PUBLIC ADMINIS.

TRATION·
PAPER-I (Unit-V)

(SUMMARY OF THE CLASS NOTES)
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Dr. D.P. Minocha
Professor of Public Administration

From the Directors Desk

Dear students

these are the summary of Class Lectures

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Paper-I (Unit-V). They comprise of description and analysis of the dealt topics. To get the essence of the topics at least two readings of the entire material is required. You are also required to remember the context of the lecture so as to get the broader view. These notes will be further supplemented the topic. by printed booklets to explain the details of

Regards
HRISHIKESH B. KULKARNI

Director KAIZER EDUCATION GROUP

INDEX
Accountability and Control
Paper-I (Unit-V) 1. Accountability
• • •

and Control

Types of Control over administration Legislative Control Executive Control Judicial Control Ombudsman Corruption

2.

Citizen and Administration


3. 4. 5. 6. 7. 8. 9.

Role of Media Civil Society Voluntary Organization Citizen's Charter Right to Information Social Audit Questions

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A PREMIER GROUP FOR ELITE CIVIL SERVICES

KAIZER EDUCATION GROUP

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Pu blic Adm inistration (Paper-I: Unit-V)

Accountability & Control
the Constitution. Legislature is the guardian of public will. It is most important organ which represents the will of people. It is the custodian of public finance. It is based on the dictum no taxation without representation. Money is the cornerstone of all activity. One who can control money, can control the mind. In parliamentary form of government the executive is a part of legislature. Legislature is the creator and the destroyer of the executive. Legislature controls almost all forms of governmental activities. In parliamentary form of government the legislature control the executive completely. Institutional arrangements through which the legislature controls the executive can be categorized as follows: 1. When the executive approaches the legislature: In order to bring constitutional amendments, enactment of laws, appropriation of budget the executive approaches the legislature. This category includes president's speech which reflects broad policies of the government as well as the vote of thanks. Apart from this when the executive approaches the legislature for amending old laws or to bring new laws.

True accountability can be achieved and control can be exercised by informing, involving, and inspiring people. The role of citizen is very important in this regard. The moment work is divided, role and responsibility has to be divided and to discharge the work authority need to be given. But this authority is at times mi~. So to check the misuse of authority some control has to be exercised. Control and accountability is an instrument to evaluate the responsibility. The relation between authority, responsibility and control can be depicted as shown below: Responsibility '"

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.~ Control & Authority'---------"Accountability In general we do not differentiate between accountability and control but there exist substantial difference as discussed below: Accountability I. It comes into play after the event is over 2. It is output oriented 3. It is based on the result, assessment or impact. Control I. Control is exercised before the action 2. It is input oriented 3. It is procedure based. Control is exercised in day to day matters.
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Concept

of Control

It is based on methods and rules. It deals achieved. with ~tions, authorizarions, permissions, required. It is a method of directing how to discharge activities in a particular manner.It is also a process of refrain ing activities

Concept of Accountability
It is to render an account an explanation. Ifthere is a gap between the set target and ach ieved target then explanation has to be given.Accountability can be oflong duration. It is advocated that we should not wait for years and for the end products, but check the input to get desired output. We can have both accountability and control by eval~~ing output, giving freedom and autonomy to those who have the responsibility to discharge the given duty, then the end results should be checked.

Control over administration is exercised by: I. Legislative Control 2. Executive Control 3. Judicial Control

Legislature
The most important organization of the government is Legislature. The legislature draws its power directly from

