You are on page 1of 31

GS TEST VI MATTER LUKMAAN IAS

CSE GS (MAINS) 2017


TEST VI MATTER
Q1. The good governance ideals in India are yet to be operationalised.
Critically examine.
APPROACH
INTRODUCTION: About Good governance ideals in India.
THE BODY
1. What are Good governance ideals?
2. In brief, how they are not operationalised.
3. How they are operationalised? Give suitable examples.
CONCLUSION: good governance is the process and not in end itself.
The Good governance initiatives in India even after few decades of application appear to
have not operationalised well.
Although GG as a concept evolved 3 decades ago, its ideals are as old as Indian Society such
as concept of Ramrajya. Our PM has defined GG as ART- Accountability, Responsibility and
Transparency.
Some ideals of Good Governance are as follows:

Effective &
Responsive
Efficiency

Accountability Rule of Law

GOOD
GOVERNANCE

participatory Citizen centric

Equitable &
Inclusive Transparency

From the following incidences one can say that the good governance in India yet to be
operationalised:

CSE 2017 1
GS TEST VI MATTER LUKMAAN IAS

1. Arbitrary exercise of power by government (executives): as seen in Chhattisgarh police gang


rape case, regulation of media.
2. Political sphere: political defections, ordinances, politicization of transfers, criminalization of
politics,
3. Governance: declining quality of services, poor urban governance, corruption (Lokpal not
operationalised yet), RTI- still secrecy prevail, lack of quality info, corruption perception
index, ease of doing business.
However, good governance ideals have been operationalised (though not successful as desired) and
taking roots in Indian democracy. It is visible from the following analysis:
Transparency: The Right To Information (RTI)has been the master key to good governance in
India. It is making government transparent and accountable to people.
Participative: 73rd and 74th amendment Acts provided for democratic decentralization and
people participation in democracy at grass root level. E-Governance initiatives (G2C,G2B)
such as MyGov.in platform,
Accountability: the mechanisms such as social audit(external accountability) are getting
institutionalized in India
Efficiency and effectiveness: reforms in passport office, single window system for
improvement in ease of doing business
Citizen centric: Empowering people through Skill India, Self help Groups(SHGs), Direct
Benefit Transfers(PAHAL), JAM trinity.
Equitable and Inclusive: Jan Dhan Yojana(Financial Inclusion), TPDS through Socio-economic
caste census,
Rule of Law: online FIR filing, disclosure of FIR on website within 48 hours, Lok Adalats,
Affirmative actions toward weaker sections of society.
Responsive: the services like Twitter Samvad, and other social media pages of government
are helping people with timely grievance redress, the government has been responsive and
proactive towards needs of the people and those are in crisis situation.
CONCLUSION: the good governance initiatives have limited impact on common man because of
exclusion. Therefore its benefit should penetrate and percolate to the bottom of the pyramid.
Q2. Discuss how social exclusion may render Citizens Charter ineffective for
the less privileged citizens? Can we say social inclusion as a precondition for
the success of the Citizens Charter in India? Explain.
APPROACH
INTRODUCTION: What is citizens charter and its significance.
THE BODY
1. How social exclusion is leading to ineffectiveness of CC.
2. How social inclusion is precondition for success of CC.
3. Way forward: how to bring social inclusion in CC.
CONCLUSION: Social inclusion is precondition to CC . But other measures also
needed.

Citizens charter (CC) is the first democratic tool which is established to enhance quality of
service with direct participation of the people.
CC is basically about doing justice to the tax payers money (value for money). The
government is obliged through social contract to provide justice to every section of society, citizen
grievances and voice to the people.

CSE 2017 2
GS TEST VI MATTER LUKMAAN IAS

However, the CC has not been effective due to social exclusion while designing the CC as
well as providing the much needed services to the marginalised sections of the society such as poor,
SC, ST, Women, Elderly and Divyang persons.
Reasons for Social exclusion and how it is leading to ineffectiveness of CC :
1. Weaker sections are mostly unaware about their rights, services provided in CC.
2. In majority of cases Charters were not formulated through a consultative process. Thus
weaker sections are not part of formulating CC.
3. The Value for Money aspect of CC is against the philosophy of Social Inclusion. Rich gets
services easily and in less time however poor people have less accessibility to services.
4. By and large service providers are not familiar with the philosophy, goals and main
features of the Charter. Thus they do not show compassion toward weaker sections.
5. Adequate publicity to the Charters had not been given in any of the Departments . thus the
information about the services does not reach the weaker sections of society.
6. No funds have been specifically earmarked for awareness generation of Citizens Charter or
for orientation of staff on various components of the Charter.
Due to exclusion, the true philosophy behind the CC is not implemented effectively on the ground.
There is need of social inclusion for the success of CC as larger portion of society who seeks
services from the government are weaker sections of the society.
Way Forward:
1. Creating awareness among the weaker sections of society(mostly living in slums, outskirts of
city, villages) with the help of NGOs.
2. Increasing access to the public services by formulating the CC with a consultative process
and providing services to marginal sections of society in proactive manner. E.g. Mobile Post,
Mobile Bank, micro finance to SHGs.
3. Providing separate counters for women, Differently Abled and elderly people in offices and
priority towards these sections in delivering services.
4. Sensitivity training to the officers in public department so that they develop compassion
towards weaker sections.
CONCLUSION: the CC is seen as tool to exercise social accountability over government. Along with it,
there need to improve quality of education as well as institutional standards.
Q3. Differentiate e-governance from e-government by taking into
consideration the various models of e-governance and suitable examples.
APPROACH
INTRODUCTION: Define e- government and e-governance.
THE BODY
1. Basic difference between the two.
2. Benefits of e-governance in brief.
3. Explain with examples Various models of both
CONCLUSION: Its success depends on people participation, accountability and
transparency measures.
e-Governance is basically the application of Information and Communications Technology to
the processes of Government functioning in order to bring about transformation of not only
government but also of society. e-governance encompasses e-government.
e-Government means the use by the Government of web-based Internet applications and
other information technologies, combined with processes that implement these technologies to
bring about improvements in Government operations that may include effectiveness, efficiency,

CSE 2017 3
GS TEST VI MATTER LUKMAAN IAS

service quality, or transformation. It is about Simple, Moral, Accountable, Responsive and


Transparent (SMART) government.
e-government involves interactions of government to government (G2G) i.e. one
department of government to other department and Government to its employees (G2E) through
electronic platform. However, e-governance refers to interaction of government with citizens (G2C)
and business (G2B) with the use of ICT.
Benefits of e-Governance:
1. Better access to information and quality services for citizens.
2. Simplicity, efficiency and accountability in the government.
3. Expanded reach of governance.

Various models features of model Objectives Examples


1. G2G 1. Information and Communications 1. To increase 1. - Khajane Project is
(Government to Technology is used not only to efficiency, a comprehensive
Government) restructure the governmental performance online treasury
processes involved in the and output. computerization
functioning of government project of the
entities but also to increase the Government of
flow of information and services Karnataka.
within and between different 2. SmartGov project
entities. has been developed
2. This kind of interaction is only to streamline
within the sphere of government operations, enhance
and can be both horizontal i.e. efficiency through
between different government workflow
agencies as well as between automation and
different functional areas within knowledge
an organisation, or vertical i.e. management for
between national, provincial and implementation in
local government agencies as well the Andhra Pradesh
as between different levels within Secretariat.
an organisation.
2. G2C 1. an interface is created between 1. to make 1. Computerisation of
(Government to the government and citizens government, Land Records
Citizens) which enables the citizens to citizen-friendly (Department of
benefit from efficient delivery of a Land Resources,
large range of public services. Government of
2. This expands the availability and India),
accessibility of public services on 2. Bhoomi Project in
the one hand and improves the Karnataka : Online
quality of services on the other. Delivery of Land
3. It gives citizens the choice of when Records,
to interact with the government 3. Gyandoot (Madhya
(e.g. 24 hours a day, 7 days a Pradesh) service
week), from where to interact delivery initiative,
with the government (e.g. service 4. Lokvani Project in
centre, unattended kiosk or from Uttar Pradesh
ones home/workplace) and how
to interact with the government
(e.g. through internet, fax,

CSE 2017 4
GS TEST VI MATTER LUKMAAN IAS

telephone, email, face-to-face,


etc).

