Friday, September 14, 2012

Plans and Priorities: Machinery of planning; Role, composition and functions of the Planning Commission and the National Development Council; ‘Indicative’ planning; Process of plan formulation at Union and State levels; Constitutional Amendments (1992) and decentralized planning for economic development and social justice.


Before proceeding directly to the Planning Machinery and processes of India, it is necessary to understand and get a clear idea of the concept of Planning in India and also the role of Priorities in those Plans. So, let's begin.

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PLANS AND PRIORITIES:
Planning was a topic of interest and debate pre dating Independence. In 1940,the Indian National Congress advocated and set up the National Planning Committee in order to prepare comprehensive plans of reconstruction of undivided India. Independent India adopted planning in the 1950's as its development vehicle.

 Planning is a preparation for action and conscious effort to achieve desired ends.A Plan is a long term goal & plans precede as well as succeed policy. To explain this in detail,lets take the example of the Directive Principles Of State Policy(DPSP) (which are enshrined in Part IV,article 36 to 50 of the Indian Constitution)and its relation with Planning and Policy making in India.

DPSP as stated by the Indian Constitution is fundamental in the governance of the country and it shall be the duty of the State ( for the original as well as contemporary definition of State under Article 12 of the Indian Constitution,please refer http://www.legalserviceindia.com/article/l271-Article-12.html) to apply these principles while making laws. Article 38 and 39 (a),(b) & (c) of the DPSP's in the Indian Constitution are cited in the resolution of 15th March 1950 by which the Planning Commission was setup. It is worth noting that it has been stated by distinguished jurists,economists as well as theorists that the DPSPs can never go out of relevance as it is relevant to all times and is an everlasting set of guidelines for formulating State policies. To go through the DPSPs , please refer - http://en.wikisource.org/wiki/Constitution_of_India/Part_IV

So,coming back to the relationship between a Plan and a Policy,one should note that the DPSP is the generalised plan of the Constitution founders that details the vision of future India. And, policies(definitive framework given to the generalised plan) are to be made by the State on the lines of this Plan/Principles with help of the Planning Commission. And the Planning Commission also makes a final Plan of implementation of that Policy which is then executed by the executive wing of the Govt. Of India (Centre and states).

Lets understand the definition of Policy - Public  Policy can be described as the overall framework within which the actions of the government are undertaken to achieve its goals. It is a purposive and consistent course of action devised in response to a perceived problem of a constituency, formulated by a specific political process, and adopted, implemented, and enforced by a public agency. For more details on Public Policy,refer -http://publicadministrationtheone.blogspot.in/2012/08/public-policy-models-of-policy-making_27.html

Now,since we have understood the Plan(generalised)- Policy(establishment of overall definite framework to achieve the generalised plan)- Plan(Implementation) relationship and working,let us move on to understood the term Priority in the working of Plans.

Within a Plan(after a Policy is formulated) that is devised with objectives to be achieved and the actions/initiatives/means to be used for achieving the same through Programmes and schemes of the govt.,there is always a conflict between one objective and the other,therefore it is necessary to proceed in terms of priorities between these objectives, as first things must come first. Programmes based on well reasoned priorities are invaluable in developing countries as they cannot afford to waste time,people or material. Stages of a implementation plan, on the basis of priority are decided to propose the allocation of resources for the due completion of each stage.Planning Commission concerns itself with the building of a long-term strategic vision of the future and decide on priorities of nation.

Examples of priorities in Plans - The reason for giving priority to agriculture and increased wheat production in the first & third five year plan was for a larger goal,and that was of Industrial development which was very important for a modern world development and large scale employment opportunities. But, in order to provide raw materials for Industrial development,it was first necessary to make the people of the country sufficient in field of food production and also produce surplus which could then be provided for Industrial development. One can see that Industrial development then began and rose in later plans after these efforts.
The Third Five Year Plan of India stressed on agriculture and improvement in production of wheat,however, the Sino-Indian war of 1962 exposed the weak economy and thus focus shifted on priority basis to the Defence sector to meet with this exigency. Then again,the Indo-Pak war in 1965-66 caused severe drought situation and also inflation,thus shifting the priority of the Plan to price stabilisation.

These are just a few,there are many more examples like these in every Five Year Plan of India. FOr gist of all Five Year Plans refer http://en.wikipedia.org/wiki/Five-Year_plans_of_India  &  for the recent one,that is the 12th Five Year Plan, refer http://12thplan.gov.in/ .

Thus,the overall underlying goal of every Plan is to mobilise resources of a country for increasing capital formation for increased public expenditure in order to fund rapid development. However, certain objectives in the implementation plan are given priority keeping in mind the immediate situation as well as the resources and funds available at that point in time.







PLANNING - IMPORTANCE:
Planning as an activity is based upon the application of various mathematical forecasting tools using which projections of future with some certainty may be possible. Planning helps in providing/identifying various stages of development which may essentially evolve in the attainment of some development goal.

Planning as an activity in regard to nations is seen of utmost significance as through it only nations plan for socio economic reconstruction and for strategic employment of resources for better attainment of objectives in the future.

Planning helps nations to recover from the acute problem of underdevelopment and also helps them to institute such structures and processes through which goals of future may become more achievable. Planning on one count has to address the short term goals and on the other has to prepare the foundation and mechanism for the reasons/factors for retarded/slow/lop-sided growth of the nation.
Planning helps nations identify disablements emerging in various sectors and helps in establishing the strategic means through which these disablements could be addressed.

Three dominant traits of Indian planning may be noted her:
i) It is highly centralised,
ii) It is bureaucratic,
iii) It builds upon its preceding plans.








MACHINERY OF PLANNING:
The National Planning Commission at the National level is the main planning agency.
Below the national level are a number of state planning board/planning departments.
Below the state level are the District planning committees have come up in a number of states formulating district level plans.

All are integrated. Though the state and District level planning machineries are not that strong but nevertheless have helped in spreading the consciousness of planning at the grass root levels.
Besides the above,some other agencies are also involved in the planning process. A few to mention are the IIFT(Indian Instt of Foreign Trade) for studying problems in increasing exports and reducing imports,DRDA(District Rural Development Agency) to look after the development activities at district level,etc.







PLANNING COMMISSION - ROLE, COMPOSITION AND FUNCTIONS:
The Planning Commission was set up through a resolution of the government of India in 1950 in consequence to the Economic Programme Committee ,1948 recommended it in its report.
Post Independence it was realised that the provisions of the preamble,fundamental rights and DPSP could only be achieved through a planned effort.

The planning commission plays a Integrative role as it integrates and directs the govt. of India to move in Plan direction. It also plays a co-ordinating role between the Centre and the State. It also plays a Mediating and Facilitating role as it divides and allocates resources to State and Centre for Plan implementation. It plays a pivotal role in change and updating of Systems to be efficient in carrying out Planning. And last but not the least, it Plays the role of an Information disseminator as it regularly provides best practices in the field to the central and state governments in carrying out Plan Implementation.

The Planning Commission is a permanent,autonomous,advisory and expert body. The Prime Minister is its Chairman and the Finance Minister,Minister of Agriculture,Minister Of Energy,Minister Of Industry,Minister of HRD,Minister of Law and Justice and Water resources,Minister of Environment and forests,Minister of State of Planning are its Minister members. The other six full-time members are experts of various fields like Economics, Industry, Science and General Administration.

The Deputy Chairman of the Planning Commission who is generally a distinguished academician/economist/civil servant or a politician is given equal status and rank of a Cabinet Minister. The Planning Commission is also called the super cabinet at times due to this very same reason.

The main objective of the Planning Commission is not executive responsibility but to assess the resources and need of the economy and then to formulate the developmental plans in consultation with ministries of govt. of India and the state govts. It also has the responsibility of suggesting priorities of development plans. In recent times it has also gathered itself to certain administrative matters and functions of a purely executive nature as well.

The National Development gives the final approval to the plans and execution of the plan lies with the Union and state governments.