This gives opportunity to the legislature to discuss and debate on related matters. The legislature also discusses on the performance of the executives on .§ tbe basis of Annual Reports submitted by the e executive agencies. 0-c 2. Wilen the legislature can itself seek informations ~ from tile executives: The legislature through is ::J authorised to seek infomations where it can render ~ executive answerable. In this regard "Questions C) Hour" is the most important instrument which keeps Z the whole of civil service on their toes. These o 1-4 parliamentary questions forces the civil servants to ~ c:t be cautious, careful and keep records of various U activities. ::J o Other instrumentsare call attention motion, zero hour, w ~ vote on no confidence, which help the members of ~ legislature to keep executive authorities on hook. But fact of the matter is the supremacy of Parliament has declined :::.::: power has shifted to the executive. So these legislative and controls over executive are not effective owning to following reasons: 1. Complexity of issues: Members of legislature are amature'and failto discuss technically complex issues. They are capable of discussing minor issues and broad policy matters only. 2. Limitation of time: Legislature has to address number of issues in limited time. 3. Legislature is a political body: Political matters are discussed at length, but technical asepct may not be discussed. 4. Maj~rity: Debates, discussion make Parliament a talking shop. Till the executive enjoys confidence the 2 ~

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21 Public Administration will of the executive dominates in decision making. Even in presidential form of government the majority of executive dominates. Similarlyinparliamentary form of government, the ruling party roll backs before giving chance to the opposition to raise unpopular issues. The government becomes sensitive to the legislature and exercises self control. The legislature plays to the people, educate people by exposing the government and tries to reduce the ruling party to minority. So this control is not real but an instrument of influencing the governmental thinking & policies. Committee System Committee is a small body representing the member of legislature on the basis of proportional representation they work on behalf of legislature and report back to the legislature. The advantages of committee system over legislature: 1. It is a small body as compared to the Parliament. 2. It functions throughout the year. Even adhoc committees work for appreciable time. 3. Expert people are present so committees are technically competent as a compared to the legislature. 4. Committees have external technical support They can seek technical advice whenever they need unlike the legislature. • 5. Committees are mobile, they can visit and physically examine records unlike legislature. 6. Legislature deals with political issues and the real day to day matters are dealt by these committees. These committees directly control the administrator. So real executive control is exercised by these committee. 7. Owing to party discipline members have to take decision in favour of the party directives but in committee there is no such binding. So committee can rise above political lines. 8. Committees are miniature parliament. In India there are 55 such committees. Out of these 3 1 are joint committees. 12 single house committees of Lok Sabha and 12 single housecommineeofRajya Sabha i.e. 24 single house committees. Departmentally related Standing Committees: Rationale two major factors were considered in creating these committees: I. Budget is an important instrument of socio-economic change. But without proper discussion it is passed. Many times it is passed by 'Guillotine'. 2. There are different stages in passing a bill, in committee stage bills are discussed thread bare where as in the Parliament only the important clause are discussed. Apart from this the number of departments is increasing but the time and membership of this committee is still same. The Estimates Committee became incapable to perform its function of examining budget proposal, even once in five years they failed. So the idea of creating such committee emerged in 1992 to examine budget. British Pari lament had (I) Committee on Waysand Means and (2) Committee on Supplies. In Britain the whole House acts as committee in place of speaker the Chairman of the Committee presides and no parliamentary procedure is followed. Committee discussion takes place cutting across the party lines. Waysand means committee deals with the budget portion related to generation of money and committee on supplies deals with budget portion relation to government expenditure. India follows the committee system of Britain but whole house does not acts as committee. Very strangely 16 Committees are known as Lok Sabha Committees and 8 are known as Rajya Sabha. The nomenc lature depends on the Chairman of the Committee. No minister is appointed. Every member is appointed for a period of 1 year. The members are given 3 choices to select the committee. After budget is announced the Parliament goes for on recess for 4 weeks. In this period the committees are on work. ~ In 1993 we created 17Committees which was ir!creased .~ in2004 into 24. .... ~ I. Departmentally Related Committees: The membership is 21 from Lok Sabha and 10 from Rajya .s; Sabha the purpose of the committee is to examine U .~ demand for grants, all bills related to that department, u:i annual reports, longterm pol icy document on national ,_ ..2 issues. The committees are right step for analysis but 0the parliamentarian are remain very busy and do not take much interestin the activities of committees. This 0 .... reduces the effective working of committee system. .~ ~ 2. Estimates Committees: It is committee on Estimates. It has 30 membersfrom Lok Sabha elected for a period ~ I of I year. In British Parliament 36 members are there. C. In India the Chairman is nominated by the speaker, :::I o where as the British Parliament elects the Chairman. ~ In India if DeputySpeaker is the member of committee (!' he acts as Chairman. The tenure is I year. Z

