GOVE RNANCE

Lavkush Pandey
MA: Political Science
dm.lavkush@gmail.com
Welcome to the notes of Lavkush Pandey! In this document, you will find a comprehensive summary of the key concepts
and ideas discussed in our lectures and readings. As a diligent student, I have taken detailed notes to capture the most
important information presented in class, as well as my own insights and reflections.

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covered. Whether you are a fellow student preparing for UPSC or someone looking to expand your knowledge on a
particular subject, these notes are a valuable tool for your learning journey.

Throughout these notes, you will find clear and concise explanations of complex ideas, as well as examples and case
studies to help illustrate important concepts. I have also included my own commentary and analysis to provide
additional context and insights.

I hope you find these notes helpful and informative. Please feel free to reach out to me if you have any questions or would
like to discuss any of the topics further. Thank you for reading, and best of luck in your studies!

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 GOVERNANCE

The Article 37 mandates that the principles of DPSPs shall serve as a benchmark while exercising
governance in India. Government is a group of people who had the authority to govern. Governance
is the manner of governing and the process by which decisions are implemented.

UNDP -United Nations Development Program defines governance as the exercise of economic and
political and administrative authority to manage a country's affairs at all levels. It comprises
mechanisms, processes, and institutions through which citizens and groups articulate their
interests, exercise their legal rights, meet their obligations, and mitigate differences.

Democratic governance: It is a system of governance where institutions function according to the

democratic process, and norms both internally and in their interaction with other institutions. The
Democratic governance is the participation of citizens in decision-making, constant feedback, etc.
The idea of welfare should be complementary to governance.

The democracy index is released by the economist intelligence unit on categories such as pluralism,
civil liberties, and political culture.

Four categories of democracy:

o Full Democracy.
o Flawed Democracy.
o Hybrid Regimes.
o Authoritarian Regime.

India is ranked 46th under the category of flawed democracy.

Good governance: 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
enabling an environment conducive to the enjoyment of human rights promoting growth and
sustainable human development.

The UNDP has recognized 8 core characteristics of good governance:

1. Participatory governance: It is engaging people in decision making execution and monitoring of
government activities through participatory governance. The Participation is pertinent to democratic
governance without which the government shall turn autocratic. Participation promotes accountability,
responsiveness, legitimacy, ease of governance, etc. The Democracy can be direct as well as indirect. The
tools of direct democracy are-Initiative, recall, plebiscite, and referendum. Mygov. in is a giant leap
towards participative governance by achieving the following -
 It promotes citizen engagement in policy formulation and the opinion of people on the issue
of public interest.
 It empowers people to connect with the government and contribute towards good
governance.
2. Consensus oriented: Good governance promotes the mediation of various social interests in order to
achieve a broad consensus. The consensus-oriented governance could be led to better acceptance and
implementation of policy and programs. Examples- The empowerment of gram Sabha in scheduled areas
through Panchayat extension to the Scheduled Areas Act. The Gram Sabha is involved in the identification
of beneficiaries consulted before land acquisition etc.

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 3. Transparent: The idea of transparency is how decisions are taken and implemented and proactive
disclosure. The RTI Act is a giant step towards transparency in governance. Transparency also
democratizes the governance process.
4. Accountability: The acceptance and assumption of responsibility for actions, decisions, and policies is
accountability. The key elements of accountability are records maintenance, penalty, holding
accountable, reforms, etc. The following initiatives to note accountability - Citizen’s charter, RTI Act, e-
governance initiatives, civil society initiatives, etc.
5. Responsiveness: Institutions and processes must strive to represent all stakeholders and address the
issues within a stipulated time frame. Example- The Bihar Right to public services act - where citizens
have the right to demand services and seek the addressal of their grievances within the stipulated time.
The Initiatives such as Centralized Public Grievance Redress and Monitoring System (CPGRAMS) is
an online platform available 24*7 for citizens to lodge their grievances.
6. Rule of law: The legal structure must follow the provisions of law and rule of law was propounded by
A.V. Dicey with three proponents.
 Absence of arbitrary power (No person can be punished except for breach of law).
 Equality before the law.
 The primacy of the rights of the individual.
7. Equitable and inclusive: The principles of equity promote the following concepts:
 Like should be treated alike and unlike should not be treated alike.
 People placed in similar circumstances shall be treated similarly.
 Mandal Commission stated that "there is equality only among equals, to equate unequals is
to perpetuate inequality".
8. Effective and efficient: The resources and the outcome must be matched, keeping in mind environmental
conservation.

Features of good governance:

 Reducing inequalities.
 Good business environment.
 Freedom of speech.
 Safety of life and property.
 Development of basic infrastructure.
 Good education and greater employability.