The functions of the Planning Commission are:
  1. To make an assessment of the material, capital and human resources of the country, including technical personnel, and investigate the possibilities of augmenting those resources which are found to be deficient in relation to the nation's requirement.
  2. To formulate a plan for the most effective and balanced utilisation of country's resources.
  3. To define the stages, on the basis of priority, in which the plan should be carried out and propose the allocation of resources for the due completion of each stage.
  4. To indicate the factors that tend to retard economic development.
  5. To determine the conditions which need to be established for the successful execution of the plan within the incumbent socio-political situation of the country.
  6. To determine the nature of the machinery required for securing the successful implementation of each stage of the plan in all its aspects.
  7. To appraise from time to time the progress achieved in the execution of each stage of the plan and also recommend the adjustments of policy and measures which are deemed important vis-a-vis a successful implementation of the plan.
  8. To make necessary recommendations from time to time regarding those things which are deemed necessary for facilitating the execution of these functions. Such recommendations can be related to the prevailing economic conditions, current policies, measures or development programmes. They can even be given out in response to some specific problems referred to the commission by the central or the state governments.
The Planning Commission functions through several divisions and sections,each headed by a senior officer,usually designated as Advisor or Chief or Consultant or Joint Secy or Joint Advisor. The full time members assume day to day responsibility of these divisions and sections and tenders advice jointly on all important matters.

The Internal Structure of the Planning Commission consists of :
i) General Administrative branches -  Responsible for house keeping functions.
ii) General Divisions - Responsible for providing an integrated approach paper in regards to certain areas of economy.
iii) Specialised Subject Division - Responsible for preparing a detailed analysis in regards to the specific area for which they exist.

Programme advisors(senior cadres of IAS) assuming the status of Addtl Secy or Spl secy of GOI in the Planning Commission help in establishing a link between the Planning Commission and the state governments.

The Programme Evaluation Organisation keeps close touch with agencies involved in the process of implementation at the central and state level to see if the objectives of the Plan are being achieved as specified or not and aiding and advising them on technicalities as well as imparting training to the personnel.








 NATIONAL DEVELOPMENT COUNCIL - ROLE, COMPOSITION AND FUNCTIONS:
 The National Development Council was established in 1952 through a resolution of the Cabinet/Govt. Of India on the recommendations of the Planning Commission in its first five year plan.  The NDC is seen as the prime body for approving plans formulated by the Planning Commission. It was established with the objective of attaining cooperation as well as avoiding conflicts from the side of the state govt as well as incorporating their views and needs in order to gain equality.

NDC comprises of all Chief Ministers as its members with the Prime Minister as the head of the NDC. It also consists of all Union Cabinet Ministers and administrators/Chief Ministers of union Territories.

Secy to the Planning Commission acts as a Member Secy to the NDC. 

 Objectives of NDC:
 1.to strengthen and mobilize the effort and resources of the nation in support of the Plan
 2.to promote common economic policies in all vital spheres and
 3.to ensure the balanced and rapid development of all parts of the country.

Functions of NDC:
 1.to prescribe guidelines for the formulation of the National Plan, including the assessment of resources for the Plan;
 2.to consider the National Plan as formulated by the Planning Commission;
 3.to consider important questions of social and economic policy affecting national development; and
 4.to review the working of the Plan from time to time and to recommend such measures as are necessary for achieving the aims and targets set out in the National Plan.
5. To make an assessment of resources required for implementing the plan and to suggest measures to augment them.
6. To ensure balanced and rapid development in all parts of the country.

Issues with the NDC are that there are irregular meetings held. And the meeting are mostly taken up in discussing and avenging political grievances. Central govt. not accepting of any change/modification by state govt.s to the national plans. The State govts have only one representative that is the Chief Minister and the Planning Commission is represented by the Pm as well as quite a handful of Ministers along with technical experts that the states do not have there at that time. Therefore,there is a need for revitalising the NDCC process.









DISADVANTAGES AND ISSUES WITH CENTRALISED PLANNING:
It is non flexible at most times. Non participatory. Non articulation of felt needs and real demands/ Feeling of being imposed upon by the states. Top down approach. Assumes a role of a parallel government.

In order to address these issues the Indian economy is gradually moving from a highly centralised planning system towards the process of Indicative Planning in the light of the 1991 economic reforms,which will be discussed below.








INDICATIVE PLANNING:
Indicative Planning is a process where where the Planning Commission concerns itself with the building of a long term strategic vision of the future and decides on priorities of the nation. It is an arrangement where central planning institutions are seen providing an indicative framework to carry out programmes/activities at the regional levels where sufficient  discretion is possible at the regional levels.  This process of Planning is a great advocate of decentralisation.

Thus, the central govt provides the overall framework of the Plan and the direction to move for development to the states and districts, and the respective State and District Planning Boards carry out at their levels as per their needs. This process also gives a free play to PSUs and pvt players to carry out their activities regarding the same.





SIGNIFICANCE OF PLANNING IN THE LPG ERA:
Yes, Planning is very much important in the current era. As LPG(Liberalisation,Privatisation & Globalisation) ensures freedom of market forces which can only take care of demand and supply,it is through planning that the socio-economic objectives can be obtained by taking care of need and supply. State intervention is still very much required to be a neutral referee,as one can gauge from the reasons of the recent recession in 2008. It has shifted its role from a active player to that of a facilitator,regulator,guide and protector of development processes and citizens' rights in the country.





PROCESS OF PLAN FORMULATION AT UNION & STATE LEVELS:
i) At the Union level - Planning Commission receives inputs from Central/Union Council Of Ministers on one side and from Programme advisors(detailed above) who bring in views of the States as well as of Civil Society Institutions. All of these are then taken into account and processed to develop a Plan Approach Paper and that is then discussed upon and improved and eventually this paper is passed by the Planning Commission's members and presented to the NDC for its review,recommendations and approval so that this paper can be further presented to both houses of Parliament for the final stamp of approval and legally turn into a Five year Plan blueprint.  The Estimates Committee estimates the resources needed for these plans. The states are asked to declare their resources and then the financial resources steering committee of Planning Commission recommend fund allocation. The funds are then given out from the Finance Ministry once approved by the Parliament. Once this is accomplished then this is passed on to the State and District level Planning Boards to implement at their level the guidelines of this plan along with the mandate of the NDC.



ii) At the states level - The Planning dept. of the states receive inputs from various state plan committees,Civil society institutions,Directorates and departments of the respective state which are mostly technical in nature,and from all district level agencies. These inputs are then processed at the Planning dept. which are then sent to the Planning Commission for its review and incorporation into the Central 5 year plan. Then the whole above mentioned process takes place as stated in the " Plan formulation process at Union level". After that, once the Central 5 year plan guidelines as well as the NDC mandate is passed on to them along with the resources allocated to them,then the plan approach paper at the state level is finalised again at the State Planning dept in definite terms of objectives and how to achieve them at their state/regional level keeping in mind the needs of the state as reported by the inputs provided to them originally. This Plan Approach paper is then passed by the state planning dept., in order to move to the next step which is to send it for the review,recommendation and approval of the Chief Minister and the state planning Board that consists of many of that respective state's cabinet ministers. Once that is achieved,it is then presented to the respective state legislature for the final approval after which it is legally implementable as a 5 year plan at the state level.



CONSTITUTIONAL AMENDMENTS IN 1990 FOR SETTING UP OF "INTER - STATE COUNCIL" BASED ON SARKARIA COMMISSION RECOMMENDATIONS FOR BETTER CENTRE STATE CONFLICT RESOLUTION:
In light of the scathing remarks labeled upon the Planning Commision by various Committees like the Santhanam Committee,etc which accused the Planning Commission of arm twisting the State Governments in Plan meetings in the NDC since majority of the members there comprise of the Centre and its allies, and most importantly the extra - constitutional identity of the Planning Commission, the Sarkaria Commission was set upto review the working of the existing arrangements between the Union and the States in the changed socio-economic scenario.

The Government constituted a Commission under the chairmanship of Justice Rajinder Singh Sarkaria with Shri B. Sivaraman and Dr. S.R. Sen as its members to examine and review the working of the existing arrangements between the Union and States in regard to powers, functions and responsibilities in all spheres and recommend such changes or other measures as may be appropriate.
One of the important recommendations of Sarkaria Commission was for establishing a permanent Inter-State Council as an independent national forum for consultation with a mandate well defined in accordance with Article 263 of the Constitution of India. Pursuant to the recommendation, The Inter-State-Council was set up under Article 263 of the Constitution of India vide Presidential Order dated 28.5.1990 as a Constitutional Body ( refer - en.wikipedia.org/wiki/Inter_State_Council ).
The Commission also recommended making the NDC a Constitutional Body so that it functions more autonomously without fear or favour.

