COMPARATIVE PUBLIC ADMINISTRATION MPA 503 PUBLIC ADMINISTRATION IN INDIA LECTURE 26 1

INDIA THE CONSTITUTION OF INDIA, WHICH CAME INTO EFFECT ON 26 JANUARY 1950, [ STATES IN ITS PREAMBLE THAT INDIA IS A SOVEREIGN SOCIALIST, SECULAR, D EMOCRATIC REPUBLIC INDIA'S FORM OF GOVERNMENT, TRADITIONALLY DESCRIBED AS "QUASI- FEDERAL" WITH A STRONG CENTRE AND WEAK STATES, HAS GROWN INCREASINGLY FEDERAL SINCE THE LATE 1990S AS A RESULT OF POLITICAL, ECONOMIC, AND SOCIAL CHANGES. 2

INDIA INDIA IS A FEDERATION WITH A PARLIAMENTARY SYSTEM GOVERNED UNDER THECONSTITUTION OF INDIA WHICH SERVES AS THE COUNTRY'S SUPREME LEGAL DOCUMENT. IT IS A CONSTITUTIONAL REPUBLIC AND REPRESENTATIVE DEMOCRACY, IN WHICH "MAJORITY RULE IS TEMPERED BY MINORITY RIGHTS PROTECTED BY LAW“ FEDERALISM IN INDIA DEFINES THE POWER DISTRIBUTION BETWEEN THE FEDERAL GOVERNMENT AND THE STATES. THE GOVERNMENT ABIDES BY CONSTITUTIONAL CHECKS AND BALANCES 3

EXECUTIVE THE PRESIDENT OF INDIA IS THE HEAD OF STATE AND IS ELECTED INDIRECTLY BY A NATIONAL ELECTORAL COLLEGE FOR A FIVE-YEAR TERM THE PRIME MINISTER OF INDIA IS THE HEAD OF GOVERNMENT AND EXERCISES MOST EXECUTIVE POWER APPOINTED BY THE PRESIDENT, THE PRIME MINISTER IS BY CONVENTION SUPPORTED BY THE PARTY OR POLITICAL ALLIANCE HOLDING THE MAJORITY OF SEATS IN THE LOWER HOUSE OF PARLIAMENT. 4

EXECUTIVE THE EXECUTIVE BRANCH OF THE INDIAN GOVERNMENT CONSISTS OF THE PRESIDENT, THE VICE-PRESIDENT, AND THE COUNCIL OF MINISTERS— THE CABINET BEING ITS EXECUTIVE COMMITTEE—HEADED BY THE PRIME MINISTER. ANY MINISTER HOLDING A PORTFOLIO MUST BE A MEMBER OF ONE OF THE HOUSES OF PARLIAMENT. IN THE INDIAN PARLIAMENTARY SYSTEM, THE EXECUTIVE IS SUBORDINATE TO THE LEGISLATURE; THE PRIME MINISTER AND HIS COUNCIL ARE DIRECTLY RESPONSIBLE TO THE LOWER HOUSE OF THE PARLIAMENT. 5

LEGISLATIVE THE LEGISLATURE OF INDIA COMPRISES OF A BICAMERAL PARLIAMENT IT OPERATES UNDER A WESTMINSTER- STYLE PARLIAMENTARY SYSTEM AND COMPRISES THE UPPER HOUSE CALLED THE RAJYA SABHA ("COUNCIL OF STATES") AND THE LOWER CALLED THE LOK SABHA ("HOUSE OF THE PEOPLE"). THE RAJYA SABHA IS A PERMANENT BODY THAT HAS 245 MEMBERS WHO SERVE IN STAGGERED SIX-YEAR TERMS. MOST ARE ELECTED INDIRECTLY BY THE STATE AND TERRITORIAL LEGISLATURES IN NUMBERS PROPORTIONAL TO THEIR STATE'S SHARE OF THE NATIONAL POPULATION. 6

LEGISLATIVE ALL BUT TWO OF THE LOK SABHA'S 545 MEMBERS ARE DIRECTLY ELECTED BY POPULAR VOTE; THEY REPRESENT INDIVIDUAL CONSTITUENCIES VIA FIVE-YEAR TERMS. [ THE REMAINING TWO MEMBERS ARE NOMINATED BY THE PRESIDENT FROM AMONG THE ANGLO-INDIAN COMMUNITY, IN CASE THE PRESIDENT DECIDES THAT THEY ARE NOT ADEQUATELY REPRESENTED. 7