2nd ARC on good governance: The second ARC in its 12th report "Citizen-centric Administration"
highlights the following barriers to good governance:
 Red-Tapism: The complexity of rules and procedures, and non-risk-taking attitudes toward
governance lead to policy paralysis.
 Lack of accountability.
 Low level of awareness among citizens about rights and duties.
 Repeal of archaic laws: The laws should be harmonized with the contemporary dynamics
of markets, demands of the citizens, etc.

Role of PRIs in good governance: The transformation of India depends upon rural transformation
and good governance at the grass root level. It is expected that a substantial population will shift to
urban areas, still, rural governance will remain imperative for democratic decentralization.
Empowerment of gram Sabhas.

Resource efficiency - Pimpri Gawali in Maharashtra achieved water security in a short span due to
the participation of gram Sabha. The health ministry's micro plan for curbing local transmission of
coronavirus disease placed panchayats at the forefront of increasing community mobilization.

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 Odisha state also promoted the delegation of powers upon the sarpanch to impose quarantine in the
village. Ministry of Panchayati Raj (MoPPR) has launched the eGramSwaraj web portal to bring
transparency through de-centralized planning, and progress reporting to enhance the credibility of
panchayat. It will have the features like panchayat profile, planning, progress reporting, accounting,
asset directory.

Good governance indicators: The worldwide governance indicator takes six dimensions of
governance - Voice & accountability, Political stability and absence of violence, Government
effectiveness, Regulatory qualities, Rule of law and Control of corruption. Worldwide governance
indicator is released by World Bank.

Stakeholder of governance: The following key stakeholders of governance are relevant:

 State - The role of the state has metamorphosed post-1991, which is still in the process. The state has
changed from directly providing services to facilitating the growth of the market.
 Market - It involves the private sector, NPO (Non-Profit Organisations).
 Civil society - Civil society is an active citizenry.

Governance issues:
 Political issues- Identity-based politics (caste, religion, etc.), excessive use of ordinances, criminalization
of politics, low voter turnout, etc.
 Legal issues- Pendency of cases, undertrials, judicial infrastructure, custodial death, judicial overreach,
etc.
 Economic issues- Fiscal deficit, current account deficit, inflation, NPAs, underemployment, skill
development, etc.
 Social and environmental issues- Pollution, caste-based discrimination, etc.

Way forward: The governance should be promoting qualitative outcome. Strengthen constitutional
and other institutions. The role of civil society should be promoted. The rule of law should be upheld.
The initiatives such as "good governance day" is celebrated on 25th December. Initiatives under
"maximum governance, minimum government", where the following steps have been taken -
Reducing the layers of decision making, Merging ministries and departments and DigiLockers,
DigiYatra, CoWIN, etc.

Right to information: Thomas Jefferson said that "Information is the currency of democracy". The
informed citizenry will translate into a vibrant democracy.

Objectives of RTI: To set out a practical regime of right to information for citizens. To promote
transparency and accountability. Democracy requires an informed citizenry and transparency of
information. To contain corruption. Uphold ideals of democracy and republicanism.

Supreme Court judgments: The apex court in the Bennett Coleman case held that the right to
information is within the ambit of speech and expression. Indian Express newspaper case, the
basic purpose of freedom of speech and expression is that the members should be able to form their
beliefs and communicate them freely. One of the fundamental principles involved in this is people's
right to know. In the SP Gupta case, the apex court held that the people have the right to know
about public acts and transactions by public functionaries. In the Kuldip Nayar case, the apex court
held that secrecy becomes a source of corruption; the sunlight and transparency can remove it.

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 Public authority: The definition of public authority is in Section 2(h) of the RTI Act 2005: A body
or authority or institution of self-government established - By or under the constitution, by any law
made by the Parliament or state legislature and by notification issued or order by the appropriate
government which is owned, controlled, or substantially financed by the government.

Section 2h & CIC (central information commission): The political parties qualify as the public
authority under section 2h of the RTI Act 2005 as ruled by CIC in a landmark verdict on 3rd June
2013.

Reasons are given: The political parties are exempted from paying tax under section 13A of the
IT Act 1961. Income from donations of electoral trust, distributing its income contributions to
political parties is also exempted under 13B.Under section 80GGB, the sum contributed by any
political party is also exempted. Thus, the wide tax exemption given to political parties is
substantial funding by the govt. The political parties recognized at the national level are allotted
land/bungalows free of cost for conducting their political activities and the same is in the state
capital for state-recognized parties. Therefore, public resources are being invested in these
political parties. The recognized parties are also allotted slots on AIR and Doordarshan.
Therefore, the political parties fall within the ambit of the RTI Act on two grounds such as -
Substantial financing and Performing roles of public character.

