Administration and management: Meaning, nature and significance
• The English word administer is derived from Latin word ‘ministrate’ meaning to serve or manage’. Literally, the term means management of affairs, either public or private.
• Administration refers to mobilisation of resources – human and material- to achieve -set of objectives.
• Administration is thus an activity undertaken in pursuit of the realisation of a goal.
• It is an effort requiring a group of persons, each individually carrying out certain allotted tasks, which when so performed by all, leads to the achievement of an objective which has already been established and made explicit.
• Management is defined as an act of managing people and their work, for achieving a common goal by using the organization’s resources.
• It creates an environment under which the manager and his subordinates can work together for the attainment of group objective. It is a group of people who use their skills and talent in running the complete system of the organization.
• Planning, organizing, leading, motivating, controlling, coordination and decision making are the major activities performed by the management.
• Management brings together 5Ms of the organization, i.e. Men, Material, Machines, Methods, and Money.
• It is a result oriented activity, which focuses on achieving the desired output.
The nature of management can easily be brought out by the following elements:
(i) Management is goal-oriented:
• Management is not an end in itself. It is a means to achieve certain goals.
• Management goals are called group goals or organisational goals.
• The basic goal of management is to ensure efficiency and economy in the utilisation of human, physical and financial resources.
• The success of management is measured by the extent to which the established goals one achieved. Thus, management is purposeful.
(ii) Management is universal:
• Management is an essential element of every organised activity irrespective of the size or type of activity.
• Wherever two or more persons are engaged in working for a common goal, management is necessary.
• All types of organisations, e.g., family, club, university, government, army, cricket team or business, require management.
• Thus, management is a pervasive activity. The fundamental principles of management are applicable in all areas of organised effort.
• Managers at all levels perform the same basic functions.
(iii) Management is an integrative force:
• The essence of management lies in the coordination of individual efforts in to a team.
• Management reconciles the individual goals with organisational goals.
• As unifying force, management creates a whole that is more than the sum of individual parts.
• It integrates human and other resources.
(iv) Management is a social process:
• Management is done by people, through people and for people.
• It is a social process because it is concerned with interpersonal relations.
• Human factor is the most important element in management.
• It is the pervasiveness of human element which gives management its special character as a social process.
(v) Management is multidisciplinary:
• Management has to deal with human behaviour under dynamic conditions.
• Therefore, it depends upon wide knowledge derived from several disciplines like engineering, sociology, psychology, economics, anthropology, etc.
• The vast body of knowledge in management draws heavily upon other fields of study.
(vi) Management is a continuous process:
• Management is a dynamic and an on-going process.
• The cycle of management continues to operate so long as there is organised action for the achievement of group goals.
(vii) Management is Intangible:
• Management is an unseen or invisible force.
• It cannot be seen but its presence can be felt everywhere in the form of results.
• However, the managers who perform the functions of management are very much tangible and visible.
The significance of management can be brought out by following points:-
(i) Achievement of group goals:
• A human group consists of several persons, each specialising in doing a part of the total task.
• Each person may be working efficiently, but the group as a whole cannot realise its objectives unless there is mutual cooperation and coordination among the members of the group.
• Manager creates team-work and coordination in the group. He reconciles the of the group with those of its members so that each one of them is motivated to make his best contribution towards the accomplishment of group goals.
• Managers provide inspiring leadership to keep the members of the group working hard.
(ii) Optimum utilisation of resources:
• Managers forecast the need for materials, machinery, money and manpower.
• They ensure that the organisation has adequate resources and at the same time does not have idle resources.
• They create and maintain an environment conducive to highest productivity.
• Managers make sure that workers know their jobs well and use the most efficient methods of work.
• They provide training and guidance to employees so that they can make the best use of the available resources.
(iii) Minimisation of cost:
• In the modern era of cut-throat competition no business can succeed unless it is able to supply the required goods and services at the lowest possible cost per unit.
• Management directs day-to-day operations in such a manner that all wastage and extravagance are avoided.
• By reducing costs and improving efficiency, managers enable an enterprise to be competent to face competitors and earn profits.
(iv) Survival and growth:
• Modern business operates in a rapidly changing environment. An enterprise has to adapt itself to the changing demands of the market and society.
• Management keeps in touch with the existing business environment and draws its predictions about the trends in future.
• It takes steps in advance to meet the challenges of changing environment. Changes in business environment create risks as well as opportunities.
• Managers enable the enterprise to minimise the risks and maximise the benefits of opportunities. In this way, managers facilitate the continuity and prosperity of business.
(v) Generation of employment:
• By setting up and expanding business enterprises, managers create jobs for the people.
• People earn their livelihood by working in these organisations.
• Managers also create such an environment that people working in enterprise can get job satisfaction and happiness.
• In this way managers help to satisfy the economic and social needs of the employees.
EVOLUTION OF PUBLIC ADMINISTRATION AS A DISCIPLINE
• Woodrow Wilson’s thought provoking and revolutionary paper ‘The Study of Administration’ in the Political Science Quarterly brought it along and that’s why he is considered the founder of this discipline.
• Public Administration is a combination of both theory and practice. As a discipline it studies and analyses the machinery and procedure of government while formulating and implementing policies and that analysis/study gives birth to new ideas, which are then applied to the activity of government to test the practicality as to whether it increases efficiency. Therefore, they both are interdependent.
• There are five stages in the chronology of the evolution of Public Administration as a discipline:
Stage 1: Politics administration dichotomy(1887-1926)
Stage 2: Principles of administration(1927-1937)
Stage 3: Era of challenge(1938-1947)
Stage 4: Crises of identity(1948-1970)
Stage 5: Public policy perspective(1971 onwards)
• first stage was the manifestation of Woodrow Wilson’s view of politics – administration dichotomy( difference between two things as they are completely opposite).
• This led to a spurt in the interest of its studies in various American as well as universities around the globe and reforms were made in government and thus scholars were attracted to public administration with a new vigour.
• Woodrow Wilson propogated this view since at that time people were fed up with the government and its various policies, rampant corruption and the spoils system that prevailed in the bureaucratic framework.
• This was the major reason for people to readily lap up his view. L.D. White published a book ” Introduction to the Study of Public Administration” in 1926 that further buttressed this view.