3. G2B 1. e-Governance tools are used to 1. to provide a 1. e-Procurement


(Government to aid the business community congenial Project in Andhra
Business): providers of goods and services environment to Pradesh.
to seamlessly interact with the businesses to 2. MCA 21 project by
government. enable them to the Union Ministry
2. . The objective is to cut red tape, perform more of Corporate Affairs.
save time, reduce operational efficiently
costs and to create a more
transparent business environment
when dealing with the
government.
3. The G2B initiatives can be
transactional, such as in licensing,
permits, procurement and
revenue collection. They can also
be promotional and facilitative,
such as in trade, tourism and
investment.
4. G2E 1. Government is by far the biggest 1. making these 1. Online training of
(Government to employer and like any interactions employees i.e. e-
Employees) organisation, it has to interact fast and training
with its employees on a regular efficient. (www.egoveonline.
basis. This interaction is a two-way 2. increase net).
process between the organisation satisfaction 2. PRAGATI platform
and the employee. levels of
employees.

e-Governance represents a paradigm shift in the field of governance reforms. Bringing it about
would have to be a continuing process which would require many adjustments. It has been well said
that e-Governance is a journey and not a destination.
CONCLUSION: Ultimately, the success of an e-Governance initiative lies in how efficiently it has
enhanced peoples participation in government functioning through wide ICT access, bringing

CSE 2017 5
GS TEST VI MATTER LUKMAAN IAS

government and the services it offers closer to its citizens, promoting accountability, transparency
and responsiveness in government functioning and ensuring that government works better at lesser
costs. These are very important for good governance and a vibrant democracy
Q4. The absence of congruence of views on appointments to judiciary
between the supreme court and the union government has had an adverse
impact on the judicial system. In the light of the above statement, examine
the proposal to constitute an All India Judicial Service.
APPROACH
INTRODUCTION: What is the conflict between executive and judiciary over
NJAC.
THE BODY
1. Impact on Judicial system.
2. Advantages of AIJS proposal.
3. Concerns over AIJS.
4. Way forward.
CONCLUSION: Both wings of the state should find the appropriate solution at
the earliest.
The present collegiums system of appointing judges to the higher judiciary has evolved
through three judges cases. Constitution of India provides for such appointment by president of
India with the advice from CJI. The non transparent process of selection of judges has led to
government forming NJAC by amending the Constitutional provisions. NJAC provided for equal say
to executives in appointing judges.
However, Supreme Court due to fear of loss of independence of judiciary (which is basic
structure of Constitution) has declared NJAC as unconstitutional. The Memorandum of Procedure
(MoP) given by government has not been agreed yet by Supreme Court. Recently, the tussle
between PM and CJI has manifested into delays by government in clearing the names of judges for
appointment. It has an adverse impact on judicial system:
1. High vacancy of judges in the high courts (Around 40%) which leads to slow down the
adjudication process.
2. High pendency of cases in higher judiciary.
3. Hampers criminal justice system (Justice delayed is justice denied). Also it has led to increase
in number of under trials and overburdened jails.
Given the impasse between government and judiciary over the recruitment of judges in
higher judiciary , the idea to establish ALL India Judicial Service has gained the momentum. The idea
was first mooted in the 1960s.The 42nd Amendment Act provided for establishment of All India
Judicial Service but government has not notified it yet.
Advantages of AIJS:
1. It will help to make judiciary more accountable, professional and representation from
diverse areas.
2. The quality of judges will be improved in high courts, and some of the judges with aptitude
and experience will be promoted from subordinate courts.
3. Judges of the Supreme Court are drawn from the high courts. Thus the competent persons
will find their place in higher judiciary.
4. It will help to transform quality of adjudication process from lower to higher judiciary and
bring uniform standards in process of justice delivery.

CSE 2017 6
GS TEST VI MATTER LUKMAAN IAS

5. The talent pool from law students will find their way to this service and recruitment by
independent agency such as UPSC will bring objectivity and merit based selection.
6. It will help to reduce frictions between Judiciary and executive over judges appointment.
Thus help in reducing the pendency of cases in courts with necessary strength of the
judges.

Opposition to AIJS:
1. The opposition from the state government and some High courts also because of loosing
authority over subordinate courts. Presently, state government recruits the judges in
subordinate courts.
2. The lack of knowledge about local language may hamper the efficient and effective
functioning of judges from outside areas.
3. Presently, all subordinate courts are under administrative jurisdiction of respective High
Courts. These HC are wary of loosing such control. Also it affects the independence of
judiciary.
4. Eminent jurist and experience advocates may not find their way to higher judiciary.
Way Forward:
As prescribed by Law Commission Report on AIJS recruitment to the judiciary can be done from the
three sources:
1. 40% from the direct recruitment through competitive examination.
2. 40% from the state judicial services on promotion basis.
3. 20% from the senior experienced members of Bar
However, such AIJS may not be much beneficial in present scenario.
Conclusion: The proposal of AIJS need more deliberation and debate by involving states. The Inter-
state Council can be the apt platform for such discussion. Simultaneously, the judiciary should work
to bring transparency in selection of names through collegiums system Therefore, it is the time for
both Executive and Judiciary to give wholehearted attempt to bring much needed judicial reforms
in appointment process of judges.

Q5. The Right To Information Act is a path-breaking legislation which signals


the march from darkness of secrecy to dawn of transparency. What hurdles
do the citizens face in obtaining information from the government? Explain
how the reluctance of the government to part with information under RTI
can be addressed.
APPROACH
INTRODUCTION: how RTI has been helping to bring transparency.
THE BODY
1. Hurdles faced by the citizens in obtaining information.
2. Why reluctance on part of government to part information?
3. How to address this reluctance?
CONCLUSION: RTI-tool of accountability and transparency in the government.

The Right to Information Act is a path-breaking legislation which signals the march from
darkness of secrecy to dawn of transparency. It lights up the mindset of public authorities, which is
clouded by suspicion and secrecy. Peoples legal right to seek information is considered very
significant change in culture where government is reluctant to part information with people.

CSE 2017 7
GS TEST VI MATTER LUKMAAN IAS

The RTI Act has overriding powers on Official Secrets Act and Indian Evidence Act. This has
led to end of dark era of secrecy and led to dawn of openness as remarked by ARC-II.
However, there are some hurdles faced by people in obtaining information.
HURDLES FACED BY THE CITIZENS:
1. Accessibility and Affordability: Complicated system of accepting requests, Insistence on
demand drafts, Difficulties in filing applications by post, Varying and often higher rates of
application fee.
2. Classification of information: The Act defines public authorities to include a vast array of
institutions and agencies. For people to access information, a catalogued and indexed list of
all public authorities is necessary. In a vast and diverse country with a federal structure,
listing out all the public authorities is a Herculean task.
3. Identification and location of public information officers: Presently almost all departments
and agencies of the State Government are represented at the District level. All these offices
are often dispersed and most citizens would be unaware of their location. Under such
circumstances it becomes difficult for an applicant to identify the Public Authority and to
locate it.
4. Time limit: A uniform limit of 20 years may on a few occasions pose problems for the Public
Authorities as well as the applicants. There is a significant percentage of records which is
permanent in nature. On the other hand most public records are not maintained for 20
years. This is prescribed by the Manual of Office Procedure in the Government of India.
Similar Manuals also exist in the State Governments .
5. Redressal of public grievances: In a large number of cases information sought to be
accessed stems from a grievance against a department/ agency. Information is the starting
point in a citizens quest for justice and is not an end in itself. Information thus becomes a
means to fight corruption and mis-governance or obtain better services. Experience has
shown that functionaries/departments tend to be defensive rather than proactive in
redressing a grievance (or even in disclosing information) particularly when it directly
pertains to their conduct (or misconduct).
6. Poor quality of information: It is estimated that around 75% people seeking the information
are not satisfied with quality. It suggests lack of training to officers, poor record
management with government and lack of transparency in the process.
WHY RELUCTANCE ON BEHALF OF THE GOVERNMENT TO PART WITH INFORMATION?
The government feel that exodus of RTI applications are hampering the policy
implementation process.
The government wants some important and critical departments out of RTI purview such as
defence, UPSC, CBI etc.
RELUCTANCE OF THE GOVERNMENT CAN BE ADDRESSED IN FOLLOWING WAY:
1. the government should promote open culture in its departments.
2. The government should accept the constructive criticism by the people about their
decisions and policies.
3. The RTI Act (section-4) itself provide for proactive disclosure of information by the
government.
4. The government can improve the quality of decisions so that there will be less or no
criticism.
CONCLUSION: RTI has been playing an important role in bringing transparency and accountability in
the government towards the citizens.

CSE 2017 8
GS TEST VI MATTER LUKMAAN IAS

Q6. Stability of tenure in civil services has become essential for realizing the
policies outcomes. In the light of this statement, analyse hurdles in bringing
this reform and suggest how to overcome them.

