Kamal
Kamal
Submitted by
KAMAL.M
(Reg No. 47416550048)
Guided by
Dr. P G Balachandran
Assistant professor
CERTIFICATE
Date Principal
DECLARATION
Dr. P G Balachandran
Assistant Professor
Govt. Law College
Thiruvananthapuram
ACKNOWLEDGEMENT
I take this opportunity to express my gratitude to all who helped me bringing about
this Report.
I express my sincere thanks and whole hearted regards and thanks to Assistant
Professor Dr. P G Balachandran, who undertook the guidance of this training and
who gave the opportunity to undergo this training.
I would like to thank my parents and my friends who have influenced me throughout
the project.
The success of any work is based on the grounds of contributions made by various
personalities. I would like to express my sincere thanks to each and every one who
had directly or indirectly extended their valuable and encouraging support during my
internship report.
PREFACE
The role of the lawyers varies significantly across legal jurisdictions and
so it can be treated here in only the most general terms. In practice, legal
jurisdiction their right to determine who is recognized as being a lawyer. As, a
result, the meaning of the term layer may be very place to place.
ADVOCATE
Advocacy is the means by which a barrister puts their client's case to the
court, and may be both written and oral. It is a specialist skill, the quality and
excellence of which distinguishes the Bar from other providers of legal services.
Advocacy in all its forms seeks to ensure that people, particularly those who are
most vulnerable in society, are able to: Have their voice heard on issues that are
important to them. Defend and safeguard their rights. Have their views and
wishes genuinely considered when decisions are being made about their lives.
Advocacy in all its forms seeks to ensure that people, particularly those
who are most vulnerable in society, are able to:
ADVOCATE NOTICE
REPLY NOTICE
On the receipt of the notice, the other party may approach his Advocate
and will send a reply for the notice received to him is known as reply notice.
VAKALATH NAMA
(g). Plaint should contain those facts, which show the court has jurisdiction.
(i) When plaintiff has allowed set off or has relinquished a portion of his
claim, plaint should contain that amount, which has been so allowed or so
relinquished.
(j) Plaint should contain statement of value of subject-matter of suit not only
for purpose of jurisdiction, but also for purpose of court-fees.
WRITTEN STATEMENT
A written statement of facts confirmed by the oath of the party making it.
Affidavits must be notarized or administered by an officer of the court with
such appellant authority.The defendant shall, within thirty days from the date of
service of summons on him, present a written statement of his defence.
CASE DOCKET
OS 2/2014
OS 14/2014
OS 542/2015
OS 458/2016
OS 482/2017
OS 548/2017
RC 45/2015
RC 445/2016
RC 45/2017
IA 45/2017
IA 45/2017
IA 558/2017
EP in OS 455/2013
EP 545/2013
EP 54/2014
EP 455/2015
EP 54/2016
EP558/2017
ST 545/2013
ST 585/2015
ST 5855/2016
OP (Succession) 58/2015
OP(Succession) 4/2016
OP(succession)55/2017
CRIMINAL CASES
FIR:-
BAIL APPLICATION
IN THE COURT OF ____________, ADDITIONAL DISTRICT AND
SESSION JUDGE, _____________ COURTS, ____________
........... Petitioner
Versus
...........Respondent
U/s: ___________
P.S.: ___________
1. That the present application under section 439 of the Code of Criminal
Procedure 1973 is being filed by the Petitioner for seeking grant of bail in FIR
No. _________ registered at Police Station_______________. The present
petition is being moved as the Petitioner has been arrested on _________ (give
date) in connection with the said FIR. The petitioner is now in judicial/police
custody.
2. That the Petitioner is innocent and is being falsely implicated in the above
said case as he has nothing to do with the matter.