• The second stage of administrative theory was marked by the same fervour of reinforcing the Wilsonian view of Public Administration of public administration dichotomy and evolve a value neutral or rather value free science of management.
• It was believed that there are certain principles (guiding/basic ideas) of administration that are common to all organizations and will work for all bringing out optimum efficiency.
• This was the mature Industrial Revolution period and all that countries were concerned with was increasing production at any cost in order to earn big.
• Also Industrial revolution’s rapid expansion of industries led to new problems in management that were unforeseen and therefore difficult to solve.
• That’s when F.W. Taylor and Henri Fayol stepped in and generated their principles of administration/management.
• They were successful administrators in their own right and therefore their views held a lot of water and were readily accepted by the industries world over.
• Taylor and Fayol advocated for adopting engineering based scientific methods in the field of industrial work process in order to increase efficiency and economy.
• These schools of thought are grouped under the Classical theory of administration.
• Max Weber’s conceptual framework of bureaucracy deserves special mention as it brought about a paradigm shift in the theory of public administration.
• He was the first to provide the discipline with a solid theoretical base. He viewed bureaucracy as a national rules’ based central system that regulated the organization’s structure and process accordingly to technical knowledge and maximum efficiency.
• He was concerned about the evolution of modern civilization with bureaucracies.
• All the three theorists mentioned above laid emphasis on the physiological and mechanistic aspects of public administration and that is why this school of thought, apart from being called the classical school of thought, is also known as the Mechanical theory of organization/administration.
• The third stage in the evolution of the theory of public administration is known as the era of challenge because the above mentioned principles and iron cage/mechanistic view of administration and workers were challenged.
• The Human relations theory brought about a pragmatic view to administrative issues. It emphasised on the human aspects of administration that sprung from the Hawthorne experiments conducted by Elton Mayo and his colleagues at Harvard Business School in the late 20’s and early 30’s of the twentieth century.
• The main focus of study in this approach was to study the psychological and social problems of the industrial workers.
• The scholars of this theory identified variables like informal organisation, leadership, morale and motivation for maximum use of human resources in industries.
• This led to a far vast study by Herbert Simon and others that developed the Behavioural Science theory. The behavioural science school of thought propagated by Herbert Simon challenged the principles of administration and its mechanistic ways as mere proverbs where one contradicted the other and thus are nothing more than general statements based on person to person experience and lacking a theoretical foundation.
• Herbert Simon advocated that decision analysis is what should be studied as decision making is the heart of administration where a decision has to be taken at each and every stage of administration day in and day out and administration is a series of decisions that lead to implementation and nothing more.
• According to Simon if administrative behaviour in an organisational setting has to be anaysed, then that can only be done by studying the decisions taken by the administrators.
• Chester Barnard and Edwin Stene were other two remarkable theorists of the Behavioural school.
• The next stage that is the crisis of identity stage is set in the late 20th century where many parts of the world were just out of wars and colonisation called the developing nations.
• This phase marked a debate for the return of values in Public administration and cross cultural as well as cross national study of administration.
• The US also faced a host of crisis in the 1960’s and the traditional public administration failed to answer a lot of questions to provide solutions to the problems.
• Thus grew a need to reinvent public administration and lead to a question as to whether public administration that had been known as it is till then was relevant anymore.
• Thus was born the concept of ‘ New Public Administration’ courtesy Dwight Waldo from the First Minnowbrook Conference in 1968 attended by young scholars and practitioners of Public Administration.
• These were the second generation behaviouralists as per George Frederickson who was a very important part of the FIrst Minnowbrook Conference and the main convenor of the 2nd Minnowbrook conference 20 years later in 1988.
• It laid stress on values in public administration and a commitedness by administrators and scholars of the discipline towards value formulation and their implementation.
• It developed the thought of society and its welfare as the main goal of public administration in today’s times through the public policy approach.
• It brought democratic humanism and client orientation as well as the science perspective in New Public Administration.
• The collapse of the Soviet Union also strengthened this view.
• Public Policy theory is the next stage in the development of Public Administration theory.
• Public policy is an attempt by a government to address a public issue by instituting laws, regulations, decisions, or actions pertinent to the problem at hand.
• It is policy that is made for the welfare of the people and their development.
• As a discipline public policy perspective is the study of govt. policies for the people and its pros and cons and how to better the same.
• Here it has come closer to political science again and also has incorporated many management principles to help public administration cope up with the dynamics of its discipline and conduct.
Role under Liberalisation, Privatisation & Globalisation (LPG):
• Under LPG the bureaucracy has to play an open and competitive role as the policy of LPG affects the role, values and skills of public bureaucracy.
• Liberalisation is the withdrawal of all direct controls of the government on the economic sectors through deregulation, relicensing and decontrol of pricing and distribution of products and services.
• Privatisation is the transfer of public ownership to private ownership that will help lead to efficiency and encourage investment that will eventually help in development of infrastructure and social programmes.
• Globalisation is the opening up of world trade thus converting the world into a global village or global market.
• Therefore, under these new reforms Public Administration has to play the role of an enabler, collaborator, facilitator, partner (through public-private partnerships in various sectors like telecom, airlines, electricity etc.), regulator of the market and directly handler of sensitive departments such as defence, law and order, atomic energy and foreign policy.
• And with regards to social programmes and policies effective implementation it can partner up with various NGO’s and charity organisations.
Recent and Current Trends in Public Administration:
• Growth of science and technology has brought about a period of stress as well as development in the field of Public Administration both as an art(way of conducting and actually doing the activities of Public Administration by administrators) and as a science (academic field of study for students and scholars).
The recent trends are:
1) Public – Private Partnerships:
• Though there are many differences in public and private administration, one must not forget that if they both team up viz. their respective strengths it can lead to the best of both worlds.
• Public administration brings in its expertise on social issues and policies and private administration brings in its specialisation on management and how to improve efficiency to achieve the pre-set goals by the public policy.
2) Public Administration in policy making:
• Public administration can never be separated from policy formulation but nowadays it is becoming all the more dominant and is easily seen.
• Civil services can give shape to stated policies through exercise of choice and judgement in administering them and secondly they are engaged in policy formulation through their suggestive, analytical and interpretative roles.