JUDICIARY INDIA HAS A UNITARY THREE- TIER INDEPENDENT JUDICIARY THAT COMPRISES THE SUPREME COURT, HEADED BY THE CHIEF JUSTICE OF INDIA, 24HIGH COURTS, AND A LARGE NUMBER OF TRIAL COURTS. THE SUPREME COURT HAS ORIGINAL JURISDICTION OVER CASES INVOLVING FUNDAMENTAL RIGHTS AND OVER DISPUTES BETWEEN STATES AND THE CENTRE; IT HAS APPELLATE JURISDICTION OVER THE HIGH COURTS. IT HAS THE POWER BOTH TO DECLARE THE LAW AND TO STRIKE DOWN UNION OR STATE LAWS WHICH CONTRAVENE THE CONSTITUTION THE SUPREME COURT IS ALSO THE ULTIMATE INTERPRETER OF THE CONSTITUTION. 8

ALL INDIA SERVICES ALL-INDIA SERVICES ARE THOSE SERVICES WHICH ARE COMMON TO BOTH CENTRAL AND STATE GOVERNMENTS. AT PRESENT, THERE ARE THE FOLLOWING ALL-INDIA SERVICES : INDIAN ADMINISTRATION SERVICES INDIAN POLICE SERVICES INDIAN FOREST SERVICES INDIAN MEDICAL SERVICE INDIAN SERVICE OF ENGINEERS ALL-INDIA SERVICES FORM A SINGLE SERVICE WITH COMMON RIGHTS AND STATUS AND UNIFORM SCALES OF PAY THROUGHOUT THE COUNTRY. ALL THE THREE ALL-INDIA SERVICES ARE CLASS-I (GROUP A)SERVICES. 9

ALL INDIA SERVICES ALL-INDIA SERVICES HAVE THREE CATEGORIES. THEY ARE: (I) SUPER TIME SCALE (II) SENIOR SCALE (III) JUNIOR SCALE. IN THE BEGINNING, THE OFFICERS ARE APPOINTED ON JUNIOR SCALE. WITH THE COURSE OF TIME, JUNIOR SCALE OFFICERS ARE PLACED IN THE SENIOR SCALE AND THE SUPER TIME SCALE. 10

System of Recruitment THE COMPETITIVE EXAMINATION CONDUCTED BY THE UPSC FOR DIRECT RECRUITMENT TO ALL-INDIA SERVICES AND HIGHER CENTRAL SERVICES IS KNOWN AS “ CIVIL SERVICES EXAMINATION”. SINGLE EXAMINATION: THE CIVIL SERVICES EXAMINATION IS A SINGLE AND COMBINED EXAMINATION FOR RECRUITMENT TO THE INDIAN ADMINISTRATIVE SERVICES (IAS), INDIAN FOREST SERVICES (IFS) AND THE OTHER HIGHER CENTRAL SERVICES. NATIONALITY: FOR BOTH, IAS AND IPS, A CANDIDATE MUST BE A CITIZEN OF INDIA. FOR THE OTHER SERVICES, A CANDIDATE MUST BE EITHER CITIZEN OF INDIA OR OF NEPAL OR OF BHUTAN OR REFUGEE WHO CAM TO INDIA BEFORE

CENTRAL SERVICES THE PERSONNEL OF CENTRAL SERVICES WORK UNDER THE EXCLUSIVE JURISDICTION OF THE CENTRAL GOVERNMENT. MOST OF THEM ARE CONTROLLED AND MANAGED BY THEIR RESPECTIVE MINISTRIES. THE CENTRAL SERVICES CONSISTS OF THE CENTRAL CIVIL SERVICES AND THE GENERAL CIVIL SERVICES. THE FOUR CLASSIFIED CENTRAL SERVICES ARE: (I) CENTRAL SERVICES, GROUP A (II) CENTRAL SERVICES, GROUP B (III) CENTRAL SERVICES, GROUP C (IV) CENTRAL SERVICES, GROUP D 12