APPROACH
INTRODUCTION: Define stability of tenure. Recent examples
THE BODY
1. How it is essential for realizing policy outcomes.
2. Hurdles in bringing this reform.
3. Suggestions to overcome these hurdles.
CONCLUSION: Need institutional and procedural reforms.
The stability of tenure refers to the period of posting of civil servant to the particular
position in the government. The civil servants are not having stability of tenure, particularly in the
State governments where transfers and postings are made frequently, at the whims and fancies of
the executive head for political and other considerations and not in public interest.
The recent examples are Kerala DGP T.P. Senkumar(reinstated by SC order), the Uttar
Pradesh government of suspending (and then reinstating) IAS officer Durga Shakti Nagpal, who was
investigating the sand mafia in the state, and of the Haryana government of shunting out IAS
officer Ashok Khemka, who was investigating land deals undertaken by Robert Vadra.
Short tenures in key positions, particularly in the State Governments is often cited as a major
reason for the shortcomings in the system of governance.
Stable tenures is necessary for
1. Enabling the incumbent to learn on the job, develop his own capacity and then contribute in
the best possible manner.
2. It leads to policy initiative, be innovative, promote team work and well understanding of the
ground situations.
HURDLES IN BRINGING THIS REFORMS:
1. The central and state governments are reluctant to release the control over civil servants.
2. The frequent elections(centre, state and local)and changes in government leads to frequent
transfers of civil servants.
3. All India services are controlled by both the central and state governments. This leads to
more scope for political interference in postings and transfers of IAS and IPS.
4. Fear of becoming complacent.
5. Increase in litigation.
HOW TO OVERCOME THESE HURDLES?
1. The government should set the Objective standards for postings, transfers and promotions
of the civil servants through appropriate rules. Ability and Integrity should be the criteria for
promotions and transfers.
2. The Civil Services Board (CSB), consisting of high ranking service officers, who are experts in
their respective fields, with the Cabinet Secretary at the Centre and Chief Secretary at the
State level, to guide and advise the State government on all service matters, especially on
transfers, postings and disciplinary action, etc., though their views also could be overruled,
by the political executive, but by recording reasons, which would ensure good governance,
transparency and accountability in governmental functions.

CSE 2017 9
GS TEST VI MATTER LUKMAAN IAS

3. The political leadership should set exemplary examples by showing Statesmanship. It should
keep check on spoils system in the transfers and postings of civil servants.
4. The Supreme Court, in its landmark judgement on 31st October 2013, issued directives to
the Central and state governments to ensure that all civil servants be given a minimum
assured tenure at a particular posting before they are transferred, so they can work
effectively. The verdict, which is on the line of Apex Courts earlier order on police reforms
for giving fixed tenure to senior police officers in the Prakash Singh case, is likely to go a long
way in ensuring functional freedom to the Indian bureaucracy.
CONCLUSION: Fixed minimum tenure would not only enable the civil servants to achieve their
professional targets, but also help them to function as effective instruments of public policy. The
governments inherent right to transfer a civil servant needs to be balanced against the requirement
of stable tenures to ensure effective policy outcomes and the need for independence in law-
enforcing posts.

Q7. Autonomy granted to higher civil servants tends to increase their


creativity and productivity. Argue against the backdrop of bureaucratic
circles referring to the three Cs-the CAG, the CBI and the CVC- as stumbling
blocks in decision-making, ultimately resulting in policy paralysis.

APPROACH
INTRODUCTION: What is autonomy of civil servants?
THE BODY
1. How it increases their creativity and productivity.
2. How 3Cs are becoming hurdles in decision making.
3. What present government is doing to promote autonomy?
CONCLUSION: Other measure such as insulation from political
interference and security of tenure.
The higher civil servants (DM and above ranks) have immense discretionary powers to be
used for creative and innovative decisions in policy formulations and implementations. The
autonomy given to them has led to many bold decisions and innovative policies such as Tanta Mukt
Gram (conflict free village), Jalyukt Shivar (farms with water) in Maharashtra.
However, recent activist role played by 3Cs- the CAG, the CBI and the CVC has served as
stumbling blocks(hurdles) in autonomous decision making of civil servants. This can be argued from
the following instances:
1. The role of CAG: CAG is playing activist role in holding civil servant financial accountable.
The propriety audit of policies leads to vague estimations in auditing leading to questioning
of civil servants decisions in policy formulations and implementation.
2. The CBI and the CVC: these institutions are playing active role in background of growing
corruption in the civil servants. However, this has also led to harassment of honest civil
servants and their policy decisions through Prevention of Corruption Act.
Due to these institutions, civil servants are becoming fearful of taking creative or out of the line
decisions and thus trying to stick to the rulebook. This has also lead to policy paralysis in the
government. There is also concerns raised against actions of these institutions such as:
1. These institutions lack expertise in policy domain. Thus do not understand the policy
intentions and decisions taken by civil servants.

CSE 2017 10
GS TEST VI MATTER LUKMAAN IAS

2. These institutions are also not able to differentiate between the bona fide error and mala
fide error in policy decisions by the civil servants.
The present government is trying to promote autonomy among senior civil servants and take bold
decisions. The changes brought in the Prevention of corruption Act are in that direction.
CONCLUSION: Along with above reforms, the government should try to insulate civil servants from
the political interference and provide security of tenure which will also promote creativity and
productivity of civil servants.
Q8. Discuss the major concerns of the Second Administrative Reforms
Commission in reforming civil services in India?

APPROACH
INTRODUCTION: Mandate of the ARC-II.
THE BODY
1. Major concerns in reforming civil services.
CONCLUSION: various recommendations addressing the above concerns.
The Second Administrative Reforms Commission was set up with a wide mandate to prepare
a blue print for revamping the public administration system and to suggest measures to achieve a
pro-active, responsive, accountable, sustainable and efficient administration for the country at all
levels of government. The civil services reforms were important part of it.
THE MAJOR CONCERNS OF SECOND ARC IN REFORMING CIVIL SERVICES:
1. Putting the right person in the right place issues of competence, commitment and
outcomes: The quality of public servants is the prime determinant of the output and
outcomes of administration. Appropriate recruitment procedures are critical for ensuring
competence and delivery of services.
2. Resources and time-adequacy, predictability and accountability: The present system of
postings does not clearly spell out expectations of outcomes. It has, therefore, been
suggested that it may be better if an officer is given key targets in a job and this gets
institutionalized through key result agreement. The officer would be given a clear mandate
with adequate authority and resources.
3. Matching Authority with Accountability: It is a basic principle of management that
responsibility should not be divested from authority. However in our public administration it
is generally found that there is a mismatch between authority and accountability coupled
with over-centralization.
4. Setting right the asymmetry of power: It has been emphasized that there is an imbalance in
the exercise of power in governance. Often systemic rigidities, needless complexities and
over centralization make public servants ineffective and helpless in achieving positive
outcomes. It has been urged that this needs to be set right in any effort towards public
services reforms.
5. Insulating civil servants from undue political interferences: In a democracy, the civil service
has to be answerable to the elected government. There is criticism that increasingly partisan
intervention and cronyism are undermining Rule of Law and promoting personalized
despotism, distorting incentives and condoning corruption. This is adversely affecting the
morale of public servants.
6. Professionalisation with stability of tenure and competition: It is repeatedly urged that
there is need to recognize the complex challenges of modern administration in critical
sectors like policing, justice delivery, education, healthcare, transportation, land

CSE 2017 11
GS TEST VI MATTER LUKMAAN IAS

management etc. All these are intricate issues which need domain expertise, long
experience in the sector and deep insights. Existing procedures and practices do not
adequately help in developing domain expertise, nor do they help in utilizing the available
domain expertise.
7. Accountability: There is a general feeling that existing mechanisms of accountability are
inadequate. On the one hand there are instances of non performance and on the other
competence and integrity are not adequately recognized or rewarded.
8. Outcome orientation: Most of the monitoring in government is through measurement of
expenditure against outlays and at best through defined outputs. Clearly, we need to move
towards measurement of outcomes. A change in this direction has already started with the
initial outcome budgeting exercises. In order to engineer this shift to outcomes, major
changes in attitudes, monitoring and evaluation systems, incentives and accountability
measures are necessary.
9. Monopoly of existing civil services over higher positions to go: At present all the civil
services in India are cadre-based. i.e. a person joins the service and moves up the ladder.
The natural corollary of this is that there are very few lateral entries and the civil services
enjoy a virtual monopoly over the all the positions in the government. With rapid expansion
of knowledge, increasing complexities in certain fields, rapid expansion of private sector, a
large amount of expertise has developed outside government. The question that is raised is
whether the senior positions in government can continue to be the exclusive monopoly of
the civil services?
10. Incentives for better performance: A motivated and willing civil service is the best
instrument to achieve the desired outcomes. Motivation comes through incentives. The
incentive structure in government is too weak and insufficient to motivate better
performance. Even the tool of promotion is not largely used for motivation, as the principle
of seniority is generally followed rather than competence and performance.
11. Revolving door mechanism for easy entry and exit: If lateral entry into the government is
allowed it is logical to expect officials of government to seek exposure to industry and
academia outside government. Such exposure will promote expertise and professionalism.
Currently civil servants are allowed to work in voluntary organizations, and a few have
availed this facility.
12. Developing professionalism and domain expertise: The functions performed by the All India
Services are increasing in complexity day by day. The concept of the generalist administrator
is under serious attack. It is necessary that officers develop some specialization and have
opportunities to develop expertise in that area.
13. Retaining true character of AIS-regionalization of cadres: The logic of All India Services is
twofold: the officers will have a national perspective, promoting unity and integrity; the
officers will have the courage of conviction to face the onslaughts of arbitrary politicians,
and will be able to protect public interest without fear of victimization. Although the IAS, IPS,
and IFS are All India Services, but to a large extent they have been treated as State Services,
as an officer spends most of his career in the State that is allotted to him/her. Over the years
some cadres have become preferred cadres, and this leads to a sense of dissatisfaction
among some officers. Even more important, there are instances of key public officials failing
to safeguard the Constitutional values and imperatives of national unity as they were afraid
of victimization in the hands of a recalcitrant State Government. The challenge is how to
retain the All India character of these services?
Conclusion: considering above concerns, the commission has given myriad of reforms in the civil
services so as improve the efficiency and effectiveness of the civil servants in India.