The political parties till now have shied away from complying with CIC orders. The apex court has
agreed to hear a petition to bring them under the RTI Act. The political parties under the RTI Act
would lead to- Promote inner-party democracy, Transparency in political funding and the
expenditure will also be in the public domain.

Way forward: Section 2h can be amended to explicitly provide for political parties. Political parties
should opt for proactive disclosure. It will bring more transparency in public life.

The apex court in a landmark verdict named Central Public Information Officer SC Vs Subhash
Chand Agrawal held the following:
o Judicial independence does not stand in contradiction with the need for transparency.
o The information is to be disclosed or not must be decided on a case-by-case basis.
o The apex court upheld the Delhi HC judgment and directed the CPIO to reveal information about
personal assets.
o The office of CJI being brought under the purview of the RTI Act has led to wider judicial
transparency.

Obligation of Public information officers (PIO): The Act mandates the designation of Public
information officers. The information has to be revealed as expeditiously as possible but not
beyond 30 days of receipt of the request. The information related to life and personal liberty shall
be provided within 48hr of receipt of the request. Section 4 of the Act provides for proactive
disclosure.

Exemptions from the disclosure of information: Section 8 of the Act is dealing with exemptions
to disclosure. The following set of information is exempted from disclosure to any citizen:
o Information affecting the sovereignty and integrity of India.
o Information explicitly forbidden by the court.
o Information held in a fiduciary relationship.
o Information related to a commercial contract, trade, and sector.

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 o A public authority may allow access to information if the public interest in disclosure outweighs the
harm in-protected interest.

2nd ARC recommendations on RTI Act: The 2nd ARC in its first report titled 'RTI - Master Key to
good Governance' made the following recommendations:
o The Official Secrets Act is a colonial legacy.
o It is too broad and vague, giving rise to arbitrariness.
o At least one day of training should be given to all govt. employees with respect to RTI.
o Bring armed forces under the purview Act.
o The Suo-Motu disclosure information should be promoted.

The Official secret act has certain provisions such as: The definition of prohibited place in
section 2 is too wide. Section 3 of the Act provides for passing over in the vicinity of prohibited places
is not allowed. The Act punishes communication which may even prove detrimental to investigative
journalism and whistle-blowing.

Amendments in RTI act in 2019: The tenure of central information commissioners and
information commissioners shall be such as prescribed by the central govt and not statutorily
guaranteed. The salaries and allowances of CICs and ICs shall be such as prescribed by the central
govt but cannot be varied to their disadvantage. The federal concern such as the state information
commissioners shall also be decided by the central govt.

Issues in RTI act: The vacancies at CICs and SICs should be filled on time and govt should take
initiative before the completion of the tenure. The frequent invocation of section 8 due to its
subjective language is detrimental to the free flow of information. The appointment to CICs and ICs
should be from wider sections of society rather than civil servants only. Lack of proactive disclosure.
The staff skill upgradation and training of staff with technology is lacking. Killing of RTI activists.
As per Satark Nagarik Sanghatan and the Centre for Equity Studies the top states with respect
to pending appeals are Maharashtra and UP. The RTI Act has also faced challenges due to a lack of
public awareness, and unnecessary/vindictive information being sought.

Citizen’s charter (CC): The Citizen’s charter is an instrument that seeks to make the organization
transparent, accountable, and citizen-friendly. The John Major govt. in the UK introduced the
concept of Citizen’s charter. The conference of CM in 1997 decided to formulate a Citizen’s charter,
especially in that sector that has a large public interface. As per the 2nd ARC, CC is a set of made
by an organization regarding the standard of services which it delivers. CC is a document that
outlines the commitment of the public body towards standards quality time frame of services and a
grievance redressal mechanism. The term citizen implies clients/customers whose interests and
values are addressed by CC. Therefore, it includes all stakeholders such as customers, clients,
beneficiaries, organizations, etc. Term person includes natural person + artificial person in Art 14
but in Art. 25 it concerns only natural person.

The CC has not been given statutory recognition in India. The nodal dept is the Dept of
Administrative Reform and Public Grievance under the Ministry of Personnel, public
grievances, and Pensions.

The 2nd ARC has identified the following principles of CC:

o Set the standard of service.
o Open and full information.

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 o Consult and involve.
o Encourage access and promote choice.
o Treat all fairly.
o Put things right when they go wrong.
o Use resources effectively.
o Innovate and improve.
o Work with other providers.

The essential features of CC are as follows:

o Set of standards for service delivery-It exhibits appropriate, reliable, and transparent service
quality standards that can be expected from service providers.
o The choice and communication with users-consumers should be offered with a choice of services.
o Friendly and amicable service delivery-The service should be added by the chapter to be delivered
in a friendly manner.
o Clear and transparent-The CC should be precise incorporating information about time, place, and
other aspects of service delivery.
o Grievance redressal mechanism-There should be a detailed grievance redressal mechanism and
time of disposal.

