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INTRODUCTION TO PUBLIC ADMINISTRATION

IMPORTANT QUESTIONS

UNIT-1

10 MARKS
1. Write about scope of public administration in detail?
2. Write about nature and significance of public administration?

5 MARKS
1. Write various definitions of Public administration?
2. Difference between Public and Private administration?
3. write about WOODROW WILSON?

UNIT- 2

10 MARKS
1. Discuss about all India services and Ranks of All India services?
2. Write about Powers and Functions of UPSC and SPSC?
3.Write about verticals and 7 pillars of NITI Aayog?

5 MARKS
1.Discuss the Ranks of IAS?
2.Write about the Constitutional Provisions?
3.What are the Limitations of UPSC?
4.Discuss the composition of SPSC?

UNIT-3
10 MARKS
1.Explain the purpose and limits of Legislative control over Public administration in india?
2.Explain various functions of Legislature?
3.Explain the functions and importance of executive in modern govt?
4.Explain the functions of Judiciary in modern state?
5.Explain the initiatives for Good Governance in india?
6.Write merits and demerits of Judicial activism?

5 MARKS
1.Relation between Legislature and Judiciary?
2.Explain the types of Executive?
3.Write a short note on Organisation of judiciary?
4.What are advisiory functions of Judiciary?
5.What are the Powers of the Governor?
6.What are the Powers and functions of Chief Minister?
Unit 1

AN INTRODUCTION TO PUBLIC ADMINSTRATION


Introduction To Public Administration:

 Public Adminstration as independent Subject of a social science has recent


origin.
 Traditionly Public Adminstration was considered as a part of political science.
 But in Modern age the nature of state-under went change and it became from
police stale to social service state.
 As a consequence, the Public Adminstration, irrespective of the nature of the
political system, has become the dominant factor of life.
 The modern political system is essentially ‘bureaucratic’ and characterised by the
rule of officials. Hence modern democracy has been described as ‘executive
democracy’ or ‘bupeaucratic democracy’.
 The adminstrative branch, described as civil service or bureaucracy is the most
significant component of governmental machinery of the state.

Meaning of Public Adminstration :-

Administer is a English word, which is originated from the Latin word ‘ad’ and
‘ministrare’. It means to serve or to manage. Adminstration means mangement of
affairs, public or private.

Definition of PA:

It is an co-operative effort towards achieving some common goal.

Thomas Woodrow Wilson:

 Woodrow Wilson (December 28, 1856 – February 3, 1924) was an


American politician and academic who served as the 28th president of the
United States from 1913 to 1921.
 A member of the Democratic Party, Wilson served as the president of
Princeton University and as the governor of New Jersey before winning the
1912 presidential election.
 As president, Wilson changed the nation's economic policies and led the
United States into World War I in 1917.
 He was the leading architect of the League of Nations, and his progressive
stance on foreign policy came to be known as Wilsonianism.
ORGANS OR BRANCHES OF THE GOVT:

The three organs of the government are:

legislature - this organ is concerned with making laws or amending laws.

executive - the executive implements the laws framed by the legislature.

judiciary - this organ is responsible for overlooking the fair and just

functioning of the laws.

Various definitions of Public Adminstration:

1.Prof. Woodrow Wilson:


The pioneer of the social science of Public Adminstration says in his book ‘The
study of Public Adminstration’, published in 1887

Def: “Public Adminstration is a detailed and systematic application of law.”

2.L. D. White :
“Public Adminstration consists of all those operations having for their purpose the
fulfilment of public policy as declared by authority.”

3.simon :
“By Public Adminstration is meant the activities of the executive branches of the
national, state, & local governments.”

4. Willough :
“Public Adminstration in broadest sense denotes the work involved in the actual
conduct of governmental affairs, and in narrowest senses denotes the operations
of the administrative branch only.”

5. Luther Gullick :
“Public Adminstration is that part of the science of administration which has to do
with government and thus, concerns itself primarily with the executive branch
where the work of the government is done.”

6.Waldo:
“Public Adminstration is the art and science of mangement as applied to the
affairs of the state.”
7. Marshall E. Dimock:
“Administration is concerned with ‘what’ and ‘How’ of the government.
The what is the subjectmatter, the technical knowledge of afield which enables
the administrator to perform his tasks.
The ‘How’ is the technique of management according to which co-operative
programmes are carried to success.”

NATURE OF PUBLIC ADMINISTRATION:

There are two broad views regarding the nature of public administration.
1.Integral view
2.Managerial view

1.Integral view:
According to this view,administration is the sum of total activities –
manual,clerical,technical,managerial etc,which are under taken to realize the
objectives. This view believes that public administration comprises all types
operations undertaken by all persons ranging from the lowest to highest in order
to implement public policies.

Supporters: Woodrow Wilson,Marshall E Dimock, L.D white

2.Managerial view:

According to this view, Administration comprises the work of only those people
who are engaged in performing managerial functions in an organization. If we
take a managerial view, PA focus principally on the
planning,organizing,directing,controlling and coordination of govt operations.
Managerial view in getting the things done,not doing things.

Supporters: Luther gullick,simon etc..

SCOPE OF PUBLIC ADMINSTRATION:

Following are the three important perspectives about the scope of Public
Adminstration.

1.Narrow perspective or posdcord perspective.


2.Broad perspective or subjectmatter view.
3.Prevailing view.
1.Narrow perspective or posdcord perspective :
Luther Gullick is the main exponent of this perspective. According to him the
scope of public administration is narrow or limited. It is also regarded as
posdcord view. It insist that the Public Adminstration is concerned only with those
aspects of administration which are related with the executive branch and its
seven types of administrative functions.

These seven types of functions which shows the scope of Public Adminstration
are as follows -

1.‘P’ stands for planning


2.‘O’ stands for organization
3.‘S’ stands for staffing.
4.‘D’ stands for Directing.
5.‘Co.’ stands for Co-ordination.
6.‘R’ stands for Reporting
7.‘B’ stands for Budgeting

1.‘P’ stands for Planning -


Planning is the first step of Public Adminstration. i.e. working out the broad
outline of the things that need to be done.

2.‘O’ stands for organization -


It means establishment of the formal structure of authority through which the
work is sub-divided, arranged and co-ordinated for the defined objective.

3.‘S’ stands for staffing -


It means the recruitment and training of the staff and maintenance of favourable
conditions of work for the staff.

4.‘D’ stands for Directing -


It means the continuous task of making decisions and embodying them in
specific and general orders and instructions, and thus guiding the enterprise.

5.‘Co’ stands for Co-ordination -


It means interrelating the various parts of organization such as branches,
divisions, sections of the work and elimination of overlapping.

6.‘R’ stands for Reporting -


It means informing the authority to whom the executive is responsible as to what
is going on.
7.‘B’ stands for Budgeting -
It means accounting, fiscal planning and control.

Evaluation -
POSDCORB Perspective about the Scope of Public Adminstration is limited and
narrow. It stressed on the tools of Public Adminstration. It does not show the
substance of administration. It is a technique oriented perspective, not a subject
oriented.