CSE 2017 12
GS TEST VI MATTER LUKMAAN IAS

Q9. What do you understand by accountability of the government? Can we


say a good government is an accountable government? Give justification to
your argument.
APPROACH
INTRODUCTION: Define accountability of the government. Various
accountability measures.
THE BODY
1. Different types of accountability in brief.
2. Is the good government an accountable government? Examples.
3. Not Always true. Argue with some examples.
CONCLUSION: Need to enforce accountability in democracy and good
governance.
In the simple meaning, the accountability of the government is the answerability of the
government towards parliament as well as people who are sovereign in the democracy. The
accountability of the government can be carried out from traditional measures such as CAG Audit,
Budget discussions, parliamentary committees as well as the external modern measures such as RTI,
social audit, e-governance etc. various types of accountability can be explained in brief as follows:
Political Accountability
Political accountability is arguably the strongest form of accountability anchored in democratic
principles. It is a means to exert political control or oversight. Appointed public officials are directly
accountable to the executive branch with responsibilities in policymaking. At the same time, they
also possess a variety of authorities over rulemaking delegated from legislators. These
responsibilities dictate that public administrators should account for their actions in the context of
designing and implementing laws, rules, and regulations.
Bureaucratic Accountability
The stereotypical command-and-control relationship is involved in bureaucratic accountability. In
this approach, bureaucratic accountability is achieved by strategies, administrative rules, budget
reviews or performance management systems.
Citizen Accountability
Citizens can hold government administrators accountable through participation laws and
deliberative forums. The emerging demand side tools such as RTI, Social Audit, e-governance and
Citizens Charter are helping people to participate in exercising democratic accountability.
GOOD GOVERNMENT AS ACCOUNTABLE GOVERNMENT:
The good government in general is an accountable government. The government which
promotes internal and external accountability can be considered as good government. E.g. the good
government promotes accountability through measures such as e-governance, Citizens Charter and
RTI. The good government adheres to legislative procedures (traditional accountability), rule of law,
constitutional principles and promote welfare of the people. These tools help to exercise
accountability over the government by the people.
Not Always: The good government is no necessarily an accountable government. E.g. the
dictatorship type of government may take welfare measures for their citizens but they are not
accountable to the people. Sometimes government try to build good image through such measures
but do not implement them in true spirit. E.g. Demonetisation- decision was taken with good
intention but it was arbitrary in nature.
CONCLUSION: There is need to effectively exercise both traditional as we as modern tools of
accountability to so as to establish good governance.

CSE 2017 13
GS TEST VI MATTER LUKMAAN IAS

Q10. The practice of doctrine of committed bureaucracy in India emanates


from practices of its multi-party three-tier democracy. Examine.
APPROACH
INTRODUCTION: Explain committed bureaucracy with historical
perspective in India.
THE BODY
1. How multi-party system has led to committed bureaucracy?
2. How three tier system of government promoting committed
bureaucracy?
CONCLUSION: Should be committed to policy matters and
administration.
During 1969 to 1974 personality cult was promoted. The officers were not expected to be as
loyal to the Constitution, as they had to be to their ministers. The then Political masters desired the
bureaucracy to be completely committed to the ruling party.
On a sustained and systematic basis, the process of committed bureaucracy flourished, thus
undermining the integrity, values, ethos and confidence of the service. Officers were supposed to be
the servicemen to carry out the orders of political bosses. Right or wrong, presence of laws, rules
and regulations were irrelevant to smart officers. During Emergency in 1975, the trusted officers of
the Congress Party were placed on crucial positions.
However in later years, the committed bureaucracy substantially rooted in the practices of
multi party democracy and three tier system of government.
Multi-party system:
1. The bureaucrats started to be loyal to the particular party ideology. Thus, whenever that
party came to power, they were awarded promotions, good postings as reward of loyalty to
the party.
2. The coalition politics especially in the period of UPA-I and UPA-II saw division in the
bureaucracy loyal to the different parties. This has affected the effectiveness of
administration as well as governance of the country.
Three- tier system:
1. Emergence of regional parties and local parties in the state and local self governments has
also led to the lower bureaucracy being committed to those parties.
2. The recent incidence of Delhi CM asking bureaucrats to be loyal to his party is good example.
3. These parties also act impartially on those who are not committed to them. E.g. the recently
the Mumbai Municipal commissioner (with good record of integrity and honesty) was
removed by the regional party being part of government.
Way Forward: The bureaucracy should be committed to the administration and governance of the
country and not to particular party. They should be neutral and apolitical while giving advice to their
political heads.
CONCLUSION: The political leadership needs to show Statesmanship while dealing with bureaucracy
and civil servants should be politically neutral inn discharging their duties.

CSE 2017 14
GS TEST VI MATTER LUKMAAN IAS

Q11. The ICs and SICs, need to be empowered for effective implementation
of the RTI otherwise it may meet the same fate in long run as other anti-
corruption institutions. Examine.

APPROACH
INTRODUCTION: How RTI is helping to bring transparency and helping people.
THE BODY
1. Problems with the ICs and SICs.
2. Suggestions to overcome those problems.
CONCLUSION: Should reinvent and assert their role.
Right to information has been seen as the key to strengthening participatory democracy
and ushering in people centred governance. Access to information can empower the poor and the
weaker sections of society to demand and get information about public policies and actions, thereby
leading to their welfare.
Government of India (GOI) constituted the Central Information Commission (CIC) with a
Chief Information Commissioner and four Information Commissioners (Section 12). The provisions of
Section 15 provides that all the State Governments were required to constitute their respective
Commissions immediately on enactment of the RTI Act.
PROBLEMS WITH THE ICS AND SICS:
1. Submission of Annual Reports: There is lack of regular report submission by these
commissions as required in the RTI Act. SICs lack centralized data collection and processing
system for timely completion of reports.
2. Lenient toward PIOs: the information commissions were not imposing penalties of up to Rs
25,000 on the erring PIOs for violations of the RTI Act. She said this provision is meant to
ensure proper conduct from the PIOs so that the cases are not delayed unnecessarily and
relevant information is also not withheld.This has reduced the control over the PIOs and
their working.
3. Lack of review and monitoring mechanism: One of the most important roles of the
Information Commission is to monitor and review the Public Authority and initiate actions to
make them comply with the spirit of the Act. However this has been one of the weakest links
in the implementation of the Act. It is acknowledged and appreciated that the Information
Commissions have been primarily been spending most of their time in hearings and
disposing off appeals. However monitoring the Public Authority for compliance of the Act is
also an important aspect of the role of the Information Commission, which could result in
reducing the number of appeals.
4. High level of Pendency: The number of RTI Appeals with the Information Commissions is
growing at a rapid pace year after year. Unless and until the pendency is kept at manageable
level, the objective of the Act would not be met. High pendency of appeals is due to non
optimal processes for disposing off appeals and complaints.
5. Geographical spread of the ICs: Majority of the Information Commissions are situated in the
State capitals, which results in appellants undergoing an additional cost in order to attend
the hearings.
6. Poor quality of orders: more than 60% of the orders of the information commissions
contained deficiencies in terms of not recording critical facts
7. Lack of transparency: the websites of most information commissions do not provide
adequate information about their functioning.
SUGGESTIONS:

CSE 2017 15
GS TEST VI MATTER LUKMAAN IAS

1. Given the huge effort involved in the identifying the Public Authority & their non-compliance
issues, it is imperative that the Information Commission mobilize the citizens/use third
party agencies in identification of non-compliance by the Public Authorities.
2. The CIC should establish 4 regional offices of CIC with a Commissioner heading each.
Similarly regional offices of SICs should be established in larger States. Maharashtra SIC has
already set up regional offices across the State. The offices are present in Pune, Aurangabad,
Nagpur, Konkan and Mumbai. As a result, an appellant approaches the nearest office thus
saving considerable expenses and time.
3. As a large number of Public Authorities exist at regional, state, district and sub district level,
a nodal officer should be identified wherever necessary by the appropriate monitoring
authority (CIC/SIC) to monitor implementation of the Act.
4. The ICs and SICs should regularly submit annual reports as well as display them on the
websites proactively. This will increase the transparency.
5. The ICs and SICs should be empowered to enforce their orders so that there will be
compliance from the government and there will be effectiveness in implementing the
provisions of the RTI Act.
6. Public Records Offices should be established as an independent authority in GOI by
integrating and restructuring the multiple agencies currently involved in record keeping. This
Office will be a repository of technical and professional expertise in management of public
records. Public Records Office would function under the overall supervision and guidance of
CIC/SIC.
CONCLUSION: ICs and SICs should reinvent and assert their role proactively by invoking different
provisions of the Act so as to effectively bring down the darkness of secrecy and move toward the
down of transparency.

Q12. The guiding principles for the civil servants as enunciated by Sardar
Patel in 1948 are extremely important in the present day context as well. The
steel frame of our civil services has not weakened even after 70 years of
independence. Critically examine.
APPROACH
INTRODUCTION: about civil services and their role.
THE BODY
1. Sardar Patels views on the importance of civil services
2. Explain how steel frame has weakened since independence.
(Important part of Q.)
3. However, civil services have sustained its steel frame through some
institutions. Give examples.
4. What present government is doing to rebuild steel frame.
CONCLUSION: Civil services still play role as steel frame of administration.
The civil services in India has played critical and anchoring role in governance of the country
since independence. The civil services in India have been established under constitutional provisions
(article 309-312). The three All India Services (IAS, IPS and IFoS) are very important among them to
maintain federal structure along with unity and integrity of the nation.
Sardar Patel, while Addressing the first batch of civil servants, famously called the civil
servants the steel frame of Indias government machinery. He viewed the civil services as the

CSE 2017 16
GS TEST VI MATTER LUKMAAN IAS

solid foundation and a bastion of the nations best and brightest providing unfailing support to
others in government. His view was manifestation of the role played by civil servants in integrating
princely states and reorganisation of states.
However, the steel frame has weakened to some extent in the following decades which can
be analysed as follows:
1947-1965(Nehru Era): During these years, civil services largely acted as the backbone(steel
frame) of the government. The political leadership and statesmanship had also helped to
exercise political control over civil servants.
1966-1990(Gandhi Era): In this period, steel frame started to weaken significantly. The
growing corruption, nepotism, weakening of foundational values among civil servants,
doctrine of committed bureaucracy emerged during these years. The lack of political
accountability along with immense powers with civil servants led to abuse of power by
them.
1991-2014(Coalition Era): The coalition politics further eroded political accountability of
civil servants toward their political heads. The opening of economy has also led to civil
servants dealing with private companies and MNCs. This has culminated into politicians-
bureaucrats-business nexus for corruption as seen from the scams like 2G scam,
Commonwealth Games etc. Due to this scenario, increasing need of social
accountability(RTI, social audit, e-governance) measures was being felt.
Although steel frame has weakened in some areas , during the same period, some institutions like
UPSC (recruitment on the basis of merit), Election Commission (free and fair elections),
CAG(financial accountability), CVC(reducing corruption) have reinvented their roles nad tried to
sustain the steel frame of civil services.
The present government is trying to rebuild the steel frame through various measures such as
1. Probity and integrity as criteria for appraisal.
2. 3600 appraisal.
3. Perform or perish principle.
Conclusion: Today, along with steel frame, The civil services play catalytic role the nations
development process.

Q13. The government of India has launched the Digital India programme
with the vision to transform India into a digitally empowered society and
knowledge economy. Discuss how this programme addresses the issue of
digital divide in Indian society.

APPROACH
INTRODUCTION: Give importance of digital India program
THE BODY
1. Key vision areas of the program
2. Various steps to address issues of digital divide.
CONCLUSION: Taking help of NGOs and CSOs to spread digital literacy in
the hitherto not served areas.

Digital connectivity is a great leveller. Cutting across demographic and socio-economic


segments, Indians are increasingly connecting and communicating with each other through mobile
phones and computers riding on digital networks. The Digital India programme itself promises to
transform India into a digitally empowered society by focusing on digital literacy, digital resources,

CSE 2017 17
GS TEST VI MATTER LUKMAAN IAS

and collaborative digital platforms. This also places emphasis on universal digital literacy and
availability of digital resources/services in Indian languages.
The Digital India programme is centred on three key vision areas:

Digital
Infrastructure

DIGITAL
INDIA
PROGRAM
Digital
e-services and
Empowerment of
Governance
Citizens

1. Digital infrastructure as core utility to every citizen: High speed internet as core utility,
digital identity to every citizen, participation in digital and financial space through mobiles &
banking, Easy access to a common service centres (csc), sharable private space on public
cloud, safe and secure cyber-space.
2. Governance and services on demand: seamlessly integrated services across departments,
digital services to improve ease of doing business, making financial transactions online and
cashless.
3. Digital empowerment of citizens: it has direct interventions to reduce digital divide in
society and increase digital literacy among citizens.
It tries to address the issue of digital divide in Indian society through following steps:
Universal Digital Literacy: Digital literacy assumes paramount importance at an individual
level for truly and fully leveraging the potential the Digital India programme. It provides the
citizens the ability to fully exploit the digital technologies to empower themselves. It helps
them seek better livelihood opportunities and become economically secure. Core ICT
infrastructure set up by the central and state governments, such as CSCs, can play a critical
role in taking digital literacy to the remotest locations of the country. To ensure that all
panchayats in the country have high-speed connectivity, the Department of Telecom (DoT)
has established Bharat Broadband Network Ltd. (BBNL) to roll out the National Optical Fibre
Network (NOFN). This will ensure digitization and connectivity of the local institutions, such
as panchayat office, schools, health centres, libraries, etc. National Institute of Electronics
and Information Technology (NIELIT), an autonomous society under DeitY, has identified
more than 5000 facilitation centres across the country for training on courses which will
equip a person to undertake e-Governance transactions through computers and other basic
activities, like e-mail, browsing the internet, etc.
Universally accessible digital resources: Digital resources are truly universally accessible
when they are easily available and navigable everywhere and by everyone. Citizen related
documents would be available electronically. Government departments may access the
documents issued by collateral government agencies. Documents issued to the citizens
would be available to them anywhere anytime, in a standard format which can be shared
with an authorized entity. The documents may be available in local language as well. The
government is also committed to providing access to digital resources for citizens with
special needs, such as those with visual or hearing impairments (which may be partial or

CSE 2017 18
GS TEST VI MATTER LUKMAAN IAS

complete), learning or cognitive disabilities, physical disabilities which hinder operation of


ubiquitous access devices such as phones, tablets and computers.
Availability of digital services and resources in Indian languages : DeitY is formulating a new
mission mode project named as e-Bhasha to help develop and disseminate digital content in
local languages to India's largely non-English speaking population. The disabled friendly
content and systems are being developed as per accessibility standards.
Collaborative digital platforms for participative governance: e-platform would provide a
mechanism to discuss various issues to arrive at innovative solutions, make suggestions to
the government, provide feedback on governance, rate the government
actions/policies/initiatives, and actively participate with the government to achieve the
desired outcomes. DeitY has recently launched a nationwide digital platform named as
myGov (www.mygov.in) to facilitate collaborative and participative governance.
Pradhan Mantri Gramin Digital Saksharta Abhiyaan: It is the scheme to make six crore
persons in rural areas, across States/UTs, digitally literate, reaching to around 40% of rural
households by covering one member from every eligible household by 31st March, 2019.The
Scheme would empower the citizens in rural areas by training them to operate computer or
digital access devices (like tablets, smart phones etc.). The Scheme aims to bridge the digital
divide, specifically targeting the rural population including the marginalised sections of
society like Scheduled Castes (SC) / Scheduled Tribes (ST), Minorities, Below Poverty Line
(BPL), women and differently-abled persons and minorities.
Digital Finance for Rural India: Creating Awareness and Access (DFIAA): through CSCs aims
to enable the CSCs to become Digital Financial hubs, by hosting awareness sessions on
government policies and digital finance options available for rural citizens as well as enabling
various mechanisms of digital financial services such as such as IMPS, UPI, Bank PoS
machines etc.
CONCLUSION: The government can also promote digital literacy and digital financial literacy with the
help of NGOs and CSOs so as to reach the remote location and reduce the digital divide in the
country.
Q14. Lateral entry is essential for professionalism in civil services but it is
anti-thesis to the civil services values. Argue the statement.