Inter State Council enquires into and advises upon disputes which may have arisen between states and in addition it may also investigate and discuss subjects of common interest between the union and states or between two or more states in order to facilitate coordination of policy and action. They are setup by the President and its examples are - Central Council of Health,Central Council of Local Self Government,Council of sales tax,etc.

Inter state water disputes act,1956 was enacted by the Parliament setting up tribunals for adjudication of water disputes between union and a state or two or more states and between one state and another or two others,etc.

Other devices in practice to secure union-state cooperation and conflict resolution also exist which are extra constitutional devices like Governors Conference headed by the President ,Chief Ministers conference,Conference of IGPs of states,Planning Commission and NDC discussions on five year plans,etc where representatives of all states get together and discuss various issues within themselves and the Union for a consensus.

However, it is sad to note that in the last 22 years, only 10 meetings have been held of the ISC,which speaks volumes on the lack of will of the Centre and political vested interests to fully implement and utilise this valuable Constitutional body/forum and instead keep relying and depending on extra Constitutional structures to ensure cooperative federalism. To read more of the sad state of affairs of the abovementioned - http://www.thehindubusinessline.com/opinion/columns/cracks-in-our-federal-setup/article4273184.ece





CONSTITUTIONAL AMENDMENTS (1992) AND DECENTRALIZED PLANNING FOR ECONOMIC DEVELOPMENT AND SOCIAL JUSTICE:
The 73rd and 74th Constitutional Amendment Acts,1992 provides for democratic decentralisation and is hailed as a revolutionary step and one of the most important political innovations in Independent India. It gave a face to Gandhian Directive principles of State policy's Article 40 that looks to promote a system of decentralized planning for local socio-economic development that would be relevant,thus, leading to the achievement of the larger goal,which is, Social justice.
The Panchayati Raj Act and the Municipalities Act respectively are the 73rd and 74th Constitutional amendment act of 1992. They provide for a system of local self govt. wherein the people take upon themselves the responsibility of Planning,provisions of community and welfare services,etc. and socio-economic and cultural Development through rural development plans and programmes.
The Panchayati Raj institutions involves a three tier structure of democratic instruction at district,block and village levels,viz. zilla parishad(District level), panchayat samithi(block level), and village panchayat(basic level) respectively.
This Act provides for article 234 in the Constitution and a District Planning Committee under 234 G as well as 29 subjects for jurisdiction placed under the 11th schedule of the Indian Constitution. The 74th Amendment act for Municipalities has article 243 and its sub parts for providing Panchayat as well as Municipal Planning Committees and 18 items under the 12th schedule of the Indian Constitution for their jurisdiction.
These institutions are to enjoy fiscal autonomy and directions to the State Finance Commissions to provide funds to them. It also provides for the sources of revenues through taxes,etc.
Their rural plans are to be submitted to the District Planning Committee(in case of rural) & Metropolitan Planning Committee ( in case of urban area) which in turn submit it to the Planning Commission

However,one must also note that though this has been put on paper officially and also implemented in the right manner in many states,still there is a huge disparity and violation of the above provisions in many areas and continues to be heavily centralised.

This is so because as you have understood above regarding the plan formulation process in the states as well as centres, it is a top down approach where the plan is decided by the centre and passed on to the state and district planning committees for implementation following their guidelines. Apart from that,there are many subjects between the rural and urban bodies and the state regarding jurisdiction that are concurrent and overlapping thus leaving very few of them to the exclusive jurisdiction of the local bodies.

Finance provided by the centre as well as state to these bodies for plan implementation is also a total contradiction of financial autonomy granted to them as these funds come through the various offices of the state and district level officials and so there is undue delay at many a times for reasons unknown of funds transfers.

Also, training and skill upliftment of local bodies' representatives should be undertaken by the centre and states so that they gain the requisite expertise in effectively implementing plans.
Therefore,all these issues should be taken care of in order to make them truly local govt. democratic and decentralised institutions. Else, they will only be petrified prints on paper.



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The next article on this blog will cover:

State Government and Administration:
Union-State administrative, legislative and
financial relations; Role of the Finance
Commission; Governor; Chief Minister;
Council of Ministers; Chief Secretary; State
Secretariat; Directorates.

Tuesday, September 11, 2012

Union Government and Administration: Executive, Parliament, Judiciary - structure, functions, work processes; Recent trends; Intragovernmental relations; Cabinet Secretariat; Prime Minister’s Office; Central Secretariat; Ministries and Departments; Boards; Commissions; Attached offices; Field organizations.


We have already studied via previous articles of this blog viz. the developments,events and legislation that had taken place from the Vedic,Mauryan,Mughal rule right to the end of the British rule in India that led to the current and contemporary setup of the Indian State, Government as well as Administration in India.

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So, today we will discuss the modern and contemporary state of affairs regarding the same in India.





                                   ADMINISTRATIVE SETUP AND HIERARCHY IN INDIA:
                                                         









UNION GOVERNMENT AND ADMINISTRATION OF INDIA:
The Constitution of India provides for a federal structure,wherin the union and the states are independent in their functioning,however,at times in order to meet certain exigencies (like in an Emergency) in national interest, there are unique safeguards for it to assume a Unitary character(controlled/directed by the Union/Centre). This is a feature unique to the Indian Constitution,that is why it is called as a combination of federal and unitary features or quasi - federal. One can note this in the Constitution in its very first article,where it pronounces India as a union of states and article 3 specifies the supremacy of the Union Parliament where it can alter the states viz. their boundaries and their names,etc. in national interest,also unified judicial system,integrated Election machinery,Accounts and audit,and single citizenship,etc.

So the states do have a federal character in regards to the State list and the subjects listed in them under the constitution  and decision making on the same is instituted in their level which is democratic decentralisation and also stabilises these state machineries,however,under certain circumstances the unitary character takes over.

Under the Indian Constitution the Union list of subjects contains 97 areas/subjects on which the Union/Central/Federal Govt. possesses sole decision making powers. And the executive powers for administering the above mentioned subjects have been vested in the President under the Constitution to be directly exercised through him or through his subordinate officers in accordance with the Constitution. The President is a part of Parliament as no Bill can become an Act/Law unless he assents to it. An important note to be made here is that even though all administration in the country are carried out in his name yet he is just a nominal head and not the real ruler.The reason being for this is that the Constitution provides for a Parliamentary form of govt. where the Council of Ministers aiding and advising the President(head of State) are the real rulers of the State.

Administrative framework of the Union govt. under the Indian Constitution advocates the tenets of decentralisation as well as autonomy and initiative being vested in states and local units of govt. simultaneously accepting central planning and direction from the Centre/union.
Governmental leadership's objective is State Welfare as well as integration and participation of the people in administration and policies by allowing officials to bring in innovations and democratic values into administration and its practices and functions.

The administrative features and details of Indian Administration is a modified version of the Govt. Of India Act 1935 as the people of India were used to it and were content with its administration provisions.
Refer to these important acts - http://en.wikipedia.org/wiki/Government_of_India_Act  & http://publicadministrationtheone.blogspot.in/2012/08/accountability-and-control-concepts-of.html for details on Legislative,Executive and Judicial control over Indian Administration.


Below is detailed as to through which various posts/Offices and its officials,organisations and institutions the Union Governance as well as Administration is carried out.






EXECUTIVE - 1) THE PRESIDENT OF INDIA & HIS ADMINISTRATIVE FUNCTIONS:
Go through this article - http://ibnlive.in.com/news/demystified-how-the-president-of-india-is-elected/268962-53.html

Apart from the above mentioned administrative functions of the President,he also summons,prorogues,addresses,sends messages to Parliament and dissolves the Lok Sabha,promulgates ordinances when Parliament is not in session,makes recommendations for financial and money bills and gives assents to transform bills in to Acts and makes certain appointments at the Union level executives,Chief Justice Of India and Union Public Service Commission members and Chairman as well as removal is done under his warrant and seal. He also grants pardon,reprieves,respites,remits or suspends sentences in certain cases.
All decisions taken by the ministries and Departments are to be signed by him in order to be passed.
He is the supreme commander of the Armed Forces.
He upholds the democratic,republic and federalist value of the Constitution through his election process where states participate as well along with the union parliament. So, he is indirectly elected by the people through their elected representatives.
He nominates 12 members to the Rajya Sabha from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. By adopting the principle of nomination in Rajya Sabha, the Constitution has ensure that the nation must
also receive services of the most distinguished persons of the country who have earned distinction in their field of activity, many of whom may not like to face the rough and tumble of the election. By nominating them to Rajya Sabha, the state not only recognises their merit and confers honour on them, but also enables them to enrich the debates by their expertise and knowledge that they
have in different areas.
And the President also nominates 2 members of the Anglo Indian community in the Lok Sabha if he feels that they do not have adequate representation there.