2. Broad perspective or subject - oriented perspective :-


Prof. Woodrow Wilson, L D While are main exponent of this perspective. They
have taken a very broad approach about the scope of Public Adminstration.

According to them (A) Public Adminstration covers all three branches of the
government. Legislative, Executive and Judicial and their interrelationship.
Legislative organ makes the laws, Executive organ of the government
implements the laws. and Judicial organ of the government interprets the laws.
There is interrelationship between these three organs.

B)Scope of Public Adminstration is like a cooperative group. It consist of all from


class one officer to class four employees.

C)Public Adminstration is a part of the political process. It has an important role


in the formulation of public policy at all levels, from national to grassroot. It is
closely associated with numerous private groups and individuals in providing
services to the community. It has been influenced in recent years by the human
relations approach.

3. Prevailing view :-
Prevailing view divides the scope of Public Adminstration into two parts.-
1)Administrative theory
2)Applied administration

1.Adminstrative theory -
It includes the following aspects.

a)Organisational Theory -
The Structure, organization, functions and methods of all types of public authority
engaged in administration, whether national, regional or local and executive.

b)Behaviour -
The functions of adminstrative authorities and the various methods appropriate to
different types of functions. The various forms of control of administration.
c)Public Personal Adminstration -
The problems concerning personnel e.g. recruitment, training, promotion,
retirement etc. and the problems relating to planning, research, information and
public relation services.

2.Applied administration -
It includes the following aspects :-

a)Political functions -
It includes the executive - legislative relationship, administrative activities of the
cabinet, the minister and permanent official relationship.

b)Legislative function -
It includes delegated legislation and the preparatory work done by the officials in
connection with the drawing up of bills.

c)Financial functions -
It includes total financial administration from the preparation of the budget to its
execution, accounting and audit etc.

d)Defence - Functions relating to military adminstration.

e)Educational function - It includes functions relating to educational


administration.

f)Social welfare administration -


It includes the activities of the departments concerned with food; housing, social
security and development activities.

g)Economic Adminstration -
It is concerned with the production and encouragement of industries and
agriculture.
h)Foreign administration -
It includes the conduct of foreign affairs, diplomacy, international cooperation etc.
i)Local administration -
It concern with the activities of the local self-governing institutions.
Significance of Public Administration:

Public administration helps the government run a country properly. So public


administration is important. Good public administration has many benefits.

 Public administration helps implement government plans well. The good


implementation helps citizens get benefits. Bad implementation wastes
money and does not give good results. So good implementation through
public administration is important.
 It helps keep law and order. Only with peace a country can develop. Public
administration keeps internal security through the police. It keeps external
security through armed forces. So public administration for law and order is
important.
 Public administration collects taxes properly. It uses government money
wisely. Good funds management is important for development. Wasting
money leads to less development. So responsible public administration of
money is important.
 Public administration recruits good officers and staff for government jobs. It
trains them to do duties well. Only capable government employees can
implement government plans properly. So this is important.
 It gives services to citizens through schools, hospitals etc. Good
administration makes these institutions give good services. So this is
important.
 It helps implement welfare schemes for poor people. Only then do benefits
reach people who need help. So the proper implementation of welfare
schemes is important.
 Public administration makes sure citizens follow laws and rules. Only then
can society be orderly and developed. So enforcing laws properly is
important.
 Public administration helps the government work with other governments.
This coordination is important for the country's development in many fields.

Difference Between Public and Private Administration

 Public administration and private administration are two distinct systems


that play crucial roles in society. While both involve the management of
resources, there are fundamental differences in their goals, structures, and
functions. Understanding these disparities is essential for individuals
seeking to work in either sector or comprehend how they operate. In this
article, we will explore the key contrasts between public and private
administration, highlighting their unique characteristics and examining the
advantages and disadvantages of each.
Public Administration Private Administration
Governance focused Profit oriented
Funded by taxpayers Funded by shareholders
Public interest Stakeholder interest
Hierarchical structure Flexible organizational structure
Compliance with regulations Self-regulation
Accountability to the public Accountability to shareholders
Political influence Market competition
Slow decision-making process Quick decision-making process
Emphasis on equity and social welfare Emphasis on profitability
Greater transparency and public scrutiny Less public scrutiny
1|Page

UNIT-II
❖ All India Services
The All India Services (AIS) comprises three Civil Services of India common to
the centre and state governments, which includes the following services.

Indian Administrative Service (IAS)


Indian Police Service (IPS)
Indian Forest Service (IFS)

The central government is the Cadre Controlling Authority for all three All India
Services. Recruitments are conducted by the Union Public Service Commission (UPSC)
on the basis of the annual Civil Services Examination for IAS and IPS, and Forest
Service Examination for IFS. Since 2012 onwards, the preliminary test of the two
examinations are combined.

Indian Administrative Service (IAS)- Ministry of Personnel, Public Grievances and


Pensions
Indian Police Service (IPS)-Ministry of Home Affairs
Indian Forest Service (IFS)- Ministry of Environment, Forest and Climate Change

Cadre allocation policy:


The central government announced a new cadre allocation policy for the All India
Services in August 2017, touting it as a policy to ensure national integration of the
bureaucracy and to ensure an All India character of the services. The existing twenty-
five cadres were to be divided into five zones by the Department of Personnel and
Training.
Under the new policy, a candidate first selects their zones of preference, in
descending order, then indicates a cadre preference from each preferred zone. The
candidate indicates their second cadre preference for every preferred zone
subsequently. The preference for the zones and cadres remains in the same order and
no change is permitted.Officers remain in their allocated cadre or are deputed to the
Government of India
2|Page

Zones under the current cadre allocation policy

Zone Cadres

AGMUT (Arunachal Pradesh-Goa-Mizoram and Union Territories), Himachal


Zone-I
Pradesh, Uttarakhand, Punjab, Rajasthan and Haryana

Zone-II Uttar Pradesh, Bihar, Jharkhand and Odisha

Zone-III Gujarat, Maharashtra, Madhya Pradesh and Chhattisgarh

Zone-IV West Bengal, Sikkim, Assam-Meghalaya, Manipur, Tripura and Nagaland

Zone-V Telangana, Andhra Pradesh, Karnataka, Tamil Nadu and Kerala

➢ INDIAN ADMINISTRATIVE SERVICE (IAS):


IAS Officers are trained to handle Government affairs. This being the main
responsibility, every civil servant is assigned to a particular office which deals with policy
matters pertaining to that area. The policy matters are framed, modified, interpreted in
this office under the direct supervision of the Administrative Officer in consultation with
the Minister. The implementation of policies is also done on the advice of the Officer.
The Civil servant has also to represent the Government in another country or in
International forums. At the level of Deputy Secretary, they are even authorized to sign
agreements on behalf of the Government.
RANKS OF THE INDIAN ADMINISTRATIVE SERVICE
Below given are the ranks that an IAS officer will hold during his tenure.
• Cabinet Secretary ranks at the top
• Secretary/Additional Secretary
• Joint Secretary
• Director
• Under Secretary
• Junior Scale Officers
The ranks are given to the civil servant based on their seniority in the civil services.
3|Page