3) Movement towards political economy:
• Recently economists have developed new methods of analysing the cost and benefits of govt. programmes and administrators are choosing more and more economics as a base of public admin than political science.
4) New emerging goals of Public Administration:
• Efficiency (read. Technical Efficiency) and effectiveness are the ultimate goals of Public Administration.
5) Staff and line units are complimentary, not antognostic
• Line agencies are the field work agencies and staff units are the technically specialised co-ordination and facilitating agencies between upper management from where decisions come and the line agencies who implement them first hand.
6) Human Relations approach in Public Administration:
• Its main orientation is towards change in attitudes, values and structures of organisations.
7) People’s participation in decision making:
• Minority groups as well as poor and marginalized sections are now getting their fair share in public policy and decision making.
• Panchayats and Municipal corporations have been provided with constitutional status.
9) Emerging changes in bureaucratic pattern and behaviour:
• It emphasis upon formal structure, hierarchy and efficiency.
• It is the most important in a democratic form of government for the welfare of people.
• It is centrally involved in change and transformation of society.
• Recently there has been a growth and spread of new management techniques in public administration.
• It is now concerned with human goals like: life, liberty and pursuit of happiness.
• The new public administration is concerned about social equity, sensitivity to human suffering and social needs.
Judicial Control over Administration
• The forms and methods of judicial control over administration vary from country to country, depending upon the type of the constitution and the system of law.
• Broadly speaking, there are two systems of legal remedies against administrative encroachments on the rights of citizens.
• One is called the Rule of Law system and the other is called the Administrative Law system.
• The Rule of Law means that everybody, irrespective of social and cultural differences, whether an official or a private citizen is subject to the same law and the ordinary law of the land.
• The official cannot take shelter behind state sovereignty in committing mistakes in his official capacity.
• The rule of law system prevails in England and other Commonwealth countries including India. It is also prevalent in the USA and many other democratic counties.
• The administrative law system is based on the assumption of separate law and courts for dealing with administrative actions. This system prevails mainly in France.
• In the following paragraphs, we shall discuss some of the forms of judicial control over administration in India, under the Rule of Law system.
• The judicial review implies the power of the courts to examine the legality and constitutionality of administrative acts of officials and also the executive orders and the legislative enactments.
• This is very important method of judicial control. This doctrine prevails in countries where Constitution is held supreme, for example, in U.S.A. India, Australia, etc.
• In India, judicial review is restricted by certain provisions of the constitution as well as of Acts declaring finality of administrative decisions in particular matters.
• However, it can be stated that the Legislature in India, being non-sovereign body cannot exclude judicial review in certain cases unless there is a provision to that effect in the Constitution.
• Generally, the courts do not interfere with purely administrative action unless it is ultra-vires as regards its scope or form.
• Even in Britain, where judicial review is not applicable, the courts can use this system of controlling administrative actions within the scope of parliamentary statutes.
• In view of the parliament’s sovereignty in Britain, many administrative acts and decisions are excluded from judicial review by the courts themselves under what is called ‘judicial self-limitation’.
• In the USA, judicial, review, at least in theory extends to the entire field of administrative action.
• However, in practice, the courts in the USA have, by self-denial, restricted their power in several ways.
• For instance, courts usually do not review certain type of decisions particularly those concerning administrative discretion.
• The statutes made by Parliament and State Assemblies itself provide that in a particular type of administrative action, the aggrieved party will have a right of appeal to the courts or to a higher administrative tribunal.
• Sometimes, legislative enactment itself may provide for judicial intervention in certain matters.
Suits Against the Government
• There are several limitations, varying from country to country, as regards filing suits against the government for its contractual liability.
• The contractual liability of the Union and the State Governments is the same as that of an individual citizen under the ordinary law of contracts, subject however, to any statutory conditions of limits, which the Parliament can regulate under the constitution.
• The State is liable for the tortuous acts of its officials in respect of the non-sovereign functions only.
• In Britain, under the Crown Proceedings Act of 1947, the State is liable for torts committed by its servants i.e., public officials, subject to some exceptions.
• In U.S.A, subject to a few exceptions, there is no statutory provision to sue the State in tort.
• On the other hand, the liability of the State for the wrongful acts of its officials is fully established.
Criminal and Civil Suits against Public Officials
• The position regarding the public officials’ personal liability in respect of acts done by them in their official capacity varies from country to country.
• In India, civil proceedings can be instituted against a public official for anything done in his official capacity after giving two months’ notice.
• When criminal proceedings are to be instituted against an official for the acts done in his official capacity, previous sanctions of the Head of the State i.e., the President or the Governor is required.
• Some functionaries like the President and the Governor are immune from legal proceedings even in respect of their personal acts. Ministers, however, do not enjoy such immunity.
• The Monarch in Britain and President in the U.S.A. are also immune from legal liability.
• Apart from the methods of judicial control already discussed, there are the extraordinary remedies in the nature of writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.
• These are called extraordinary remedies because the courts grant these writs except the writ of Habeas Corpus, in their discretion and as a matter of right and that too when no other adequate remedy is available.
• A writ is an order of the court enforcing compliance on the part of those against whom the writ is issued.
• In India, these writs are available under the provisions of the Constitution. While the Supreme Court is empowered to issue these writs or orders or directives only for the enforcement of Fundamental Rights, the High Courts are empowered to issue these writs not only for the enforcement of Fundamental Rights but also for other rights.
• In Britain, these are called Prerogative Writs issued in the name of the King as the fountainhead of justice.
• In the U.S.A. these are provided for partly by common law and partly by statute.
• The writ of injunction is not specifically provided in the Constitution. However, it is issued by the Indian courts.
a) Habeas Corpus: Habeas Corpus literally means to have the body of.
• This writ is an order issued by the court against a person who has detained another to produce the latter before the court and submit to its orders.
• If it is found that the person in unlawfully or illegally detained, he will be set free.
• This writ is a great bulwark of individual freedom and can be described as the cornerstone of personal liberty.
• This writ is granted as a matter of a right of prima facie, if it is established that the person is unlawfully detained.
• Its utility is, however restricted in India in view of the provision of Preventive Detention Act.
b) Mandamus: Mandamus literally means command.