A President can be removed from office through an impeachment process on the grounds of violation of Constitution with 14 days prior notice of such action. But it has not been specified as to what may be considered as a violation of the Constitution.
Also refer to - http://presidentofindia.nic.in/  &  http://en.wikipedia.org/wiki/President_of_India

Recent trends of Presidents taking active part and exercising their powers viz. issuing ordinance as well as others is a good move in the right direction so that the President also holds his own and keeps the political executive accountable and to work for the ultimate betterment of the people.







2) VICE PRESIDENT OF INDIA:
The Vice President is the next in rank of executive authority after the President. He is elected by both houses of parliament and not the states by proportional representation through single transferable vote. His term is also as the President's , that is 5 years. He serves as the ex officio (because of a person's position in a formal group) Chairman of the Rajya Sabha. He carries out duties of the President in his absence and also acts as  an ambassador of the country at times.
VP can be removed under no specified grounds by a resolution passed by an absolute majority of the Rajya Sabha and agreed to by the simple majority of the lower house or Lok Sabha with 14 days notice to the VP. These are his administrative functions.
Refer to - http://en.wikipedia.org/wiki/Vice_President_of_India







3) UNION COUNCIL OF MINISTERS & THE PRIME MINISTER OF INDIA & THEIR ADMINISTRATIVE FUNCTIONS :
The Union Council Of Ministers is an important organ of the Executive. It is responsible for preparing and introducing bills in Parliament,to aid and advise the President in the exercise of his functions and to determine policy and administer them and to implement the decisions adopted by the Parliament. This Union Council Of Ministers carry out their functions with the help of government officials and bureaucrats.

 The Union Council Of Ministers consists of :
i) Union Cabinet Ministers (http://en.wikipedia.org/wiki/Cabinet_of_India). Refer - http://en.wikipedia.org/wiki/Council_of_Ministers,_India.
Details of this classification is detailed below in this article.

ii) Ministers of State ( Independent charge) & Ministers of State (under a Union minister) - A Minister of State is a junior Minister in the Union Council of Ministers in the Federal or Central Government who may assist a Union Cabinet minister or have independent charge of a ministry. Here "State" in the desgination title above refers to Union/Centre govt. and should not be mistaken for the other term/definition of state (like Gujrat,Delhi,etc.). It means that this Minister is a Minister/representative of the Central/Union govt. assisting the Union Cabinet Ministers in their duties under their Ministry/Dept, and is not part of any state region. Government of a state (like Assam,Bihar,etc). is a different configuration all together. An illustration is - There is a Minister of Defence who is a Union Cabinet Minister and under him there will be a Minister Of State for Defence. This sub-classification under the same Ministry/Dept. has been done for the sole purpose of a better administration and supervision of that Ministry/Dept.
The Minister Of State having Independent charge of a Ministry under the Union/Central govt.  does not assist any Union Cabinet Minister and handles his/her Ministry / dept. independently and reports directly to the Prime Minister on the same,examples of such independent union Ministers of State are - Ministry Of Women & Child Development,Ministry Of Mines,etc.
Refer  for list - http://en.wikipedia.org/wiki/Council_of_Ministers,_India

iii) Deputy Ministers : To assist the Ministers Of State(both types) in the administration of their functions
who are appointed by the president on the advice of the Prime Minister.
It is headed by the Prime Minister who need not necessarily be a member of any House of Parliament when appointed by the President but must secure a seat in either house within six months of the date of entering office.It is the prime duty of the Union COM to aid and advise the President in exercise of his functions. The Council is directly accountable to the Lok Sabha and is individually responsible to the President for the functioning of their ministry/dept. The Prime Minister as the head and leader of COM has the duty of directing,coordinating and conveying all decisions of the Council of ministers relating to the policy making,implementation and administration of the affairs of the Union and all information pertaining to it.
If there is a policy failure or lapse on the part of the government, all the members of the council are jointly responsible. If the budget or any such Bill proposed by the Union cabinet is rejected by the parliament then under the principle of collective responsibility the whole council of Ministers and PM have to resign thus dissolving the whole Union Cabinet leading to fresh elections within 6 months.If a vote of no confidence is passed against the government, then all the ministers headed by the Prime Minister have to resign.

Also refer to - http://en.wikipedia.org/wiki/Council_of_Ministers,_India & http://en.wikipedia.org/wiki/Prime_Minister_of_India & http://en.wikipedia.org/wiki/Cabinet_of_India






4) COMPTROLLER AND AUDITOR GENERAL OF INDIA (CAG) & HIS ADMINISTRATIVE FUNCTIONS:

Refer to previous post under topic of Audit and CAG- http://publicadministrationtheone.blogspot.in/2012/08/financial-administration-monetary-and.html






5) ELECTION COMMISSION OF INDIA & ITS ADMINISTRATIVE FUNCTIONS:
Under Article 324 of the Indian Constitution there is a provision based on the concept of Universal Adult Franchise for the appointing of an autonomous and constitutional body called the Election Commission for the administration of political process in the country by conducting and ensuring free and fair elections of Central and State legislatures as well as the elections of the President and Vice President.
This body comprises of a Chief Election COmmissioner and two Election COmmissioners who are of equal status and power as the former. They take decisions on the basis of a moajority consensus and not being directed by the Chief Election Commissioner. They are appointed by the President for a term of 6 years or till the age of 65 years,whatever comes first. To protect their autonomy and impartiality,they can only be removed by the President in the same manner and grounds of a judge of the Supreme Court. Other Election Commissioners cannot be removed unless a recommendation is given by the Chief Election Commissioner.
Under the Election Commission of India there are State Election Commissions in every state that aid and assist the Election Commission in matters of state and local govt. elections.
Its main functions are :
(i) The preparation of electoral rolls before each general election and registration of all
eligible voters.
(ii) The delimitation of constituencies.
(iii) The recognition of various political parties and allotment of election symbols to these
parties.
(iv) Preparation of code of conduct for the political parties.
(v) Keeping voters list up-to-date at all times.
(vi) The preparation of roster for central broad-casts and telecasts by various political parties,
etc.
(vii) The conduct of polls.
(viii) The Election Commissioner has not only the power of holding elections but also to
cancel it and order repoll of it if rigged. It is also the responsibility of the Election
Commission to hold by-elections.
(ix) To notify the dates and schedules of elections so that nomination papers are filled and
properly scrutinised before the elections.
(x) To request the President of India or the Governors of the States for requisitioning as
much staff as necessary for conducting elections.
(xi) Under the Peoples Representation Act, the Election Commission also has the power to disqualify a candidature.

It has advisory jurisdiction in matters of post election,disqualification of sitting members of Parliament and State legislatures. It has taken many steps in the recent times to ensure total rationality in conducting elections like providing electors with photo identity cards,restriction on opinion/exit polls,computerisation of electoral rolls,checking criminalisation of politics,ensuring strict compliance with model code of conduct during elections by election officials as well as candidates and parties,simplifying procedure for maintaining accounts and filing of candidates,etc.

The decisions of the Election Commission can be challenged by appropriate petitions in the High Court and Supreme Court. Election petitions can be filed before the High Court, in respect of elections to the Parliament and State Legislatures. In respect of elections for the offices of the President and Vice President, such petitions can only be filed before the Supreme Court.






6) FINANCE COMMISSION & ITS ADMINISTRATIVE FUNCTIONS:
Under article 280 of the Indian Constitution,the finance Commission is an autonomous and constitutional body. It is appointed every 5 years and consists of a Chairman and four other members.
Functions of the Finance Commission can be explicitly stated as:
  1. Distribution of net proceeds of taxes between Centre and the States, to be divided as per their respective contributions to the taxes.
  2. Determine factors governing Grants-in Aid to the states and the magnitude of the same.
  3. Work with the State Finance Commissions and suggest measures to augment the Consolidated Fund of the States so as to provide additional resources to Panchayats and Municipalities in the state.
Please refer - http://fincomindia.nic.in/ShowContent.aspx?uid1=2&uid2=1&uid3=0&uid4=0  &   http://fincomindia.nic.in/ShowContent.aspx?uid1=2&uid2=2&uid3=0&uid4=0

It has been off late being argued that the Planning Commission has been usurping the powers of the Finance Commission and has only reduced it to a advisory and recommendation body regarding funds and revenue sharing.
Planning Commission is to be discussed in the next article of this blog.