Junior Scale Officer


An IAS Officer starts his career in the state as a probationary officer for two years. During
this two year, the officer spends at training schools, field offices, Secretariat, or in a
District Magistrate’s Office.
She/he is appointed as the Sub-Divisional Magistrate and has to take care of law, order
and general administration like developmental work in the area which is allocated to
her/him.
Senior Scale Officer
After the probationary period of 2 years as a junior scale officer, she/he moves to the
senior scale where she/he functions as the District Magistrate, Managing Director of
Public Enterprise or Director of a Department.
The Senior Scale comprises of the following designations:
• Senior Time Scale (Joint Secretary)
• Junior Administrative Grade (Additional Secretary)
• Selection Grade (Special Secretary)
The Senior Scale Officers are promoted as the Selection Grade Officers after 13 years of
regular service.
Super Time Scale
The next promotion that a civil servant will be entitled within the States is the
Commissioner-cum-Secretary and that would be after 16 years of regular service.
Above Super Time Scale
After 24 years of regular service, an IAS officer may be given on promotion as Principal
Secretaries/Financial Commissioners in some states that entitle them to Above Super
Time Scale.
➢ INDIAN POLICE SERVICE (IPS)
The Indian Police Service (IPS) being one of the All India Services is accountable for
public safety, internal security, and law and order.
After independence (1948), the Imperial Police (IP) was replaced by the Indian Police
Service. The Indian Police Service in itself is not a law enforcement agency but it is the
body to which all the senior police officers belong to irrespective for whichever agency
they work.
4|Page

An IPS officer faces several life-threatening and is imperilled to harsh conditions. The
Director-General of Police of the Indian Police Service is entrusted with the overall law
and order of the entire State, while the Superintendent of Police for the entire District
and the Deputy Commissioner or the Commissioner of Police for Metropolitan Cities or
the entire city respectively. An IPS officer as the Commissioner of Police enjoys
magisterial powers.
The Indian Police Service (IPS) though not equal to the Indian Administrative Service
(IAS) is the only service in the country that comes close to the IAS considering the Power,
Authority, and Speed in promotion whether at the State or in the Government of India.

RANKS OF THE INDIAN POLICE SERVICE (IPS)


The following are the ranks that an IPS officer takes charge as during her/his tenure in
the service.
• Assistant Superintendent of Police (Sub-division for 2 years’ probation)
• Superintendent of Police or Deputy Commissioner of Police (After 4 years in
service)
• Junior Administrative Grade (After 9 years in service)
• Selection Grade (After 13 years in service)
• Deputy Inspector General of Police or Additional Commissioner of Police (After
14 years in service)
• Inspector-General of Police (After 18 years in service)
• Additional Director General of Police (After 25 years in service)
• Finally, the Director-General of Police (after 30 years in service)
The Director-General of Police and Commissioner of Police is the head of the entire
police force of the State or Metropolitan City like Chennai, Delhi, Kolkata, Mumbai, etc.,
and below him/her comes the Additional DGP or Special Police Commissioner. While
the inspector General or Joint Commissioner of Police is the head of specialized police
force like the Criminal Investigation Department, Special Branch etc.

➢ INDIAN FOREST SERVICE (IFS)


The Indian Forest Service, one of the three All India Services, was constituted in
the year 1966 under the All India Services Act, 1951 by the Government of India.
The main mandate of the service is the implementation of the National Forest
Policy which envisages scientific management of forests and to exploit them on a
sustained basis for primary timber products, among other things. Since 1935 the
5|Page

management of the forests remained in the hands of the Provincial Governments and
even today the Forest Departments are managing the forests of the country under the
respective State governments.
The Forest Area is included in the Concurrent List and India has about an area of
635,400 km forests, which is 19.32 percent of the country.
RANKS OF THE INDIAN FOREST SERVICE
The ranks of the Indian Forest Service are as given below:
• Probationary Officer
• Divisional Forest Officer(DFOs)
• Deputy Conservator of Forests, Conservator of Forests(CFs)
• Chief Conservator of Forests(CCFs)
• Additional Principal Chief Conservator of Forests(Addl.PCCFs)
• Principal Chief Conservator of Forests(PCCF) (highest post in a State)
• Director-General of Forests (DGF – highest post at Centre and selected from
amongst the senior-most PCCFs of states)

❖ Central Services:
The personnel of the Central Services are subject to the sole jurisdiction of the
Central Government. They work in various departments of the Central Government in
specialized (functional and technical) positions. Despite the fact that the appointing
authority for All India and central services is the same, there is a significant difference
between the two. Officers from All India services are employed by both the central and
state governments. Furthermore, members of the IAS can be appointed to any office
requiring general supervisory duties, whereas officers of the central services are
assigned to specialized jobs.
• There are currently 62 Group ‘A’ Central services. Among them are:
o Central Engineering Service
o Central Health Service
o Central Information Service
o Central Legal Service
o Central Secretariat Service
o Indian Audit and Accounts Service
o Indian Defence Accounts Service
o Indian Economic Service
o Indian Foreign Service
6|Page

o Indian Meteorological Service


o Indian Postal Service\Indian Revenue Service (Customs, Excise and Income
Tax)
o Indian Statistical Service

o Overseas Communication Service

o Railway Personnel Service

• The majority of the aforementioned cadres of Group A Central services have


corresponding group B services.
• Group C Central services are made up of clerical personnel, while Group D is made
up of manual personnel.
• Thus, officers in groups A and B are gazetted, whereas officers in groups C and D
are not.
• In terms of prestige, status, pay, and emoluments, the Indian Foreign Service (IFS)
is the highest central service.
• In fact, despite being a central service, it competes with all-India services in terms
of position, status, and pay scales. It is ranked second only to the IAS, and its pay
scale is higher than the IPS.
Historical Background
• Prior to independence, the Central services were divided into four categories:
class I, class II, subordinate, and inferior.
• Following independence, the subordinate and inferior service designations were
replaced by class-III and class-IV services.
• Again in 1974, the classification of Central services into classes I, II, III, and IV was
changed to groups A, B, C, and D, respectively.
• This was done on the advice of the Third Pay Commission (1970–1973), whereas
the previous change was done on the advice of the First Pay Commission (1946–
1947).
Significance
• The UPSC selects candidates for the Central Services Class I and II through a
unified All India Civil Service Examination.
• The individual Ministry under which the posts exist is in charge of the day-to-
day administration of these services.
• The Department of Personnel, which determines the conditions of service (of
an administrative nature), and the Ministry of Finance are also involved in the
management of these services.