• If a public official fails to perform an act which is a part of his public duty and thereby violates the right of an individual, he /she will be commanded to perform the act through this writ.
• From the standpoint of judicial control over administrative lapses, it is an effective writ.
• In India, this can also be issued to compel a court or judicial tribunal to exercise its jurisdiction.
c) Prohibition: It is a judicial writ issued by a superior court to an inferior court, preventing it from usurping jurisdiction, which is not vested with it.
• While Mandamus commands activity, Prohibition commands inactivity.
• This writ can be issued only against judicial or quasi-judicial authorities to prevent exercise of excess of jurisdiction by a subordinate court.
• As such, its significance as a method of judicial control over administration is limited.
d) Certiorari: While Prohibition is preventive, Certiorari is both preventive and curative.
• It is a writ issued by a superior court for transferring the records of proceedings of a case from an inferior court or quasi-judicial authority to the superior court for determining the legality of the proceedings.
e) Quo Warranto: Literally, Quo Warranto means ‘on what authority’.
• When any person acts in a ‘public office’ in which he/she is not entitled to act, the court by the issue of this writ, will enquire into the legality of the claim of the person to that office.
• If the said claim is not well founded, he/she will be ousted from that office.
• It is, thus, a powerful instrument against the usurpation of ‘public offices’.
Limitations of Judicial Control over Administration
a) Unmanageable volume of work
b) Post-mortem nature of judicial control
c) Prohibitive Costs
d) Cumbersome procedure
e) Statutory limitations
f) Specialised nature of administrative actions
g) Lack of awareness
h) Erosion of autonomy of judiciary
Legislative Control over Administration
• In India, the tools of legislative control are: Questions, Resolutions, Zero Hour Discussion, Adjournment Motions, Votes of Censure, Budgets and Parliamentary Committees, Public Accounts Committee, Estimates Committee, Committees on Public Undertakings, Committee on Subordinate Legislation and the Committee on Assurances.
• Thus, the opportunity for exercising control over administration assumes several forms, which may briefly be discussed below:
(1) President’s Speech:
• Every new session of Parliament opens with a speech from the President.
• The President’s speech broadly spells out the major policies and activities with which the executive would be preoccupied in the period immediately ahead.
• Normally, four days are set aside for general discussion on it.
• The members of Parliament have, during this period, an opportunity to criticize the entire realm of administration for its alleged acts of omission as well as commission.
• It is, however, well to bear in mind that the speeches are made on this occasion as well as on others with a view to swaying the public opinion outside the Parliament, not to influencing the honourable members, who rigidly follow, or are obliged to follow, party lines in utterances and voting.
(2) Budget Discussion:
• Since the introduction of the ‘Budget on Account’, Parliament now has greater opportunity of discussion on the budget proposals.
• The members of Parliament have the following opportunities of criticizing the administration.
• After the presentation of the budget, general discussion takes place. At this occasion the discussion relates to the budget as a whole or any question of principle involved therein.
• Voting on grants provides the second opportunity. Discussion at this stage is confined to each head of the Demand, and if cut motions are moved, to the specific points raised therein. The discussion is sufficiently pointed and may be focussed on specific points.
• Discussion on the Finance Bill provides a boundless opportunity to discuss the entire administration.
(3) Question Hour:
• The first hour of every parliamentary day is reserved for questions, which provide an effective form of control.
• On an average some thirty questions are orally asked and answered daily.
• The privilege of asking questions keeps the entire administration on its toes.
• A question is an effective device of focussing public attention, in a striking manner, on different aspects of administration’s policies and activities.
• A question is generally followed by supplementary questions, which provided a sort of cross-examination of the Minister, and do often catch off his balance.
(4) ‘Zero Hour’ Discussion:
• ‘Zero Hour’, India’s innovation in the field of parliamentary practices, has emerged, since 1962, as a powerful tool of control over the executive, though it is not a formally prescribed device available to the Members of Parliament.
• It is in a way extra-regular and is so called because it is invoked in the House immediately after the question hour but before the items on the order paper of the House (that is, the agenda for the day) are taken up for discussion and disposal.
• As the Parliament meets at 11.00 a.m. and the question hour is over at 12.00, the latter is the ‘Zero Hour’.
• It is at this hour that the Members of Parliament can raise, subject to the permission of the Presiding officer, matters which in their eyes are of public importance – even if not listed in the day’s order paper.
(5) Adjournment Debates:
• The device of adjournment motion is a tool of day-to-day control, and may be utilized for raising a discussion in the House on any specific question of urgent nature and of public importance.
• If allowed by the presiding officer, an immediate debate takes place on the matter raised, thus suspending the normal business of the House.
• Adjournment debate is to be distinguished from the two hours’ debate which may ensue on a matter of urgent public importance.
• The former is characterized by voting after the debate is over; in the latter there is simply a discussion and no voting.
(6) No-confidence Motion:
• Provision for ‘no-confidence’ motion also called censure motion, exists in the Constitution itself.
• A censure motion provides an occasion when the entire policy of the Government, or a part of it, comes under fire.
• An adverse vote on this occasion leads to the resignation of the Government.
• For the first time in Indian parliamentary history, a ‘no-confidence’ motion was discussed and defeated in the Lok Sabha in 1963. And its frequency has increased in the post-Nehru era.
(7) Debates on Legislation:
• The various readings of a bill provide opportunities to the Members of Parliament to criticize the entire policy underlying the bill.
• The criticism may even make the Government change its mind.
• The Government, for instance, withdrew the highly controversial Hindu Code Bill in 1951.
• Again in 1968, the Government rescinded its earlier decision to change the name of the Benaras Hindu University.
(8) Parliamentary Committees:
• Parliamentary committees, Public Accounts Committee, Estimates Committee, Committee on Public Undertakings, Committee on Subordinate Legislation and Committee on Assurances—are also tools of controls over administration.
• Parliament exercises control over public expenditure through the Comptroller and Auditor-General, who audits all Government accounts to ensure that the money granted by Parliament has not been exceeded without a supplementary vote, and that the money expended conforms to rules.
