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Governance
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Governance

Syllabus
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notion image
  1. Unit 1 - Important aspects of Governance
  1. Unit 2 - Role of Civil services in a democracy
  1. Unit 3 - Development process and theDdevelopment industry
  1. Unit 4 - Government policies and interventions for development
Sources
  1. NCERT 9, 10 and 11
  1. IGNOU Material
  1. 2nd ARC Reports
  1. VisionIAS Value Added Material
  1. Class Notes
Unit 1 - Important aspects of Governance
What is Governance
  1. The word "Govern" is derived from the Greek word "Kubernaein" which means to stare
  1. Govern means to run or to control; Government is the group of people with authority to govern
  1. Governance is the manner of governing and its ss the proceed if doing and the process by which decisions are implemented or not implemented
  1. UNDP defines governance as (1997): It is the exercise of economic, political and administrative authority to manage a country's affairs at all levels.
  1. It comprises the mechanism, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences
What is Democracy
  • Democracy is derived from the words demos and Kratos ie rule by the people
  • Abraham Lincoln said democracy is government by the people, of the people and for the people
  • The Economist Intelligence Unit, which releases the Global Democracy Index.
  • Ranks the different countries based on a set of 10 indicators such as electoral process and pluralism; civil liberties; government functioning; political participation
  • Based on the score the countries are classified as:
  • Full democracy - Norway, Finland, Sweden
  • Flawed democracy - India and USA
  • Hybrid Regime - Pakistan
  • Authoritarian Regime - North Korea,
  • The governance in a country depends on the type of democracy
Democratic Governance
  • It is a system of government where institutions function according to democratic processes and norms, both internally and in their interaction with other institutions
  • Difference between King's Governance and Democratic Governance:
  • 1. Right to decide the taxation and the manner of spending the taxpayer's money:
  • In democratic governance, the content of people is taken in taxation matters
  • For example, passing of Budget in India's Parliament
  • 2. Rule of law:
  • It provides for the absence of arbitrary laws and equality before the law
  • In order to ensure the rule of law, democratic governance shall be fully implemented
  • Henna Arendt - "Citizenship is the right to have rights"
Welfare State
  • A state which proactively protects and promotes the social and economic well being of the citizens
  • It is based on the principle of equitable distribution of wealth, equal opportunities and public responsibility for citizens
  • After the 1930s, Great Depression, European Countries and the USA moved towards the concept of a Welfare State which was found to be the middle way between the extremes of communism and unregulated Laissez Fare Capitalism (Free Market)
  • Both the concepts of democracy and welfare state reinforce each other
  • Democracy ensures Governance
  • Welfare State ensures good governance
  • Governance - Positive and negative
  • Negative - Red Tape, corruption, secrecy
  • Positive - Transparency, accountability and rule of law
Good Governance
Introduction
  • Governance by itself is a neutral term while Good governance implies positive attributes and values associated with the quality of governance
  • Good Governance is linked to an enabling environment, conducive to the enjoyment of Human rights and promoting the growth and sustainable human development
  • UNDP recognises 8 core characteristics of good governance
  • These are Transparent, Accountable, Responsible, Equitable and inclusive, Consensus printed, participatory, follow the rule of law; efficient and effective
Participation
  • Participation is an essential aspect of democratic governance without which it will be an autocracy or dictatorship
  • Participation of the sections of the society including men and women and all the vulnerable sections
  • Participation can be direct or through representatives for example the parliamentary democratic system in India
  • In order to ensure the participation of vulnerable sections, a strong civil society is required
  • The presence of a strong civil society ensures that the participation is informed and organised
  • Freedom of association and expression is necessary for the participation of people for example Article 19 of the Indian constitution
  • Participation ensures accountability, responsiveness, legitimacy, effectiveness, and ease of governance
  • For example, a referendum in South Sudan in 2011 needed a 22 old civil war
Rule of Law
  • It involves the presence of a fair and legal framework to ensure harmony in the society
  • It also ensures that the decisions taken by the government are founded in law and the citizens are protected from arbitrary decisions
  • In order to ensure impartial enforcement of rule of law an impartial and incorruptible police force along with an independent judiciary is required
  • It ensures the protection of human rights in the society
Consensus Oriented
  • It is the meditation of different interests in society to reach a broad consensus
  • It is about what is in the best interest and how to achieve it
  • It requires an understanding of the historical, cultural and social contexts of a given society
Equity and Inclusiveness
  • While equality is treating everyone equally, equity is about fairness and just
  • Equity is the means to achieve the end goal of equality; For example, reservation
  • Inclusiveness is to make all the members feel that they have a stake in societies well being and are not excluded from the mainstream of society
  • All the groups, particularly the most vulnerable should get opportunities to improve their well being
Responsiveness
  • It ensures institutions and processes serve all the stakeholders within the reasonable time frame
  • Time-bound delivery of services, citizen grievance redressal, etc are the key components of responsiveness in governance
Transparency
  • It means decisions are taken and enforced in a manner following rules and regulations and the information regarding such decisions are made open
  • It is not only the decisions but also the grounds on which the decisions are made
  • The information should be freely available in an easily understandable manner or form