❖ State Services
The personnel of state services work under the exclusive jurisdiction of the state
government. They hold different positions (general, functional and technical) in the
7|Page

departments of the state government. However, they occupy lower positions (in the
administrative hierarchy of the state) than those held by the members of all-India
services (IAS, IPS and IFS)

The number of services in a state is different from state to state. The services that are
common to all the states are:
1. Civil Service
2. Police Service
3. Forest Service
4. Agricultural Service
5. Medical Service
6. Veterinary Service
7. Fisheries Service
8. Judicial Service
9. Public Health Service
10.Educational Service
11.Co-operative Service
12.Registration Service
13.Sales Tax Services
14.Jail Service
15.Service of Engineers
Each of these services is named after the state, that is, the name of the state is added
as a prefix. For example in Andhra Pradesh (AP), they are known as AP Civil Services, AP
Police Service, AP Forest Service, AP Agriculture Service, AP Veterinary Services, AP
Fisheries Services and so on. Among all the state services, the civil services (also known
as the administrative service) is the most prestigious.
Like the Central services, the state services are also classified into four categories:
class I (group I or group A), class II (group II or group B), class III (group III or group C)
and class IV (group IV or group D).
Further, the state services are also classified into gazetted class and non-gazetted
class. Class I (Group-A) and Class -II (Group-B) Services are gazetted classes, while Class-
III (Group-C) and Class-IV (Group-D) services are non-gazetted classes.
The names of the members of the gazetted class are published in the Government
Gazette for appointment, transfer, promotion and retirement, while those of the non-
gazetted class are not published. Further, members of the gazetted class enjoy some
8|Page

privileges which are denied to members of the non-gazetted class are called ‘officers’
while those of non-gazetted class are called ‘employees’.
The All-India Services Act of 1951 specifies that senior posts not exceeding thirty-
three and one third per cent in the India Administrative Service (IAS), Indian Police
Service (IPS) are required to be filled in by promotion of officers employed in the state
services. Such promotions are made on the recommendations of the selection
committee for this purpose in each state. Such a committee is presided over by the
Chairman or a member of UPSC.
Historical Background
• State services, like Central services, are divided into four groups:
o Class I (group I or group A), Class II (group II or group B), Class III (group III
or group C), and Class IV (group IV or group D).
• Furthermore, state services are divided into two categories: gazetted and non-
gazetted.
• Class I (Group-A) and Class II (Group-B) services are usually gazetted, whereas
Class III (Group-C) and Class IV (Group-D) services are not.
• Members of the gazetted class have their names published in the Government
Gazette for appointment, transfer, promotion, and retirement, whereas those
of the non-gazetted class do not.
• Furthermore, members of the gazetted class have some advantages that non-
gazetted class members do not have.
• Members of the gazetted class are also referred to as 'officers,' while those who
are not are referred to as 'employees.'

Significance
• Since the introduction of the merit system, several measures have been
developed to ensure objectivity and impartiality in recruitment.
• One, the executive branch has been stripped of the authority to make civil service
recruitment decisions, and a separate agency has been established to do so.
• The fact that All India Services officers are centrally recruited (and then
distributed to various states) ensures that all states have a certain minimum and
uniform level of talent in their administrative services and that the states'
administrative machinery is adequately equipped.
• States have well-organized services to meet the needs of various sectors of
governmental activity in both non-technical and technical areas.

❖ Union Public Service Commission:


9|Page

The UPSC is a central agency that has great responsibility for conducting
examinations pertaining to Civil Services, Engineering Services, Defence Services, and
Medical Services. It also conducts Economic Service, Statistical Service, and Police
Forces examination.
The Union Public Service Commission of India was constituted by the British
Government during the British rule. The Lee Commission, in 1924 had suggested in its
report for the creation of an unprejudiced and independent Public Service Commission.
On the basis of such suggestions, the Union Public Service Commission was constituted
in 1926.
Afterwards, by the Government of India Act of 1935, the Public Service Commission
were created independently for both the state government and central services.
Union Public Service Commission
According to Article 315 of the Indian constitution, there shall be a permanent UPSC
(Union Public Service Commission). This body will conduct exam to appoint candidates
to different posts of Indian Civil Services under the government of India. Article 315 to
323 of the Indian Constitution deals with the appointment of UPSC members, functions
and powers of UPSC.
Constitutional Provisions

Article Provisions
Article-315 Public Service Commissions for the Union and for the States.

Article-316 Appointment and term of office of members.


Article-317 Removal and suspension of a member of a Public Service Commission
Article-318 Power to make regulations as to conditions of service of members and staff of the
Commission.
Article-319 Prohibition as to the holding of offices by members of the Commission on ceasing
to be such members.
Article-320 Functions of Public Service Commissions.
Article-321 Power to extend functions of Public Service Commissions
Article-322 Expenses of Public Service Commissions
Article-323 Reports of Public Service Commissions
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Functions of UPSC
1. The UPSC conducts examination for All-India Services Central Services and Public
Services for different Indian states and Union territory
2. It helps the states in composing and implementing schemes of combined
recruitment for any services requiring special qualifications.
3. The UPSC serves the interests of the State on the demand of the Governor and
with the consent of the President of India.
4. The UPSC shall be consulted in the matters of :
1. Demands for compensation of legal express obtained by a civil servant in
defending proceeding instituted against him.
2. Matters relating to the interim appointments for a period exceeding one
year
3. Matters of personnel management etc.
The Union Public Service Commission make suggestions which are advisory in nature.
The recommendations from UPSC are not binding on the government.
Composition of UPSC
The UPSC comprises of a chairman and ten members. The President of India appoints
the UPSC Chairman and other members. Each member holds office for a tenure of 6
years or till he becomes the age of 65 years.

Limitations of UPSC
Despite the powers, there are some matters which are outside the jurisdiction of the
UPSC. These are:
• Reservation of posts for backward classes
• Another limitation is considering the claims of SCs and STs about appointments
to various services.
• Selections for chairmanship or membership of Commissions/higher diplomatic
posts and Group C and Group D services.
• Matters relating to temporary posting for less than a year.

One important aspect of the limitations of UPSC is that the President can
exclude matters from the reach of UPSC. The Indian constitution allows the
President to do so.
11 | P a g e

❖ State Public Service Commission:


State Public Service Commissions (SPSCs) are constitutional bodies tasked with
the recruitment and advising functions related to state civil services. Established
under Article 315 of the Indian Constitution, SPSCs operate independently to ensure
fair and efficient administration of state government posts.
Background
The establishment of SPSCs traces back to the Government of India Act, 1919. It
provided for the creation of Public Service Commissions in provinces. Post-
independence, the Constitution of India formalized the structure and responsibilities
of SPSCs alongside the Union Public Service Commission (UPSC). This constitutional
framework aimed to decentralize administrative functions and streamline
recruitment processes tailored to state-level requirements.
Composition of State Public Service Commission
Appointment of Members
Members of SPSCs are appointed by the Governor of the state, typically based on
recommendations from the UPSC and the state government. This ensures a blend of
expertise in fields crucial for effective governance, such as law, administration, and
education.
Tenure
Members serve a fixed term of six years or until they reach the age of 62, promoting
stability and consistency in decision-making. This tenure ensures continuity in the
execution of SPSC functions without frequent disruptions.
Resignation
Members can resign from their position by submitting their resignation to the
Governor, reflecting the voluntary nature of their appointment and their ability to
disengage from official duties as needed.
Removal of Members
Members can only be removed from office on grounds of proven misbehavior or
incapacity. The process involves a thorough inquiry by the Supreme Court, which
assesses the allegations and recommends removal based on the findings, ensuring
transparency and accountability.
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Powers and Functions of State Public Service Commissions