APPROACH
INTRODUCTION: Explain the concept of Lateral entry.
THE BODY
1. Why it is important?
2. How it is anti-thesis to the civil services values.
3. Way forward.
CONCLUSION: Increasing complex issues will need more domain
experts with the government.
The present Union government has been discussing about introducing Lateral entry in the
higher Bureaucracy. The concept is prominently in use in USA where expertise of private sector is
used in the civil services by allowing lateral entry. Presently the bureaucracy lacks the
professionalism which reduces the efficiency and effectiveness of the policy formulation and
implementation.

CSE 2017 19
GS TEST VI MATTER LUKMAAN IAS

NEED FOR LATERAL ENTRY


HIGH LEVEL OF The higher level of incompetency especially at higher echelons in public
INCOMPETENCE administration in India and lack of specialisation and domain knowledge
due to frequent transfers and automatic promotion.
POSTING AND Once inducted, postings and training seem to turn a civil servant into
TRAINING ISSUE generalists rather than specialists.
The training does not appear to focus on domain expertise and the
knowledge required by jobs in todays context.
COMPLEX The world today posed myriads of complex challenges before public
ADMINISTRATION administration which cannot be effectively tackled by 'Generalists'.
SHORTFALL IN The Baswan Committee (2016) has shown how large states such as Bihar,
NUMBERS Madhya Pradesh and Rajasthan have a deficit of 75 to over 100 officers and
their unwillingness to sponsor officers to go to the Centre on deputation is
understandable.
NOT FIT IN POST- IAS has been designed for the pre-reform India of a dominant state. It is
REFORM PERIOD inward looking or self-aggrandising behaviour which needs to be replaced
with more open and citizen-oriented bureaucracy.
TYPE-I AND TYPE IAS examination is prone to both, what statisticians call type I and type II
-II ERROR errors; some who are potentially good administrators fail to make it, and
some who do make it, fall short of the requirements.
Mid-career lateral entrants with proven capabilities will help bridge this
deficiency.
However, it is said to be an anti-thesis to the civil services values because:
1. Civil services are based on its foundational values such as loyalty, commitment, service
spirit. The employee coming from private sector will not be able to inculcate or adhere to
such values.
2. Career-orientation is the important aspect of the civil services. While lateral entry will be of
short term and will not be career oriented.
3. The civil services neutrality is considered as one of the important value of civil services.
Discretion on lateral entry may pave the way to charges of being politically motivated,
which may degrade the system (spoil system in USA).
4. It is also not clear how lateral entrants would be more performance-oriented and less
process-compliant than the civil service, considering that process compliance is the
prerequisite.
Way forward:
1. The domain specialisation as suggested by the 2nd ARC so that civil servants will be able to
deal the complex, technical issue is policy formulation.
2. Professionalism can be brought through in-service training to the civil servants by the
private experts.
3. Lateral entry can be allowed in the specialised areas and sectors such as Science and
technology, Information Technology and cyber technology with appropriate selection and
appointment process.
CONCLUSION: The Lateral Entry is already present in the government as seen from the appointment
of Nandan Nilekani as head of UIDAI. The more and more complex issues will need more domain
experts in the government to tackle those issues effectively and efficiently.

CSE 2017 20
GS TEST VI MATTER LUKMAAN IAS

Q15. Citizens Charter envisages, the power of people is stronger that the
people in power. In the light of this statement, critically analyse its scope in
making government transparent and responsible.

APPROACH
INTRODUCTION: Explain the philosophy of CC.
THE BODY
1. Core principles of CC.
2. Scope in making government transparent and responsible.
3. Some successful examples.
4. Limitations of CC
CONCLUSION: CC along with RTI, e-governance and Social Audit to make
government transparent and responsible.
The Citizens Charter is designed to provide timely as well as quality service to the people.
This envisages that people are the king (sovereign) and government institutions and employees are
the servants of the people. For example, every five years people exercise their power in election. It
promotes democratic ideals where people are the masters.
The government is obliged through social contract to provide justice to every section of
society, citizen grievances and voice to the people. It gives emphasis on rights based approach i.e.
people have right to participate in governance of the country. The grievance redress component of
CC suggest that people can hold civil servants accountable.
The concept was first articulated and implemented in the United Kingdom with a simple
aim to continuously improve the quality of public services for the people of the country so that these
services respond to the needs and wishes of the users.
Six core principles of the Citizens Charter movement as originally framed:
(i)Quality: Improving the quality of services
(ii)Choice: Wherever possible
(iii)Standards: Specify what to expect and how to act if standards are not met
(iv)Value: For the taxpayers money
(v)Accountability: Individuals and Organisations
(vi) Transparency : Rules/ Procedures/ Schemes/Grievances.
In a Conference of Chief Ministers of various States and Union Territories held in 1997, an
Action Plan for Effective and Responsive Government at the Centre and State levels was adopted.
One of the major decisions at that Conference was that the Central and State Governments would
formulate Citizens Charters, starting with those sectors that have a large public interface (e.g.
Railways, Telecom, Posts, Public Distribution Systems).
The scope in making government transparent and responsible:
1. Quality of service: The government institution is responsible for providing quality service as
per standards provided in the CC. this improves the responsibility of the government
towards needs of the people.
2. Responsible Attitude: The provisions of CC change the attitude of the civil servants from red
tape to service oriented. It brings professional attitude as government competes with other
private service providers.
3. Responsible Behaviour: The provisions in CC such as How may I Help You, special counters
for women and elderly changes the behaviour of civil servants by showing compassion
towards weaker section.

CSE 2017 21
GS TEST VI MATTER LUKMAAN IAS

4. Transparency: the CC provide the name and number of services provided. It also gives the
procedures, methods to obtain service. The citizen participation brings more transparency in
the institution powered by RTI.
Some successful examples:
1. SEVOTTAM ( excellence in service) :

GRIEVANCE REDRESS(
RECIEVE, REDRESS AND
PREVENTION)

SEVOTTAM
MODEL
DELIVERY CITIZEN'S
CAPABILITY(CUSTOMERS CHARTER(IMPLEMENTAT
,EMPLOYEES AND ION, MONITORINGAND
INFRASTRUCTURE) REVIEW)
2. Single Window System
3. Jan Seva Kendra (Common Service Centres)
Even though it has made helped to make government transparent and responsible but it still
have some limitations such as CC cannot be applied in all areas such as police department or
defence establishments. Also issues such as social exclusion, lack of complete transparency and
responsibility at cutting edge level and non-binding nature of CC limits the success of CC.
Therefore, only CC will not be sufficient to make government transparent and responsible.
Other measure such as RTI, e-governance initiative are also important in this direction.
Conclusion: the CC along with RTI, e-governance has immense scope to make government
transparent and responsible.
Q16. The prevention of corruption Act 1988 has ended up protecting the
corrupt and punishing the honest officers and hence, the law needs a relook.
In the light of this statement, discuss the pros and cons of its amendment.

APPROACH
INTRODUCTION: The background of PCA 1988.
THE BODY
1. How it has failed in its intent.
2. Pros of new amendment to the Act
3. Cons of the amendment to the Act.
CONCLUSION: Need to change attitude of the civil servants.