  • The information should be complete and correct
  • Right to Information (RTI) ensures transparency
  • Benefits of transparency for the government:
  • People will have greater trust in a transparent government
  • They are more likely to understand that the country is placed in a difficult situation
Accountability
  • It involves answerability and enforcement
  • Answerability is the obligation of government to provide information about their decisions and to justify them to the public and those institutions of accountability
  • Enforcement ensures that the public or institutions of accountability can sanction the offending party
  • Accountability is important:
  • To ensure that the public bodies are functioning to their full potential and
  • Also, to make the government responsive to the community
  • Types of accountability:
  • Horizontal Accountability - between the executive, legislature and judiciary
  • Vertical Accountability - elections, Social Audit
  • To ensure accountability we need rule of law and transparency
Effective and Efficient
  • Producing the intended result is the effectiveness
  • Functioning in the best possible manner with the least waste of time and resources is efficiency
  • A good governance system, its processes and institutions meet the needs of society while making the best use of resources
  • Good governance covers the sustainable use of natural resources and environmental protection
  • So, when we bring effectiveness and efficiency together then it is productivity
Strategic Vision
  • It is included as the 9th Principle of good governance in some of the sources
  • The strategic vision is to have a broad and long term perspective on good governance and human development, etc
Stakeholders of Governance
  • It includes state, market and civil society
  • State - It includes different organs of the government such as the executive, legislative and judiciary
  • Market - It involves the private sector and for-profit organisations, both organised and un-organised, from corporates to small scale
  • Civil Society - Whoever, not included in the other two ie Government and for-profit organisations
  • It involves NGOs, Voluntary Organisations, trade unions, Pressure Groups, Religious groups, etc
  • A mobilised civil society has the power to influence both state and market
Dimensions of Governance in India
  • The Department of Administrative Reforms and Public Grievances under the Ministry of Personnel, Public Grievances and Pensions published a report
  • The report is "State of Governance a framework of Assessment" which talks of five different dimensions of governance. These are:
  • Political - for example, election, the exercise of the franchise and aspects related to political rights
  • Legal and Judicial - implementation of laws just as police and judiciary
  • Administration - In includes day to day activities of the government such as various services that it provides
  • Economic - How well the fiscal resources are handled in the country
  • Social and Environmental - How the need of vulnerable section is handled along with environmental issues, etc
Governance Issues in India
  • Political Issue - Criminalisation of politics, Lower voter turnout, lack of decentralisation, Lack of democracy in a political party, defection, booth capturing, identity politics, disruption of parliament, excessive use of ordinance
  • Legal and Judicial - Pendency of cases; vacancy in the judicial posts; lack of accountability in the judiciary; the issue of under-trials; lack of free legal aid; independence of the judiciary; preventive detention; custodial death; judicial overreach
  • Administrative - Lack of transparency, corruption, red tape; resistance to change; abuse of authority;
  • Economic Issue - Fiscal deficit, regional disparity; unemployment; mismanagement of resources; income inequality; NPA issue; poverty
  • Social and Environmental issues - pollution; unsustainable development; caste discrimination; inequality in society; lack of skill development
Strategies for Good Governance in India
  • The governance of a state is judged based on the outcome of Governance rather than the process or the output
  • Outcomes are based on the policies of the Government
  • Policies are set of rules and guidelines or principles of action set by the government
  • Policies are dependent on the kind of state
  • For example, the discriminatory policy of Burma towards Rohingyas
  • In India, the objectives of the state are clearly highlighted in the constitution through the Preamble, DPSPs, etc
  • Policies emerge from the appreciation of the problems of stakeholders and capacity to evolve the policy beneficial to stakeholders
  • For example, MGNREGA is a policy whose outcome was based on empathy
  • Few strategies for good governance:
  • 1. Clean process of selection of government and its organs
  • 2. Ensuring Governance effectiveness which involves the govt capacity to conceptualise the policy and to efficiently process the policy along with the civil society
  • 3. Ensuring rule of law and control of corruption which helps in retaining the confidence of people about the fairness of the system
  • The Purpose of government:
  • Confucius describes righteousness as the foundation of good governance and peace
  • The art of good governance simply lies in making things right and putting them in their right place
  • Gladstone - The purpose of a government is to make it easy for people to do good and difficult to do evil
  • World Wide Governance Indicator (WGI) Project is a report of World Bank done since 1996 for nearly 200 countries
  • This is ranked under 6 different key dimensions. these are:
  • 1. Voice and accountability
  • 2. Political Stability and lack of violence
  • 3. Government Effectiveness
  • 4. Regulatory Quality
  • 5. Rule of law
  • 6. Control of Corruption
Initiatives that were taken for Good Governance in India
  • In India, Good Governance Day is celebrated on 25th December
  • Good Governance Index - It was initiated in 2019 under the Ministry of Personnel, Public Grievances and Pensions
  • For example - RTI, Citizen Charter, Social Audit, e-governance, etc
  • Minimum Government, Maximum Governance:
  • To keep the people with authority to govern minimum and to provide for citizen-friendly and accountable administration
  • It involves reducing the decision making layers to the minimum while allowing for faster means of information dissemination
