Assignment Code: BPAE-143/ASST/TMA/July 2023 & January 2024

Course Code: BPAE-143

Assignment Name: Administrative System in BRICS

Year: 2023-2024

Verification Status: Verified by Professor

Assignment A

Answer the following questions in about 500 words each.

Q1) Discuss the judicial structure of China.

Ans) The legal system of the People's Republic of China (PRC) is intricately woven into its socialist ideology, often referred to as the "people's court system." At its apex is the Constitution of the PRC, the paramount law of the land, shaping a legal framework that prioritizes collective socialist aspirations over individual justice. Unlike common law systems, China adopts a Civil Law system, relying on statutes while excluding case law, which implies that court cases do not establish legal precedent.

Judicial Structure:

Supreme People's Court (SPC): Located in Beijing, the SPC is the highest court, overseeing the entire judicial system. It consists of a President, Judges, and a Standing Committee. Functions include trying cases of national significance, supervising lower courts, and interpreting laws.

High People's Courts (HPC):

Established for provinces, autonomous regions, and municipalities directly under central government control. Similar internal structure to the SPC, with appellate and original jurisdiction.

Intermediate People's Courts (IPC):

Set up for capitals or prefectures at the provincial level and in cities and districts directly under provinces and the Central Government. Possess both appellate and original jurisdiction, with powers to review decisions and supervise lower courts.

Local People's Courts (LPC):

Found at grassroots, intermediate, and higher levels, handling civil, criminal, and administrative cases. Responsible for trials, supervision of arbitration committees, and public relations work related to laws.

Specialized Courts:

a)     Military Courts: Operate at grassroots, regional, and the highest Military Court (People's Liberation Army). Adjudicate cases within the military context, including death penalty trials.

b)     Maritime Courts: Established for sea-shipping cases, categorized into various maritime torts, commercial disputes, and enforcement matters.

c)     Railway Courts: Handle crimes, disputes, and preservation of railways, with jurisdiction over twelve categories of railway-related cases.

d)     Judicial Independence and Oversight: China's judicial system faces challenges to its independence. A complex structure involves numerous officials, committees, and decision-making processes, often subject to internal and external controls. The influence of politico-legal committees, acting on behalf of the Communist Party, underscores the intricate balance between legal processes and political considerations.

Special Features:

a)     No General Power of Judicial Review: The courts in China lack a general power of judicial review. However, under the Administrative Procedure Law, they possess the authority to invalidate specific Acts or Sections thereof, focusing on administrative matters.

b)     Judicial Edifice Challenges: The Chinese judicial edifice is characterized by a layered structure, where officials, committees, and approval processes contribute to decision-making. It is often remarked that "those who hear the case do not decide it, and those who decide it do not hear it," highlighting the bureaucratic intricacies.

c)     People's Procuratorates and Public Security System: In addition to the court system, the People's Procuratorates serve as the state organ for legal supervision, while the Public Security system focuses on investigations and evidence gathering.

Challenges and Criticisms:

a)     Limited Judicial Independence: The judiciary faces constraints, raising concerns about its independence, particularly in politically sensitive cases.

b)     Sarcasm about Decision-Making: A certain level of sarcasm surrounds court decisions, symbolized by judges not signing their own judgments, with higher officials often doing so.

Q2) Highlight the citizenship, governance and administration in Brazil and Russia.

Ans) Citizenship, Governance, and Administration in Brazil:

Citizenship:

Brazil, a federal republic, grants citizenship to individuals born within its territory or to Brazilian parents abroad. Naturalization is available for immigrants who meet specific criteria. Citizens enjoy fundamental rights and participate in democratic processes, including voting in elections. However, challenges like socioeconomic disparities and discrimination against marginalized communities persist, influencing citizenship experiences.

Governance:

a)     Federal Republic: Brazil follows a federal system with three branches of government: executive, legislative, and judicial. The President, elected for a four-year term, heads the executive branch.

b)     Presidential System: The President is both the head of state and government, responsible for executing laws, leading the armed forces, and representing Brazil internationally.

c)     National Congress: The legislative branch comprises the National Congress, with two chambers: the Chamber of Deputies and the Federal Senate. Members are elected through proportional representation.

d)     Judiciary: The judiciary, headed by the Supreme Federal Court, interprets the constitution, and resolves legal disputes. It ensures the protection of individual rights.

Administration:

a)     Federal Structure: Brazil has 26 states and one federal district, each with its government. This federal structure decentralizes governance, allowing states a degree of autonomy.

b)     Municipalities: Municipalities have local administrations, reinforcing decentralized governance. Mayors and city councils oversee local affairs, infrastructure, and public services.

c)     Social Programs: Brazil has implemented social programs like Bolsa Família to address poverty, emphasizing inclusive governance. However, challenges persist, including corruption and inequality.

d)     Environmental Governance: Due to its vast Amazon rainforest, Brazil faces unique environmental governance challenges. Balancing economic development with environmental conservation is a priority.