Issues with the Citizen’s charter: The lack of awareness among the masses. Not available in
vernacular languages. Poorly designed and not up to the standard. No statutory backing. Not
regularly updated.

Ways to improve and make it more effective, as recommended by the 2nd ARC: Wider
consultative mechanism and interaction with Civil Society organizations while drafting Citizen’s
charter. One Size Fits All Approach should be avoided, and the capabilities, resources, and resources
of the organization are different. Therefore, there should be a tailormade approach rather than a
uniform Charter. Periodic upgradation should be done. The Citizen’s charter should be made
effective with penalties for not fulfilling the Charter commitments. Proper grievance redressal
mechanism.

The 2nd ARC has also highlighted 3 key components in its 12 th Report: Citizen’s charter,
Service Delivery Capability, and Public Grievance Redressal.

The above three are recommended by the 2nd ARC as key components of the Sevottam Model.
Mahatma Gandhi emphasized Swaraj. The Sevottam Model has been promoted in government
organizations and the Bureau of Indian Standards (BIS) released the hallmark for organizations
that are to be awarded the Sevottam Symbol of Excellence. The Citizen is always at the heart of
the service delivery mechanism.

2nd ARC’s seven-step model for Citizens-Centricity: Define all services which you provide and
identify your clients. Set standards and norms for each service. Develop capabilities to meet the
standards. Perform to achieve the standards. Monitor performance against set
standards. Evaluate the impact through an independent mechanism. Continuous improvement
based on monitoring of results.

Social Audit: It is a democratic tool whereby grassroot people themselves participate in assessing
the efficacy of the scheme implemented in their area.

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 Benefits of Social Audit: Promotes transparency and accountability. Empowers the Gram Sabha.
Strengthens vulnerable sections and disadvantageous groups. It brings professionalism through
maintenance and records.

Section 17 of MGNREGA provides for social audits of all projects under the scheme. It casts a
responsibility upon Gram Panchayat to make available relevant documents to Gram Sabha.

Issues with Social Audit: Social Audit provisions are not properly implemented due to a lack of
awareness among the masses. The Social Audit is also not properly conducted due to a lack of skilled
professionals. The elected representatives are also not properly trained. The Meghalaya
Community Participation and Public Services Social Audit Act, 2017 is an example of statutory
recognition of social audit, not confined to MGNREGA only.

Social Accountability: It promotes obligation and responsibility on the part of the government to
be answerable to citizens for its actions.

Key principles of social accountability: Information, Participation of Citizens, Citizen’s right to

be heard. Collective platform, and Protection of citizens.

E-Governance: E-governance is defined as the use by government agencies of information

technologies that can transform relations with citizens, businesses, and other arms of
government. The World Bank has also identified information technology such as the internet,
mobile, computing, and wide area networks. E-governance in contemporary times can play a big
role in transforming governance and enhancing citizens-centricity in administration.

Features of E-governance:
 Simple: This means simplification of rules and procedures and making them user-friendly.
 Moral: stands for values and ethics, and anti-corruption initiatives.
 Accountable: use of ICT for establishment and measurement of performance.
 Responsive: sensitivity towards the aspirations of the people.
 Transparency: it promotes openness with initiatives such as RTI.

Benefits of E-governance: The citizen-centric administration and the demand of the citizens rising
continuously requires better use of technology. The corruption-related challenges can be tackled by
promoting accountability and transparency. It will simplify the processes and rules with an easy
interface. Plugging loopholes, e.g. linking Aadhar with LPG. Citizens empowerment through easy
access to information. The certainty with respect to rules, etc. Better business interface and
improving the ease of doing business. Personalized healthcare: Ayushman Bharat Digital
Mission. Environment friendly. Easy Grievance Redressal, etc.

Recommendations by 2nd ARC: To promote capacity building. To create awareness among

citizens. To develop technological solutions. There should be periodic monitoring and evaluation. E-
governance should ultimately benefit citizens. Ultimately benefit citizens.

Issues & challenges: Digital literacy must be increased. Differential access to technology. Lack of
content in vernacular languages. Privacy concerns and security of the database. The issues such as
complex interfaces and easy access are missing at times. Internet speed also varies, etc.

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 Models of e-governance:
o Government to citizen: Government facilitates governmental services through the use of ICT, thereby
promoting accountability ease of access, transparency quick resolution, etc. Survey of Villages and
Mapping with Improvised Technologies in Village Areas (SVAMITVA)
o Government to businesses: The information-sharing infrastructure and interface with business have
to be improved through the use of E-governance. Example - Single window interface for trade
(SWIFT). Online GST filing, etc.
o Government to government: It promotes the use of e-governance for the coordination between
ministries, departments, and governmental periodic evaluation. For example - e-Samiksha, Public
Finance Management System introduced by CAG.
o Government to employees: It promotes better human resource management. Initiatives like
Government Instant Messaging System (GIMS).