  • The first objective can be fulfilled by various initiatives like reducing Cabinet Committees, emerging of similar departments and ministries; reducing bureaucratic hurdles; identification and cutting short of various procedures, etc
  • The second objective can be fulfilled by the use of technology to bring transparency and robust governance
  • For example Digital India by allowing people to connect with the government directly, digital empowerment and participative governance; for example Digilocker, My Gov. in, etc
Right to Information (RTI)
  • Thomas Jefferson - "Information is the currency of Democracy"
  • Evolution in India:
  • Universal Declaration of Human Rights 1948 - India has been a signatory of it
  • As per it is the right to seek and receive information which is a fundamental human right
  • 1975 - Raj Narain versus the State of UP
  • As per this, the people have the right to know every public act and RTI is embedded in Article 19
  • 1986 - Mr Kulwal versus Jaipur Municipal Corporation
  • 2002 - ADR Versus Union of India - In order to exercise the right to vote the citizens should have the right to information
  • 2002 - Freedom of Information Act, 2002
  • 2005 - Right to Information Act; and this is how RTI evolved in India
Right to information
  • Any material in any form such as records, documents, memos, emails, etc which is under the control of any public authority
  • Anybody or organisation established by the constitution of India, legislature, notification of government, any other body which is owned or controlled or substantially funded by government
  • Central Information Commissioner (CIC):
  • It is made up of One Central Information Commissioner and 10 information Commissioners
  • It is appointed by a committee consisting of PM, Leader of Opposition in Lok Sabha, plus one cabinet minister
  • The term is 5 years or 65 years and removal is by the enquiry of the Supreme Court
  • Every public authority have a Public Information Officer (PIO)
  • The information should be given within 30 days after filing the application
  • In certain cases, information has to be given within 48 hours
Issues in RTI
  • Official Secrets Act, 1923 - Which governs the matter of secrecy and confidentiality in governance
  • However, secrets are not defined in the act and public servant enjoys the discretion to classify anything
  • Section 8(2) of RTI exempts the official secrets act, 1923
  • Civil Services Conduct Rules, 1964 prohibits the communication of an official document to anyone without authorisation
  • Armed forces and security agencies are exempted from the ambit of RTI
  • Poor working of commission in implementation and also with respect to cases pending in court
Recent Changes/Amendments
  • RTI (Amendment) Act, 2014 - No fixed term and would be decided by the central government
  • Salary and service conditions would be decided by the central government only
  • Also, the issue of Cheif Justice of India under RTI, etc
  • Recommendations of 2nd ARC:
  • Official Secrest Act of 1923 should be repealed and substituted by a chapter in National Security Act (NSA), 1980
  • Bring armed forces under the ambit of RTI
  • At least one-day training to all government employees
  • Suo-moto disclosure of government departments
  • Whistleblowing - Disclsuing information by an employee or any concerned stakeholder about illegal or unethical conduct within an organisation
  • Protection to whistleblower Act, 2014 make following provisions:
  • Anyone may make disclosure
  • The complaint shall include the identity of the whistleblower ie No anonymous disclosure
  • Nobody should reveal the identity of the complainant and if revealed, he or she can be punished
  • Penalties for false complaint, etc
Citizen-Centric Administration
  • It provides an environment in which all citizens irrespective of class, caste and gender to their full potential
  • It is based on "putting the citizen at the centre of services"
  • In order to achieve citizen-centric administration, the governance shall follow the following four pillars of good governance:
  • 1. Ethos - it means character to provide service to citizens
  • 2. Ethics - honesty, integrity and transparency
  • 3. Equity - treating alike with empathy for weaker sections
  • 4. Efficiency - speedy and effective delivery of service without harassment
Citizen Charter
  • It is a document that outlines the commitment of a public body towards standard, quality and time frame of service delivery along with Grievance Redressal mechanism
  • Evolution:
  • The first idea was initiated in 1991, the United Kingdom by John Major
  • It was based on 6 principles ie quality, choice, the standard of services, value for taxpayers money, accountability of individuals and organisations and transparency of rules and procedures
  • Importance of Citizen Charter:
  • Increases transparency and accountability
  • Effective engagement of civil society and citizen participation
  • It makes the govt more responsive and enhances its credibility and trust It ensures that the service is demand-driven rather than supply-driven
  • It helps in curbing corruption by giving information
Citizen Charter in India
It is not legally binding and DARPG acts as a nodal and provides guidelines for formation and operationalisation
Components
  • It should contain the vision and mission statements of the particular department
  • Details of the business and various services provided by the department
  • Details of citizens ie who are eligible and apply for the particular service
  • Statement of standard, quality and timeframe
  • Grievance redressal mechanism and provision of compensation in case of failure and expectation from citizens
Issues Associated
  • Absence of legal backing and is not legally binding
  • Lack of consultation with citizens and NGOs during the framing of citizen character
  • Poor design and content
  • Absence of vernacular language
  • Participation of weaker section like disabled, etc
  • No details of grievance redressal mechanism and lack of periodic review
  • Lack of public awareness, etc
2nd ARC Recommendations
  • One size does not fit all and seperate citizen charter for each department
  • Head office to provide only brad guidelines
  • Wider consultation and include civil society
  • The charter should be precise and firm commitment should be made
  • Also, empower the internal procedure to meet the commitments
  • Periodic review mechanism and end-user feedback, etc
Sevottam Model
  • Sevottam refers to excellence in Service Delivery.