SYSTEM OF RECRUITMENT AGE LIMITS: A CANDIDATE MUST BE A MINIMUM OF 21 YEARS AND A MAXIMUM OF 30 YEARS OF AGE. EDUCATIONAL QUALIFICATION: A CANDIDATE MUST HOLD A DEGREE FROM ANY OF THE UNIVERSITIES INCORPORATED BY AN ACT OF THE CENTRAL OR STATE LEGISLATURE IN INDIA OR OTHER EDUCATIONAL INSTITUTION ESTABLISHED BY AN ACT OF PARLIAMENT. NUMBER OF ATTEMPTS : EVERY CANDIDATE IS PERMITTED FOUR ATTEMPTS AT THE EXAMINATION. BUT THE NUMBER OF ATTEMPTS PERMITTED TO OBC CANDIDATE IS SEVEN. 13

SYSTEM OF RECRUITMENT PLAN OF EXAMINATION: THE CIVIL SERVICES EXAMINATION CONSISTS OF TWO SUCCESSIVE STAGES CALLED THE PRELIMINARY EXAMINATION AND THE MAIN EXAMINATION. THE PRELIMINARY EXAM IS MEANT FOR THE SELECTION OF CANDIDATES FOR THE MAIN EXAMINATION, WHILE THE MAIN EXAMINATION IS MEANT FOR THE SELECTION OF CANDIDATE FOR VARIOUS SERVICES AND POSTS. INTERVIEW TEST: IT AIMS AT ASSESSING PERSONAL SUITABILITY OF THE APPLICANT FOR A CAREER IN CIVIL SERVICES. THE QUALITIES JUDGED BY A INTERVIEW TEST INCLUDES MENTAL ALERTNESS, CRITICAL POWERS, LOGICAL EXPOSITION, LEADERSHIP, AND MORAL INTEGRITY. 14

SELECTION OF CANDIDATES THE MARKS SECURED BY CANDIDATES IN THE WRITTEN EXAMINATION AND THE INTERVIEW TEST WOULD DETERMINE THEIR FINAL RANKING. THE CANDIDATES ARE ALLOTTED VARIOUS SERVICES KEEPING IN VIEW THEIR RANKS IN THE MAIN EXAMINATION. THE UPSC SUBMITS THE LIST OF THE SUCCESSFUL CANDIDATES ARRANGED IN THE ORDER OF MERIT TO THE MINISTRY OF PERSONNEL. THE MINISTRY OF EXTERNAL AFFAIRS GETS THE FIRST CHOICE TO CHOOSE THE REQUIRED QUOTA FOR THE INDIAN FOREIGN SERVICES (IFS) AFTER THAT, THE MINISTRY OF PERSONNEL SELECTS THE CANDIDATES FOR THE IAS. 15

SELECTION OF CANDIDATES THEREFORE, THE IAS OFFICERS ARE RECRUITED BY THE FOLLOWING THREE METHODS : (I) BY DIRECT RECRUITMENT THROUGH A COMBINED, OPEN, COMPETITIVE CIVIL SERVICES EXAMINATION (II) BY INDIRECT RECRUITMENT, THAT IS, PROMOTION OF OFFICERS (III) BY SPECIAL SELECTIONS FROM THOSE HOLDING GAZETTED POSTS UNDER STATE GOVERNMENTS. 16

UNION PUBLIC SERVICE COMMISSION T HE UNION PUBLIC SERVICE COMMISSION (UPSC) IS THE CENTRAL RECRUITING AGENCY IN INDIA. IT IS AN INDEPENDENT CONSTITUTIONAL BODY IN THE STATE THAT IS DIRECTLY CREATED BY THE CONSTITUTION OF INDIA. THE CONSTITUTION CONTAINS ELABORATE PROVISIONS REGARDING THE COMPOSITION, APPOINTMENT AND REMOVAL OF MEMBERS, POWERS AND FUNCTIONS AND INDEPENDENCE OF USPC. THE UPSC CAN ALSO SERVE THE NEEDS OF A STATE ON THE REQUEST OF THE GOVERNOR AND WITH THE APPROVAL OF THE PRESIDENT OF INDIA. 17

COMPOSITION THE UPSC CONSISTS OF A CHAIRMAN AND OTHER MEMBERS APPOINTED BY THE PRESIDENT OF INDIA. THE CONSTITUTION DOES NOT SPECIFY THE STRENGTH OF THE COMMISSION BUT HAS LEFT THE MATTER TO THE DISCRETION OF THE PRESIDENT. HENCE, THE COMPOSITION OF THE COMMISSION IS DETERMINED BY THE PRESIDENT. USUALLY, THE COMMISSION CONSISTS OF 9 TO 11 MEMBERS INCLUDING THE CHAIRMAN. 18