5. (Give all other relevant facts, which have led to the arrest or which show
the petitioner's innocence or disassociation with the alleged offence supposed to
have been committed)
6. That the Petitioner is innocent and no useful purpose would be served by
keeping him under custody and this is a fit case for grant of bail. (It would be
pertinent to mention as to the stage of investigation or in case the charge sheet
has been filed, whether charges have been imposed, evidence has started, the
length of the list of witnesses cited by the prosecution etc. as these would all be
mitigating circumstances)
8. That the Petitioner has not filed any other similar petition before this or
any other Honorable Court for grant of bail in case of the present FIR. (Or give
details and results of earlier applications)
PRAYER:
b. Pass any other such order as this Honorable Court may deem fit and proper
in the interest of justice.
LMN........Petitioner
Through
The procedure prescribed for summons cases is simpler and speedier than
that prescribed for warrant cases. Warrant cases as they deal with
offences graver than those in summons cases cannot be tried in the same
simple and speedy fashion as summons cases.
Greater opportunities for defence are offered to the accused in
a warrant case than in a summons case.
Unlike in a summons case a charge has to be framed in
a warrant case and the accused has also a right to reserve cross-
examination of the prosecution witnesses till a last stage. These are
substantial and valuable rights which an accused has if the procedure
prescribed in Chapter XXI is followed and he cannot be deprived of
them.
The difference between the two forms of trial is not therefore merely one
of form importing more irregularity curable u/S. 537of the Criminal
Procedure Code On the other hand, it is so vital that there is an almost
indefeasible presumption of prejudice to the accused if a warrant case is
tried as a summons case.”
An accused person gets (only one chance of cross-examining the
prosecution witnesses under the summons procedure whereas under the
warrant procedure he is entitled to cross-examine the said witnesses
twice, once before the framing of the charge and again after the charge is
framed.
In summons cases where the personal attendance of the accused has been
dispensed with, either under Section 205 or under Section 540-A, the
court should have a power to dispense with his examination; and in other
cases, even where his personal attendance has been dispensed with, the
accused should be examined personally.
COMPLAINT
A criminal complaint is a court document filed that accuses or charges a
suspect with committing a crime. Criminal complaints are usually filed by the
prosecutor in cooperation with the police. Sometimes the victim of a crime will
individually file a criminal complaint against a suspect. In many instances,
criminal trials start with the filing of the complaint.
SUMMARY TRIAL
A summary trial implies speedy disposal. A summary case is one which
can be tried and disposed of at once. Needless to say, the summary procedure is
not intended for a contentious and complicated case which merits a full and
lengthy inquiry.
CALENDER CASE
A list of cases that are awaiting trial or other settlement, often called a
trial list or docket.
ROLL CALL
ST 84/2014
ST 95/2014
CC 1291/2011
ST 76/2014
ST 75/2015
ST 63/2014
ST 76/2014
ST 82/2014
CMP 585/2016
CMP455/2016
CMP 54/2017
MC 455/2016
MC 56/2016
MC 458/2017
ST 84/2014
HARIPAD
POLICE STATION
INTRODUCTION
Police is one of the most ubiquitous organizations of the society. The
Police Men therefore happen to be most visible representatives of the Govt. in
an hour of need, danger, crisis and difficulty, when a citizen does not know,
what to do, and whom to approach, the Police Station and police men happen to
be the most appropriate and approachable unit and person for him. The Police
are expected to be the most accessible, inter active and dynamic organization of
any society. Broadly speaking the twin roles, which the people are expected to
play in a society are maintenance of Law and maintenance of order. The motto
of Police force is “Citizen First”
The Kerala State Police is the State Police for the state of Kerala, and is
responsible for statewide law enforcement. The Kerala State Police was formed
in 1956 after the taluk of in kasarkode the South Kanara district of Madras
Presidency, the Malabar district of Madras Presidency, and Travancore-Cochin,
without four southern taluks (which joined Tamil Nadu), merged to form the
state of Kerala under the States Reorganization Act. Kerala Police has its
headquarters in Thiruvananthapuram, the state capital. The head of the state
police is the Director General of Police (DGP). The current D.G.P. is Lokanath
Behera, IPS. The D.G.P. reports to the Chief Minister of Kerala, who is
the chief executive of the state.
Kerala State Police is the law enforcement agency for the state of Kerala.
Kerala Police has its headquarters in Thiruvananthapuram, the state capital.