• The accountability of Government to Parliament in the field of financial administration is, thus, secured through the reports of the Comptroller and Auditor- General, who has rightly been described as ‘the guide, philosopher and friend’ of the Public Accounts Committee.
Rajasthan Public Service Commission
• Parallel to Union Public Service Commission (UPSC) at the Centre, there is a State Public Service Commission (SPSC) in a State.
• The articles 315 to 323 in part XIV of the Constitution deal with the composition, appointment and removal of members and power, functions and independence of a SPSC.
• In Rajasthan SPSC is called as Rajasthan Public Service Commission (RPSC).
History and Background:
• The Government of India Act of 1919 provided for a Central Public Service Commission. After which a Commission was then setup in 1926 and tasked with recruitment of civil servants.
• The Government of India Act of 1935 provided for establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission.
Constitutional Provisions related to RPSC:
Composition (Article 316)
• Consists of Chairman and other members appointed by the Governor.
• No other qualification except that 1/2 of the members shall be persons who at the dates of their appointment have held office for at least 10 years under the Government of India/ Government of a State.
• Tenure: 6 years or 62 years of age whichever is earlier.
• Resignation- Addressed to the Governor.
Removal & Suspension (Article 317)
• Although the chairman and members of a SPSC (RPSC) are appointed by the governor, they can be removed only by the president (and not by the governor).
• The president can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC.
Thus, he can remove him under the following circumstances:
• If he is adjudged an insolvent (i.e., has gone bankrupt); or
• If he engages, during his term of office, in any paid employment outside the duties of his office; or
• If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.
In addition to these, the president can also remove the chairman or any other member of SPSC for misbehaviour.
• However, in this case, the president has to refer the matter to the Supreme Court for an enquiry.
• If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member.
• Under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the president.
• However, during the course of enquiry by the Supreme Court, the governor can suspend the concerned chairman or member, pending the final removal order of the president on receipt of the report of the Supreme Court.
Constitution states that the chairman or any other member of a SPSC is deemed to be guilty of misbehaviour, if he
• is concerned or interested in any contract or agreement made by the Government of India or the government of a state, or
• participates in any way in the profit of such contract or agreement or in any benefit there from otherwise than as a member and in common with other members of an incorporated company.
Independence of SPSC (RPSC)
• As in the case of UPSC, the Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a SPSC:
- The chairman or a member of a SPSC can be removed from office by the president only in the manner and on the grounds mentioned in the Constitution. Therefore, they enjoy the security of tenure.
- The conditions of service of the chairman or a member, though determined by the governor, cannot be varied to his disadvantage after his appointment.
- The entire expense including the salaries, allowances and pensions of the chairman and members of a SPSC are charged on the consolidated fund of the state. Thus, they are not subject to vote of the state legislature.
- The chairman of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or a member of the UPSC or as the chairman of any other SPSC, but not for any other employment under the Government of India or a State
- (e)A member of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or a member of the UPSC, or as the chairman of that SPSC or any other SPSC, but. not for any other employment under the Government of India or a state.
- The chairman or a member of a SPSC is (after having completed his first term) not eligible for reappointment to that office (that is, not eligible for second term).
Powers & Functions of SPSC (RPSC)
• A State Public Service Commission performs all those functions in respect of the state services as the UPSC does in relation to the Central services:
1. It conducts examinations for appointments to the services of the state.
2. It is consulted on the following matters related to personnel management.
3. All matters relating to methods of recruitment to civil services and for civil posts.
4. The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another.
5. The suitability of candidates for appointments to civil services and posts for promotions and transfers from one service to another, and appointments by transfer or deputation. The concerned departments make recommendations for promotions and request the SPSC to ratify them.
Rajasthan Public Service Commission
- At the time of formation of Rajasthan, Public Service Commissions existed in only three of the 22 covenanting states viz. Bikaner, Jaipur and Jodhpur.
- The successor state administration after the merger of the princely states promulgated an ordinance establishing the Rajasthan Public Service Commission at Ajmer.
- The ordinance provided for the abolition of the PSCs or other institution performing duties in the nature of those of a PSC in the constituent states.
- It also provided inter-alia, for the composition of the Commission, the staff and the functions of the Commission.
- It was published in Raj. Gazette on 20th August, 1949 and RPSC was institutionalised.
- Initially the composition of the Commission was one Chairman and 2 Members.
• First Chairman: Dr. S.K Ghosh
• Current Chairman : Deepak Upreti (32nd Chairman) Appointed: July 2018
Rajasthan State Information Commission
• The Right to Information (RTI) Act, 2005, which came into force on 12 October 2005, marked a higher level of evolution of India’s democratic system.
• The Right to Information Act of 2005 provides for the creation of not only the Central Information Commission but also a State Information Commission at the state level. Accordingly, Rajasthan Information Commission (RIC) was constituted on April 18, 2006.
Composition of State Information Commission
• The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners.
• They are appointed by the Governor on the recommendation of a committee consisting of:
o The Chief Minister as Chairperson,
o The header of Opposition in the Legislative Assembly and
o A State Cabinet Minister nominated by the Chief Minister.
• They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
• They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory.
• They should not hold any other office of profit or connected with any political party or carrying on any business.
Tenure & Service Conditions:
• The State Chief Information Commissioner and State Information Commissioners hold office for 5 years or until they attain age of 65.
• They are not eligible for reappointment.
• Salary, allowances and other service conditions of the Chief Station IC are similar to Election Commissioner and that of State IC’s are similar to those of Chief Secretary of State Government.
Powers & Functions:
The quasi-judicial powers and functions of the State Information Commission are:
• It is the duty of the Commission to receive and inquire into a complaint from any person:
o Who has not been able to submit an information request because of non-appointment of a Public Information Officer (PIO).
o Who has been refused requested information
o Who has not received response within specified time-limits.
o Who thinks fees charged are unreasonable.
o Who thinks information is incomplete, misleading of false.
o Any other matter relating to obtaining information.
• The Commission can order inquiry into any matter if there are reasonable grounds (suo-moto power).
• While inquiring, the Commission has the powers of a civil court in respect of civil matters:
• During the inquiry of a complaint, the Commission may examine any record which is under the control of the public authority and no such record may be withheld from it on any grounds. In other words, all public records must be given to the Commission during inquiry for examination.