Major e-Governance initiatives:

o PRAGATI - Proactive Governance and Timely Implementation: It is a multi-modal platform based on
ICT promoting better monitoring and implementation of projects.
Objective: Project monitoring, project implementation, grievance redressal. It is a portal that promotes
interaction and monitoring by the PMO, w.r.t secretaries of ministries and departments, and state chief
secretaries.
o Pradhan Mantri Gramin Digital Saksharta Abhiyan: To provide digital education, duly certified by
third-party agencies to improve digital literacy in rural areas and bridge the digital divide. Non-
smartphone uses, Antyodaya Households, College Dropouts. The purpose is to make persons digitally
literate. To operate computers, and smartphones, and use IT effectively. The Digital India mission is
the flagship program of GOI.

Digital India: The Digital India Mission is primarily to transform India into a digitally empowered
society and knowledge economy.

Vision of Digital India: Digital infrastructure as a utility to every citizen. Governance and
Services on Demand. Digital Empowerment of Citizens.

Nine Pillars of Digital India:

 Broadband Highways.
 Universal Access to Phones.
 Public Internet Access Program.
 E-Governance: Reforming government through technology.
 E-Kranti- Electronic delivery of services.
 Information for All.
 Electronics Manufacturing: Target NET Zero imports.
 IT for jobs.
 Early Harvest Programmes.

Issues and Challenges of Digital India: A skilled workforce is required and it is necessary for the
development of digital infrastructure and its use. The issues such as the digital divide also need to
be tackled. The rise of the digital economy has led to digital fraud which requires effective awareness
and technological improvements. Internet speed in India is key to digital initiatives. The advent of
the pandemic led to an increase in the use of technology for a variety of services such as e-Court
hearings, online classes, meetings, etc. But it also exhibited a deep digital divide. The efforts
gained during the pandemic should be sustained.

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 E-governance and Internet Shutdown: An internet shutdown is an interruption in internet
services for a particular time period. Internet shutdown affects freedom of speech and expression,
freedom of trade, occupation, profession, etc. The internet shutdown can be traced to the following
legal provisions:
o Indian Telegraph Act 1885: Section 7 of the Indian Telegram Act provides for the
temporary suspension of telegram services. The union home secretary or the state home
secretary is empowered in this regard. It has to be reviewed by a committee.
o Information Technology Act, 2000: Section 69 A empowers the government to block a
particular website. The Act also provides for the intersection of communication on certain
grounds.

Reasons for Internet shutdown:

 Maintain public order.
 Avoid the spread of fake news.
 Sovereignty and integrity of India.
 According to Internet Advocacy Watchdog Access Report, India has the highest number of
internet shutdowns.
 The telecom services including internet shutdown are governed by the Temporary
Suspension of Telecom Services (Public Emergency and Public Safety) Rule, 2017
under the Indian Telegraph Act, 1885.

Anuradha Bhasin vs. UoI Case: It is an extremely restrictive step. And the test of necessity and
proportionality should be satisfied. The balance should be between the rights of citizens and
national security. If there is a genuine threat to public safety and national security then an internet
shutdown is a reasonable restriction.

Way Forward: It should be used with utmost caution to mitigate threats. Shutdowns with steps
such as blocking certain websites and social media platforms, rather than wide shutdowns can be
an option. The economic impact of the shutdown should be better analysed. Proactive
intelligence from the beginning and tracking of key disturbing sources would mitigate the chances
of an internet shutdown.
Civil Society in India: Civil Society plays a key role in facilitating government-citizen interaction
by acting as a bridge, providing feedback, etc. Civil Society has been promoting qualitative and
quantitative changes. And also involved in public policy changes.

Pressure Groups: Pressure groups are groups of people who come together to promote their
common interests. They do not participate in the electoral process but affect governance. The PGs
act as catalysts in governance. They also formulate and build public opinion. They act as a bridge
in society.

Characteristics of Pressure Groups: Based on certain interests of a particular group to bring

about desired changes. They use modern as well as traditional means such as e-Campaign,
Lobbying, Public Debating, propagandizing, etc. They do not participate in the electoral process
directly but place their people in high offices. The Pressure Groups also play a key role in
representing the changing conscience dynamics and electoral changes are also affected by their
actions. Pressure groups are key to any liberal democratic state.