  • Sevottam model was suggested by the 2nd ARC in its 12th Report (Citizen Centric Administration).
  • The objective of the model is to improve the quality of public service delivery in the country.
  • It includes the following three modules -
  • Citizens Charter
  • Service Delivery Capabilities
  • Public Grievance Redress Mechanism
  • Where the organization is clearly managing the key ingredients for good service delivery and building its capacity to improve service delivery.
  • An organization that complies with three modules will be awarded BIS certification.
  • Timebound delivery of Services & Grievance Redress bill, 2011 - Not passed.
Social Audit
  • It is a process in which details of resources used by a public agency for development initiatives are shared with people through a public platform which allows end-users to scrutinize the impact of development programs.
  • It is an instrument for measuring social accountability.
  • Examples - MGNREGA where social audit is compulsory all over India for every 6 months. Also PM Aavas Yojana and Mid-day meal scheme in a few states.
Significance
  • It helps the policymakers to understand the needs of stakeholders.
  • Through the social audit, we can target the beneficiaries more effectively.
  • To identify the problem areas and challenges in the implementation of the scheme.
  • Makes the govt more responsive.
  • Increases accountability and checks corruption.
  • Increases the confidence and trust of the people in the govt.
  • It provides for participatory governance.
Limitations
  • No legal backing.
  • Not uniform throughout India.
  • It is informal and unprocessed.
  • It is sporadic and ad-hoc in nature.
  • It is difficult to judge the degree of dissatisfaction.
  • It may not be conclusive always.
  • The outcome of the social audit is localized and covers only certain selected areas.
  • Lack of trained auditors and lack of technical knowledge.
  • Way forward
  • The social audit should be a continuous process as a concept of empowering stakeholders.
  • The mechanism of social audit can be strengthened by education and awareness of Gram Sabha members and involvement of civil society
E-Governance
  • The 11th report of the 2nd ARC is on E-Governance.
  • E-Governance is associated with carrying out the functions and achieving the result of governance through the utilization of ICT.
  • As per UNESCO, it may be understood as the performance of governance via the electronic medium in order to facilitate an efficient, speedy, and transparent process of disseminating information to the public and other agencies and for performing government-administrative activities.
Why E-Governance
  • It reduces the cost and time required for the delivery of services.
  • It expands the reach of governance.
  • It empowers the people with information - information dissemination.
  • It reduces the information asymmetry between the consumers and service providers.It increases the Ease of doing business.It increases transparency and accountability and reduces corruption.
E-Governance in India
  • 1970 - Dept of electronics was created.
  • 1977 - National Informatics Center (NIC) was established.
  • 1987 - DISNIC (District Information System of NIC)
  • 1999 - Ministry of IT was created.
  • 2006 - National E-Governance Plan (NeGP) was formulated by Deity in collaboration with DARPG. NeGP includes 27 Mission Mode Projects.
  • 2010 - Digital India Mission
  • Digital India aims at transforming the country into a digitally empowered society and knowledge economy.
  • It contains three core components -
  • Development of secure and stable digital infrastructure
  • Delivering govt services digitally
  • Universal digital literacy.
  • Mission E-Kranti or NeGP 2.0 redefines NeGP to bring about transformational and outcome-oriented e-governance initiatives and to promote optimum usage of core ICT.
Models of E-Governance
  • G-C (Interaction between Govt and Citizen)
  • It can be used by govt to provide services to citizens or to provide feedback from citizens to govt. I.e. tax-payment website, Digilocker, UMANG app, Bhoomi Project in Karnataka, etc.
  • G-G (interaction between different govt departments)
  • Example - Khajane initiative of Karnataka govt
  • G-E (interaction between govt and employees)
  • Example - for attendance, salary distribution, e-HRMS, etc.
  • G-B (interaction between Govt and Business)
  • Example - GST registration portal, SWIFT (Single window interface for trade), etc.
Challenges
Social & Environmental
  • Digital divide
  • Digital literacy
  • Resistance to change
  • Use of local languages
Economical
  • The cost of creating and maintaining infrastructure
  • Cost of training employees
Technological
  • Interoperability
  • Issue of privacy
  • Cyber security
  • User-friendliness
Recommendations (2nd ARC)
  • Business process re-engineering
  • Capacity building of organizations with infrastructure development and training
  • Technological development - National Enterprise Architecture.
  • Use of PPP.