• SPSCs hold significant responsibilities, including conducting recruitment


examinations for various state civil services such as State Administrative Service,
State Police Service, and other allied services.
• Conducting Recruitment Examinations: SPSCs conduct competitive
examinations to recruit candidates for various state civil services and posts.
They ensure transparency and merit-based selection.
• Advising the State Government: SPSCs provide expert advice and
recommendations to the state government on recruitment policies,
promotions, and disciplinary actions concerning civil servants.
• Promoting Meritocracy: SPSCs uphold the principle of meritocracy by
selecting candidates based on their performance in examinations. This
ensures that the most qualified individuals are appointed to administrative
roles.
• Conducting Interviews and Selection Processes: In addition to written
examinations, SPSCs may conduct interviews and other selection processes
to assess candidates' suitability for specific positions. This includes
evaluating their interpersonal skills and leadership qualities.
• Advising on Service Rules and Regulations: SPSCs advise the state
government on the formulation and amendment of service rules and
regulations governing state civil services. This helps ensure compliance with
constitutional provisions and promotes consistency across departments.
• Ensuring Equal Opportunity: SPSCs strive to provide equal opportunity to all
eligible candidates applying for state civil services. They promote inclusivity
and fairness in the recruitment process.
• Monitoring and Supervision: SPSCs monitor the implementation of
recruitment procedures and supervise examinations to prevent malpractice
and ensure adherence to prescribed standards.
• Public Service Reform Initiatives: SPSCs may initiate reforms and
improvements in recruitment processes and administrative practices to
enhance efficiency and effectiveness in state governance.

❖NITI Aayog:

The NITI Aayog was formed on January 1, 2015. In Sanskrit, the word “NITI”
means morality, behaviour, guidance, etc. But, in the present context, it means policy
and the NITI stands for “National Institution for Transforming India”. It is the
country’s premier policy-making institution that is expected to bolster the economic
growth of the country. It aims to construct a strong state that will help to create a
dynamic and strong nation. This helps India to emerge as a major economy in the
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world. The NITI Aayog’s creation has two hubs called “Team India Hub” and
“Knowledge and Innovation Hub”.
1. Team India: It leads to the participation of Indian states with the central
government.
2. The Knowledge and Innovation Hub: it builds the institution’s think tank
capabilities.

NITI Aayog is additionally creating itself as a State of the Art Resource


Center, with the essential resources, knowledge, and skills that will empower it to
act with speed, advance research and innovation, bestow crucial policy vision to the
government and manage unforeseen issues. The reason for setting up the NITI
Aayog is that people had expectations for growth and development in the
administration through their participation. This required institutional changes in
administration and active strategy shifts that could seed and foster substantial scale
change.

Objectives of NITI Aayog:

1. The active participation of States in the light of national objectives and to


provide a framework ‘national agenda’.
2. To promote cooperative federalism through well-ordered support initiatives and
mechanisms with the States on an uninterrupted basis.
3. To construct methods to formulate a reliable strategy at the village level and
aggregate these gradually at higher levels of government.
4. An economic policy that incorporates national security interests.
5. To pay special consideration to the sections of the society that may be at risk of
not profiting satisfactorily from economic progress.
6. To propose strategic and long-term policy and programme frameworks and
initiatives, and review their progress and their effectiveness.
7. To grant advice and encourage partnerships between important stakeholders
and national-international Think Tanks, as well as educational and policy
research institutions.
8. To generate knowledge, innovation, and entrepreneurial support system
through a shared community of national and international experts, etc.
9. To provide a platform for resolution of inter-sectoral and inter-departmental
issues to speed up the accomplishment of the progressive agenda.
10.To preserve a state-of-the-art Resource Centre, be a repository of research on
good governance and best practices in sustainable and equitable development
as well as help their distribution to participants.
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11.To effectively screen and assess the implementation of programmes and


initiatives, including the identification of the needed resources to strengthen
the likelihood of success.
12.To pay attention to technology improvement and capacity building for the
discharge of programs and initiatives.
13.To undertake other necessary activities to the implementation of the national
development agenda, and the objectives.

Verticals of Niti Aayog


The supportive bodies or verticals of Niti Aayog help in smooth functioning of the
requisite tasks by the organization.

Niti Aayog has the following verticals under it:

• Administration and Support Units


• Agriculture and Allied Sectors
• Aspirational Districts Programme Cell
• Communication and Social Media Cell
• Data Management and Analysis, and Frontier Technologies
• Economics and Finance Cell
• Education
• Governance and Research
• Governing Council Secretariat and Coordination
• Industry-I
• Industry-II
• Infrastructure-Connectivity
• Infrastructure-Energy
• Micro, Small and Medium Enterprises
• Natural Resources and Environment, and Island Development
• Project Appraisal and Management Division
• Public–Private Partnership
• Rural Development
• Science and Technology
• Social Justice and Empowerment, and Voluntary Action Cell
• Social Sector-I (Skill Development, Labour and Employment, and Urban
Development)
• Social Sector-II (Health and Nutrition, and Women and Child Development)
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• State Finances and Coordination


• Sustainable Development Goals
• Water and Land Resources

7 pillars of effective governance envisaged by NITI Aayog


The NITI Aayog is based on the 7 pillars of effective Governance. They are:

1. Pro-people: it fulfils the aspirations of society as well as individuals


2. Pro-activity: in anticipation of and response to citizen needs
3. Participation: involvement of the citizenry
4. Empowering: Empowering, especially women in all aspects
5. Inclusion of all: inclusion of all people irrespective of caste, creed, and gender
6. Equality: Providing equal opportunity to all especially for youth
7. Transparency: Making the government visible and responsive

NITI Aayog Composition


The NITI Aayog will comprise the following:

1. Prime Minister of India is the Chairperson


2. Governing Council consists of the Chief Ministers of all the States and Lt.
Governors of Union Territories in India.
3. Regional Councils will be created to address particular issues and possibilities
affecting more than one state. These will be formed for a fixed term. It will be
summoned by the Prime Minister. It will consist of the Chief Ministers of
States and Lt. Governors of Union Territories. These will be chaired by the
Chairperson of the NITI Aayog or his nominee.
4. Special invitees: Eminent experts, specialists with relevant domain knowledge,
which will be nominated by the Prime Minister.
5. The full-time organizational framework will include, in addition to the Prime
Minister as the Chairperson:
1. Vice-Chairperson (appointed by the Prime Minister)
2. Members:
• Full-time

• Part-time members: Maximum of 2 members from foremost


universities, leading research organizations, and other innovative
organizations in an ex-officio capacity. Part-time members will be on
a rotational basis.
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3. Ex Officio members: Maximum of 4 members of the Council of Ministers


which is to be nominated by the Prime Minister.