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 Types of pressure groups:
o Business Groups: They facilitate economic development, business growth, etc. For example, the
Federation of India Chambers of Commerce and Industry (FICCI), and the Association of the Chamber of
Commerce and Industry of India (ASSOCHAM).
o Trade Unions: they have been in existence since pre-independence. E.g. All India Trade Union
Congress.
o Agrarian Groups/Peasant Organizations: Bhartiya Kisan Sangh, Bhartiya Kisan Union, etc.
o Professional Associations: Indian Medical Association, Bar Council of India, etc.
o Socio-Religious Associations: Anglo-Indian Association, Parsi Central Association, etc.
o Tribal Associations: Tribal Sangha of Assam.
o Linguistic Groups: E.g. Tamil Sangha, Hindi Sahitya Sammelan, etc.

Issues and challenges: The Pressure Groups have at times narrow goals and limited ideological
and other commitments. They have been accused of lobbying. The pressure groups also are at times
involved in interfering with governmental policies, laws, etc. The pressure group functioning has to
be more democratic.

Non-Governmental Organizations: NGOs have been defined by the World Bank as organizations
that pursue activities to relieve suffering, promote the interest of the poor, protect the environment,
and undertake community development.

Promoting Community Mobilization: They supplement the efforts of the governments and are
strategic in development goals. In environmental-related issues, they play a key role and raise
public consciousness. The NGOs are also consulted in policy decisions. The role of NGOs is
instrumental in relief and charity, social consciousness, gender equality, child rights, immoral
trafficking, awareness, road safety, etc. The NGOs promote Bottom-Up Approach.

Role of NGOs: The role of the state is supplemented by the efforts of NGOs and they have also led to
changes through PIL, etc.

Amendments to FCRA Act: The administrative expense should be limited to 20 percent. The
Aadhar number of the office bearer must be provided. The foreign contributions must be received
only in the account designated by the bank as FCRA Account. The Public servants are prohibited
from accepting foreign contributions. The foreign contribution cannot be transferred to any other
person who is not registered. The government may suspend the registration for an additional period
of 180 days. The restriction on reducing administrative expenses may hamper the strategic
recruitment of a skilled workforce. The amendments could have been brought through wide
consultation with civil society. The provision of compulsory Aadhar details may be a breach of
privacy. In light of the news, of the need to regulate NGOs because they were, in some cases, involved
in fuelling environmental protests to halt the growth story. This can be seen as a way to regulate
such activities.

The Vijay Kumar Committee recommended the modernization of the registration process and
details of NGOs should be available in a searchable database. The 2nd ARC recommended a fine
balance between the purpose of the legislation and the function of the voluntary sector. 2nd ARC
recommended the decentralization and delegation of power to the state government and district
administration. 2nd ARC recommended that there should be the institutionalization of the
relationship between the voluntary sector and the government so as to promote the wider
interaction between the government and the civil society

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 Central secretariat: The totality of all ministries and departments at the union level is known
as the central secretariat. The cabinet secretariat is to assist the prime minister in his/her cabinet-
related responsibilities. The departments are headed by senior IAS officer who works under the
overall direction of the minister. The cabinet secretary is the chairman of the Civil Services Board.

Way forward: The ministries and departments performing similar functions should be merged. The
inverted pyramid structure is where more officers are involved in policy formulation than, policy
implementation. Effective implementation of RTI Act. The vacancy of officers especially of AIS
should be overcome through better coordination between the center and the states.

Split System: The policy implementation and policy formulation are handed out separately. The
split system is a British Lineage. In a split system, the line agency and the staffing agency are split
wherein the line agency is responsible for policy implementation while the staffing agency is for
policy formulation. Examples of staff organization, ministries departments, etc. Examples of line
agencies, collector’s offices, district food, civil supplies office, etc.

Tenure System: The tenure system is also known as the deputation system. Officers from different
states are given an opportunity to work in the central secretariat. The tenure system provides an
opportunity for the AIS and Group A officers to be posted with union government ministries.

Benefits of Tenure System: Public policies are formulated by those who have ground-level
experience. The national interest is promoted, it promotes coordination between the center and
states. Centre gets a wide pool in empanelment of IAS officers.

Issues with the tenure system: The states are reluctant to release their best officers at times. The
short tenure at the union level gives them little time to understand the nuance and challenges of
that particular ministry. At times, the officers are reluctant to go back to their parent cadre.

Public policy: Public policy is a fundamental guide to actions taken by various units of
government to achieve governmental goals. Public policy is a wide term that includes, laws, rules,
policies, etc.