Citizenship, Governance, and Administration in Russia:

Citizenship:

Russian citizenship is primarily acquired through birth, descent, or naturalization. Dual citizenship is discouraged, and Russian citizens enjoy constitutional rights and responsibilities. However, concerns about restrictions on political freedoms and human rights persist, impacting the overall citizenship experience.

Governance:

a)     Federal Semi-Presidential Republic: Russia operates as a federal semi-presidential republic. The President, elected for a six-year term, serves as the head of state, while the Prime Minister is the head of government.

b)     Executive Power: The President holds significant executive powers, influencing both domestic and foreign policies. The Prime Minister, appointed by the President, heads the government.

c)     Federal Assembly: The legislative branch consists of the Federal Assembly, comprising the State Duma (lower house) and the Federation Council (upper house). Members are elected through a mixed electoral system.

d)     Judiciary: The judiciary, led by the Constitutional Court and the Supreme Court, interprets laws and safeguards constitutional principles. However, concerns about judicial independence persist.

Administration:

a)     Federal Structure: Russia is a federation with 85 federal subjects, each with its administrative centre. The federal structure provides a degree of autonomy to regions.

b)     Regional Governance: Governors and local legislatures govern federal subjects, managing local affairs. However, regional autonomy is constrained by federal oversight.

c)     Administrative Reforms: Russia has undergone administrative reforms to enhance efficiency. Initiatives like the "May Decrees" aim to improve governance, public services, and socioeconomic development.

d)     State Corporatism: The Russian state plays a significant role in the economy through state-owned enterprises. State corporatism influences economic governance and resource management.

Similarities:

Both Brazil and Russia are federal republics with a separation of powers among the executive, legislative, and judicial branches. They face challenges related to corruption, socioeconomic inequality, and environmental concerns. Citizenship in both countries grants individuals fundamental rights but may be impacted by issues like discrimination and restrictions on political freedoms.

Differences:

Brazil follows a presidential system, while Russia operates as a semi-presidential republic. Brazil has a vibrant local governance structure with municipalities, emphasizing decentralization. In contrast, Russia's federal subjects have limited autonomy. Brazil’s governance includes well-known social programs, while Russia has implemented administrative reforms like the "May Decrees."

Assignment B

Answer the following questions in about 250 words each.

Q3) Describe the structure of the South African Parliament.

Ans) The Parliament of South Africa is bicameral, consisting of two houses: the National Assembly and the National Council of Provinces (NCOP). This structure is designed to represent the diversity of the country and its provinces.

National Assembly:

The National Assembly is the lower house and the primary legislative body. Members of the National Assembly (MPs) are elected through a system of proportional representation based on political party lists.

The National Assembly is responsible for passing national legislation, approving the budget, and overseeing the executive branch. The party or coalition with the majority of seats in the National Assembly forms the government, and its leader usually becomes the President of South Africa.

The National Assembly also plays a crucial role in scrutinizing and holding the executive accountable through mechanisms such as question sessions and debates.

National Council of Provinces (NCOP):

The NCOP is the upper house and represents the provinces of South Africa. Each of the nine provinces sends a delegation to the NCOP, consisting of six permanent delegates and additional special delegates.

The NCOP's role is to represent provincial interests and ensure that provincial concerns are considered in the national legislative process. It also participates in the review of national legislation to assess its impact on provinces.

The NCOP provides a platform for provinces to participate in national policy formulation and legislative processes, promoting cooperative governance between the national and provincial levels.

Q4) Write a note on the control mechanism over administration in India.

Ans) In India, the control mechanism over administration is established to ensure accountability, transparency, and adherence to the rule of law. Several mechanisms contribute to overseeing and regulating administrative actions:

Judicial Control:

The judiciary, particularly the Supreme Court and High Courts, plays a crucial role in exercising control over administration. Through writs like habeas corpus, mandamus, certiorari, prohibition, and quo warranto, the courts can review administrative decisions and actions.

Legislative Control:

The Parliament and state legislatures exercise control through various means. Parliamentary committees, such as the Public Accounts Committee (PAC) and the Estimates Committee, scrutinize budgetary allocations and administrative functioning. Question hours and debates provide a forum for legislators to seek clarifications from the executive.

Executive Control:

The President of India and Governors at the state level, acting on the advice of the Council of Ministers, have the power to control and regulate the actions of the administration. Administrative reforms and policy decisions are often guided by the executive.

Administrative Tribunals:

Specialized tribunals, such as the Central Administrative Tribunal (CAT) and State Administrative Tribunals, are established to adjudicate disputes related to administrative actions. These tribunals provide an alternative forum for addressing grievances without resorting to regular courts.

Ombudsman Institutions:

Institutions like the Central Vigilance Commission (CVC) and state-level Lokayuktas act as ombudsman bodies, investigating complaints of corruption and maladministration. These bodies contribute to ensuring ethical conduct within the administration.

Right to Information (RTI):

The RTI Act empowers citizens to access information held by public authorities, promoting transparency and accountability. Citizens can use this tool to scrutinize administrative decisions and actions.

Comptroller and Auditor General (CAG):

The CAG audits government expenditures and reports findings to the Parliament and state legislatures. This mechanism ensures financial accountability and effectiveness in the use of public resources.