CSE 2017 22
GS TEST VI MATTER LUKMAAN IAS

The Prevention of Corruption Act 1988 was passed in the backdrop of growing corruption
among the civil servants in 1970s and 1980s(also pointed out by Santhanam Committee and first
ARC). As the economy was largely led by public sector, the civil servants controlled most of the
functions related to economy and market. This had led to secrecy and breeding ground for
corruption in the bureaucracy.
However, the PCA 1988 ended up protecting the corrupt and punishing the honest officers
due to several provisions in it. The provisions such as tangible and intangible benefits from the
policy decision were vague and provided ground for falsely implicating honest officers. There are
demands from the civil servants to remove the stringent and vague provisions of the Act so as to
protect the honest civil servants and their decisions taken in policy matters.
The pros and cons of Amendment to the Act :
1. NARROWS DOWN THE DEFINITION OF CORRUPTION
The proposed amendment narrows down the definition of corruption, as demanded by the
powerful lobby of civil servants.
PRESENT Section 13(1)(d) of the existing PCA covers various indirect forms of
STATUS corruption including the obtaining of any valuable thing or pecuniary
advantage by illegal gratification or by abusing his position as a public
servant.
AMENDMENT The present Bill removes this section and replaces it with a truncated
definition of criminal misconduct by a public servant: fraudulent
misappropriation of property under ones control, and intentional, illicit
enrichment and possession of disproportionate assets.
Under this new definition, any benefit that is not economic, that is indirect or
that cannot be proven to be intentional fraud will not be punished as
corruption.
LAW The Law Commission studied this proposed amendment carefully and
COMMISSION disagreed with the narrow definition. Instead it proposed an even wider
definition.
The Law Commission suggested that any undue advantage that results from
improper performance of public function or activity of a public servant
should be punishable. Yet the government and the Parliamentary Committee
disregarded this suggestion and have obliged the babu lobby.
COMMENT This is critical, as the existing Section 13(1)(d) is the only provision in the PCA
which deals with corruption in high places where, typically, no under-the-table
transactions take place.
The corrupt public servant usually receives illegal gratification in an extremely
clandestine manner such as off-shore transactions or non-monetary
considerations such as a better posting, post-retirement benefits, etc.
All major scams, right from Bofors to the 2G scam, the Commonwealth Games
scam, the coal scam, etc. became criminal offences by virtue of this section.
This is precisely why a section of bureaucrats has been demanding a deletion
of this provision on the ground that it inhibits fearless decision-making that
may involve exercise of discretion and bona fide errors. This argument is
simply not true.
T.S.R. Subramanian, a retired Cabinet Secretary known for his integrity, has
repeatedly said that the existing law offers adequate protection to honest
officers. It does not punish any bona fide difference or even mistake unless it
is a clear abuse of power leading to financial or other gains.

CSE 2017 23
GS TEST VI MATTER LUKMAAN IAS

2. RAISING THRESHOLD OF PROOF


Under the existing law, the possession of monetary resources or property disproportionate to the
public servants known sources of income is enough to prove corruption.
The Bill makes it more difficult to hold someone guilty of disproportionate assets as it
raises the threshold of proof.
Now the prosecutor will also have to prove that this disproportionate asset was acquired
with the intention of the public servant to enrich himself illicitly.
Although the Select Committee of the Rajya Sabha agrees that proving intention should
not be made mandatory, we dont know the governments final position. Besides this,
currently, known sources of income are limited only to those receipts which had been
intimated in accordance with the provisions of any law, rules or orders for the time being
applicable to a public servant.
This provision was made in 1988 in order to cover an earlier loophole, whereby many accused
persons would cite fresh sources of income at the stage of trial, resulting in acquittal in a large
number of disproportionate assets cases. Strangely, the government proposes to delete this
requirement without any recommendation to this effect from any stakeholder. Thus the big
offenders have secured a vital escape route for themselves.
3. MORE RISKY FOR A BRIBE-GIVER TO GIVE EVIDENCE AGAINST A BRIBE-TAKER
Under the existing law, if a person makes a statement during a corruption trial that he gave a bribe,
it would not be used to prosecute him for the offence of abetment of corruption.
The proposed amendment makes it more risky for a bribe-giver to give evidence against a
bribe-taker.
The current Bill omits this provision and proposes that bribe-taking and bribe-giving will be
equally punishable. This would obviously deter bribe-givers from appearing as witnesses in
cases against public officials.
Admittedly, there is some merit in not granting complete exemption to bribe-givers, but there was
no need to do away with it altogether. The government had better options. The report of the
Second Administrative Reforms Commission has recommended a distinction between coercive
and collusive bribing. Those who are coerced into bribing but report it thereafter should be given
some protection.
At one stage there was a proposal to give a seven-day window for declaration by the bribe-giver in
order to qualify for exemption. But all such ideas were rejected. The final proposal now seeks to
punish everyone and thereby reduces the chances of evidence against the bribe-taker.
4. REDUCES THE CHANCES OF PROSECUTION OF THE CORRUPT
The fourth change reduces the chances of prosecution of the corrupt.
The existing PCA requires the governments or higher officials sanction before any serving
public servants can be prosecuted under the Act. The basic idea is to protect honest public
officials from harassment, persecution and frivolous litigation.
The proposed amendment extends this protection to retired public servants, if the case
pertains to the period when they were in office. This seems a reasonable and necessary
corollary of the original provision.
But it also adds another unnecessary and pointless condition. If a private person
approaches the government for sanction to prosecute a public servant for corruption, he
would now need a court order to this effect.
This additional layer of protection for the accused would discourage victims of corruption
and anti-corruption activists from prosecuting corrupt public servants. Clearly, the

CSE 2017 24
GS TEST VI MATTER LUKMAAN IAS

government is concerned more about shielding government officials than prosecuting the
corrupt.
5. GETTING THE NOD FIRST
The most deadly and diabolic provision that the government has quietly slipped in without
much public scrutiny. It proposes to insert a new Section 17A that would bar investigating
agencies from even beginning an inquiry or investigating the offences under this Act
without prior approval.
The amendment proposed by the government said this sanction was to be obtained from a
Lokayukta or Lokpal. The Select Committee of the RajyaSabha makes it worse: it shifts the
power to give this sanction to an authority competent to remove the person from office.
Effectively, it means that now, the political masters will decide whether they wish to allow
a corruption inquiry against any government employee or not.
Comment
This defies logic. As noted earlier, Section 19 of the Act already protects officials from mala
fide litigation. If someone wishes to harass an innocent officer without any credible evidence
of corruption, the government can refuse to give sanction for prosecution. But why insist on
sanction even before an inquiry? Surely, if there is no inquiry, there is no credible
evidence.
On what basis then would the government (or the Lokpal, if we go by the previous proposal)
give or refuse to give the sanction? Or, how would anyone produce evidence to secure this
sanction without an inquiry in the first place?
Even if the sanction is granted, would it not alert the corrupt official about the impending
inquiry and give him time to hide evidence?
This diabolic provision can only serve one purpose: make the higher bureaucracy and
political bosses the ultimate arbiters in cases of corruption. If a politician wants to protect a
corrupt officer, he can not only save him from prosecution (which can be challenged in a
court) but also prevent any evidence gathering from taking place.
REACTIVATING THE SINGLE DIRECTIVE
The babudom has thus managed to bring back the infamous Single Directive. This refers
to an older governmental order that no senior officer (of the rank of Joint Secretary or
above) could be investigated without permission from the government.
In the famous VineetNarain judgment, the Supreme Court had held this order as illegal, in
1997.
The government brought it back, this time as provision of law, in 2003. Finally, as recently
as 2014, a Constitutional bench of the Supreme Court held that this provision was
unconstitutional, as it violated the right to equality.
Such is the power of babudom and its hold over netas that it has managed to bring this
immunity clause back for the third time.
CONCLUSION: The real problem lies in nexus between the politician and bureaucrats as well as
political interference in investigating agencies like CBI. Thus there is need to bring autonomy and
professionalism in investigating agencies and reducing the personal vendetta in senior-junior
relations of civil servants.

CSE 2017 25
GS TEST VI MATTER LUKMAAN IAS

Q17. The nexus between politician-criminal-bureaucrats affects not only


development but also governance and democracy. In the light of this
statement, make out a case for systemic reforms in India.
APPROACH
INTRODUCTION: What is this nexus and why ?
THE BODY
1. Impact on development governance and democracy.
2. Systemic reforms
3. Examples.
CONCLUSION: Political will and statesmanship.
There is a nexus between politician-criminal-bureaucrats as seen from the increasing
criminalization of politics and corruption. However, the question of why do politicians or parties
need candidates of criminal background needs to be analyzed.
The costs of elections have burgeoned in recent years. Parties are on the lookout not only
for self-financing candidates but those who can also fill the parties coffers to help other candidates.
The weakness of the Indian state in upholding the rule of law and in delivering public services
compels constituents to turn to local tough-men for ameliorating their problems. For another, where
divisions of caste, ethnicity or religion are strong, criminal politicians acquire greater salience owing
to the dynamics of voter identification.
Impact on development, governance and democracy:
Development: the nexus leads to corruption in the government. The policy formulation will
be opaque and biased. This hampers the development of weaker sections as well as
economy.
Governance: the nexus will lead to appeasement of particular section of society which may
lead to increase in communal and caste differences. The policy formulation and
implementation will not be efficient and effective.
Democracy: the nexus will bring down the internal accountability mechanism on the
bureaucrats from the politicians. This will lead to arbitrary use of power by public officials
while dealing with people. It will also curb down the civil liberties and increase the human
rights violations.
To deal with such nexus, there is need of systemic reforms in all pillars of government.