  • Protecting critical information infrastructure (CII).
  • Building a congenial environment with a political will to implement e-governance, creating awareness in public, and incentivizing e-governance.
Evolution of Civil Services in India
  • The first reference with respect to civil services in India goes back to Artharahstra by Kautilya/Chanakya
  • The procedure of selection and promotion in civil services was mentioned
  • Mughal and Vijaynagara Empire also had some sort of civil services
  • In modern times, the British led by Warren Hastings set up the office of the collector in 1772
  • This office was set up to collect revenue and hence the name as a collector
  • Lord Cornwallis - known as the father of civil services in India
  • He separated the judiciary function from revenue administration
  • He formulated the code of conduct for civil services
  • For the first time, the Charter Act of 1833 tried to bring major reforms in the Indian Administration
  • Charter Act of 1853 - Finally started the competitive method for selection of bureaucracy for non-covenant service
  • 1854 - Civil Services Commission under Lord Macaulay; age limit of 18-23 years with the exam being conducted in London
  • In 1864, Satyendranath Tagore became the first Indian to clear the examination
  • 1911 - Creation of Imperial Civil Services (ICS) as a separate service
  • 1919 - Government of India Act which made a clear distinction between All India Services and Central Services
  • 1926 - Public Service Commission (PSC) was set up after accepting the suggestion of the Lee Commission
  • PSC was changed into FPSC ie Federal Public Service Commission and PPSC ie Provincial Public Service Commission
  • Government of India Act of 1935 - Federal Public service Commission (FPSC) and Provincial Public Services Commission (PPSC)
  • During the partition, the civil service was partitioned into two groups
  • 1950 - FPSC was renamed as UPSC by reforming and renaming the earlier Commission, etc
Present Status of Civil Services in India
  • Government - executive, legislative and judiciary
  • Executive - permanent and temporary (Council of ministers)
  • Permanent executives work for both the central and state governments
  • Centre has the Central Services and All India Services
  • Central Services has A, B, C and D; All India Services are Group A Services
  • All services are conducted by State Public Service Commission and have Group A, B, C and D
  • The constitution Provisions for civil Services - Article 309 to 322
  • Article 311 (provisions of removal, etc) and 312 (Creation of All India Services)
Role of Civil Servants in Governance in India
  • Policy Formulation - By advising the ministers in policy formulation and providing them with the necessary information
  • Policy Implementation - Civil servants are responsible for the implementation of policies and laws of the government
  • The civil servants form the basis of government and the basis of administration
  • Basis of Government and administration - Civil Servants form the administrative machinery of the country and they run day-to-day affairs
  • They are responsible for providing various services of the government to people such as health, education, transportation, etc
  • Administrative adjudication - It involves quasi-judicial functions such as settling disputes between states and centre
  • Management of resources - It involves the management of land, water, forest, wetlands, etc
  • They are also responsible for mobilisation and management of financial resources and human resource
  • Providing Continuity - When the governments change due to an election, the civil servants continue their duty and form the backbone of administration
  • Ramsay Muir - "Government may come and go, ministers may rise and fall, the administration a company goes on forever"
  • Crisis Management - It involves Natural Disaster Management which involves the responsibilities of prevention, mitigation, rehabilitation and rescue
Bureaucracy and Democracy
Bureaucracy
  • India inherited the Weberian model of bureaucracy from British with the following characteristics:
  • Selection based on technical qualifications through a merit-based process
  • Organised and clearly defined hierarchy
  • A career with a system of promotion based on seniority
  • Fixed Remuneration
  • Adhering to a rigid rule
Democracy
  • Election - The government elected by the people
  • Distribution of power - Decentralisation and power should not be in the hands of few
  • Freedom of opinion ie expression and speech
  • To make the government responsive ie it should reply as per the need and address accordingly
Democracy and Bureaucracy are in conflict with each other
  • Rigid organisational structure increase red tape and reduces people friendliness
  • Centralisation of powers in bureaucracy whereas in a democracy it talks of decentralisation of powers
  • A bureaucracy requires the system to be consistent and regularity limits the capacity of the system to adapt to changes
  • Elitist outlook of bureaucracy will make them work away from the people
  • System of election versus selection, etc
  • Democracy and bureaucracy are complementary with each other:
  • Bureaucracy can work as the communication channel between the rules and the ruled ie people and the government
  • When the bureaucracy is efficient the delivery of services is assured for the people ie we need efficient bureaucracy
  • The characteristic of predictability and impartiality of bureaucracy ensures equality and rule of law
  • The socio-economic goals of the country set by the democracy are fulfilled by the bureaucracy
Civil Services Neutrality
Introduction
  • To function in a neutral way irrespective of the political party in power
  • It means a lack of political affiliation by civil servants
Benefits
  • It ensures a stable and continuous administration
  • To function efficiently
  • To function without fear and bias
  • To serve all the people/sections eve those who did not vote for the party in power, etc
Role of Civil Services in Post Liberalisation Era
  • The LPG reforms after 1991, ended the License Permit Raj and ushered in the era of deregulation and economic liberalization