• The Commission has the power to secure compliance of its decisions from the public authority.
• The Commission submits an annual report to the State Government on the implementation of the provisions of this Act. The State Government places this report before the State legislature.
Rajasthan State Information Commission:
Rajasthan Information Commission (RIC) was constituted on April 18, 2006.
Shri M.D. Kaurani was the first State Chief Information Commissioner. Apart from CIC there are two other Information Commissioners in Rajasthan.
- RIC is the final appellate authority with regard to the matters mentioned in Right to Information Act, 2005. Its decisions are final and binding (subject to decision of writ in High Court against RIC’s verdict).
- RIC has also been empowered to receive and inquire into a written complaint from a person, who has been unable to extract information from any Public Information Officer (PIO) or any such PIO has refused to entertain his or her application for obtaining information or appeal under this Act.
• The Lokpal is the central governing body that has jurisdiction over all members of parliament and central government employees in case of corruption.
• The Lokayukta is similar to the Lokpal, but functions on a state level.
• Lokayukta is an independent institution whose jurisdiction is the entire state of Rajasthan.
• The Lokayukta (sometimes referred to the institution itself) investigates allegations of corruption and maladministration against public servants and is tasked with speedy redressal of public grievances.
History of Lokayukta in Rajasthan
• In 1973, Rajasthan Lokayukta and the Up-Lokayuktas Ordinance was passed, which came into force on February 3, 1973. On March 26, 1973 it received the acceptance of Governor, and since then it is as effective in the state in the form of this Act.
• Justice I.D. Dua became the first Lokayuktaa of Rajasthan.
• The Lokpal and Lokayuktaa Act, 2013 for the establishment of Lokpal and state level Lokayukta institutions came into force on January 16, 2014.
• The Governor shall appoint Lokayukta and Up-Lokayuktas, after consultation with the Chief Justice of the High Court and the Leader of the Opposition in the Legislative Assembly, or if there be no such Leader, a person elected in this behalf by the Members of the Opposition in that House.
• The Sub-Lokayuktas shall be appointed after consultation with the Lokayukta.
• Post of Lokayukta shall only be held by a person appointed by the Governor being a person who is or has been a Judge of the Supreme Court or a Chief Justice of a High Court;
• In respect of an Up-Lokayukta shall be held by a person appointed by the Governor being a person who is or has been a Judge of the Supreme Court or who is or has been a Judge of High Court.
• 5 Years (Amended again in 2019 to five years)
• The salary, allowances and pension, payable to and conditions of service of the Lokayukta or sub-Lokayuktas shall respectively be the same as those of the Chief Justice or a Judge of the High Court of Rajasthan
• Subject to the provisions of Article 311 of the Constitution, the Lokayukta or sub-Lokayuktas may be removed from his office by the Governor on the ground of misbehaviour or incapacity, and on no other ground.
• Lokayukta has all the powers of the Civil Court under the Code of Civil Procedure, 1908
• Any action before the Lokayukta is a judicial proceeding under section 193 of the Indian Penal Code, 1860.
• If the complaint is completely false and baseless, then the public servant is also allowed to prosecute the complainant.
• Complaints cannot be made in a case which is more than five years old.
• The Lokayukta submits a report to the Governor every year to apprise of the complaints received and action taken in connection with their redressal. The Governnor, submits such reports received from Lokayukta in the Vidhan Sabha.
• The Lokayukta has been empowered under Section 7 of the Rajasthan Lokayukta and Sub-Lokayukta Act, 1973 to investigate allegations against ministers and public servants, in certain cases.
• According to the definition of public servant given in section 2 (i) of the Act, the Lokayukta has the jurisdiction to investigate against the following:
I. A member of the Council of Ministers of the State of Rajasthan (other than the Chief Minister)
II. A person appointed to a public service or a public post in relation to the activities of the State of Rajasthan
(a) Every head and deputy head of the Zilla Parishad, the head and deputy head of the Panchayat Samiti and the chairman of any standing committee constituted by or under the Rajasthan Panchayati Raj Act
(b) Every Mayor and Deputy Mayor of the Municipal Corporation, each Chairman and Vice- Chairman of the Municipal / Council, the Chairman of the Municipal Board, and the Vice- Chairman and the Chairman of any committee constituted under the Rajasthan Municipal Act
IV. Every person who is in the service of the following or has been paid his salary, namely:
(a) Any local authority in the State of Rajasthan, to be notified in this behalf by the State Government in the Gazette,
(b) Any corporation (not being a local authority), established by or under a State Act and owned or controlled by the State Government.
(c) Any Government company under section 617 of the Companies Act, in which twenty- one percent of the paid-up share capital is held by the State Government or any company which is a subsidiary of any such company in which the State Government is holds fifty-one percent of the paid-up share capital.
(d) Any society registered under the Rajasthan Societies Registration Act, which is under the control of the State Government and notified in this behalf by that Government in the Gazette.
Posts & Persons out of scope of Lokayukta:
• Chief Justice of the High Court or Judge or member of the judicial service as defined in clause (b) of Article 236 of the Constitution,
• Chief Minister
• Chairman or member of the Rajasthan Public Service Commission,
• Any court official or employee in India
• Accountant General, Rajasthan
• Officials and employees of Rajasthan Assembly Secretariat
• Chief Election Commissioner, Election Commissioner, Regional Commissioner and Chief Electoral Officer, Rajasthan
• Retired public servants
Rajasthan State Human Rights Commission
• The Protection of Human Rights Act of 1993 provides for the creation of a National Human Rights Commission at the National level and State Human Rights Commissions at the state level.
• A State Human Rights Commission can inquire into violation of human rights related to subjects covered under State List (List II) and Concurrent List (List III) in the Seventh Schedule of the Indian Constitution.
• The State Government of Rajasthan issued a Notification on January 18, 1999 for the constitution of the State Commission in accordance with the provisions of The Protection of Human Rights Act, 1993.
• The Rajasthan State Human Rights Commission became functional from 23 March 2000 with the appointment of Justice Kanta Kumari Bhatnagar, as the first Chairperson.
Composition of State Human Rights Commission:
• The State Human Rights Commission is a multi-member body consisting of a chairperson and two members.