PARLIAMENT & ITS FUNCTIONS:
Parliament is the supreme legislative body of India. It presides over bills and passes them as Acts for the benefit of the country and its people as well as keeps a check on the Executive in every possible way. No funds can be taken out of the Consolidated Fund Of India without its permission. So,basically it is of immense importance as it is the one that sets the whole administrative and executive machinery into motion.
The Indian Parliament comprises of the President and the two Houses-Lok Sabha (House of the People) and Rajya Sabha (Council of States). The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.
The same structure of legislation follows in the states with the exception that the President's representative is the Governor and some states have a unicameral legislature with the upper house that is the Vidhan Parishad as optional. The Chief minister and his state council of ministers and administrators at the State level are akin to the PM and his council at the Union level.

The Indian Constitution provides for a Parliamentary form of government. Refer - http://en.wikipedia.org/wiki/Parliament_of_India
The Constitution of India came into force on January 26, 1950. The first general elections under the new Constitution were held during the year 1951-52 and the first elected Parliament came into being in April, 1952, the Second Lok Sabha in April, 1957, the Third Lok Sabha in April, 1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March, 1971, the Sixth Lok Sabha in March, 1977, the Seventh Lok Sabha in January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth Lok Sabha in December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May, 1996, the Twelfth Lok Sabha in March, 1998, Thirteenth Lok Sabha in October, 1999, Fourteenth Lok Sabha in May, 2004 and Fifteenth Lok Sabha in April, 2009.

The recent trends of deteriorating standards of debates and attendance of Parliamentarians, stalling of parliament,coalition govt. and consequent instability in policy making,corruption as well as corporate lobbying for vested interests and criminalisation of politics has led to a very sad state of Indian parliament. However, active media and judicial activism and review along with civil society efforts still give a lot of hope. Along with that also the prospective bills on cleaning out unwanted elements from entering politics that are very certain to see the light of day are encouraging reports. Apart from this, citizens of the country should take the responsibility to educate themselves on policy matters as well as their rights and legal recourse that will help them take right decisions during elections as well as while holding the govt. and administration responsible for wrongdoings,commissions as well as omissions on their part. Also,the recent trends of weak Prime Ministers leading to unchecked and massive corruption has left a very bad taste in the mouth and its high time that some effective measures are taken to combat it like an effective Lokpal at the Centre and Lokayuktas in states.







JUDICIARY & JUDICIAL ADMINISTRATION:
 Part IV of the Indian Constitution deals with the topic of separation of Judiciary from Executive and Legislature. The Constitution of India under article 124  provides for the establishment of a Supreme Court and an Independent Judiciary that is non partisan and promotes equality and liberty. It is integrated and unified consisting of Supreme Court(apex body),High Courts(Head of state's Judicial Administration) and District Courts(Head of District's Judicial Administration controlled by a district and sessions judge) and is focused on integrating the country. It provides that there shall be a Supreme Court whose role is that of a centralised Court,protector and interpreter of the Constitution and highest court of appeal,consisting of CJI and 30 other judges (in the beginning it was 7,then 52,then 25 and now in 2008 with an Amendment act has come to 30). The seat of the Supreme Court shall be in Delhi or at any such other place where CJI with the President's approval may prescribe ( article 130).
The bottommost or grass root levels at villages are the Nyaya Panchayats and then it goes right upto the Supreme Court via the  High Courts and District Courts.
The working of the High Court mainly, of a state, is to get the appeals from subordinate courts and the writ petitions related to the Article No. 226 of the Indian Constitution. Also the writ Jurisdiction serves as the original jurisdiction for the High Court. Each High Court of individual state has its different pre-defined territorial jurisdiction.
From the judiciary point of view, each state of India is divided clearly into different judicial districts with District and Sessions Judge. Such a designated judge is regarded as the District Judge designate, when presiding over civil cases, and as Sessions Judge while considering the criminal cases. The highest authorised judicial under a Judge of the High Court is the district and sessions judge. There are different courts dealing with civil jurisdiction with different names in various states under him in the hierarchy.
Below the District and sessions court judges there are courts of civil jurisdiction,known in different states as Munsifs,Sub-judges,civil judges,etc. In the same way at the district level,criminal judiciary comprises of  the Chief Judicial Magistrate and First and Second Class Magistrates. High courts are principal courts of original jurisdiction(where an aggrieved can straightaway approach the High Court without going through lower courts) in the state for issuing writs to protect fundamental rights.
The CJI is appointed by the president on the advice of the Council Of Ministers. And the President appoints Supreme Court and High Court judges on consultation with the CJI and nomination of judges by the Political executive from among legal experts and practitioners is more acceptable than any other process till date.
The Supreme Court has powers of Original Jurisdiction,Appellate jurisdiction as well as Advisory jurisdiction on any matter referred to it by the President for its consultation. For details -
http://www.supremecourtofindia.nic.in/jurisdiction.htm &
http://en.wikipedia.org/wiki/Supreme_Court_of_India & http://en.wikipedia.org/wiki/Category:High_Courts_of_India & http://en.wikipedia.org/wiki/District_Courts_of_India
To protect the independence and autonomy of the Judges the removal process has been made very effective and not easily attainable. The only ground on which a Judge of the Supreme Court or High Court can be removed is proved misbehavior or incapacity through an impeachment process that is,a judge can only be removed by an order of the President passed after an address in each House of Parliament.Such address must be supported by a majority of the total membership of that House and by a majority of not less than two-third of the members present and voting. It must be presented to the President in the same Session.
The recent trend of Public interest litigation movement in India has brought in a whirlwind and watershed dimension to the ambit of the Judiciary and its service to people and promote socio economic justice and equality at a bigger platform. NGOs have played a big part in bringing a lot of cases to light. Refer - http://en.wikipedia.org/wiki/Public-interest_litigation_(India)

In today's times of massive corruption, judicial activism as well as judicial review and PILs as well as suo motu powers of Judiciary are tools of great importance for taking action to make State institutions and administrative action abide by the tenets of the Indian Constitution and declare null and void the actions and laws passed by legislature that are against the Constitutional tenets.






ATTORNEY GENERAL OF INDIA & HIS FUNCTIONS:
He/She is the chief legal advisor to the Indian Govt. and its primary lawyer in the Supreme Court of India. He should be qualified to become a judge of the Supreme Court. He is appointed by the President under Article 76(1) of the Indian Constitution and holds office during the president's pleasure. He does not derive any fixed salary but only a consultation fee. However since he is appointed by the political party in power therefore it is likely for him to be biased. However, it being a Constitutional post,he/she is open for public scrutiny.







 INTRAGOVERNMENTAL / INTERGOVERNMENTAL RELATIONS:
Intra governmental/Intergovernmental relations refer to effective relations within as well as among/between various agencies/departments of the government in order to achieve completion of entire work scheme. The contemporary complexities require the government to operate on the principle of specialisation. Govt. in order to be more effective,efficient and focused go for the establishment of specialised and non specialised organisations. The Govt. operates with various departments having their own specific domains.
In such a scenario there shall always be a possibility that while making decisions in their domains they may act in a conflicting manner within each other. So there has been a recommendation to create a tandem so that they work in  unity to achieve the task with their specialisations being used effectively for the same. So there has been recommendations of a committee formation or formal rules and regulations to be prescribed for achieving a significant amount of necessary coherence within various depts and agencies working together.
The Gorwala committee has recommended that the Ministry of Finance give up its rigidisctic control over administrative ministries and act as a colleague ministry instead for helping and facilitating work.
The first Administrative Reforms Commission recommended the appointment of a Integrated Financial Advsor who would act as a link between Ministry of Finance and various Administrative Ministries so that proposals of the latter are effectively and quickly disposed off by the former.
Intra governmental relations are also managed through various committees of Secretaries appointed by the Union Cabinet secretary from time to time. The current arrangement of the Group Of Ministers(Inter related and interdependent ministries'/departments ministers forum for gaining consensus on decisions and taking swift action) and Empowered Group of ministers(An arrangement where a GOM is seen  working with some sort of delegated powers from the Union cabinet to decide policy matters independently at their respective ministerial/departmental level only) could also be seen as a useful mechanism for achieving necessary coordination in the functioning of inter dependant as well as standalone ministries.