  • In this context, the civil servants should act as facilitators, coordinators, and catalyzers of change in order to :
  • 1. Facilitate the progressive integration with the global economy
  • 2. Ensure a well functioning market and allow a more efficient private sector
  • 3. To provide opportunities for new business and reduce the hurdles in a market and provide for ease of doing business
  • 4. To facilitate the decentralization of power through local self-government as per the 73rd and 74th Amendment Acts
  • To support and accommodate the Civil Society and make them the partners in development
All India Services (AIS)
  • As per Article 312, a new All India services can be created by passing a resolution in Rajya Sabha if supported by not less than 2/3rd members and voting
  • 3 AIS currently - IAS, IPS, IFS
  • AIS are rendered at the national level with officers for these services being hired by the central government by Central Government
  • However, they work for state governments with state govt controlling their transfer and postings
  • The All India Services Act, 1951 empowers the Union Govt in consultation with state govts to make rules for the regulation of AIS
Need
  • To promote unity and solidarity of Country
  • To stay in touch with ground reality for central governments
  • Facilitative co-operation between center and state
  • To give independent advice to state ministers
  • To reduce the regional influences in administration matters
Issues with All India Services
Relevance
  • After, 70 years of independence and the necessity of promoting unity and integrity
  • AIS is against federalism
  • The issue of law and order should be dealt with at the local level by the state government itself
  • However, most of the key positions in state police are held by members of IPS
  • AIS may create the authority-responsibility gap as AIS work for the state govt but they are held accountable and under the disciplinary control of central govt
Cadre Allocation Policy of All India Services
  • Cadre means a small group of trained people who form the basic unit of the military, political, or business organization.
  • In All India Services, the candidates once selected are assigned cadres based on their preferences, merit, and availability
  • The cadre system of AIS is a deliberate feature to promote quality, impartiality, and integrity
Issues
  • It diminishes All India Character and limits the officers concerned to local issues
  • Collusion with local politicians for preferred postings
  • Permanency of cadre result in inefficiency and ineffectiveness
  • The large variation in size of cadres makes some of them preferred and some of them not
  • The cadre-based approach opposes the lateral entry of persons with specialized knowledge
New Cadre Policy 2017
  • All cadres are divided into 5 different zones and within the zones, the different states are clubbed
  • Allocation is based on ranks, etc to be referred from the material
Issues related to civil service in India
  • Corruption and corrupt practices due to lack of transparency
  • The culture of secrecy
  • The political interference through transfers and promotion
  • Lack of dynamism
  • Over centralization
  • The colonial attitude ie elitism
  • The debate between generalists and specialists
Reforms required in Civil Services as suggested by 2nd ARC
Entry
  • Age and attempts at entry stage - 21-25 for general; 21-28 for OBC; 21-29 for SC/ST with number of attempts 3, 5, and 6 respectively
  • National Institute of Public Administration (NIPA) to train the aspirants in a specialized center
  • The examination pattern is to make it two stages ie combined (prelims and mains); followed by an interview or prelims, and mains and interview together
  • 2nd ARC has recommended the removal of optional subject
Accountability
  • All new appointments should be done for a period of 20 years
  • A system of two intensive reviews first on completion of 14 years and second on 20 years intimating the officers' strengths and shortcomings
  • The second review at 20 years would access the fitness of officers for further continuation
Performance
  • Making the appraisal more consultative and transparent
  • Performance appraisal should be all throughout the year
  • A comprehensive management system with new numerical ratings
  • Merit-based promotions and differential reward for differential performance
Second ARC recommendations for specialised knowledge in administration
  • Twelve domains are identified where specialized knowledge is vital.
  • They include- security, education, urban development, rural development, etc.
  • For those domains, whoever is getting appointed at higher levels (above secretary level) should have domain competence, and after completion of 13 years of experience in that field.
  • The positions shall be made open to officers of all the All India Services and Central Services, and not only to IAS.
  • Recommended constitution of a statutory Central Civil Services Authority for postings after judging if the civil servants have domain expertise or required competence for the domains.
Second ARC recommendations for the disciplinary regime
  • It has proposed a statutory Civil Services law with minimum disciplinary procedures, leaving the details to be followed by respective departments.
  • All the oral inquiry processes should be converted into disciplinary meetings or interviews.
  • CVC should be consulted finally after the completion of disciplinary procedures, and consultation with UPSC shall be made mandatory only in the cases leading to the dismissal of the civil servant.
Second ARC recommendations for politicisation of civil services
  • A well-defined procedure for recruitment in all government posts.
  • Wide publicity and open competition for recruitment to all government posts.
  • Minimization of discretion in the recruitment process.
  • Minimum weightage to interview.
Supreme Court recommendations in TSR Subramanian Case
  • Officers of All India Services (IAS, IPS, IFoS) must have a fixed minimum tenure.
  • Civil servants are not bound to follow oral directives, i.e. they will work only on the basis of written communication.