• The chairperson should be a retired Chief Justice of a High Court.
• Other members should be:
o Serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years of experience as District Judge
o A person of knowledge or practical experience with respect to human rights.
• The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of:
o The chief minister as its head,
o The speaker of the Legislative Assembly,
o The state home minister and
o The leader of the opposition in the Legislative Assembly.
• In the case of a state having Legislative Council, the chairman of the Council and the leader of the opposition in the Council would also be the members of the committee.
• A sitting judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state.
• The chairperson and members hold office for a term of 5 years or until they attain the age of 70 years, whichever is earlier.
• After their tenure, the chairperson and members are not eligible for further employment under a state government or the Central government.
Appointment and Removal:
• Although the chairperson and members of a State Human Rights Commission are appointed by the governor, they can be removed only by the President (and not by the governor).
• The President can remove them on the same grounds and in the same manner as he can remove the chairperson or a member of the National Human Rights Commission.
Powers & Functions:
The main mandate of the State Commission is to function as a watch dog for human rights in the State.
• Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into complaint of violation of human rights or negligence in the prevention of such violation by a public servant.
• Intervene in any proceeding involving any allegation of violation of human rights before a Court with the approval of such Court.
• Visit any jail or any other institution under the control of the State Government where persons are detained to study the living conditions of the inmates and make recommendations thereon.
• Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
• Review the safeguards provided by or under the constitution of any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
• Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights.
• Undertake and promote research in the field of human rights.
• Encourage the efforts of Non-Governmental organizations and institutions working in the field of human rights.
• Undertake such other functions as it may consider necessary for the promotion of human rights.
• The commission is vested with the power to regulate its own procedure.
• It has all the powers of a civil court and its proceedings have a judicial character.
• It may call for information or report from the state government or any other authority subordinate thereto.
• It has the power to require any person subject to any privilege which may be claimed under any law for the time being in force, to furnish information on points or matters useful for, or relevant to the subject matter of inquiry. The commission can look into a matter within one year of its occurrence.
• The Commission has an investigating agency of its own headed by a police officer not below the rank of Inspector General.
However, the Commission can only make recommendations, without the power to enforce decisions. The commission does not have power to punish the violators of human rights. It cannot even award any relief including monetary relief to the victim. The recommendations of State Human Rights Commission are not binding on the state government.
The Commission submits its annual reports to the state government. These reports are laid before the state legislature, along with details of action taken on recommendations of commission and reasons for non-acceptance of recommendations.
Rajasthan Election Commission
Free and fair elections are the foundation of a healthy democracy. The State Election Commission is the Constitutional body responsible for conducting and supervising elections to the local bodies in the State.
• The State Election Commission (SEC), Rajasthan was constituted in July 1994 under Article 243K of the Constitution of India.
• The SEC is a single member Commission headed by the State Election Commissioner.
• It has a Secretary who is also the Chief Electoral Officer for the State.
• The Commission discharges its Constitutional duty by way of preparing electoral rolls and holding elections for
- Panchayati Raj Institutions and
- Municipal bodies
Elections to Panchayati Raj Institutions
• Rajasthan has a three-tier system of Panchayati Raj with 33 Zila Parishads (District level), 295 Panchayat Samities (Block level) and 9900 Panchayats (Village level, comprising of a village or a group of villages).
• Each Zila Parishad has territorial constituencies. A Zila Parishad having population upto 4 lacs has 17 constituencies and in case the population exceeds 4 lacs, then for every one lac or part of these in excess of 4 lacs, the number of constituencies will increase by two.
• The 33 Zila Parishads at present have 1014 constituencies.
• Similarly, Panchayat Samities also have territorial constituencies. A Panchayat Samiti having population upto one lac consists of 15 constituencies and in case the population exceeds one lac then for every 15000 or part thereof in excess of one lac the number of constituencies increases by two.
• The 295 Panchayat Samities are presently divided into 6236 constituencies. Each Panchayat has been divided into wards. The 9900 Panchayats at present have 108953 wards.
- Elections to Panchayati Raj Institutions are being held in Rajasthan since 1960.
- The first election was conducted in 1960 by the Panchayat Department.
- Thereafter, the 2nd, 3rd, 4th and 5th elections in the years 1965, 1978, 1981 and 1988 were conducted by the Election Department. The 6th, 7th, 8th, and 9th general elections to the PRIs were conducted by the SEC in 1995, 2000, 2005 and 2010.
- The 10th general elections have been conducted by the SEC in January and February, 2015.
Elections to Municipal bodies
• In Rajasthan, urban local bodies are called Municipalities, Municipal Councils and Municipal Corporations.
• The Commission discharges its constitutional duty by way of preparing electoral rolls and holding elections for Municipal bodies under Article 243ZA.
• At present, Rajasthan has 188 Municipal bodies with 5232 territorial constituencies.
- Elections to Municipal bodies are being held in Rajasthan since 1960 by local self-department.
- The 1st election was conducted by Election Department in 1963. Thereafter in some group of Municipal bodies elections were conducted by the Election Department in 1970, 1972, 1974, 1976, 1982, 1986.
- General Elections to 45 Municipal bodies were conducted by the SEC in 1994 and to 137 Municipal bodies in 1995.
- Thereafter the general election to these bodies were again held in 1999-2000, 2004-2005 and 2009-2010.
- The last general election for 46 Municipal bodies have been conducted by the SEC in November, 2014.
Rajasthan State Commission for Women
• An international treaty, CEDAW (Convention on Elimination of Discrimination against Women) to ensure women’s empowerment was signed in 1979.
• India signed this treaty with some amendments on 9 July, 1993 and in consonance to International efforts for women’s empowerment, National Policy for Women was declared in 1996.
• Subsequently, National Commission for Women and State Commissions for Women were constituted.
• On 23th April 1999, the state government introduced Rajasthan State Commission for Women Act (1999) in Rajasthan Vidhan Sabha, the act was passed and Rajasthan State Commission for Women was constituted as statutory body on 15th May 1999.
RSCW: Aim & Objectives:
• Redress the grievances of the suffering women across the State of Rajasthan
• Safeguard the interests of women across the State
• Advise the Government of Rajasthan on all Policy matters affecting women
• Review prevailing laws concerning women and to request the government to make amendments for women to get justice.
