement Union laws, as well as confer authorities and entrust obligations to the state, according to Art 258(2). Art 258A also allows the State to delegate administrative functions to the Union government with the permission of the Union government. Executive powers in issues on the Concurrent list belong to the state until a constitutional provision or a Parliamentary bill expressly grants them to the Centre.

All India Services

Aside from the Central and State services, Article 312 of the Constitution allows for the development of new "All-India Services" that are shared by both the Union and the States. The State has the capacity to suspend officers of the All-India Services, but only the President of India has the power to appoint them and take disciplinary action against them.

Deployment of Military and Para-military Forces

If the case merits, the Union can deploy these in a state against the wishes of the state government.

Constitution of Joint Public Service Commission for Two or more States

When two or more states agree to form a Joint Commission by passing a resolution in their respective legislatures, the Parliament may create one by legislation.

The UPSC can also assist two or more states in devising and operating joint recruitment schemes for any service for which candidates with particular qualifications are required, according to a clause in the Constitution.

Judicial System

The state governments have the authority to administer justice and to establish courts for that purpose. As a result, each state has a High Court, which is the highest court within the state's territory and is responsible for enforcing both federal and state laws. As a result, the Constitution requires the President to nominate the Chief Justice of the High Court in conjunction with the Chief Justice of India and the Governor of the State.

Inter-State Council

India is a confederation of states in which the central government plays a key role while relying on the states to carry out its policies. The Constitution includes mechanisms in place to promote intergovernmental cooperation and effective consultations between the centre and the states, ensuring that all major national policies are reached through debate, discussion, and consensus.

Deployment of Military and Para-military Forces

If the case merits, the Union can deploy these in a state against the wishes of the state government.

Constitution of Joint Public Service Commission for Two or more States

There is also a clause in the Constitution that allows the UPSC to help two or more states in developing and implementing joint recruitment programmes for any service that requires candidates with specific qualifications.

Assignment B

Answer the following questions in about 250 words each.

Q 3) Highlight the role of Chief Minister. 10

Ans) A state government's council of ministers is led by a chief minister, who can be deputised by a deputy chief minister. The chief minister usually appoints the State Chief Secretary and can assign departments to his state's Cabinet Ministers and Ministers of State as he sees fit. He also gives the Chief Secretary authority to transfer, suspend, or promote state officers.

The Chief Minister is responsible for the state government in the same way that the Prime Minister is responsible for the federal government. Although the state government's real executive power rests with the Council of Ministers, the Chief Minister has taken on a unique role in the use of that power. He is not the first among equals, but he is the driving force behind the state's executive government. The Governor appoints the Chief Minister, who serves at the Governor's discretion. When a single political party has an absolute majority in the Assembly, however, the Governor's position is reduced to that of a ceremonial figure. She/he must invite the majority party's leader to form the government, and she/he cannot remove her/him as long as the Assembly has confidence in her/him. The only possible exception would be if the majority party's leader in the Assembly changed. During periods of instability, when no single party can claim an absolute majority in the Assembly, the Governor does have some authority in these situations.

Q 4) Describe the composition of State Finance Commission. 10

Ans) At the end of every five years, a State Finance Commission is appointed. However, it has no set period of operation and vanishes as soon as it submits its report. According to the majority of states' experience, a State Finance Commission typically operates for one to one and a half years. Every state appoints a State Finance Commission based on the Governor's declaration, and it exists from the day of its chairman and members taking office.

There is no consistency in the Finance Commission's makeup, and there is also little variance. It is made up of a chairman and a few other people. State legislation in some states specifies their strength. In Punjab, for example, the Finance Commission is made up of a chairman and four additional members. In Tamil Nadu, it is made up of one Chairman and four members. The third Finance Commission in Haryana had one Chairman and three members, whereas the fifth Finance Commission had seven members, one Chairman, and one Member Secretary.

Before selecting a person to the State Finance Commission as Chairman or Member, the Governor must be satisfied that the person to be nominated has no financial or other interest that might jeopardise her or his duties as Chairman or Member of the Finance Commission. Following the appointment of the Chairman and Members of the State Finance Commission, the Governor must periodically satisfy herself/himself that the Chairman and Members of the Finance Commission do not have any financial or other interests that could jeopardise their functions as Chairman or Members of the Finance Commission, and for that purpose the Governor must use the Go.