Types of public policy:

o Substantive Policy: These are those policies that address the overall welfare and development of the
society and bring big changes such as education, employment opportunity, and economic stabilization.
Examples: Nationalisation of Banks, Right to free and compulsory education (Article 21A).
o Distributive Policies: They are intended for particular groups in form of public assistance welfare
schemes, etc. Examples: Pradhan Mantri Awas Yojana.
o Regulatory Policies: The regulatory guidelines are issued by independent organizations of various
sectors. Examples: UGC, SEBI, IRDA, etc.
Characteristics of Good Public Policy: Public policy should be drafted through wide consultation.
Public policy should be oriented towards citizen centrism. Public policy should be drafted keeping
futuristic goals and unforeseen circumstances. Public policy should have realistic goals and should
be drafted in synergy with other aspects. The planning in India has taken a fundamental change
where the planning was abolished to pave way for NITI Aayog. The planning commission is a top-
down approach and NITI Aayog is a bottom-up or fountain approach.

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 The NITI Aayog focuses on decentralized planning with short, medium, and long-term agendas.
Policies should be prudent from an economic perspective rather than politically motivated. The data
analysis and compilation of statistics should be to bring more professionalism and a better
understanding of ground realities. The feedback mechanism is missing along with dynamism.

Self-help groups (SHGs): SHGs are associations of people who come together from similar
economic backgrounds. They are self-governed and peer controlled.

The SHG leads to:

 Financial Inclusion
 Gender Equality
 Leadership Skills
 Financial Literacy
 Inculcate the habit of saving.
 They act as a pressure group
 Socio-economic mobility.

Issues: They lack the required skill set. There is a zeal but professionalism at times is lacking.
Patriarchal mindset and migration out of marriage

Role of civil services in democracy:

Civil Services in India: Democracy is an egalitarian concept where power rest with the people. The
role of civil services is both complementary as well as in conflict with the democratic spirit. The civil
services in India are part of the Permanent Executive. Civil services are merit-based in India.

The permanent executive has the following advantages: It provides stability in governance.
The merit-based selection is devoid of political partisanship. It provides continuity in governance.
It acts as a check and balances the political executive. Wider pool of talent becomes part of the state
and the best candidates are selected through a rigorous process. The civil Services are also deeply
involved in policy formulation, policy implementation and administrative adjudication. They play a
key role in making rules that are consistent with the parent act and are known as delegated
legislation. Civil servants uphold rule of law and are at forefront of crisis management.

Democracy and civil services are complimentary: Bureaucracy acts as a bridge between citizens
and government. Bureaucracy in India brings impartiality to Governance. The socio-economic goals
are pursued by civil servants and they promote inclusive democracy.

Civil services in conflict with democracy: The elitist outlook of civil services inherited through
the colonial mindset is yet to be get ridden off. Civil services also suffer from rigid organisational
structure and Red Tapism. The resistance to change is also witnessed. The centralisation of
power also dilutes accountability.

Provisions in the constitution:

o Article 310 - Every person who is a member of the defence service or civil services of the union holds the
post at the pleasure of the President (Doctrine of Pleasure). The members of the civil service of the state
hold the post at the pleasure of the Governor.
o Article 311 - No person who is a member of civil services shall be dismissed or removed by an
authority subordinate to that by which he was appointed. No person shall be dismissed or
Lavkush Pandey – dm.lavkush@gmail.com 14
 removed except after an inquiry in which he has been informed of charges against him and given
a reasonable opportunity of being heard.
o The Articles 53 and 154 - The executive power of the Union and State shall be vested in the
President and the Governor respectively, exercised by him directly or by officers’ subordinate to
him.

Ways to strengthen democracy through civil services: Insulate civil services from undue political
interference. The 2nd ARC suggested the establishment of a Civil Services Board to promote
political neutrality and impartiality. The Surendra Nath Committee recommended that
performance assessment should be used for the best utilisation of talent. Hota Committee
recommended that ICT should be used to make the government more citizen-centric efficient and
accountable. The Hota committee further recommended that there should be an objective
evaluation of civil servants and that honest civil servants should be protected from malicious
prosecution. The committee recommended a model code of governance to serve as a benchmark
for governance standards.

The common issues are - Lack of dynamism. Erosion of values and ethics. Corruption. Lack of
professionalism.

Role of civil servants’ post liberalisation: They facilitate progressive integration with the
global economy. Ensure a well-functioning market and a private sector. Provide opportunities,
and reduce market hurdles, promote the ease of doing business. They also serve as a catalyser to
make the business atmosphere conducive and also promote investment.

All India Services - Indian administrative services, Indian Police Service and Indian Forest Service-
promote national integration. They promote cooperative federalism. Uniformity in training and
professional standards. It promotes better and more inclusive administration, reducing regional
influence in administrative matters. A new all-India service can be created by Parliament after a
resolution to that effect has been passed by Rajya Sabha by a majority of not less than 2/3rd of the
members present and voting.