Kerala Police has a reputation for being one of the best managed police
forces in the country, and one of the top-ranking states in terms of law and
order, in various social security rankings. Kerala police is also the first police
department in South Asia to undertake community policing.
The duty of police is to help secure the society in which the rights and
responsibilities of individuals, families and communities are properly balanced.
The main objectives of the police are to;
Keeping the above aspects in view, the General Executive Branch (Local)
of Police is associated with the general public in their day-to-day life. They
function with the object of safeguarding the life and property of the people and
providing them adequate security by preventing crimes. Functioning of the
General Executive branch is always under close scrutiny by the public in all its
aspects because the State has a responsibility to provide a standardized and
comprehensive Police service, which makes the public feel safe.
The state head of Kerala Police Force is State Police Chief belongs to
Director General of Police rank the officers of various ranks in ascending order,
be as follows:-
- Sri. K. Ajith
The feudal system which existed in ancient Kerala gave way to a new
structure under the Cheras, comprising Thara, Desomand Nadu ruled by
Madampi, Desavazhi and Naduvazhi respectively. They were entrusted with the
job of law enforcement, including awarding of punishments. The said rulers
awarded stringent punishments even for trivial offences and hence there was
substantial decline of crime rate. Foreign travellers who visited Kerala during
13th century had admired the structure of the Police-judicial system which
existed during that period.
Police in Travancore
The semblance of a modern police force was created in the late 19th
century under the British rule. Oliver H. Bensley became the first
Superintendent of Police for the state of Travancore in 1881. William. H.
Pittwas appointed the Police Commissioner of Travancore in 1921
In 1939 there was a major re-organisation of the Police System and the
post of Inspector General of Police was introduced.
Significant changes were made during 1939 in the General Executive Wing,
Criminal Intelligence Wing, Reserve Force, Special Police and Traffic Wing.
The total strength of Police personnel in 1947 was 3626. N. Chandrasekharan
Nair was appointed as Inspector General of Police and he took charge on 21st of
August, 1948. He continued as Inspector General of Police even after the
merger of Travancore and Cochin in1952 and he was appointed as the first
Inspector General of Police after the formation Kerala State in 1956.
Police in Malabar
Modern Police
The re-organization of the States in India which were formed on the basis
of language in 1956 had resulted in the formation of Kerala State on 1st
November 1956. Upon the formation of the State of Kerala, Travancore, Cochin
and Malabar areas merged though certain parts in those areas were separated.
The entire Police Establishment underwent major changes. The total strength of
the Kerala Police except M S P and Fire Force in 1956 was 11,312. Certain
special powers and functions were given to the Kerala Police by enacting the
Kerala Police Act of 1960. The First Women Police Station in India was
inaugurated by the then Prime Minister Smt. Indira Gandhi at Kozhikode in
1973. The designation of the Head of Police department was changed to
Director General of Police (D.G.P) in 1981. T. AnanthaSankaraIyer became the
first D.G.P of Kerala.
2 2 18 32 4
Taluk
Karthikapally
Villages
1. Karuvatta (Kara's - Karuvatta, Karuvatta North, Karuvatta South)
2. Kumarapuram (Kara's - Thamallackal North, Thamallackal South,
Pothappally)