• Recommend remedial legislative measures.
RSCW: Functions of the Commission
Section 11 of the Rajasthan State Women Commission Act, 1999, elaborates the functions of the Commission, but in short, these are as follows:
• To investigate and analyze all unjustified acts committed against women and to request the government to take action.
• To take steps to make the existing laws more effective and ensure their implementation.
• To review existing laws and recommend amendments.
• To prevent any discrimination against women in state public services and state public enterprises.
• To take steps to alleviate the condition of women by suggesting practical welfare schemes, appealing to the government to provide equal opportunities
• Appealing to the government to take strict action against any public servant found by the commission to be working against the interests of women.
• To submit Annual/ Special Reports to Government with its recommendation.
Rajasthan State Commission for Women (RSCW) will now organize mahila panchayats.
• The mahila panchayat will consist of mahila sarpanch and five members.
• It will be held every month and will hear cases related to atrocities against women.
• It will also conduct counselling and spread awareness on crime against women.
• The mahila panchayat will send its report to RSCW monthly.
• The panchayat will be organized on every Monday and will include individual hearing and public hearing.
• RSCW has also constituted mahila manch in 19 districts.
• RSCW has also introduced a mobile App to get immediate police help in emergency situation.
24 Hour Helpline:
• A 24 x 7 toll free Helpline Number 1091 is operational at the commission for the speedy redressal of grievances of women complainants.
• There are 4 Counsellors from the field of sociology and law, who receive complaints on telephone as well as personally.
Mahila Salah and Suraksha Kendra (MSSK):
• 39 MSSK centers are run across the Rajasthan state by Non-Governmental Organizations (NGOs) to address the grievances of women victims.
Zila Mahila Sahayata Samiti:
• These Samitis are in operation in all 33 districts of the state since 1997.
• The Samiti is chaired by the Zila Pramukh and the District Collector serves as its Vice- Chairperson.
• Gender Cell of the Commission organizes seminars/workshops and awareness campaigns across the State.
• Commission targets youth audience in schools and Colleges for gender sensitization.
• The SWC takes action on complaints submitted to commission in written form by women.
• Factual reports from concerned authority from local bodies are taken and according to the situation of cases, directives are sent to the law enforcement machinery or administrative authority to provide relief and justice to the women.
Public Hearing Cell:
• The commission organizes public hearing programs in all 33 districts of Rajasthan state on regular intervals for the benefit of women who are unable to reach it due to some reasons.
• These desks are set up in all police stations of Rajasthan. Any woman can approach the desk for the redressal of grievances.
• Earlier there were only two courts to hear the cases of atrocities against women in Jaipur & Kota. But from the financial year 2012-13, the Government has established five more such special courts in all the Divisional Headquarters.
• Besides this, courts have been established to hear cases related to PC&PNDT Act
Rajasthan Guaranteed Delivery of Public Services Act,2011
• The Rajasthan Government launched its guaranteed delivery of public services act on 14th November 2011 coinciding with the birth anniversary of Pandit Jawaharlal Nehru.
• It came into force with an aim to provide public services in a time-bound manner.
• The initial Act covered 108 services of 15 major government departments, envisages a time-bound performance of duties by government officials and it possessed a provision of cash penalty for the offenders.
• Presently, 153 services covering 18 departments, including 11 services of Local Self Government Department are covered under the Act.
• Madhya Pradesh was the first state in India to bring out Guaranteed Delivery of Public Services Act on 18th August 2010.
• Rajasthan was the first state in India where the state government made a provision of the penalty imposed for failing to provide a sendee or for a delay.
What is Right to Public Services ?
• Right to Public Services legislation in India comprises statutory laws which guarantee time-bound delivery of various public services rendered to citizens and provides mechanism for punishing the errant public servant if they are is deficient in providing the stipulated services.
• Hence, Right to Service legislation ensures delivery of time bound services to the public.
• If the concerned officer fails to provide the service in time, he will have to pay a fine.
• Thus, it is aimed to reduce corruption among the government officials and to increase transparency and public accountability.
• The Department of Administrative Reforms and Coordination (ARD) is the nodal agency of the Government of Rajasthan for administrative reforms as well as redressal of public grievances relating to the states in general.
• The Department coordinates works with other state regarding Administrative Reforms.
Important Provisions of Rajasthan Guaranteed Delivery of Public Services Act, 2011
• Under this act, each Scheduled Department will appoint personnel who will be liable for taking complaints under the Act.
• The authorized employee will give acknowledgment to the applicant in writing and also mention the deadline for the attached documents.
• The service shall be made available within the stipulated time and in case of delay or not getting the service, the designated officer will clearly mention the reasons, the timing for the appeal and the appeal officer too.
• When calculating the deadline, public holidays will not be included.
• The designated officer will display all relevant information related to the services on the notice board for public information. It will also mention all the necessary documents for the service.
• No fee will be payable with First Appeal, Second Appeal and Revision Requirement.
• The applicant will be able to appeal to the First Appellate Authority within thirty days of termination of the deadline. The First Appellate Authority will either order the service to the concerned deputy official or reject the appeal.
• A second Appeal to the Second Appeal Officer against the decision of first officer shall lie within sixty days from the date of such decision.
• The stipulated time for clearance of appeals would vary from an hour in some cases to 24 hours; like in the case of appeals made with regard to post-mortem reports and goes up to 45 days; depending upon the service desired.
Penalty or Penalties –
• Where the Second Appellate Authority has the opinion that if the deputy official has failed due to adequate reasons to provide the desired service , then he would be able to impose penalty of more than 500 rupees and less than 5000 rupees or he can impose penalty on a rate of 250 rupees per day whose maximum limit is 5000 rupees.
• This amount can be given as compensation to the applicant as per the order of Second Appeal Officer.
Review of implementation:
• As per CAG 2017 report, there were only 70 cases registered for first appeal and two for second appeal which clearly brings out that adequate effort was not made to create awareness among citizens.
• Additionally, Online monitoring system has been discontinued since June 2014.
• Presently no effective monitoring system/mechanism is in existence to ensure effective implementation of sendees (CAG report).