INDEPENDENCE THE CONSTITUTION HAS MADE THE FOLLOWING PROVISIONS TO SAFEGUARD AND ENSURE THE INDEPENDENT FUNCTIONING OF UPSC: (I) THE CHAIRMAN OR AM MEMBER OF THE UPSC CAN BE REMOVED FROM OFFICE BY THE PRESIDENT ONLY IN THE MANNER AND ON THE GROUNDS MENTIONED IN THE CONSTITUTION. (II) THE CONDITIONS OF SERVICES OF THE CHAIRMAN OR A MEMBER, THOUGH DETERMINED BY THE PRESIDENT. (III) THE ENTIRE EXPENSES INCLUDING THE SALARIES, ALLOWANCES AND PENSIONS OF THE CHAIRMAN AND MEMBERS OF THE UPSC ARE CHARGED ON THE CONSOLIDATED FUND OF INDIA. 19

UNION PUBLIC SERVICE COMMISSION FUNCTIONS: THE UPSC PERFORMS THE FOLLOWING FUNCTIONS: (I) IT CONDUCTS EXAMINATIONS FOR APPOINTMENT S TO THE ALL-INDIA SERVICES. (II) IT ASSISTS THE STATE IN FARMING AND OPERATING SCHEMES OF JOINT RECRUITMENT FOR ANY SERVICES FOR WHICH CANDIDATES POSSESSING SPECIAL QUALIFICATIONS ARE REQUIRED. (III) IT SERVES ALL OR ANY OF THE NEEDS OF A STATE ON THE REQUEST OF THE STATE GOVERNOR AND WITH THE APPROVAL OF THE PRESIDENT OF INDIA. 20

FUNCTIONS (IV) IT ADVICES THE PRESIDENT OF INDIA ON THE FOLLOWING: (a)ALL MATTERS RELATING TO METHODS OF RECRUITMENT TO CIVIL SERVICES (b) THE PRINCIPLES TO BE FOLLOWED IN MAKING APPOINTMENTS TO CIVIL SERVICES AND POSTS AND IN MAKING PROMOTION (c) THE SUITABILITY OF CANDIDATES FOR APPOINTMENTS TO CIVIL SERVICES AND POSTS (d)ON ALL DISCIPLINARY MATTERS AFFECTING A PERSON SERVICING UNDER THE GOVERNMENT OF INDIA. 21

UNION PUBLIC SERVICE COMMISSION THE COMMISSION VISUALIZES THE UPSC TO BE THE ‘WATCHDOG OF MERIT SYSTEM’ IN INDIA. IT IS CONCERNED WITH THE RECRUITMENT TO THE ALL-INDIA SERVICES AND CENTRAL SERVICES AND ADVISES THE GOVERNMENT. IT IS NOT CONCERNED WITH THE CLASSIFICATION OF THE SERVICES, PAY AND SERVICE CONDITIONS, TRAINING, AND SO ON. THE ROLE OF UPSC IS NOT ONLY LIMITED, BUT ALSO RECOMMENDATIONS MADE BY IT ARE ONLY OF ADVISORY NATURE AND HENCE, THEY ARE JUST TO ADVISE NOT TO DECIDE. THE EMERGENCE OF CENTRAL VIGILANCE COMMISSION (CVC)IN 1954 AFFECTED THE ROLE OF UPSC IN DISCIPLINARY MATTERS. HOWEVER THE UPSC, BEING AND INDEPENDENT CONSTITUTIONAL BODY, HAS AN EDGE OVER THE CVC. 22

MINISTRY OF PERSONNEL THE FULL-NAME OF THE MINISTRY OF PERSONNEL IS THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES, AND PENSIONS. IT IS THE NODAL PERSONNEL AND ADMINISTRATIVE REFORMS AGENCY IN THE COUNTRY. (a)IT IS HEADED, POLITICALLY BY THE PRIME MINISTER AND ADMINISTRATIVELY, BY THE PERSONNEL SECRETARY. (b)DEPARTMENT OF PERSONNEL AND TRAINING (c)DEPARTMENT OF ADMINISTRATIVE REFORMS, AND PUBLIC GRIEVANCES. (d)DEPARTMENT OF PENSIONS AND PENSIONER’S WELFARE. 23