3. Haripad (Kara's - Thulamparambu North, T.P. South, T.P. Centre)
4. Pallippad (Kara's - Naduvattom, Neendoor, Pallippad)
5. Chingoli (Kara's - Nangyarkulangara)
6. Karthkappally (Kara - Vettuveni)
Schools
1. NSS HSS, Karuvatta
2. NSS Girls HS, Karuvatta
3. KKKVM HSS, Ananthapuram
4. Govt. Girls HS, Harippad
5. Govt. Boys HSS, Haripad
6. High School, Naduvattom
7. Amritha Vidyalayam HSS, Haripad
8. SN Central School, Nangyarkulangara
9. Bathany Balikamadom HSS, Nangyarkulangara
10. Mannarasala UPS
11. Technical HS, Kumarapuram, Haripad
College
TKMM College, Nangyarkulangara
Hospitals
1. Taluk Govt. Hospital, Haripad
2. T.B. Clinic, Karuvatta.
Pilgrim Centres
1. Mannarasala Nagaraja Temple
2. Sree Subrahmanyaswamy Temple,Haripad
Railway Station
Railway Station, Haripad
Bus Stand
KSRTC Bus Stand, Haripad
Govt. Offices
1. Magistrate Courts
2. Taluk Office
3. Block Development Office
4. Sub Registrar Offices( Haripad, Cheppad)
5. Post Offices ( Haripad, Nangyarkulangara, Pallippad, Karuvatta and
Kumarauram)
6. Excise Circle Office, Haripad
7. BSNL Office, Haripad
8. Electricity Office
9. KSEB Sub Stations ( Nangyarkulangara, Karuvatta)
10. Govt. Hospital
11. Civil Supply Office.
12. Beverages Corporation outlet
13. Police Circle Office
14. Asst. Labour Office
15. Kerala Water Authority Office
16. Harijan Welfare Office
17. Sub Treasury
18. Co-Operative Inspectors office
19. Sales Tax Office
Panchayath Offices
1. Haripad-Special Grade
2. Karuvatta
3. Pallippad
4. Kumarapuram
Village Offices
1. Kumarapuram
2. Haripad
3. Karuvatta
4. Pallippad
Important Festivals
1. Mannarasala Ayilyam
2. Thyppoyam Kavadiyattom-Haripad Subrahmanya Temple
FUNCTION OF A LOCAL POLICE STATION
A Police Station of a locality or a village is the basic unit that looks after
the Law and order of that area. The Police Station is a symbol of safety and
security. Whenever a crime or unlawful activity takes place the person affected
should dial the telephone number ‘100’. A complaint lodged and Inspector or
S.I comes to scene of the crime as soon as possible. If the crime is serious, then
a FIR is lodged. In case of minor problem a complaint is written. The Police
investigate the matter and present before the court of law.
In Criminal Procedure Code (CrPC), the offences are divided into two
categories; one Cognizable and the other Non-cognizable. Police is empowered
to register the FIR and investigate only the cognizable offences. Police can
arrest an accused involved in cognizable crime without the warrant from the
Court.
6) Charge Sheet
It usually refers to one or more FIRs, and charges an individual or
organization for (some or all of) the crimes specified in those FIR(s). Once
the charge sheet has been submitted to a court of law, prosecution proceedings
against the accused begin in the judicial system.
7) Domestic enquiry
A domestic inquiry, in the context of human resource management, is a
search for truth, facts, or circumstances concerning charges alleged by the
employer against its employee. It is an inquiry held by the management against
its own employee against whom certain acts of misconduct are alleged.
8) Custody Memo
After arresting the accused a custody memo should sent to his relatives
regarding information of arrest.
9) Inspection Memo
After arresting the person the Police Officer can search the body of the
arrested one. Then wearing apparels, valuables, weapons, injuries etc should
take.
10) Finger Print References
A register of finger print search slip should be maintained in all Police
Stations, in which all finger print slips sent for search & their disposal will be
entered.
11) Inquest Report Police Form
It should contain 27 questions. Questions 22 to 26 apply the Railway
Police.
The Police Station is functioning on the basis of CrPC, Kerala Police Act,
All penal laws and all other laws enforced in India.
Police and various other bodies have powers of arrest, any person can
arrest "anyone whom he has reasonable grounds for suspecting to be
committing, have committed or be guilty of committing an indictable offence,"
although certain conditions must be met before taking such action
CONCLUSION
The duty of the Police is to help a secure, safe and just society in which
the right and responsibilities of individual, families and communities are
properly balanced. Museum Police Station has the primary responsibilities of
law enforced and investigation within the limits of Thiruvananthapuram. It
provide me an opportunity to study and examine the structure, function and
behaviour of museum Police Station
KARTHIKAPPALLY
GRAMA PANCHAYAT
INTRODUCTION
The acts laid the provision of a three tier system of Panchayath for the first time
in the village, block and district level in the rural areas and one tier system of
urban local government such as Municipality in the less urbanized areas or
Municipal Corporation in the more urbanized areas. Local governments were
vested with the powers and responsibilities of economic development and social
justice in their respective areas.Panchayath and the Municipalities altogether
constitute the Local Government System of Kerala state in the Indian federal
system
REPORT
a. Representative Functions:
The Sarpanch, Members and Gram Sevak represent the voice and opinion
of the village people on behalf of the Gram Panchayath to the Taluk and Zilla
level by attending the meetings or sending the official records.