4. Chief Executive Officer: CEO will be appointed by the Prime Minister for a
fixed tenure. He will be in the rank of Secretary to the Government of India.

Documents Published by NITI Aayog


The documents published by NITI Aayog are as follows:

1. Fifteen-Year Vision,
2. Seven Year Strategy and
3. Three-Year Action Agenda.
The documents containing the Fifteen-Year Vision and Seven Year Strategy is currently
under preparation at the NITI Aayog.

NITI Aayog Three-Year Action Agenda

• The Three-Year Action Agenda is a NITI Aayog document for the period of 2017-
18 to 2019-20.
• This document is being published to recommend policy changes and
programmes for action from 2017-18 to 2019-20.
• The Action Agenda has been prepared as an integral part of the exercise leading
to the Vision and Strategy document. It has been fast-tracked and released first,
keeping in view that with the start of the fiscal year 2016-17, it is of immediate
relevance for policy implementation.
• The Three-Year Action Agenda offers ambitious proposals for policy changes
within a relatively short period.
UNIT-3
ACCOUNTABILITY OF ADMINISTRATION IN INDIA

INTRODUCTION TO ACCOUNTABILITY:
Accountability of administration in India refers to the responsibility of government officials
to perform their assigned duties. It also means that the public sector is demonstrating its honesty,
reliability, and competence so that the public can trust how it uses public resources and money.
Accountability has been introduced since time immemorial when famous Greek
philosophers such as Aristotle, Plato and Zeno had first discussed accountability in the context of
judgment, punishment, and social control. Whereas in modern times, accountability has been
the subject of discussion for many disciplines including law (Stenning, 1995), politics (Anderson,
1981), healthcare (Emanuel & Emanuel, 1996) and psychology as well as behavior.
organizational behavior (Schlenker et al, 1994 and Tetlock, 1992).
Accountability is important to ensure that the tasks performed achieve the objectives that
have been set and there is no wastage that can affects public resources. The implementation of
work in an accountability manner will be able to ensure that the allocation given to Government
agencies, for the use of the establishment of programs, activities, or projects will follow the plan
and get the best return for every money spent.

Process of Government Accountability


Government accountability is not a one-time process. It is a continuous ongoing process that is
essential for healthy governance in the country. This process of accountability can be understood
through the following measures –
o Agenda of Government – The stakeholders take part in defining the vision and identifying
the priorities. They take part either directly or indirectly. The government drafts and
implements the defined agenda. The continuous evaluation of the results helps in the
improvement of governance.
o Maintaining Transparency – Transparency is the prerequisite of accountability in
governance. Maintenance of transparency is important because, for the evaluation of any
action, there should be proper access to all necessary information. The existence of
transparency results in good governance. Hence, transparency and accountability support
each other.
o Empowerment of Stakeholders – It is very important to empower the stakeholders with
the help of statutory laws, strong mechanisms, and proper measures. Stakeholders seek
justification from the decision-making authorities, who are bound to provide the required
explanation.
o Obligation to Accountability – Accountability basically refers to the responsibility to
explain the acts or decisions made by the person in charge to the stakeholders who may

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be impacted by those decisions. The weak obligation to accountability can lead to
corruption and poor quality of governance.

ESSAYS
Q1). Explain the purpose and limits of Legislative control over
Public administration in india?
Purpose of Legistlative control:
The purpose of legislative control is to ensure that the government is working for the
public good, following the law, and correcting mistakes. Legislative control is the
primary way to oversee the administration, and it includes:
• Policymaking: The legislature determines policies.
• Administrative agencies: The legislature establishes or authorizes the creation of
administrative agencies.
• Funding: The legislature appropriates funds for administrative agencies.
• Control: The legislature attempts to control administrative agencies through
directions and limitations.
• Financial control: The legislature controls the administration through the budget
and approval of taxes.
• Appointment control: The legislature approves who becomes top government
workers, like governors.
Limitations of legislative control: The extent of control of the legislature over the
administration has been quite limited on account of the following reasons:
1. In a parliamentary system of government, on account of rapid growth of rigid party
system, principle of collective responsibility, parliamentary control over the executive, fear
of dissolution at the hands of the Prime Minister has been substantially circumscribed.
For instance, the executive in India or UK have become the master of the whole show.
They are supported by the majority in the legislature who always dance to their tune. In
practice, the legislature is a tool in the hands of the cabinet.
2. In the Presidential system like USA, the executive already enjoy lot of immunities from
the legislative control. For example, treaties and important appointments are generally
ratified by the Senate, provided President’s own party is holding majority support in the
Senate.
3. The size of modern legislatures is large in size. Because of its large size, it is beyond
capacity on the part of the legislature to exercise effective control over administration.
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4. Most of the members elected or nominated to the legislature are laymen. They lack
technical know-how of the administration, whereas the members of administration are
well expert and possess specialized knowledge. In that case, the legislature cannot control
the administrators who are experienced and possess skilled technical knowledge.
5. The party which commands majority support on the floor of the House is invited to
form the government. As such, majority members belong to the ruling party and there are
scant chances of censure-motion, adjournment-motion or no-confidence motion being
passed against the government.
6. Critics pointed out that various committees especially the financial committees formed
in the legislature do merely the post-mortem work. The report the legislature about the
irregularities after it has been done.
7. The declaration of emergency also cuts the hands of the members of legislature to have
a tight-control over the administration.

Q2) .Explain various functions of Legislature?


The legislature serves several critical functions within a political system, particularly in
democratic governance. These functions can be categorized into six major areas:
1.Representation:
Legislators represent the interests and concerns of their constituents. This representation
occurs at both individual and collective levels, where legislators maintain communication
with their constituents, demonstrate policy responsiveness, allocate resources across
districts, and provide individualized services to citizens.
2.Deliberation:
Legislatures engage in discussions and debates on significant societal issues. This
deliberative process can take place in open debates or through committee meetings,
allowing for thorough examination of proposed legislation and public policies.
3.Legislation:
The primary function of a legislature is to create laws. Legislators introduce bills that are
crafted by various stakeholders, including governors and interest groups. The legislative
process involves multiple steps, including committee reviews, amendments, and votes in
both chambers (if bicameral) before a bill can become law.
4.AuthorizingExpenditure:
Legislatures have the power to control government budgets and expenditures. This
“power of the purse” allows them to approve or deny funding for government programs

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and initiatives, ensuring that financial resources are allocated according to legislative
priorities.
5.MakingGovernments:
Legislatures play a role in forming governments by confirming executive appointments
and sometimes participating in the selection process for key governmental positions.
6.Oversight:
Legislatures hold the executive branch accountable through oversight functions. This
includes reviewing government actions, questioning officials, conducting investigations,
and ensuring that laws are implemented effectively as intended.
In summary, legislatures fulfill essential roles in representing citizens’ interests, creating
laws, managing public finances, overseeing government operations, facilitating
deliberation on important issues, and shaping the composition of government itself.