Legal

Judiciary Politics

Administrati
Economy
on

CSE 2017 26
GS TEST VI MATTER LUKMAAN IAS

1. Politics: The SC order in the Lily Thomas vs Union of India wherein It declared Section 8 (4)
of the Representation of the People Act, 1951 as unconstitutional. while MPs/MLAs still have
the right to appeal, now they immediately cease to be members the House. There is need of
political will to bring reforms such as transparency in political funding, internal party
democracy, ethical practices during elections.
2. Legal: There need to amend some laws such as RPA 1951, provisions from IPC, Officials
Secrets Act, Indian police Act 1861 so as bring more transparency and accountability among
the politicians and bureaucrats.
3. Administration: There is need to promote open culture in administration. The e-governance
initiatives such as KHAJANE project of Karnataka government to bring transparency in the
revenue department. The police administration should be changed to meet the changing
demands of society(sensitivity and compassion) and economy(cyber crimes).
4. Judiciary: The criminal justice system need urgent reforms with more conviction rate and
reduced pendency of cases with the help of special courts and ADR mechanisms(Lok
Adalats). To fill up the vacancy of judges, the All India Judicial Service can be established.
5. Economy: There is growing digitalisation of economy as government is promoting it through
initiatives such as BHIM app, Aadhar linked payment systems, QR code etc. there is
emerging challenge of cyber security. There is need to identify and protect Critical
Information Infrastructure. Minimum government maximum Governance should be the
motto of government while dealing with economic forces(minimum regulation maximum
facilitation).
CONCLUSION: The time is finally here for all political parties to jointly agree to step away from
sponsoring criminal candidates and move towards the development of a healthy, wholesome and
robust democracy that our freedom fighters fought for, and our constitutional framers had
envisaged.
Q18. Poverty in India cannot be tackled effectively unless the present culture
of bureaucracy changes to not only outcome-centric vision for governance
but also taking collective ownership. Discuss.

APPROACH
INTRODUCTION: Meaning of collective responsibility.
THE BODY
1. Change in policy orientation from output to outcome.
2. What is present problem with bureaucracy.
3. How to solve it through collective ownership. Explain with example.
CONCLUSION: Foundational values to guide civil services in that direction

Collective ownership is corollary of the collective responsibility. Here It means that


everyone in bureaucracy is responsible for decision making ,its implementations and the
impediments coming in the governance process.
Immediately after independence, government focused on output (quantity) orientation in
policy goals. However, since 1990s the government has changed its emphasis on the outcome
(quality) orientation for governance. Governance is being measured in terms of effectiveness of the
policies.
Presently, there is wide division and separation of works in to different departments and
ministries. This has led to lack of coordination among these departments and every department is

CSE 2017 27
GS TEST VI MATTER LUKMAAN IAS

concerned about themselves and their jurisdictions (Individual or Institutional Ownership). For
example, in urban areas, the parallel development agencies has led to overlapping of working areas
which hampers public grievance redressal and governance.
The poverty related policies and schemes are formulated and implemented by different
ministries and department such as ministry of rural development, ministry of social justice, ministry
of skill development, ministry of women and child development. Thus, this leads to overlapping of
schemes and policies. The grievance redress mechanism is located in different department for
these policies. The bureaucrats try to avoid taking responsibility of other departments. The poor
people already deprived of resources have to go from one department to other in search of policy
benefits and redress to grievances.
This bureaucratic culture have to change so as to tackle the challenge of governance in
general and poverty in particular. The collective ownership concept provide the apt solution to this
challenge. When bureaucrats will start to take responsibility going beyond their jurisdiction it will
help to reduce poverty and provide social justice in efficient and effective manner. Therefore, there
is need of coordination and cooperation among different departments of the government so that
issues of poor and weaker sections of society will be solved easily.
CONCLUSION: The bureaucracy should always keep in mind the foundational values of civil services
such as service motive, compassion towards weaker sections of society. This will help in good
governance and overall development of the country.
Q19. The increasing emphasis on accountability through RTI, Citizens
Charter, Social Audit and e-governance shows that traditional mechanisms of
accountability no longer remain effective. Critically examine.

APPROACH
INTRODUCTION: traditional measures of accountability and their
limitations.
THE BODY
1. Growing demand of external measures since 1980s.
2. How traditional measures are still important and effective?
(important part of the Q.)
3. Causes of weakening of these measures in recent past.
4. Modern measures emerged because of need and not due to
limitations of traditional measures.
CONCLUSION : Both measures required to build strong accountability.
Traditionally, the accountability measures were exercised through formal, legal and
procedural methods such as financial accountability through CAG audit, Legislative accountability
through parliamentary debates, committees. These measures have limitations or weakness due to
growing corruption, nexus between politicians-bureaucrats-businessmen-criminals.
Since 1980s, There has been growing demand of the people participation in bringing
accountability in the government. The measures such as RTI, social Audit have evolved and are being
institutionalized in India. These measures are proving effective in exercising accountability over civil
servants because of their inherent characteristics such as bottom-up approach, inclusiveness.

CSE 2017 28
GS TEST VI MATTER LUKMAAN IAS

TRADITIONAL ACOOUNTABILITY (INTERNAL) MODERN ACCOUNTABILITY (EXTERNAL)

FORMAL INFORMAL
TOPDOWN BOTTOM-UP
HEIRARCHIAL INCLUSIVE
LEGAL EXAMPLES: RTI,CC, SOCIAL AUDIT,
PROCEDURAL E-GOVERNANCE.
EXAMPLES: CAG AUDIT,PARLIAMENTARY
CONTROL,
EXECUTIVE CONTROL OVER
BUREAUCRATS.

However, traditional accountability measure are still very important and effective in
exercising accountability which common people have limitations to do. The financial accountability
of the executive through CAG audit, PAC reports, Budget discussions. These institutions have
necessary expertise with them to scrutinize government policies which common people generally
lacks.
The legislative accountability of government towards parliament is also exercised well
through question hour, debates and discussions, Committee reports. The government have to pass
the legislations in both houses of the parliament which scrutinize them.
These mechanisms are becoming weak recently due to various factors such as party politics,
criminalization of politics, majority government taking ordinance route and money bill route to
pass legislations. The lack of statesmanship among the MPs and MLAs has led to decreased
accountability over civil servants and executives.
However, the modern mechanisms evolved not because of weakness or limitations of
traditional mechanism but due to necessity in awake of growing awareness among the people
about their rights, exposure to western democratic values, emergence of concept of good
governance etc. in democracy, people should participate actively to hold the civil servants
accountable.
CONCLUSION: Modern measures of accountability has helped to build strong accountability, brought
transparency in the government (RTI, e-governance) and made government and civil servants more
responsive toward people.
Q20. The evidence-based policy making can help overcome problems related
with policy design and issues related to implementation of policy. Explain
with suitable examples.

APPROACH
INTRODUCTION: What do you mean by evidence based policies.
THE BODY
1. Explain the process with example.
2. How it will help to issues in policy design and implementation.
3. Elaborate with example.
CONCLUSION: government should promote such process to reduce
resource wastage and effective outcomes.

CSE 2017 29
GS TEST VI MATTER LUKMAAN IAS

The evidence based policies are the policies based on the research, analysis, facts. These
policies have some basis for the policy so that it will work. For instance, the policy implemented on
the pilot basis first in some areas. Then it is evaluated and analysed. The positive result of the
research based on the analysis leads to extension of the policy to the other areas.
The government policies such as Direct benefit Transfer (DBT), e-governance projects,
Aadhar are first implemented on the pilot basis. The results from those areas were analysed by the
policy experts and the feasibility of policy is checked. Accordingly, government takes decision
whether to continue or discontinue the policy.
How it will help to overcome policy design and implementation issues:
Policy design:
1. It will help the policy makers to decide the policy objectives on the basis of ground research
and analysis. Thus it has more possibility of successful outcomes.
2. The analysis will provide variety of avenues for resource use for required policy.
3. The pilot study will help to understand the problems in design of the policy so as to change
it before extending to larger areas.
Policy implementation:
1. The prior experience of policy implementation will help to know what will be problems in
implementation and how to overcome them.
2. While implementation, the feedback can be helpful for changes in the policy design. Thus
reducing the further implementation problems.
Elaboration with example:
The policy design of Aadhaar are not based on the research, comparative analysis with other
countries(same policy failed in U.K.), lack of clarity in institutional mechanism and role of citizen in it.
The implementation problems such as thumb impression problem of MGNREGA workers could have
been addressed on the basis of evidence based policy making process.
The NITI Aayog has been promoting the evidence based policy making. The policies such as
Universal Basic Income (UBI) is being analysed with the help of comparative studies with other
countries. The Aayog is trying to evolve more options in policy making through Big Data Analysis.
Conclusion: the government should try to design such policies so as to minimize the resource and
time wastage and effective policy outcomes.

CSE 2017 30
GS TEST VI MATTER LUKMAAN IAS

CSE 2017 31