After the explanation sir told me to legal research on the Kerala Panchayath Raj
Act, 1994. He had given certain question. I have find the legal provision from
theAct. Questions were from the powers of the Panchayath secretary, land lax,
electoral offence are some of the area covered.
I also got the chance to attend many land surveys conducted by the Panchayath
office. Now I have the clear cut idea about the Panchayath and its jurisdiction.
I also got the chance to attend an Adalat where the Panchayath was party of the
case.
Day 2:
As per the instruction of Cindu Balakrishnan visited the offices of the President
Shri K Damodharan. He briefed the powers and duties of office bearers and
representatives (Panchayath members) and also gave an idea of the
representatives from each ward.
Day 3:
Visited D&O License section. LD clerk Smt. Anusree was in charge. She
described the procedure of licensing of construction works. She showed me the
application forms and requirements for license.
Day 4:
Day 5:
I was assigned to study the Death, Birth and Marriage certificate section. LD
Clerk Smt. Devi was in charge. She was cooperative and showed me models of
these certificates and procedure of applying, filing and granting of death, birth
and marriage Certificate.
Day 6:
Visited plan section. UD Clerk Dasan was in charge. She elaborated the
functioning of the section. And she also said it is one of the main responsible
sections and informed me that in the previous year the Karthikappally Grama
Panchayath achieved 100% expenditure in plan implementation.
Day 7:
Day 8:
Day 9:
Heads
Day 10:
I was instructed to study the ICDS (Integrated Child Development Scheme)
programme and as the part of the study visited 3 Anganavadis at Vettuveni and
Muttam and Vettuveni.
Day 11:
Visited the CDS(Community Development Society) office and met the CDS
Chairperson Smt. Jayakumar. She briefed the functioning of the CDS and their
duties and powers and also informed me to attend the meeting of CDS on
15/4/2018.
Day 12:
Day 13:
Day 14:
REFORMS COMMISSION
INTRODUCTION
Administrative reform was a necessity in India when the country was making efforts to
change the colonial system of governance after independence.One of the earliest decisions of
Independent India as a part of Administrative reforms was socio-economic planning aimed at
the country’s development. The licence raj system that prevailed in the Indian economy
seems to have forged an unholy partnership between the bureaucrats and the political masters.
This type of domination led to the erosion of the real essence of the contradiction between the
constitution and public administration (Chattopadhay& Bagel, 2009). The aim of the
administrative committee is to review the working of the administrative machinery and the
systems , procedures and precedents under which it functioned with a view to assessing their
adequacy for a democratic government in a welfare state(Dubashi,1985). Administrative
reforms were suggested by a committee appointed by the Planning Commission and chaired
by A.D. Gorwala, a retired ICS officer, and Paul H. Appleby, an American expert of public
administration. Gorwala submitted two reports: Report on Public Administration (1951) and
Report on the Efficient Conduct of State Enterprise (1951). So did Appleby: Public
Administration in India Report of a Survey (1953) and Re-Examination of India’s
Administrative System with Special Reference to Administration of Government’s Industrial
and Commercial Enterprises (1956). The Gorwala committee report had taken the Nehruvian
context of a “mixed” economy with a dominant state sector and a coexisting private sector.
The Appleby reports were focused on general public administration. Just two of the twelve
recommendations of the Appleby reports were immediately implemented, namely the setting
up of Indian Institute of Public Administration in New Delhi, the creation of Organization &
Method (O & M) divisions at various levels of governments (Dubashi,1985:10; Jain, 2004).