Q 3).Explain the functions and importance of executive in modern


govt?
Key Functions of the Executive:
Implementation of Laws: One of the primary functions of the executive is to enforce laws
enacted by the legislature. This involves ensuring compliance with legal standards and
regulations across various sectors, which is essential for maintaining order and justice
within society.
Policy Formulation: The executive branch plays a significant role in shaping public policy.
Executives propose new laws, set agendas, and develop strategies to address national
issues such as healthcare, education, and economic development.
Administration of Government Services: The executive oversees the administration of
government services through various departments (e.g., health, education, defense). Each
department has specific responsibilities that contribute to the overall functioning of
government.
Budget Preparation: The executive is responsible for preparing the national budget,
outlining how public funds will be allocated across different sectors. This function is critical
for fiscal management and resource allocation.
Foreign Relations and Diplomacy: The executive branch manages foreign affairs,
negotiates treaties, and represents the country in international organizations. This
function is vital for maintaining diplomatic relationships and promoting national interests
abroad.

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National Defense and Security: The executive holds authority over military operations
and national defense strategies. This includes making decisions related to military
engagement, defense spending, and homeland security measures.
Appointment Powers: The executive has the authority to appoint key officials within the
government, including cabinet members, judges, and heads of agencies. These
appointments are crucial for ensuring that qualified individuals lead various governmental
functions.
Crisis Management: In times of crisis—such as natural disasters or national
emergencies—the executive takes charge of coordinating responses to ensure public
safety and effective recovery efforts.
Judicial Powers: In many systems, executives have semi-judicial powers such as granting
pardons or reprieves to individuals convicted under law. This function allows for some
degree of mercy within the judicial system.
Communication with Citizens: Executives play an important role in communicating
government policies and initiatives to citizens through speeches, press releases, and other
forms of media engagement.
Importance of the Executive in Modern Government:
The importance of the executive branch cannot be overstated:
Stability and Continuity: A strong executive provides stability within government
operations by ensuring continuity in leadership during transitions between
administrations.
Efficiency in Governance: By centralizing decision-making authority within an elected
leader or appointed officials, governments can respond more swiftly to emerging issues
compared to more fragmented systems.
Accountability Mechanisms: Executives are accountable to both legislative bodies (which
can impose checks on their power) and citizens (through elections), fostering
transparency in governance.
Adaptability to Change: The ability of executives to formulate policies allows
governments to adapt quickly to changing social needs or global conditions.
Representation of National Interests: Through foreign relations activities, executives
represent their countries on international platforms while advocating for national
interests globally.

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In conclusion, the functions performed by executives are integral not only for day-to-day
governance but also for long-term strategic planning that shapes a nation’s future
direction.

Q 4).Explain the functions of Judiciary in modern state?

The judiciary plays a crucial role in the governance and legal framework of a modern state.
Its functions can be categorized into several key areas:
1. Adjudication of Disputes
The primary function of the judiciary is to resolve disputes between parties, which may
include individuals, organizations, or government entities. This involves interpreting and
applying laws to specific cases brought before the courts. The judiciary ensures that justice
is served by providing a fair trial process where both parties can present their arguments
and evidence.
2. Interpretation of Laws
Judges have the authority to interpret statutes and regulations enacted by the legislative
branch. This interpretation is essential for clarifying ambiguities in the law and ensuring
consistent application across different cases. Judicial interpretations can also set
precedents that guide future decisions, thereby shaping the development of law over
time.
3. Protection of Rights and Liberties
The judiciary serves as a guardian of individual rights and liberties as enshrined in
constitutions or legal frameworks. Courts are responsible for upholding fundamental
rights such as freedom of speech, right to due process, and protection against
discrimination. When individuals believe their rights have been violated, they can seek
redress through the judicial system.
4. Judicial Review
One of the critical functions of the judiciary is judicial review, which allows courts to assess
the constitutionality of laws and government actions. If a law or action is found to violate
constitutional principles, it can be declared invalid. This function acts as a check on
legislative and executive powers, ensuring that all actions taken by these branches comply
with constitutional mandates.

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5. Enforcement of Law
While the judiciary does not enforce laws directly (as this is typically within the purview
of the executive branch), it plays an essential role in ensuring compliance with its rulings.
Courts issue orders that must be followed by individuals or governmental bodies, and they
provide mechanisms for enforcement when necessary.
6. Development of Public Policy
Through their rulings, courts often influence public policy indirectly by interpreting laws
in ways that reflect societal values or address contemporary issues. For example, landmark
decisions regarding civil rights or environmental regulations can lead to significant
changes in public policy beyond mere legal outcomes.
7. Administrative Oversight
In many jurisdictions, courts also handle administrative cases involving disputes between
individuals or entities and government agencies regarding regulatory compliance or
administrative actions. This oversight helps ensure that governmental power is exercised
fairly and justly.
In summary, the judiciary serves multiple vital functions within a modern state:
adjudicating disputes, interpreting laws, protecting rights, conducting judicial reviews,
enforcing laws through court orders, influencing public policy development, and
overseeing administrative actions.

Q 5).Explain the initiatives for Good Governance in india?


Good governance is essential for the effective management of a country’s resources and
the delivery of services to its citizens. In India, several initiatives have been implemented
to enhance governance and ensure that it is participatory, transparent, accountable, and
efficient. Below are some key initiatives aimed at promoting good governance in India:
1. Right to Information Act (RTI) The RTI Act was enacted in 2005 to empower citizens by
providing them with the right to access information held by public authorities. This
initiative promotes transparency and accountability in government functioning, allowing
citizens to inquire about the workings of various government departments.
2. E-Governance and Use of ICT Tools The National e-Governance Plan (NeGP) aims to
improve service delivery through technology. By digitizing services and using Information
and Communication Technology (ICT), the government seeks to enhance efficiency,
reduce corruption, and make services more accessible to citizens.

7|Page
3. 73rd and 74th Constitutional Amendments These amendments granted constitutional
status to local self-governments (Panchayati Raj Institutions) in rural areas and urban local
bodies, respectively. They aim to decentralize power and encourage citizen participation
in governance at the grassroots level.
4. Aspirational District Program This program focuses on improving socio-economic
indicators in underdeveloped districts across India. It aims to eliminate regional disparities
by promoting inclusive development through targeted interventions in health, education,
agriculture, and infrastructure.
5. Social Audit Social audits are conducted to assess the performance of government
programs from a community perspective. They empower citizens by involving them in
evaluating public services, thereby enhancing accountability.
6. Citizen Charter A Citizen Charter outlines the commitment of public bodies regarding
service standards, quality, timeframes for service delivery, and grievance redress
mechanisms. This initiative aims to improve transparency and accountability in public
service delivery.
7. Centralized Public Grievance Redressal System (CPGRAMS) CPGRAMS is an online
platform designed for efficient handling of grievances lodged by citizens against various
government departments. It ensures timely resolution of complaints while monitoring the
performance of departments.
8. Sevottam Model of Service Delivery This model provides a framework for assessing
and improving service delivery within public organizations by focusing on citizen feedback,
setting standards for services, and ensuring accountability through grievance redress
mechanisms.
9. Direct Benefit Transfer (DBT) DBT aims at transferring benefits directly into
beneficiaries’ bank accounts under various welfare schemes, reducing leakages and
ensuring that subsidies reach intended recipients efficiently.
10. MyGov Portal Launched as a citizen engagement platform, MyGov allows citizens to
participate actively in governance by sharing ideas, discussing policies, and contributing
suggestions on various government projects.
11. PRAGATI (Pro-Active Governance And Timely Implementation) PRAGATI is a multi-
purpose platform that facilitates real-time monitoring of important projects flagged by
both Union Government and State Governments while addressing grievances faced by
common citizens.

