Assignment Code: BPAE-143/ASST/TMA/ 2021-22

Course Code: BPAE-143

Assignment Name: Administrative System in Brics

Year: 2021-2022

Verification Status: Verified by Professor

Assignment I

Answer the following in about 500 words each.

Q1. Discuss the training process of civil servants in India. 20

Ans) The history of training to civil servants in India can be traced back to East India Company, which established Haileybury College in 1805 for the training of the young recruits to the civil services. The successful Indian Civil Service (ICS) candidates were required to spend 1 to 2 years in British University and learn subjects like Indian History, Indian Law and Indian language, etc. During the Second World War, a camp school was set up at Dehradun to impart training to the new entrants in the ICS.

After independence, the Indian Civil Service was converted into Indian Administrative Service (IAS) and the institutional training was imparted to the new recruits at the IAS Training School, Metcalfe House, Delhi. The Indian Administrative Service Staff College was set up at Shimla to train senior officials and recruits other than direct recruits. Both these training institutions were subsequently merged, and the National Academy of Administration was set up in September 1959 at Mussoorie now named as Lal Bahadur Shastri National Academy of Administration (LBSNAA), which is the most important central institution of training of the higher civil services including the All-India services.

The new recruits, before being given any new administrative responsibilities, require a systematic training in the skills and techniques of democratic administration. Therefore, new entrants to the All-India Services and higher Central and State Services are provided with well-planned institutional training in India. A few departments have their own staff colleges or training institutes e.g., Indian Railways at Vadodara, Indian Audit and Accounts Department at Shimla etc. The initial post-entry training is imparted in two different ways: a) Institutional training; and b) Departmental Training under the guidance of senior and experienced officers.

Training of IAS Officers

The training of this premier civil service has historically been accorded high priority by the government. IAS officers upon entry are trained for a period of two years at the LBSNAA, where the training follows the “sandwich” pattern, i.e., institutional training is interspersed by field training. It is distinguished by a common Foundation Course where all those selected for Group A Services (All India Services and Central Services) train together for the first fifteen weeks before embarking on their service-specific professional training (due to the increased intake into the civil services only Officer Trainees allocated to the Indian Administrative Service, Indian Foreign Service and Indian Police Service currently undergo their Foundation Course at LBSNAA, Mussoorie).

Foundation Training

The Foundational Course is for Officer Trainees of the All-India Services (the Indian Administrative Service, the Indian Police Service and the Indian Forests Service); and the Indian Foreign Service and various Central Services. It is run once a year usually from September to December at LBSNAA and at partner institutions.

Objectives of the Foundation Training

1. Orient Officer Trainees to the administrative, social, economic and political environment of the country.

2. Generate awareness of the challenges and opportunities within the Civil Services.

3. Promote overall development of personality traits of the Officer Trainees: intellectual, moral, physical and aesthetic,

4. Foster greater coordination among the members of different Civil Services by building esprit de corps.

After the completion of the Foundation training, IAS probationers stay back at LBSNAA for professional training. The probationers of other services leave for their respective training institutes for professional training. For instance, Indian Police Service (IPS) officers move to Sardar Vallabh Bhai Patel National Police Academy (SVBPNPA), Hyderabad, Indian Foreign Service (IFS) Officers are imparted professional training at the Sushma Swaraj Foreign Service Institute at Delhi.

Q2. Describe the administrative reforms undertaken in China. 20

Ans) Since the early 1980s, the Chinese government has actively pushed long-term administrative reforms to gather polity, social, and economic changes. It was only to promote government.

Among the administrative reforms in China are:

1. Look into the present challenges for administrative reform in China.

2. Investigating the considerable administrative reforms under the conventional State –Cantered prototype.

3. Examining an alternative mechanism for administrative reform in China.

After the 1980s, the social periphery, politics, economy, and ideology all altered significantly. It was a profound social upheaval. The Chinese administrative system changed in several ways, including:

1. Ideology

2. Economic System

3. Social System

4. Globalization

Economic prosperity replaced class conflict and revolution. Economic development requires public and private participation. Previously, China's economy was centrally planned. The state's interventionist role has lost its dictatorial status. Market is now a must. In terms of social structure, China's society is very mobile. It restricts public employment, especially in the Civil Service and recruitment. China is now advancing contemporary industries. China's urbanisation and planning are rapidly expanding. After globalisation, Chinese society desired global economic integration.

Due to over pressure of the Chinese Society, the administrative system faced many problems.

These are identified as major issues and challenges in governance:

1. Legitimacy issues,

2. State-Owned Enterprise issues,

3. Fiscal issues, and

4. Administrative State Issues.

   
   

In terms of legitimacy crises, trust has dwindled. The bureaucrats were corrupt. A State-owned Enterprise had little output. A monetary deficit exists in both local and central government. The administrative state was a nepotistic tyranny Misleading accountability Former leader Deng Xiaoping acknowledged it. Troubles and disasters persisted in government to varying degrees at all levels. Faced with multiple issues, the government resolved to implement effective reforms to increase administrative transparency. The Chinese people will benefit from good governance through administrative reform. The large-scale Government Organizational Reform (GOR) across the country was claimed to be widespread in four round tables. It was noticeable in 1982, 1988, 1992, and 1998.