co MINISTRY OF PERSONNEL ntinued THE VARIOUS AGENCIES WHICH WORKS UNDER THE ADMINISTRATIVE CONTROL OF THE MINISTRY ARE: 1.UNION PUBLIC SERVICE COMMISSION (UPSC) 2.STAFF SELECTION COMMISSION (SSC) 3.PUBLIC ENTERPRISES SELECTION BOARD ( PESB) 4.CENTRAL VIGILANCE COMMISSION (CVC) 5.CENTRAL BUREAU OF INVESTIGATION (CBI) 6.CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) 7.NATIONAL ACADEMY OF ADMINISTRATION ( NAA) 8.INDIAN INSTITUTE OF PUBLIC ADMINISTRATION (IIPA) 9.INSTITUTE OF SECRETARIAT TRAINING AND MANAGEMENT (ISTM) 10.JOINT CONSULTATIVE MACHINERY (JCM) 24

CENTRAL ADMINISTRATIVE TRIBUNAL FOLLOWING POINTS CAN BE NOTED WITH REGARD TO THE CENTRAL ADMINISTRATIVE TRIBUNAL: 1.IT WAS ESTABLISHED IN 1985 UNDER THE ADMINISTRATIVE TRIBUNAL ACT (1985) OF PARLIAMENT. 2.ITS OBJECTIVE IS TO PROVIDE SPEEDY AND INEXPENSIVE JUSTICE TO AGGRIEVED CIVIL SERVANTS. IT DEALS WITH DISPUTES RELATING TO RECRUITMENT AND ALL SERVICES MATTERS. 3.IT IS A MULTI-MEMBER BODY CONSISTING OF A CHAIRMAN, 16 VICE-CHAIRMAN AND 49 MEMBERS. 4.ITS MEMBERS ARE DRAWN FROM BOTH JUDICIAL AND ADMINISTRATIVE STREAMS. THEY ARE APPOINTED BY THE PRESIDENT. 5.IT IS GUIDED BY THE PRINCIPLES OF NATURAL JUSTICE. IT IS NOT BOUND BY THE PROCEDURE LAID DOWN IN THE CIVIL PROCEDURE CODE (1908). 25

Training of IAS THE FOUNDATIONAL TRAINING COURSE ORGANIZED THE NATIONAL ACADEMY IS A COMBINED TRAINING COURSE FOR THE NEW ENTRANTS OF ALL INDIA SERVICES, THAT IS IAS, IPS AND IFS THIS COMBINED COURSE UNDER A COMMON ROOF IS IMPARTED WITH THE FOLLOWING OBJECTIVES: i.TO DEVELOP A FEELING OF BELONGINGNESS AND A BROAD COMMON OUTLOOK AMONG THE MEMBERS OF THE HIGHER CIVIL SERVICES. ii.TO PROVIDE AN UNDERSTANDING OF THE CONSTITUTIONAL, ECONOMIC, SOCIAL, POLITICAL, LEGAL AND CULTURAL CONTEXT WITHIN WHICH THE ADMINISTRATORS HAVE TO FUNCTION AND MAKE THEIR CONTRIBUTIONS. iii.TO TEACH PROFESSIONAL, ADMINISTRATIVE AND HUMAN VALUES AMONG THE PROBATIONERS. iv.AFTER COMPLETION OF THE FOUNDATIONAL COURSE, THE PROBATIONERS OF OTHER SERVICES ARE SENT TO THEIR RESPECTIVE TRAINING INSTITUTES FOR PROFESSIONAL TRAINING, WHILE IAS PROBATIONERS CONTINUE TO STAY AT THE ACADEMY FOR THEIR PROFESSIONAL TRAINING. 26

continued Training of IAS: IN 1957, THE IAS STAFF COLLEGE WAS ESTABLISHED AT SHIMLA TO PROVIDE A REFRESHER TRAINING COURSE FOR SENIOR IAS OFFICERS. THE VARIOUS COMPONENTS OF THE INDUCTION TRAINING PROGRAMME FOR IAS ARE: i.FOUNDATIONAL TRAINING 4MONTHS ii.PROFESSIONAL TRAINING (FIRST SPELL) 5MONTHS iii.DISTRICT TRAINING IN THE STATE 12MOTHS iv.PROFESSIONAL TRAINING (SECOND SPELL) 3MONTHS TOTAL 24MONTHS 27