Q 5) Discuss the features of 74th Constitutional Amendment Act. 10

Ans) The 74th Amendment Act to the Constitution of the United States of America, dealing to Municipalities (Urban Local Government), was passed by the legislature in 1992.

On April 20, 1993, the President of India gave his approval. The Act aims to create a standard framework for the organisation and mandate of urban local bodies, allowing them to function as effective democratic local self-government units.

The 74th Amendment Act took effect on June 1, 1993, as announced by the Indian government. The Act allowed for a one-year period from the date of its enactment during which existing municipal laws (in effect in states/union territories at the time) were to be updated, amended, or modified to bring them into compliance with the provisions of the Constitution (74th Amendment) Act—1992.

The Salient Features of the Constitution (74th Amendment) Act, 1992:

1. Constitution of Municipalities.

2. Composition of Municipalities.

3. Constitution of wards committees.

4. Reservation of seats.

5. Fixed duration of Municipalities.

6. Power, Authority and responsibilities of Municipalities.

7. Appointment of State Election Commission.

8. Appointment of State Finance Commission.

9. Constitution of Metropolitan and District Planning Committees.

State/Union Territory governments have made steps to establish State Finance Commissions and State Election Commissions. Finance Commissions are established in every state. The majority of state finance commissions have delivered their reports to the state governments in question.

Almost all of the suggestions provided by their respective finance commissions were approved by the involved governments. For conducting elections to urban Local Bodies, all State Governments/Union Territories set up Election Commissions.

Assignment C

Answer the following questions in about 100 words each.

Q 6) Write a short note on Directorates. 6

Ans) The executive branch of the state government is the directorates. They put the policies formulated by the State Secretariat into action. Despite the fact that the terms "Directorates" and "Executive Agencies" are frequently interchanged, Directorates are only one sort of executive agency. Attached Offices and Subordinate Offices are the two sorts of directorates, as we'll see. This classification aids scholarly understanding of the functions that the two categories play in policy implementation.

The term "Directorate" is often used to describe an executive agency. The leaders of the Executive Agencies are frequently referred to as Directors. Director of Agriculture, Director of Animal Husbandry, Director of Education, Director of Social Welfare, Director of Public Health, Director of Town Planning, and so on are all examples of this.

Q 7) Describe the functions of State Public Service Commission. 6

Ans) The primary duty of state PSCs as recruiting agency is to conduct examinations for civil service appointments. 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 8) What do you mean by election tribunal? 6

Ans) The State Government, in conjunction with the SEC, establishes an Election Tribunal at the District or Sub-Divisional Headquarters for each district or part thereof. The State Government appoints an IAS or PCS Class I/ Group A State Government Officer with suitable administrative, legal, or magisterial expertise as the Presiding Officer of an Election Tribunal by Notification in the Official Gazette.

It should be noted that no election can be brought into question until an Election Petition is filed in compliance with the Act's provisions. Only the Election Tribunal, which has jurisdiction, has the authority to adjudicate on Election Petitions in this regard.

Q 9) “There is uniformity in case of jurisdiction of Lokayukta at the state level in India.” Examine. 6

Ans) At the state level, there is no uniformity in case of the jurisdiction of Lokayukta.

In this regard:

1. The Chief Minister is subject to Lokayukta's jurisdiction in Himachal Pradesh, Andhra Pradesh, Madhya Pradesh, and Gujarat, but not in Maharashtra, Uttar Pradesh, Rajasthan, or Bihar.

2. In the majority of states, the Lokayukta has jurisdiction over ministers and higher government officers. Former ministers and civil bureaucrats have also been included in the Maharashtra.

3. In Andhra Pradesh, Himachal Pradesh, Gujarat, and Uttar Pradesh, members of state legislatures are covered by the Lokayukta.

4. In most states, such as Himachal Pradesh, the authorities of corporations, firms, and societies fall under the jurisdiction of the Lokayukta.

Q 10) Discuss the significance of Gram Nyayalayas. 6

Ans) The Gram Nyayalayas hear criminal cases, civil suits, claims, and disputes that fall under the Act's First and Second Schedules. A Gram Nyayalaya has jurisdiction over a region defined by a notification issued by the State Government in collaboration with the High Court in question.

The Gram Nyayalayas follow particular processes set down in the statute and can wield civil court powers with a few exceptions. These Nyayalayas mediate disputes by bringing the parties together to reach an agreement. They can use conciliators for this purpose. The Nyayalayas' judgement and order are considered to be a decree.