The reform highlighted on following areas:

1. Changes in the functions of the Government.

2. Government Structure and Norms.

3. Cutback the personnel.

4.  Government and Enterprise Rationalisation.

5.  Codification of the rule of Law.

The government is increasingly focusing on social capital such as public goods and service distribution. In principle, China favoured limited state. The Chinese economy needs to change its government institutions and practises. The GOR reorganised the departmental organisation in accordance with CGR 1998. The Small Government, Big Society ethos was adopted. Chinese society emphasised merit-based civil service and a trained civil service army. Due to budget constraints, China's government suggested a 50% reduction in government employment. The Chinese government avoided bureaucratic business expansion. Legality underpins Chinese administrative governance. The government-employee system began to shift from favouritism to meritocracy.

Administrative reform in China aims to improve government efficiency. The Minnobrook Conference underlined the necessity for value orientations in implementing administrative changes in China. Administrative reform should be able to expand the entire society. Previously, administrative reforms were suggested for reorganisation. Currently, it focuses on government organisation and workforce reduction.

Assignment II

Answer the following questions in about 250 words each.

Q3. Highlight the parliamentary system of South Africa. 10

Ans) The parliamentary system of South Africa is described below:

Legislative Branch

South Africa's bicameral Parliament is the legislative branch of the country's government. The National Assembly (lower chamber) and the National Council of Provinces make up this body (the upper house). The National Assembly is made up of 400 members who are chosen by popular vote using a proportional representation system based on party lists. Half of the members are chosen from provincial party lists, while the other half are chosen from national party lists.

The members of the General Assembly elect the President. The President resigns as a member of Parliament after being elected and appoints a Cabinet of Ministers from among the MPs. Ministers, on the other hand, keep their legislative seats. The President and Ministers are accountable to the Parliament, which they must be members of. General elections are held every five years at the very least.

Executive Branch

The executive branch of the national government is made up of the President, Deputy President, and Ministers. Ministers are members of Parliament who are appointed by the President to lead the national government's several ministries. The president is chosen by the members of parliament. Individual ministers, as well as the Cabinet as a whole, are responsible to Parliament for their activities.

Judicial Branch

An independent judiciary is the third branch of the national government. The judicial branch interprets the laws, based on the legislation as enacted and explanatory remarks made during the enactment process. The legal system is based on Roman-Dutch and English common law, and it recognises, with reservations, obligatory ICJ jurisdiction.

Q4. Discuss the constitutional framework of Brazil. 10

Ans)

The Constitution of Brazil in 1891

Brazil's first republican constitution was quite similar to the US Constitution. It inaugurated the Presidential system and men universal suffrage at 21. In addition, it established a bicameral legislature with direct elections, and a federal chamber.

The Constitutions of Brazil from 1934-1937

Getulio Vargas staged a coup in 1930. 1934 witnessed a new constitution. The President's executive and legislative powers were given more weight after Vargas was compelled to stage a coup. The President may appoint province governors, who may appoint mayors. No political parties, no congress, no individual rights or assurances. The state dominated the economy. Vargas may proclaim a New State dictatorship and govern for a decade.

The Constitution of Brazil in 1946

The New State dictatorship of Getlio Vargas was ousted by his war minister in 1946, replacing the Constitution. A new President, Eurico Gaspar Dutra, was chosen for five years. The new Constitution restored core individual liberties and the separation of powers.

The Constitutions of Brazil in 1967-1969

The 1946 Constitution had many flaws that harmed its essence and destroyed its democratic nature. So, a new constitution of 1967 superseded it. This document was amended again in 1969. Both constitutions intended to institutionalise the military dictatorship by concentrating authority in the hands of the administration, particularly the President.

Transition of the Constitution in 1988

A decade of economic stagnation led to social unrest and discontent in the 1970s, and the military regime was overthrown in 1974. President Ernesto Geisel and his Minister-in-Chief, General Golbery de Couto e Silva, began a gradual process of political liberalisation. In 1985, the National Constituent Assembly was formed to draught a new constitution. The 559-member Assembly developed the 1988 constitution through public hearings and participatory processes. It took the ANC 20 months to discuss the 1988 “Citizen Constitution”.

Structure of the Government under Constitution of 1988

A presidential federal republic, Brazil. The federation was expanded to include municipalities in 1996. Thus, there are 26 states and one federal district (Brasilia). It has legislative, executive, and judicial branches. The 1988 Constitution aimed for less federal control and more state and local administrative autonomy.

Q5. Explain the features of budgeting in Russia. 10

Ans) Various institutional and financial improvements occurred in 2007 as a result of administrative reforms in Russia. Three-year budgets were one of the reforms. New fiscal restrictions and extra budgetary operations were also reforms.

The three-year budgets began in 2008. An additional two-year planning period is authorised. The appropriations are unchanged for the current year but are inflated by various indexes set by the Ministry of Finance. Many countries employ multi-year budget predictions, but in Russia it is legislated for three-year budget. The budgeting process is separated into two phases. An update of the estimates for the approaching year and the first outyear is presented in the first part. The second component involves allocating new spending for the budget year and new out-years.