In 1964 the O &M division was merged with the Department of Administrative reforms in
the cabinet secretariat functioning directly under the Prime Minister. With the
recommendation of the first Administrative 74 Reforms Committee in 1966, Department of
Personnel was constituted in 1970 and this was later merged with the existing Department of
Administrative reforms to form the Department of Personnel and Administrative reforms
(Dubashi,1985:10). In 1964 the Department of Administrative Reforms was established in the
Home Ministry. The Planning Commission was set up in March 1950 by the Government of
India with the Prime Minister as its chair. The National Development Council consisting of
the Prime Minister as the Chair and comprising the executive heads of all state and union
territory governments was also formed in August 1952 “to strengthen and mobilize the effort
and resources of the nation in support of the five -year plans, to promote common economic
policies in all vital spheres and to ensure the balanced and rapid development of all parts of
the country”(quoted in Saxena, 2006:252). The Bureau of Public Enterprises was established
in the Ministry of Finance, which became the Department of Public Enterprises in 1985. The
report of V.T Krishnamachari in 1962 recommended the expansion of the I.A.S cadre to meet
the needs of economic and social development. The Santhanam committee Report in 1964 on
prevention of corruption recommended the setting up of Central Vigilance Commission. It
also recommended a code of conduct for ministers on par with the Chief Ministers of all
states. The last years of Nehru witnessed considerable administrative laxity, which prompted
the first major review of the administrative apparatus by the first Administrative Reforms
Commission (ARC) set up in January 1966 with Morarji Desai as its chair and five members.
After joining the Government as the Deputy Prime Minister and Finance Minister in 1967, K.
Hanumanthaiya, was appointed the new chairman. Its report running into 20 volumes made
over 500 recommendations. The single most important report submitted by the ARC was on
personnel. All the recommendations in the area of ‘training’ were accepted by the
government. The administrative reform was also a main agenda in the different Five Year
plans of India. Due attention was given to securing integrity, methods for preventing
corruption, promoting efficiency, economy, public co-operation, adopting innovative
approaches to planning and development, better management of industrial enterprises, need
for financial control, continuous monitoring and evaluation, periodic training, vigilance and
75 augmenting skills in data collection and statistics, needs for specifying tasks and
responsibility for better implementation of plans and programs, better reporting and
accounting management, and improved information system(Maheswari,2004). The ARC-I
recommended a sixteen-member cabinet, including the Prime Minister, and a three-tier
council of ministers, no larger than forty-five and the scrapping of parliamentary secretaries.
For ensuring greater coordination the ARC had suggested that the Prime Minister should stay
away from holding charge of any ministry other than the department of personnel. The
existing secretariat system of work in ministries was considered useful. But the commission
thought that the central secretariat had become overstaffed and unwieldy with no clear-cut
responsibilities and trivial concerns and had often intruded into jurisdictions constitutionally
assigned to state governments (Maheswari, 2004). Further, the commission recommended
that each ministry should have three sections - for planning and policy, for finance, and for
personnel. The commission felt that the clerk-oriented system needed to be reformed into an
officer-oriented one, involving only two levels of consideration and decision below the level
of the minister(Maheswari, 2002). The Commission’s recommendations regarding the state
secretariat and executive agencies were more or less similar to those made at the union level.
In the opinion of the commission, the Board of revenue at the state level could be abolished
and its appellate functions could be transferred to a revenue tribunal comprising a judicial
officer of the status of a judge of the High Court and a senior revenue officer. The
commission recommended that the District collectors should focus on efficient performance
of only the regulatory functions, e.g. law and order, collection of land revenue and other
taxes, land records and civil supply. The judicial and developmental functions currently being
performed by them should be entrusted to other bodies. The Commission recommended that
the Planning Commission should remain an autonomous expert advisory body rather than
take on executive functions. The seven-member Planning Commission of experts should have
the autonomy to formulate the plans, which will any way be subject to final approval and
review of the Union Cabinet and the National Development 76 Council. The commission also
recommended the formation of state planning boards for formulating and evaluating five-year
plans in the states. For the redressal of citizens’ grievances, the commission recommended
creation of the institution of Ombudsman. On these lines a two-tier machinery of the Lokpal
and Lokayukta was suggested to supplement the process of parliamentary control, free from
partisanship and outside the administrative hierarchy. Complaints against ministers and
secretaries at the centre as well as in states could be made to the Lokpal. Lokayuktas, one for
the centre and one for each state, will handle complaints against the rest of the bureaucracy.