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These initiatives collectively contribute towards enhancing good governance practices in
India by promoting transparency, accountability, participation, efficiency, and
inclusiveness across various levels of administration.

Q 6.Write merits and demerits of Judicial activism?


Merits and Demerits of Judicial Activism:
Merits of Judicial Activism:
1. Protection of Rights: Judicial activism plays a crucial role in upholding and
protecting the rights of citizens, especially when legislative bodies fail to act. It
ensures that fundamental rights are not violated by the state or other entities.
2. Promotion of Equality: Through judicial activism, judges can actively interpret laws
to prevent discrimination and ensure fair treatment for all individuals, particularly
marginalized groups.
3. Adaptation to Change: The judiciary can address contemporary issues and adapt
laws to meet the evolving needs of society. This flexibility allows the legal system to
remain relevant in changing social contexts.
4. Checks and Balances: Judicial activism serves as a check on the powers of the
executive and legislative branches, preventing any one branch from becoming too
powerful and ensuring accountability.
5. Public Interest Litigation (PIL): Judges encourage public interest litigation, allowing
individuals or organizations to bring cases that advocate for social change, thereby
increasing public participation in the legal process.
6. Addressing Legislative Inaction: When legislatures are slow to respond to pressing
issues, judicial activism allows judges to step in and make timely decisions that can
lead to necessary reforms.
Demerits of Judicial Activism:
1. Overreach of Power: Critics argue that judicial activism can lead to an overreach
where judges exceed their constitutional authority, infringing upon the roles
designated for the legislature or executive.
2. Violation of Separation of Powers: When judges create or modify laws based on
personal beliefs rather than established statutes, it undermines the principle of
separation of powers enshrined in the Constitution.

9|Page
3. Inconsistency in Rulings: Judicial opinions formed through activism may set
precedents that lead to inconsistency in future rulings, creating uncertainty in the
law as different judges may interpret laws differently based on personal views.
4. Potential Bias: There is a risk that judicial decisions influenced by personal opinions
could harm public interests if judges prioritize their own beliefs over objective legal
standards.
5. Erosion of Public Trust: Frequent interventions by courts may diminish public
confidence in both the judiciary’s integrity and its ability to function effectively
within its constitutional limits.
6. Judicial Adventurism: Excessive judicial activism can lead to what is termed
“judicial adventurism,” where courts engage in matters beyond their expertise or
jurisdiction, potentially leading to chaotic governance.

SHORTS

Q1).Relation between Legislature and Judiciary?


The legislature and judiciary have different functions, but they are related in a few ways:
• Separation of powers
The legislature makes laws, the executive enforces them, and the judiciary interprets
them and resolves disputes. This is known as the separation of powers.
• Checks and balances
The system of checks and balances allows each branch of government to impose checks
on the others. For example, the judiciary can strike down laws that it considers
unconstitutional, while the legislature can protest judicial activism.
• Common law
Judges interpret legislation in line with Parliament's intent, and they also develop
common law, or case law, through their judgments.
• Impeachment
The Constitution provides a process for impeaching judges who are found to be
misbehaving or incapacitated.

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Q 2).Explain the types of Executive?
The executives are classified into different types based on their leadership style. They
are
• System based on the principles of collective leadership
• Parliamentary system
• The head of the government is called the prime minister.
• If the head of the state is a monarch – it is a Constitutional Monarchy
• If the head of state is president – it is a Parliamentary Republic
• Both monarch and president are ceremonial executives.
• The Prime Minister is accountable to the legislature.
• Semi-presidential system
• System based on the principles of Individual leadership
• Presidential system
• The president is both head of state and head of government.
• The president is not accountable to the legislature.

Q 3).Write a short note on Organisation of judiciary?


Organisation of Judiciary
The judiciary is organized into various levels and types of courts, each with specific
functions and jurisdictions. In the United States, the federal judiciary is structured as
follows:
Supreme Court: The highest court in the land, established by Article III of the U.S.
Constitution. It has the ultimate authority on matters of federal law and constitutional
interpretation.
Courts of Appeals: Below the Supreme Court are 13 appellate courts that review
decisions made by district courts within their respective circuits. These courts do not
conduct trials but instead focus on whether the law was applied correctly in lower
courts.

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District Courts: The trial courts of the federal system, there are 94 U.S. District Courts
that handle a wide range of cases, including civil and criminal matters. Each district court
includes a bankruptcy court.
Specialized Courts: In addition to district courts, there are specialized courts such as the
U.S. Court of International Trade and the U.S. Court of Federal Claims, which deal with
specific types of cases.
Bankruptcy Courts: These are specialized units under district courts that exclusively
handle bankruptcy cases.
State Courts: Each state has its own court system that operates independently from
federal courts, handling most legal disputes in areas such as family law, criminal law, and
contract disputes.

Q 4.What are advisiory functions of Judiciary?


The judiciary's advisory function is to provide legal advice to the government or
head of state on matters of public importance. The advice is not binding on the party
seeking it, and the party can choose not to follow it.
The judiciary's other functions include:
• Applying the law: The judiciary applies the law to specific cases or disputes by
determining the facts and deciding which law is applicable.
• Protecting fundamental rights: The judiciary protects the rights of citizens as
guaranteed by the Constitution and the law of the land.
• Interpreting the law: The judiciary interprets and applies laws to specific cases.

Q 5.What are the Powers of the Governor?

A governor has different types of powers:

1. Executive powers related to administration, appointments and removals,


2. Legislative powers related to lawmaking and the state legislature, that is State
Legislative Assembly (Vidhan Sabha) or State Legislative Council (Vidhan Parishad),
3. Judicial Powers related to grant of pardons, reprieves, etc. and consultations.
4. Discretionary powers to be carried out according to the discretion of the governor.
The governors of India have similar powers and functions of the state level as
those of the president of India at central level.
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Q 6.What are the Powers and functions of Chief Minister?

The Chief Minister has several powers and functions as the head of state:
• The Chief Minister communicates with the Governor regarding all the decisions of
the Council of Ministers.
• The Chief Minister acts as the only link between the Governor and Cabinet.
• Vice-chairman of the zonal council
• The Chief Minister is a Member of the National Development Council and Inter-
State Council.
• Coordinator, controller, and guide of all the cabinet ministers for the functioning
of the cabinet.
• The Chief Minister acts as the chief crisis manager during emergencies, especially
for financial matters.
• He/she can influence the decisions of the council of ministers.
• The Chief Minister furnishes the information related to the administration of the
affairs of the state.

13 | P a g e

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