The budget is authorised by the State Duma and the Council of Federation. In 2010, a new method for creating, implementing, and evaluating government programmes was launched in Russia. It was used to link public policy goals to budgeting. Program and policy coordination with budgeting was formerly considered as an issue. Indicators did not match the objectives due to poor techniques and a lack of legislative backing.

The new method, implemented in 2011, presents the government budget's expenditures as programmes. Effective budget spending has now become a top priority for the Russian federal government.

In 2016, the budget reform process started moving towards a regional perspective, notably in programme budgeting. Regions are already working on a new budgeting approach. Adapting to the new budgeting approach appears to be difficult due to participant conflicts, wasteful use of cash, and inappropriate tool selection. The reform process is still in the transitional stage.

Assignment III

Answer the following questions in about100 words each.

Q6. Discuss the constitutional court of Russian Federation. 6

Ans) The Russian Federation's Constitutional Court is a high court in Russia's judiciary with the authority to decide whether specific legislation or presidential decrees are in reality in violation of the Russian Constitution. Its sole purpose is to protect the Constitution (this function is known as "constitutional control" or "constitutional supervision" in Russian constitutional law) and to resolve a few types of disputes over which it has original jurisdiction, whereas the Supreme Court of the Russian Federation is the highest court of appeal.

The Constitutional Court is made up of 11 justices who are nominated by the Russian Federation's President and appointed by the Federation Council. If at least two-thirds of the total number of judges are in office, the Constitutional Court can carry out its duties. The Constitutional Court's powers are indefinitely exercisable.

Q7. Explain the judicial remedies in India for the citizens. 6

Ans) Fundamental rights are those that guarantee persons equality in all aspects of life, regardless of race, colour, caste, religion, place of birth, or gender. Articles 12 through 35 of the Indian Constitution enumerate certain rights. In the event that these rights are violated, pre-determined punishments are imposed at the discretion of the judiciary.

Dr. Ambedkar referred to Article 32 as the "spirit of the constitution" and the "exceptionally heart of it." It has been included in the fundamental structure regulation by the Supreme Court. Furthermore, it is underlined that the right to appeal to the Supreme Court cannot be interrupted unless the Constitution expressly allows it. This argues that, under Article 359, this right is suspended in the event of a national emergency.

Article 32 establishes the Supreme Court as the protector and insurer of fundamental rights. Furthermore, the Apex Court has original jurisdiction over the power to issue writs. This means that rather than appealing, a person can approach SC directly for a remedy.

Article 32 can only be utilised to seek redress for violations of Article 12-35's fundamental rights. It isn't there for any other legal right that is protected by a variety of laws.

Q8. Highlight institutional framework and planning process in South Africa. 6

Ans) The planning process in South Africa begins with the following institutional procedures:

In South Africa, the Presidency is one of the institutional frameworks for the planning process. Its primary responsibilities include the formulation of strategic planning. It has a lot to do with overall planning coordination. The National Planning Commission was also established with the goal of analysing long-term development trends and providing advice on long-term planning and NDP implementation. South Africa's Department of Planning, Monitoring, and Evaluation is likewise a planning implementing agency. It is responsible for monitoring and evaluating the implementation of policies for all-round development in collaboration with the National Treasury. It is also in the hands of the Secretariat, which is overseen by the National Planning Commission. The Office of the Premiers is also in charge of the execution of provincial plans and the coordination of policies for those plans.

Q9. Write a note on local governance in Brazil. 6

Ans) The followings are major objectives of local governance in Brazil:

1. The local financing arrangement is examined by the local governance.

2. The local government focuses on the distribution of financial resources between the federal, state, and municipal levels.

3. The local governance investigates new policies that the federal government implemented in the 1990s.

4. Local government encourages the provision of fundamental social services.

5. The municipal government was created and framed in such a way that the common citizen may participate in the decision-making process.

Q10. Examine the role of civil society in India. 6

Ans) The role of civil society in detail:

Policy Advocacy

CSOs are involved in policy talks with the government on poverty reduction and marginalisation. These organisations assist the government in formulating policies, implementing policies, and monitoring and reviewing policies. Save the Children India is an NGO that aims to restore children's rights.

Protection Role

The Association for the Protection of Democratic Rights aids persons without access to justice. Usually, such CSOs provide legal aid and safeguard citizens from authoritarian views.

Promotion of Transparency

The CSOs have enabled the enactment of RTI Act, 2005 and Lokpal and Lokayukta Act, 2013.

Mobilization of the Citizens and Resources

These groups include communities in development projects by planning and designing them. This even aids the administration in reversing certain unpopular decisions. They used community resources to develop communal infrastructure, dwellings, toilets, and basic amenities like water and electricity.

As an Active Partners in development

NGOs like ‘Asha' and ‘Pratham' actively engage in delivering education to children in rural and slum areas. Rural Health Care Foundation provides health care services to rural and remote residents.