UNION CABINET & UNION CABINET SECRETARIAT & ITS ADMINISTRATIVE FUNCTIONS:
Union Cabinet ( refer - http://en.wikipedia.org/wiki/Cabinet_of_India ) is an extra constitutional arrangement instituted within the Council of Ministers(COM) under the provisions of Business Rules Act. The Union Cabinet is the term used for a small group of important (Union cabinet rank) ministers and seniors of the COM who are exclusively responsible for giving overall policy framework to the country and decisions relating to the same and the Union Cabinet arrangement helps in collective decision making in the Union COM. The Union Cabinet portfolios include ones of extreme importance like Defence Minister,Home Minister,Foreign Affairs Minister,etc. The Union cabinet takes initiative in legislative matters and directs the Parliament on the same. The annual budget is prepared by the Union Cabinet.
This term has been used once under article 352 of the Indian Constitution but that too with no details.
The Union cabinet can issue directives to the State govts under certain circumstances and under state emergency it can virtually control the working of the latter as well.
Union Cabinet committees are formed so as to help in a detailed and descriptive analysis of the subjects that are functions of the Union  Cabinet and help in taking load of these matters from the Union Cabinet ministers. The officials appointed for this can be civil servants,people of distinguished experience in the subject matter,civil society and other central services officials,etc. These committees are appointed by the Prime minister on all such subjects that he feels important.
There are Standing union cabinet committees as well as Ad-Hoc Union Cabinet committees.
Some examples of Standing Union Cabinet Committee are : Union Cabinet Commission on Political affairs,Union Cabinet commission on economic affairs,Union Cabinet commission on appointments,Cabinet commission on Parliamentary affairs,infrastructure,security,etc.
The first Administrative Reforms Commission (ARC) had recommended that there should be an appointment of committees on all major subjects like Agriculture,Civil supplies,Science and Technology,etc. It also recommended for all Union Cabinet committees to be headed either by PM or deputy PM and recognition of these committees under the Allocation of Business rules Act. A recommendation was also given for setting up of committees for all those Secretaries whose Ministers were part of some Union Cabinet committee so that the secretarial work is performed simultaneously,smoothly and efficiently.


Secretariat means 'Secretary's Office' . The secretary being the principal adviser to the Minister needs to be equipped with an office to assist him in discharge of his functions.
The Union Cabinet Secretariat(Refer http://cabsec.nic.in/about_origin.php) is an organisation designed to provide Secretarial assistance to the Union Cabinet in carrying out its business. It has an important coordinating role in the process of decision making at the highest level. It submits the cases to the Union cabinet and its committees,prepares records of decisions taken and follow up action on their implementation. The political headship of the Union cabinet secretariat rests with the Prime Minister and the administrative head of the secretariat is the Union Cabinet Secretary,a very senior civil servant and plays a pivotal role and is the principal advisor to the Union cabinet, and there is the other secretariat staff.
The Union Cabinet Secretary is the Ex-Officio and Chairman of the Civil Services Board of the Republic of India; the chief of the Indian Administrative Service and head of all civil services and Central Secretariat officers under the rules of business of the Government of India.

Functions of the Union Cabinet Secretariat under the Union Cabinet secretary are:
i) To provide secretariat machinery for effectively transacting the routine business of the Union cabinet and cases which a Minister puts to the Union cabinet for decision or direction and cases of disagreements between ministers. Proposals to vary or reverse a decision previously taken by the Union Cabinet. Cases which the President or Prime Minister may require to put to the Union Cabinet. And, proposals to withdraw a prosecution instituted by the Govt. of India. Cases involving financial implications.
ii) To work as the secretariat for the various cabinet committees like proposals to appoint committees of enquiry and consideration of reports of such committees.
iii) To keep the President,the Vice President and all the Ministers in touch with the major activities of all the ministries of the govt. Cases involving legislation including ordinances issues,addresses and messages of the President to the Parliament. Proposals to summon or prorogue the Parliament or dissolve Lok Sabha. Cases involving foreign treaties and negotiation issues.
iv) To coordinate the important central-state conferences convened by the various central ministries.
v) To prepare agenda for the weekly meetings of the cabinet,keep record of the discussions in the cabinet,and the decisions taken therein,circulate memorandum on issues awaiting the cabinet's approval,circulate decisions of the cabinet to each ministry,prepare and submit monthly summaries on a large number of specified subjects to the cabinet.


The Union Cabinet Secretariat  is organised into two departments:
a) Dept. of Cabinet Affairs(permanent department) - Further divided into three wings - i) Main Civil Secretariat : Which provides all the secretarial assistance in securing coordination and timely action by the Ministers and departments of the Govt. of India in all matters in which theUnion  cabinet or the Prime Minister is interested.
ii) Organisation and Methods Division: It functions directly under the Prime Minister. Its main functions are to supply leadership and drive,and,build up a common fund of information by a cooperative effort,experience and competence in O&M work. For detailed functions of a O&M division refer to O&M topic in this post http://publicadministrationtheone.blogspot.in/2012/08/techniques-of-administrative.html
iii) Military Wing : It provides Secretariat services to the defence committee of the Cabinet,National Defence Council,Military Affairs Committee,Defence Minister's Committee,Defence Minister's Production Committee and a host of other committees dealing with Defence matters.
iii) Economic Wing: It is responsible for all the Secretarial work connected with the Economic committee of the Cabinet,Committee of Economic Secretaries and Supply Committee.

b) Department Of Statistics - An independent dept. created in April 1961,It is responsible for bringing coordination between various statistical organisations of the centre and states,and taking up initiatives for setting up agreed standards and norms,and for promoting in general the collection and compilation of statistics on scientific lines. It also provides administrative support to the central statistical organisation,national sample survey and Indian Statistical institute,the first two are attached offices of the Union cabinet secretariat and the third is a subordinate office of the Union cabinet secretariat).







 PRIME MINISTER'S OFFICE(PMO) & ITS ADMINISTRATIVE FUNCTION:
The PMO came into existence in Aug 1947. Earlier it was known as the Prime Minister's Secretariat but was renamed the PMO in 1977. It is listed as a department in itself under the govt. of India Allocation of Business rules 1961. It does not have any attached or subordinate office under it. It acts as a link between PM and his Ministers,President,Governors,Chief ministers and Foreign representatives. On the other side,which is the public side where it is concerned with the party matters,personal correspondences,complaints from the public,etc. It is for the PM to efficiently carry out his duty as the Chairman of the Planning Commission and help the PM in performance of his functions as the head of the government.

Principal functions of the PMO:
i) To deal with all references which under the rules of business have to come to the PM.
ii) To help the PM in discharge of his overall responsibilities as the Chief Executive like liaison with the Union Ministries and the State govts on matters which the PM may be interested.
iii) To help the PM in discharge of his responsibilities as the Chairman of Planning Commission.
iv) To deal with Public relations side of the PMO.
v) TO provide PM assistance in the examination of cases submitted to him for order under prescribed rules.







DIFFERENCE BETWEEN THE PMO AND UNION CABINET SECRETARIAT:
PMO is a conventional office formed for convenience of administration and secretarial assistance to the PM whereas the Union Cabinet Secretariat is mentioned in the Constitution and is a legal body.
The PM is the head of the Union Cabinet and is a very sensitive post so he needs an exclusive extra filter and assistance in discharge of his varied and immensely important duties.
The Union Cabinet Secretariat on the other hand,though extremely pivotal is responsible for the overall administration and secretarial assistance to the whole Cabinet and various functions of the Ministries and departments.







CENTRAL SECRETARIAT & ITS ADMINISTRATIVE FUNCTIONS:
Refer to http://persmin.gov.in/DOPT_CSDivision_Index.asp

The Central Secretariat system in India is governed by Central Secretariat Service Rules, 1962, which has been issued under the powers of Article 309 of the Constitution, is based on two principles:
(1) The task of policy formulation needs to be separated from policy implementation.
(2) Maintaining Cadre of Officers operating on the tenure system is a prerequisite to the working of the Secretariat system.