Public Interest Litigation (PIL):

Citizens and non-governmental organizations can approach the courts through Public Interest Litigation, seeking judicial intervention in matters of public importance, including administrative decisions that may violate legal norms or public interest.

Q5) Briefly discuss the planning process in China.

Ans)The planning process in China is a key component of its socialist market economy, characterized by a mix of central planning and market-oriented reforms. The process is shaped by long-term plans, including Five-Year Plans, which set economic and social development targets.

Centralized Planning:

China's planning process is centrally coordinated by government agencies, primarily the National Development and Reform Commission (NDRC). The NDRC formulates, implements, and adjusts economic plans, aligning them with the goals of the Chinese Communist Party.

Five-Year Plans:

China adopts Five-Year Plans as blueprints for economic and social development. These plans outline targets for GDP growth, industrial production, innovation, environmental protection, and social welfare. The most recent plan, as of my last knowledge update in 2022, is the 14th Five-Year Plan (2021-2025).

Top-Down Implementation:

The planning process involves a top-down approach, with directives flowing from the central government to regional and local levels. Provincial and municipal governments adapt national plans to align with local conditions.

Dual Circulation Strategy:

Recent planning emphasizes the "dual circulation" strategy, focusing on both domestic and international economic circulation. This reflects a shift towards relying more on domestic consumption and innovation.

Market-Oriented Reforms:

While central planning guides the overall direction, China has embraced market-oriented reforms, allowing a level of flexibility and dynamism in the economy. This approach aims to balance state intervention with market forces.

Innovation and Technology:

Recent plans emphasize the importance of innovation, technology development, and the digital economy. The "Made in China 2025" initiative is an example of the country's focus on becoming a global leader in strategic industries.

Sustainable Development:

The planning process increasingly emphasizes sustainability and environmental considerations. China has committed to achieving carbon neutrality by 2060, reflecting a growing awareness of ecological challenges.

Adaptability:

The planning process demonstrates a degree of adaptability, allowing adjustments to economic policies based on evolving domestic and global conditions.

Assignment C

Answer the following questions in about100 words each.

Q6) Discuss the basic features of South Africa Constitution.

Ans) The Constitution of South Africa, adopted in 1996, is known for its inclusivity and commitment to human rights. Key features include equality before the law, protection of fundamental rights, and a separation of powers among the executive, legislative, and judicial branches. It recognizes diverse cultures and languages, fostering a multicultural society. The Bill of Rights enshrines civil liberties, socio-economic rights, and anti-discrimination principles. Notably, the Constitution establishes an independent judiciary, a multi-party system, and mechanisms for public participation in governance, embodying South Africa's post-apartheid commitment to democracy, equality, and justice.

Q7) Highlight the role and responsibilities of the President of India.

Ans) The President of India, as the ceremonial head of the state, plays a crucial role in the country's constitutional framework. Responsibilities include appointing the Prime Minister and other key officials, addressing Parliament, and giving assent to bills for their enactment into law. The President represents India in diplomatic matters, receives foreign ambassadors, and has the power to grant pardons and reprieves. While the President's executive powers are limited, their role is pivotal in upholding the Constitution, fostering stability, and ensuring the smooth functioning of India's parliamentary democracy.

Q8) Enumerate the importance of bureaucracy in the policy process.

Ans) Bureaucracy is pivotal in the policy process for several reasons. It formulates, implements, and administers policies, translating legislative intent into practical actions. Bureaucrats possess expertise, providing valuable insights during policy formulation. Their role extends to policy evaluation, ensuring effective outcomes. Bureaucratic agencies act as intermediaries between political decisions and citizens, contributing to policy continuity and stability. The bureaucracy's administrative efficiency ensures the smooth execution of policies, facilitating governance. While bureaucracy's influence must align with democratic principles, its importance lies in the essential execution, expertise, and continuity it brings to the policy-making process.

Q9) What is Skeleton plan in Brazil?

Ans) In Brazil, the Skeleton Plan, also known as the programming stage, is overseen by the Ministries of Planning, Finance, and other relevant bodies like SUDENE, SUDAM, RADAM, INCRA, and ROVALE. These institutions supervise the implementation of projects. Notably, the Piano SALTE and Piano De Metas were pivotal in executing sectoral plans from 1950-1954 and 1956-1961. The Goulart Plan introduced the Global Planning Programme, focusing on a three-year economic and social development plan for Brazil, particularly addressing the challenges posed by recession during its implementation.

Q10) Write a note on citizenship in Russia.

Ans)Russian citizenship is acquired through birth, descent, or naturalization. It follows the principle of jus sanguinis, emphasizing blood ties to Russian citizens. Dual citizenship is generally discouraged. Naturalization requirements include a period of legal residence, language proficiency, and knowledge of Russian history and laws. Citizenship provides rights like voting and consular protection. Recent amendments have simplified the naturalization process for certain categories, encouraging skilled professionals and Russian-speaking individuals to become citizens. However, there are debates around citizenship policies, reflecting broader discussions on identity, migration, and geopolitical considerations in contemporary Russia.