Issues with all India services: The issue of federalism w.r.t deputation of AIS officers, disciplinary
action etc. The AIS new cadre policy w.r.t different zones has also faced issues such as the
classification of states within the zones etc. The AIS also suffers from politicization and instances
of civil servants- politician nexus. The AIS also remain in news for corruption and many officials
have come under scanner by enforcement agencies. The common recruitment process for
administrative as well as police service is not in tune with the work profile. Therefore, the
examination process can be molded to take students with that academic bent and interest in the
profession.

The second ARC has made certain recommendations with respect to the reforms in civil
services - The new appointment should be for 20 years and the second review would be for fitness
in order to further continue with the job. To make the performance appraisal transparent and
consultative. There should be a comprehensive management system with new empirical
ratings. The commission also recommended domains where specialized knowledge is vital. The
appointment at a higher level should have domain competence. The position shall be made open to
officers of All India Services as well as central services. There should be minimum weightage to
interviews and discretion in the recruitment process.

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 The optional subject should be removed to provide for a level playing field. Comprehensive
management with numerical ratings should be introduced. The apex court in the TSR Subramanian
case directed the establishment of a civil services board, to consider the promotion and postings of
civil servants and to insulate them from undue political interference. The civil services board in the
state is headed by a chief secretary with members including senior most additional secretary or
chairman board of revenue or an officer of a comparable rank. The principal secretary or secretary
of the Department of Personnel will also be the member secretary of the civil services board.

The civil services board is necessary due to the following reasons: The untimely transfer
hampering the security of tenure affects governance, thus the Civil Services Board provides security
of tenure. It will insulate civil servants from political pressure. It will facilitate neutrality and
objectivity in their work. The Civil Services Board will also promote better positioning and posting
of civil servants as per their skill set, past performances, and inclination.

Lateral entry: Lateral entry is the recruitment of domain experts at the middle or senior level
administrative hierarchy through a direct process rather than a conventional entry mechanism. The
First ARC, Recognized the need for specialization as the functions of government become
diversified. The Surendra Nath Committee and Hota Committee have also recommended the
domain expertise. The Second ARC in its recommendations highlighted the lateral entry at both
center and state levels.

Arguments in favour of lateral entry: The Lateral entry provides for fresh induction into the
governmental setup and knowledge of experts from respective domains. It will deal with the
shortage of officers by filling vacancies. It will infuse competition in the existing civil services. It will
bring professionalism and widen the talent pool.

Challenges: The training module is short and they lack governmental experience. The Lateral
entrants lack grassroots experience. The idea of social justice is promoted through affirmative
action’s such as reservation, while in lateral entry there is no provision of reservation. The existing
bureaucracy is based on clearly defined hierarchies, wherein the lateral entrant may not be always
welcomed by the existing setup.

The tenure is very short to understand governmental functioning and they complete their tenure
after three years (although the government is extending the tenure). Existing civil servants also face
the issue of adjustment with the lateral entrants and the existing services code, ethics,
understanding, etc, may not be understood by the lateral entrant.

Way forward: The existing civil services should be reformed for better performance, skill
development, etc. The lateral entrants can be considered for mission-mode projects, public sector
organizations, etc. The strong management structure nurturing creativity in and timely
recruitment should be focused upon.

Mission KARMYOGI: National Program for Civil Services Capacity Building.

The national program was launched to achieve the following aim - Capacity building. Civil
services with the right mindset and expertise. Civil servants are more creative, positive, constructive,
and progressive.

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 Need - For capacity building. To deal with the lack of a learning environment.

Steps taken - Self-attestation by the government. No interviews in non-gazetted posts. Path

Breaking exercise Aarambh. A national recruitment agency was set up.

Vision - Capacity building civil services program.

Institutional structure:
The key module and institutional structure are as follows-
o Prime minister's human resource council - It is headed by the Prime Minister and acts as the apex
body to provide strategic direction to capacity-building reforms.
o Cabinet secretariat coordination unit - To monitor progress and execution and oversee plans.
o Capacity building commission - To harmonize training standards. To create shared faculty and
resources. Supervise central training institutions.
o Karmyogi Bharat SPV- under section-8 of the Companies Act, it will be not a profit company. The SPV
will own intellectual property rights on the behalf of the government of India. The iGOT Karmyogi
platform will include Digital e-learning.

6 PILLARS OF MISSION KARMYOGI:

o Policy framework.
o Competency framework.
o Institutional framework.
o iGOT Karmyogi.
o E-HRMS.
o Monitoring and Evaluation.

Mission Karmyogi will transform the professional outlook and attitude of the government
workforce. It will promote on-time service delivery, accountability, and transparency. The ultimate
aim is to ensure ease of living, ease of doing business, and citizen-centricity which is reducing the
gap between the government and the citizens.

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Lavkush Pandey – dm.lavkush@gmail.com 18