The Central Secretariat is a policy making body of the government and is not, to undertake work of execution, unless necessitated by the lack of official agencies to perform certain tasks. Its head of hierarchy is the Union Cabinet Secretary whom it is responsible to and reports to. It's recruitment is done through the Staff Selection Commission's Combined Graduate Level Examination and its main task is to assist with secretarial support to all the ministries of the Centre and department heads and ensure smooth coordination between these ministries and departments and the Union Cabinet Secretariat as well as policy formulation in their respective ministries and departments.

The Central Secretariat normally performs the following functions:
(1) Assisting the minister in the discharge of his policy making and parliamentary functions.
(2) Framing legislation, rules and principles of procedure.
(3) Sectoral planning and programme formulation.
(4) (a) Budgeting and control of expenditure in respect of activities of the particular Ministry/department.
(b) Securing administrative and financial approval to operational programme and their subsequent modifications.
(c) Supervision and control over the execution of policies and programmes by the executive de­partments or semi-autonomous field agencies.
(d) Imitating steps to develop greater personnel and organizational competence both in the minis­try/department and its executive agencies.
(e) Assisting in increasing coordination at the Central level.
Structure of secretariat
The Central Secretariat is a collection of various ministries and departments secretaries. A ministry is responsible for the formulation of the policy of government within its sphere of responsibility as well as for the execution and review of that policy. A ministry, for the purpose of internal organisation, is divided into the following subgroups with an officer in charge of each of them.
The lowest of these units is the section in charge of a Section Officer and consists of a number of assistants, clerks, typists and peons. It deals with the work relating to the subject allotted to it. It is also referred as the office. Two sections constitute the branch which is under the charge of an under secretary, also known as the branch officer.
Two branches ordinarily form a division which is headed by a deputy secretary. When the volume of work in a ministry exceeds the manageable charge of a secretary, one or more wings are established with a joint secretary in charge of each wing.
At the top of the hierarchy comes the department which is headed by the secretary himself or in some case by an additional/special secretary. In some cases, a department may be as autonomous as a minister and equivalent to it in rank.






DIFFERENCE AND RELATIONSHIP BETWEEN THE UNION CABINET SECRETARIAT AND CENTRAL SECRETARIAT:
The Union Cabinet Secretariat ,as already mentioned in detail above, is for catering secretarial support and assistance exclusively to the Union Cabinet Ministers( refer http://en.wikipedia.org/wiki/Cabinet_of_India) and their respective ministries and departments, and on behalf of the Union Cabinet, it has to coordinate with the rest of the Central Council Of Ministers' (i.e. Ministers Of State and Deputy Ministers') ministries and departments as well as their respective secretariats (which are collectively known as the Central Secretariat ) and direct the latter .

The Central Secretariat,which is a collective term used to refer to the collective secretariat offices of  all (excluding the Union Cabinet) remaining Central/Union Council Of Ministers' Ministries and Departments( i.e. the Ministers Of State & Deputy Ministers), provides secretarial services to the respective Ministry/Dept under Central Union Council Of Ministers(excluding the Union Cabinet ones). Apart from that,it has to coordinate with and report to the Cabinet Secretary(Cabinet Secretariat) who heads them and is at the top of the hierarchy of all Civil services and secretariat offices in order to ensure smooth transaction of the administrative business and rules of the Govt. Of India.

The Union Cabinet Secretary(head of the Union Cabinet Secretariat) is under direct charge of the Prime Minister since the PM is the head of the Union Cabinet,and, a Joint Secretary/Deputy Secretary (who comes under the ambit of the Central Secretariat by heading an individual secretariat of a Central Ministry/Department of the Union Council Of Ministers(excluding the Union Cabinet)) is under direct charge of that respective Central Ministry's Minister or Department's head of which he has been allocated to for providing his secretariat services.





MINISTRIES AND DEPARTMENTS,BOARDS AND COMMISSIONS:
This topic has been explained in a previous article on this blog. Please refer to http://publicadministrationtheone.blogspot.in/2012/07/organisations-theories-systems.html








ATTACHED OFFICES & THEIR ADMINISTRATIVE FUNCTIONS:
This comes under the Executive offices of the Govt. Of India along with Sub Ordinate Offices and Field organisations.
The Attached Offices refer to such agencies which have the responsibility of preparing the detailed plan for execution and which gives detailed directions to the sub ordinate office officers in regards to implementation. These offices are seen as repositories of knowledge for departments as well as sub ordinate agencies under it. It provides help to the departments for better analysis  of policy questions and also support Ministers in effective supervision over policy implementation. They help in review of functioning of sub ordinate offices and issue directions to them from time to time.






SUB - ORDINATE OFFICES & THEIR ADMINISTRATIVE FUNCTIONS:
These are the agencies responsible for the detailed execution of policies and decisions. These offices along with the Field establishments carry out policy execution. In departments where attached offices may not exist then these offices may have only the responsibility of planning and assistance functions.







FIELD ORGANISATIONS & ITS ADMINISTRATIVE FUNCTIONS:
It is the transaction and direct level organisation of policy implementation through physical effort. It is the basic level where physical implementation of policy takes place and is the first level interface between the people and administration.


The post ends here.

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The next article on this blog will cover:

Plans and Priorities:
Machinery of planning; Role, composition
and functions of the Planning Commission
and the National Development Council;
‘Indicative’ planning; Process of plan formulation
at Union and State levels; Constitutional
Amendments (1992) and decentralized
planning for economic development
and social justice.

Sunday, September 9, 2012

Public Sector Undertakings: Public sector in modern India; Forms of Public Sector Undertakings; Problems of autonomy, accountability and control; Impact of liberalization and privatization.



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PUBLIC SECTOR UNDERTAKINGS IN INDIA:
In India, a government-owned corporation is termed as a Public Sector Undertaking (PSU). This term is used to refer to companies in which the government (either the federal Union Government or the many state or territorial governments, or both) own a majority (51 percent or more) of the company equity. 






EVOLUTION OF PUBLIC SECTOR UNDERTAKINGS IN INDIA:
During the British Rule the presence of factories and enterprises was conspicuous,however they were mostly built and used for vested interests of colonialism and thus did little good to India and its people.
Post Independence due to the above as well as other factors, India was in deep socio-economic issues. There was grave underdevelopment,along with disparities in income,unemployment,lack of trained manpower and a weak industrial base and investments,unacceptable infrastructural facilities,etc.
Therefore in order to self sustain and become self reliant the Public Sector Undertaking blueprint was developed under Planned Economic Development model of Socialist countries that would address all the above problems.






ROLE OF PUBLIC SECTOR UNDERTAKINGS IN INDIA:
PSUs have laid a strong foundation for the Industrial development of the country as it is not interested in profit making but nation building.
They leverage the government through major shareholding in the Industries to intervene in the economy in a major way thus helping in achieving the desired socio-economic objectives and long term goals.
They help in pushing the agricultural economy on to the progressive pathway and rural development as well as providing basic infrastructural facilities,educational and employment opportunities.







PUBLIC SECTOR IN MODERN INDIA:
In the beginning these PSUs were confined to those core and strategic industries that would not be touched by the private players like Railways,Coal and Oil,Heavy Industries,Forest industries,etc. due to heavy investment required along with a lot of time to complete and humongous risks involved that could lead to heavy loss if went wrong and also the private players lacked the expertise for the same.
Therefore,the public sector(govt.) entered the same and began the development.
The later or second phase witnessed steps like nationalisation of industries,sick units being taken over by private players,and the public sector entering into many other fields like manufacturing consumer goods,consultancy,contracting and transportation,etc.

Thus according to Industrial Policies taken out from time to time, there were three categories that industries were classified into with respect to the State's role:
i) Schedule A category was reserved for the future development of those industries that would be the exclusive responsibility of State.
ii) Schedule B category included Enterprises whose initiative of development would be driven principally by the State and then private participation would be allowed to supplement the efforts.
iii) Schedule C included remaining industries left to the private sector.

The latest Industrial policy of  1991 has thus under collapse of socialist model of development,non fulfillment of stated objectives of the State of PSUs leading to low growth,underdevelopment and Liberalisation,privatisation and globalisation principles brought in fundamental changes in the approach of public sector responsibilities and priorities where the role of the State is rolled back and restrictions removed along with New Public Management,Public Choice theory and Public-Private Partnership theories and practices taking over.