Having the same status as the Chief Justice of India, the Lokpal should be appointed by the
President of India on the advice of the Prime Minister in consultation with the Chief Justice
of India and the leader of the opposition in the LokSabha. The decade of the 1980s had
witnessed the gradual shift of political power from the Indian National Congress to the non-
Congress parties at the state level. The discourse on administrative reforms during this period
reflects responses to greater assertion of states and the onset of globalization. During the rule
of Rajiv Gandhi, the Government relied heavily on in-service training to strengthen the
administrative capabilities of its public functionaries. The period was also characterized by
the appointment of the “L.K. Jha Economic Reforms Commission”, which recommended a
shift in emphasis from from regulation to development. The 73rd and 74th amendments made
the local bodies as the third stratum of the governance system, making almost uniform
introduction of the three-tier system of local government throughout the country. Since then
every administrative reform undertaken at the central and state level had been making
references to the efficient working of the local bodies particularly in the area of service
delivery. Given the fact that local bodies are the implementing mechanisms of several central
programmes, the extent to which such programmes can succeed became contingent upon the
robustness and good practices of these local bodies. Since then two important reports have
been submitted to the central government namely, the Report of the National Commission to
Review the Working of the Constitution with Justice M.N. Venkatachaliah as the Chairman
and Reports of the 2nd Administrative Reforms Commission – headed by M. VeerappaMoily.
Many states also constituted Administrative Reforms Committees on their own. In the state of
Kerala, there were altogether three administrative committees till date. The Kerala
administrative reforms commission report 1958 was one of the first such reports coming from
the states. The report of the first ARC laid the basis of the Kerala Panchayat Bill (1958) and
Kerala District Council Bill of 1959. The latter accepted the perspective of a strong district
level self-governing body that had to be developed in a phased manner, as was recommended
by ARC. Decentralisation particularly the creation of a twotiered system of District and Gram
Panchayats was envisaged in the report as a priority area. The committee sought to review the
working of the administrative machinery with a view to establishing a democratic
government in a welfare state. The main suggestion of the committee was improving the
administrative machinery to enable it to cope with development activities, promote better co-
ordination, facilitate expeditious dispatch of government work, enhance the democratization
of the organs of the government to promote effective participation of local self-governing
institutions. Towards this end, it called for the constitution of village panchayats, with
sufficient administrative and financial resources, to plan and implement schemes and, to
control the staff assigned to them from various departments. At the village level, the revenue
staff were to be integrated with the panchayats, a bold suggestion that has not been carried
out anywhere in India. The report also sought to combine revenue and development functions
at the taluk level under the Tahasildar and proposed the constitution of a Taluk Council
consisting of representatives from the Panchayats and Municipalities with a non-official
Chairman to render advice and organize proper co-ordination. 83 Further, the report proposed
to set up a non-official Council at the District level with some autonomous area of
functioning besides having the function of co-ordination of the Panchayat and Taluk
Councils. Other suggestions included greater delegation of powers to heads of department
and their subordinates, with freedom to exercise the delegated powers for improved
management. O & M units were to be set up in the major departments. With decentralization
it was hoped that the secretariat would have reduced strength and it could be regrouped into
nine departments. In the services, economic backwardness was to be a condition for
reservation of jobs. At the intermediate level, direct recruitment was envisaged, but at lower
levels seniority was made the criterion of promotion. However, promotions at higher levels
were to be based on merit. Incentive award system with provisions for stringent anti-
corruption measures was also envisaged. Emphasis was laid on controlling government
expenditure with recruitment of new staff to be done after careful scrutiny. Proper
arrangements were to be made for visitors to meet the officers. However, the bills were not
enacted, as the legislative assembly was dissolved consequent upon a violent anti-communist
‘liberation struggle’. This lapse however exerted a decisive influence on the future of local
governance in Kerala. The new government that came into power through the mid-term
election largely ignored most of the recommendations of ARC. But they enacted the Kerala
Panchayat Act. 1960 and Kerala Municipal Corporation Act 1961. The second administrative
reforms committee recommended the synchronization of GramaPanchayats with the revenue
village, and TalukPanchayat to be co-terminus with reorganisedtaluk, which will be smaller
than an existing taluk, but larger than block. The directorate of municipalities and the
directorate of panchayats were to be abolished and the District Collector was to be given the
powers of the Director. Funds to Panchayats were to be given based on a formula with
reduction in allocation if there is a shortfall in the realisation of panchayat’s own revenues.