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~ Functions of Estimates Committee ~ I. It suggested measure on how to bring improvement :::I in organization, efficiency or administrative reform C w consistent with the policies underlining estimates. ~ 2. To suggest altemate policies and to see whether the w N estimates are well laid out within the limits of the ~ policies. It is virtually a committee on administrative ~ ~ reforms. This committee has membership only from Lok Sabha because money bills can be constitutionally presented in Lok Sabha which is directly elected body. The Estimates Committee exercises pre budgetary control. Committee on Public ACCOUllts: It consist of 22 members elected for I year; 15 from Lock Sabha and 7 from the Rajya Sabha. Since both houses are party to approval ofthe budget hence membership belongs to both houses. Role and Functions I. To examine accounts showing the appropriation of sums granted by the house for the expenditure of the government and 2. To examine annual finance account of the government. In other words this committee is meant to protect the intention & spirit of the Parliament i.e. regulatory audit

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Public Administration and propriety audit is conducted. Whole idea is to check whether the money available to the person has been spent for the given purpose. CAG provides technical support. Basic report is prepared by the CAG and vitals issues are dealt by the Committee. Committee 011 Public Undertakinggenesis: Prior to 1965 we did not had this committee. Two reasons for the creation of this committee are: 1. The volume of work on Estimates Committee was increasing, to share its burden this new committee was created 2. To examine the details of gigantic role of Public Enterprises this committee was needed. Originally there were 15 members but it was raised to 22 in 1974.

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Committee on Absenceof members from sitting of the house: This committee has 30 members, 15 from Lok
Sabha and 15 from Rajya Sabha. I t considers appl ications of leave from the members of Parliament who are absent from the settings of the House and examine every case where a member has been absent for a period of 60 days or more without permission. Ethics Committee:It consist of I 0 members only from Rajya Sabha It oversees the ethical & moral conduct of the members. It examines misconduct of members and cases referred. to breach of code of conduct. It recommends action against such cases. In Lok Sabha the speaker can create adhoc committee as and when required. Cash for query was examined by an ad-hoc committee headed by Pawan Bansal.

Pu rpose
I. This Committee deals only with statutory corporation & joint stock companies and not the departmental form of organization which are covered by the Estimate Committee. This Committee do not examine the policy matters because policy prerogative is of the Ministries and is dealt by Estimates Committee. It has some functions of Estimates Committees and also that of PAC. Exemptions are given to Financial Institutions because they have own system of audit so Committee on Public Undertaking (COPU) has no control over them. All such organization which receive budgetary support are dealt by the CAG and are internal financial transaction are examined by Committee on Public Undertaking.
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W{)rking of the Committees

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To cover large canvas of discussion these committees creates sub-committees. Secretarial support is provided by the subcommittees, a questionnaire is prepared and filled. Based on this, analysis is done. During analysis every Committee has the right to ask questions to the related civil servants. The reply given by the officers, are part of the report. Committees can even take suggestions from experts on the matter under discussion. Then the committee prepares its report and gives suggestions to the government to take required action.