FORMS OF PUBLIC SECTOR UNDERTAKINGS IN INDIA:
i) Public Sector Enterprises - Where government (state or central or both) hold at least 51% shares. Its forms of organisation are Departments,Corporations,Company,Joint Enterprise,Development corporation. For details please refer to the classifications of the above mentioned in a previous post on this blog titled "Organisations"- 


( http://publicadministrationtheone.blogspot.in/2012/07/organisations-theories-systems.html ) 

and also refer to conferring of statuses  


http://en.wikipedia.org/wiki/Navratna


ii) Central Public Sector Enterprises - Classified into Strategic and Non Strategic. Their areas are: Arms and Ammunitions and allied items of defence equipments,defence aircrafts and warships. Atomic energy(except in the areas related to the operation of nuclear power and applications of radiation and radio-isotopes to agriculture, medicine and non-strategic industries). Railways transport. Further conferred with Maharatna,Navratna,Miniratna status,refer  


http://en.wikipedia.org/wiki/Navratna



iii) Public Sector Banks - Banks where government holds more than 50% or majority stake. 

Refer:

http://en.wikipedia.org/wiki/Public_sector_banks_in_India


iv) Section 25 Companies -
Public Sector Enterprises having objects to promote commerce, art, science, religion, charity or any other useful purpose and not having any profit motive can be registered as non-profit company under section 25 of the Companies Act, 1956.
This section empowers the Central Government to grant a licence directing that such an association may be registered as a company with limited liability, without the addition of the words `Limited' or `Private Limited' to its name.
Such companies are also called as the Non-profit or 'No Profit - No Loss' companies.







CHANGING SCENARIO OF PUBLIC SECTOR UNDERTAKINGS IN INDIA:
Their elevated status as drivers as economy was romanticist in approach and thus led to issues like over staffing ,corruption,wasteful practices,lack of work culture and motivation were unchecked and systematically ignored by the government and led to the subsidisation of these concerns by them. This led to permanent drainage on the exchequer. thus instead of socialist attitude these PSUs were developing an attitude of Statism with all its dangers.

Many reports and committees followed to understand the issue and these were the results:
i) Persistently loss making units that are irretrievable and either need to be disposed off or handed over to private sector for overhaul.

ii) Diversification into activities like producing bread and foot wear,where public enterprise intervention is superfluous.

iii) High wage bills to the total neglect of productivity.

iv) Under utilisation of capacities

v) Hasty nationalisation of sick concerns that ultimately turned out as an incentive for unscrupulous capitalists to bleed the enterprise white in the hope that once sick,the Govt's intensive care unit would automatically jump to rescue.

vi) Unprofessional personnel practices

vii) Appointment of politicians as part time chairmen

viii) Low calibre of senior executives

ix) Excessive rules and regulations causing red tapism

x) Non cooperation from controlling economic ministers residing in New Delhi

xi) Poor infrastructural linkages among various segments like power,coal,steel,cement,irrigation,transport and communication.

xii) Wrong product mix which saddles the public sector with unsold stock.

xiii) Obsolete technology

xiv) Unclear definition of objectives.

xv) Low profitability which is an impediment to successful plan implementations. THis is because of contradictions and dilemma in the socio economic objectives of the PSUs due their obligation to provide employment to a large base instead of profitability as well.

xvi) They are not permitted to change their economic prices for the services they render and goods they supply.






 PROBLEMS OF AUTONOMY IN PUBLIC SECTOR UNDERTAKINGS IN INDIA:
i) Chief executives of the PSUs not given a fixed tenure thus hampering policy stability and continuity in a definite manner.

ii) Minister allotted to the undertaking has full authority to terminate Chairman or Director or Chief Executive.

iii) Due to a short tenure (As per a Standing conference on Public Enterprise the average tenure is only 2 years) the Chief Executive is under constant pressure to show short term results at the cost of long term disadvantages.

iv) Many Committees have recommended that the procedure of contract termination of a CEO should be same as the appointment procedure,i.e. by an appointment committee of the cabinet's recommendation. This recommendation has been somewhat implemented by the Central government but with certain conditions.

v) Directors appointed by the government to the Board of Directors of PSUs try to influence the decision making process of the board without accepting responsibility at the end creating a lot of interference in their independent functioning and economical inititatives.

vi) Control from above is a big impediment in the functioning of PSUs as whenever a new project is taken up by a PSU it has to go through Expenditure Finance Committee and Project Investment Board which is very cumbersome and causes unnecessary delay and authoritarianism.

vii) No definite criteria for evaluation of performance of PSUs. On the basis of The Sen Gupta Committee recommendations certain memoranda of understanding have been signed with the PSUs and Central Govt. and State Govt. Recent one is between the Central Govt. and SAIL.

viii) Nepotism and favourability in PSU appointments by politicians leading to inefficiency and incompetency in functioning. Therefore merit should only be the criteria for selection.

ix) No proper retention policies for retaining competent staff from the lure of lucrative private offers.
x) Lack of corporate planning,inventory management,paucity of resources,not up to the mark pay scales,delay in project implementations.

xi) Lack of authority in taking a commercial mode in areas where opportunities exist for profit making and thus gets caught in bureaucratic and political red tapism thus keeping it bureaucratic in nature instead of a complementing approach of profitability and social obligations.

Another very good and effective measure to increase autonomy of PSUs introduced is the conferring of Navratna,Maharatna and Miniratna status to them.






ACCOUNTABILITY AND CONTROL OF PUBLIC SECTOR UNDERTAKINGS IN INDIA:
The Parliamentary Committee on Public Undertakings since 1963 is a mechanism of accountability and control of parliament over the PSUs. Every year,it submits 6 reports that educate the public opinion but that is all what they seem to do. The latest device invoked to enforce accountability is a memorandum of understanding between the PSU/PSE and its undertaking Ministry. Since 1989 PSE in India had been put under a notice as it were to show results and in 1990 and 91 about 95 enterprises have signed MoUs. Latest is SAIL MoU with the Central Govt.
This has given these Undertakings and Enterprises necessary freedom as well as a clear defined objective to follow that are practical as well as the necessary control and accountability of PSUs to the people through the Parliament thus avoiding misuse of their powers.






IMPACT OF LIBERALIZATION AND PRIVATISATION ON PUBLIC SECTOR UNDERTAKINGS IN INDIA:
on 24th July 1991,the New Economic Policy was announced to be followed from there on that has been advocating for public sector reforms.

Under collapse of socialist model of development,non fulfillment of stated objectives of the State of PSUs leading to low growth,underdevelopment and Liberalisation,privatisation and globalisation principles brought in fundamental changes in the approach of public sector responsibilities and priorities where the role of the State is rolled back and restrictions removed along with New Public Management,Public Choice theory and Public-Private Partenership theories and practices taking over.

All theorists and experts have been propagating the need for the above mentioned. Also under the new economic policy,1991, there has been massive restructuring organisational set up,financial restructuring,introduction of modern management practices,greater autonomy for PSUs,disinvestments of public enterprises to raise resources for other needs and encourage wider citizen and worker participation in the ownership of industries that were under govt. monopoly,MoUs signed between PSU & PSE and centre and state govts greater efficiency,autonomy and accountability,and privatization.

There will be no further nationalisation pf private sector industries. Sick units are being referred to the Board Of Infrastructure,Finance and Reconstruction and consequent to this policy the Sick Industrial COmpanies Act 1985 was amended in 1991 to implement the same. As on March 1996, 56 sick units have been referred to the BIFR. To provide safety to these sick units' employees, the govt. created the National Renewal Fund under administrative control of the Ministry Of Finance.

Full finance and operational autonomy has been granted by Union govt to the nine leading PSUs through the Navratna status and the lesser autonomy status conferred on others under the Maharatna and Miniratnas status. These are only granted to profit making PSUs and Undertakings thus saving them from red tapism and process of going through the Expenditure Finance Committee and Project Investment Board (EFC & PIB) and will be free to raise resources domestically as well as internationally and enter into financial and technical joint ventures with them.

Even though the PSUs would continue to be audited by CAG and Parliamentary Scrutiny,there will be appointment of eminent part time directors to their boards to reduce the domination of government nominees.

Thus LPG into the economy has definitely helped the efficiency and growth of PSUs in India. However,private support under guidance and facilitation of State is more needed then privatisation of public enterprises as that will lead to a total domination of market in our economy which is not favourable. There is still a need to reduce bureaucratic way of functioning and upgrading the techniques of management and technology and also more effective accountability,retention and pay policies.

PSUs are still very important as they play a very important role in neutral and impartial implementation of a planned economy as well as socio-economic development and justice and regulating the monies in the economy efficiently.

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