  • Establishment of Civil Services Board at the central and state level to recommend transfers and postings of All India Services officers. The recommendations of the Civil Services boards can be over-ruled by the political executive only on recorded reasons.
  • Group B officers to be transferred by Heads of Department.
Lateral Entry
Introduction
  • Lateral Entry into civil services refers to the induction of candidates into bureaucracy at higher levels of organized services by bypassing the regular mode of recruitment.
  • Lateral Entry officers are outside the regular organized services.
  • Organized services follow a regular mode of recruitment with standard rules, and are flipped into different cadres.
ARGUMENTS TO SUPPORT LATERAL ENTRY
  • Need of expertise knowledge in the post-globalization world demands services of domain experts which might not work originally with government apparatus.
  • To induce competition into an established bureaucracy.
  • Bringing more professionalism from the private sector can facilitate better Public-Private partnerships.
  • To widen the talent pool for the government.
  • To fill the vacancies.
ARGUMENTS AGAINST LATERAL ENTRY
  • It may demotivate the existing Civil Servants as their career progression prospects might get hampered.
  • It may increase the politicization of Civil Services as there can be favouritism in appointments.
  • The recruits might face a lack of field experience and lack of experience in handling subordinates in organized service.
  • The new recruits might have lesser accountability than officers who were selected by a widely accepted procedure and have spent considerable time in the services.
  • The new recruits might face difficulty in adjusting to the present bureaucratic structure.
  • The procedure must be transparent and objective, so as to lend the same credibility as UPSC-selected candidates.
WAY FORWARD
  • Should be restricted on a contract basis in a transparent manner.
  • We must also develop domain expertise within the organized services.
  • 2nd ARC recommended an institutionalized and transparent process of lateral entry at both central and state levels.
Mission Karmyogi
  • It was launched in 2017, with the objective of civil services capacity building.
  • It had a budget of 510 crores, and it was supposed to run from 2021- 2022 to 2025- 2026.
6 Pillars of Mission Karmayogi
  • Policy framework.
  • Institutional framework- Under this, a public HR council and a Capacity Building Commission have been announced.
  • Competency framework.
  • Digital learning- Under this, we have the iGOT (Integrated Government Online Training) Karmayogi dashboard.
  • Evaluation in Human Resources Management Services.
Development
  • Development is about bringing social changes that allow people to achieve their human potential.
  • As per  the challenge of development is to increase the quality of life which includes income level, better education, health, clean environment.
      • International Bank for Reconstruction and Development (IBRD)’s World Development Report,
Aspects of development
  • EconomicalInvolves both qualitative and quantitative changes i.e. reduction of poverty, reduction of inequality, etc.
  • SocialInvolves reducing the social inequalities such as caste discrimination, untouchability, patriarchy, etc.
  • PoliticalIt involves the removal of various types of unfreedoms that leave people with little choice and little opportunity of exercising their reason agency.
  • The Human Development Capability approach given by Amartya Sen and Mahbub ul Haq tries to encompass all the development aspects for Human Development Index computation.
Development & Government Policy
  • State-led development model to development.
  • Top-down approach.
  • Neo-liberal paradigm - It supports a minimum role of government with a reduced public sector. It ensures macroeconomic stability, trade liberalization, and privatization. The role of government is crucial in building the capacity of vulnerable sections.
Sustainable Development
  • Any development which caters to the needs of not only the present generations but also of the future generations.
Participatory Development
  • Process-based on people’s participation and empowerment.
  • Civil Society, SHGs are very good mediums for participatory development.
The Rights-Based Approach of Development
  • It involves citizens demanding services and development as a right from the government.
  • It is an obligation of the government to provide services to the citizens
 
Stages of Public policy
  • Agenda setting.
  • Policy formulation.
  • Policy adoption.
  • Policy evaluation.
  • Policy Implementation.
Policy Formulations
  • The proposed course of action of a government within a given environment provides opportunities and obstacles which the policy aims to utilise and overcome to realise a given role.
Characteristics of a good public policy
  • A good policy should involve a wide consultation.
  • It should set specific goals/ targets to be achieved without which the policy becomes ineffective.
  • To implement these targets it should lay down the broader guidelines.
  • A policy should be comprehensive, it should not be too narrow.
  • It should be dynamic or futuristic.
Public Policy in India
  • India follows a state-led development approach, 1950-1990.
  • Overall the entire planning was done by the planning commission.
Problems of policy making during planning commission
  • The main issue here was centralisation.
  • Less incentive to the private sector.
  • Absence of feedback mechanism
  • The policies were politically motivated.
  • Fragmentation.
Terms
  • Single level planning Plans made at a central or national level is called single-level planning.
  • Multi-level planning It is the utilisation of a number of well-defined area levels performing well-understood functions not only at the implementation but also during planning.
  • Identification of levels at which the planning functions are assigned under respective areas of responsibilities.
  • Planning at a multi-level has to be integrated i.e., the objective as well as the challenge of multi-level planning.
  • Multi-level planning will gradually lead to decentralised planning.
  • Decentralised planning - A planning where the task of formulating, adapting, executing and supervising the plan is dispersed rather than entrusted to a central authority.