Unlike the first Administrative Reforms Committee, the TalukPanchayats were to be given
developmental functions and the District Panchayats were to have only advisory role. Also,
bringing of village office under the panchayat was not contemplated. Similarly, the
committee was wary 84 of entrusting agency functions in respect of health and education to
the local bodies. On the whole the report actually sought to strengthen the position of the
District Collector and also proposed the merger and reorganization of a number of
departments through mergers and creation of new ones. Like the first committee the second
committee also favoured direct recruitment at the middle level , but fixed the proportion of
direct recruitment at 40%. The Committee also recommended the creation of a Kerala
Administrative Service, creation of staff councils in all departments, reduction in the strength
of peons and clerks and refixing of the ratio of supervisory officers vis a vis clerks in
different offices. Finally, the committee felt that the efficiency of a department should not be
judged by the quantum of money spent, but by the output measured in relation to inputs. The
Vellodi committee in 1965 also made several recommendations such as setting up of training
institute of civil servants, setting up of a personnel department for manpower training and
career development for all state personnel in association with the State Public Service
Commission (SPSC), developing personnel for higher posts and doing research in personnel
administration (Maheswari,1981). The third reforms committee of Kerala State headed by
E.K.Nayanar has particular relevance in the present context of New Public Management as
well the Modernization Government Program (MGP) implemented in the state. One also
needs to understand the context in which the third ARC was set up in 1997 to come up with
recommendations for the improvement of the quality of public service delivery, work
discipline and service ethos of public servants. The constitution of the ARC synchronized
with the people’s plan campaign going on in Kerala at that period. It was unprecedented in its
scale and in one go the state sought to come to the forefront of decentralization initiatives in
the country by making the 9th plan of the state a people’s plan by demystifying the planning
process. Along with it the government also appointed another committee to suggest
amendments to the existing Panchayat Raj legislation to make it friendly to participatory
planning as well as infused with good governance elements such as right to information,
ombudsman and so on. Decentralisation had created new avenues of governance by late
1990s and the ARC had the vision 85 that a lot of development functions and sizeable staff
can be redeployed to the local bodies, and thereby a natural downsizing of state bureaucracy
could be effected. The ARC with its vision of people centered governance submitted 15
reports with a wide range of subjects including citizen’s charter, transparency and right to
information, financial reforms, general governance reforms, personnel reforms and better
service delivery. The ARC was entrusted with the responsibility to suggest measures to
eliminate delays, lethargy, corruption and nepotism in the administration. Along with people-
centered governance, the ARC recommended greater professionalism for efficient
administration through content training and scientific methods of performance assessment.
The reports came out of the state’s own past experience in governance and the depth and
coverage of issues were much more than those contained in the ADB sponsored Modernising
Government Prgramme(MGP).
The Fourth Kerala Administrative Reforms Commission
The 4th Administrative Reforms Commission(ARC) has been set up by the government in
2016 with former Chief Minister Shri.V.S.Achuthanandan,MLA as its Chairman.Based on
the Terms of Reference,Commission has grouped governance issues into seven themes.
2.Environment&Sustainable Development
4.Planning& Finance
Objectives
Functions