  • Local bodies are given greater freedom in planning.
Civil Society
  • Civil society refers to a wide array of organisations, community groups, NGOs, labour unions, indigenous groups, charitable organisations, faith-based organisations, professional associations and foundations.
  • It is the third sector of the Governance
  • When mobilised civil society has the power to influence the state as well as the market.
Evolution of Civil societies in India
  • Society's registration act of 1860 was passed.
  • Socio-religious reform movements happened.
  • Then, it took the form of political organisations. For example, the Indian national congress.
  • Gandhian form of civil societies came, organisations started by Gandhiji and his disciples.
  • By then these were not into economic activities.
  • After 1947, the majority of these organisations started to get involved in economic spheres. For example, Amul.
  • Their number increased rapidly by 1990 and they were given more role in development.
Types of Civil Societies
  • Civil rights advocacy groups - major agenda is to protect human rights by targeting specific groups.
  • Civil liberty organisations - It focuses on the rights of all the citizens.
  • Citizen groups.
  • Framer welfare organisations.
  • Non- government organisation.
  • Self-help groups.
  • Co-operatives.
  • Labour unions.
  • Residential welfare associations.
Non-Governmental Organisations
  • A civil society when organized in structure and specialized in function takes the form of NGOs.
  • Characteristics of NGOs-
  • It should be a group of people.
  • They work in social development.
  • Not political organizations.
  • Not-for-profit organizations.
  • Self-governing.
  • There are nearly 35-40 lakhs NGOs in India.
Types of NGOs
  • Developmental NDOs.
  • Research NGOs.
  • Activist NGOs.
Roles of NGOs in Governance
  • Work in those areas where the government is absent like interior tribal areas, Naxal affected regions.
  • Where government resources are not sufficient. For example, health, education, etc.
  • Fighting social evils.
  • Activism - creating awareness.
  • Welafre.
  • Rehabilotation.
  • Environmental protection - research, activism (to make people aware), etc., Coordination and conduction of international summits, conservation.
  • Examples of NGOs in environmental protection - green peace, World wide fund for nature, birdlife international, Bombay natural history society, The energy research institute (TERI), etc.
Issues
  • Lack of funding.
  • Misuse of funding.
  • Human resource - lack of human resources, unskilled human resource, informal set-up.
  • Lack of professionalism.
  • Lack of parity between urban and rural areas.
  • NGOs are not distributed equally in all regions.
  • Lack of accountability.
  • Lack of internal democracy.
Suggestions
  • Bring professionalism to the functioning of India.
  • Stop taking NGOs as charity work.
  • Government should liberalize the funding and strict regulations wherever possible.
  • There should be transparency and accountability on NGOs part also.
  • NGOs should be regulated.
  • Introduction of Technology.
Self Help Groups
  • SHG is defined as a self-governed, peer-controlled information group of people with similar socio-economic backgrounds and having a desire to collectively perform a common purpose.
Objectives
  • It helps in financial mobilization through developing a common fund.
  • Helps in bringing financial literacy.
  • Build social capital.
  • Helps in women empowerment.
  • Helps in taking decision-making roles in family and society.
  • Examples, MYRADA (Mysore resettlement and development agency).
  • RBI in 1992 started a pilot project under NABARD, SHG-Bank linkage programme, after seeing the success of MYRADA.
  • Now SHG-bank linkage scheme is being formalized now.
  • 1996 this project was extended to all over India and it is now open to everyone.
  • Nearly 80 lakh SHG sin India.
  • Kerala's Kudumbshree is very famous, one of the oldest and largest NGOs.
Challenges
  • Area of activity - most of them are involved in agricultural activities only.
  • They have less access to the market.
  • Not much aware of the technology.
  • Lack of skill development.
  • Political interference - use groups as vote banks.
  • Funding issues - restrictions and regulations, the discretion of local banks to give loans or not.
  • SHGs do not pay back loans.
  • Socio-cultural challenges like poverty, after marriages women move out, migration,
Suggestions
  • Need to diversify.
  • Better access to the market.
  • Better technological support from the government.
  • Skill development needs to be done.
  • Should only be used as a source of economic development and empowerment.
  • A proper monitoring mechanism.
Foreign contribution regulation act (FCRA)
  • First brought in 2010
  • Any organization which wants foreign funding will have to register itself.
  • Political parties, electronic media are abreed from getting foreign funding.
  • The funds shall be used for specific purposes only.
  • Not following guidelines may lead to cancelling of registration.
  • The political parties were allowed to receive foreign funding in 2015.
  • The most recent amendments were brought in the year 2020.
  • In 2020, it added that public servants cannot take any foreign contributions.
  • Money received from foreign contributions, this money cannot be transferred.
  • AADHAR was made mandatory for office members.
  • Foreign fundings can be taken only in SBI branches in Delhi only.
  • No other funding should come in this foreign funding account.
  • Violation will lead to the cancellation of the license.
  • Only 20% of foreign funding can be claimed as administrative expenses which were 50% earlier.
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