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The effectiveness of the role of committee is reduced by I. Con fi·· rung Its wor k as post mortem. 2. It can examine only 10 to 12public undertakings per year. 3. Its recommendations are only advisory. Committee on Petitions: This committee has 15 members from Lok Sabha, 10 from Rajya Sabha. Basic purpose of this committee is to redress public grievance. Its function is to consider and report on petitions and representations. Committee 011 Government Assurance: This committees has 25 members, 15 from Lok Sabha, 10 from Raj Sabha. Once the government commits on the floor of house, this committee plays an important role to see what actions have been taken by the government to meet those assurances. It reminds the government to fulfil its commitments. Committee 011 Subordinate Legislation: Acts are made by the Parliament but law formation can be done by executive authorities also by making regulations, rules and by-laws. Substantial laws are made by the Parliament & procedural laws are made by the executives. This Committee checks that all the laws made by executive are consistent with the Parliamentary laws or not. It checks the intention the spirit in which laws are enacted. In this way controls the executive. It has 15 members from each House.
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The Action Taken Report (ATR) is prepared by the government which contain 4 parts: I. Suggestions or recommendations that are accepted by the government. 2. Suggestions or recommendation that are not accepted by government and the replies of the government are accepted by the committees. 3. Recommendation not accepted by the government & replies not accepted by the committees. Suggestion under consideration. 4. These committee are very important as source of information. Lack of'technical professional support except PAC. They do not have independent source of informations. Administrator can manipulate information or hide them whiIe reporting before these committees. No time limit for taking action and providing reply is fixed by the government. To check follow up action of government no mechanism is available at the hands of these committees. Activities of state is increasing but the membership of these committees is limited. They may not be able to examine issues periodically.

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Steps that to be taken to mitigate these problems are: I. Various committees have started appointing experts investigators & organization analysts for assistance independent.

41 Public Administration

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With the help of information technology and convenience they have been given operational autonomy communication and e-govemance informations can but overall control rests with the executive. Th is is because these Public Enterprises are set up for national purpose to be obtained by these committees directly. 3. The committee can remark on the delay taken by the implement public policy. These Public enterprises are funded by the government and ownership lies with the government and government takes cognizance of government. Executive control over PSEs depends on the such remarks. type of control depends on their legal status. In statutory 4. After certain period the departments are re-examined by the committees. For this the previous comment corporation we have indirect control. The degree of control on Public Enterprises varies from organization to becomes the basis for analysis this shows the organization. Regular control is exercised by the significance of committee system. Committees are not for control but it helps in government through concerned ministry. governmental functioning, influencing the working of Mechanism of Control government. Large number of reforms have been initiated Government has certain reserved powers which cannot by them for example the 20'" Report of Second Lok Sabha be exercised by the Board of Directors since the powers emphasised the need for "Performance Budgeting". So are divided as numerated powers. these committees are important instrument of brining administrative reforms. Unnumerated Powers It is real, direct & effective control by the Parliament ~ I. All appointment of board of full time and part time on administrators. It is the most important source of .~ member are made by the government. informations. The replies given by the government reveals ..,J 2. All extension beyond the age of retirement have to the view point of government. .;; be approved by the government.
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Legislature

control

over public enterprises

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Legislature controls over Public Sector Enterprises through Question Hour. Zero Hour, debates and discussion on the Annual Report of public sector

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All matters pertaining to foreign exchange, foreign investments etc. need prior permission by the government. Department of Public Enterprise has prepared model rules, it is obligatory on the part of Public Enterprises to follow them. They can deviate from these rules after prior permission from concerned ministry. In the name of coordination Department of Public

enterprises. Further the control is exercised through 0 committee on Public Enterprises. In the name of consumer's '.~

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representations a large no of local MLAs are member of ~ 5. Board of Directors in the public sector enterprises. This is ct « a kind of direct control. Those public enterprises which I deal with social sectors are headed by politicians. At the state level large number of public enterprises are headed by MLAs. It is advocated that one separate ministry of public enterprises must be created. This will reduce the span of control and establish unity of purpose. It is not done so because subject matters relating to public enterprises are to be created by the divergent ministry.
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It is an internal control. It is inter ministerial or inter W departmental control. At the apex which cabinet secretariat ~ is there which acts as main coordinating agency. Under ~ them the interdepartmental committees work. The most important department is the Program Implementation department. It monitor the projects whose value is above Rs. 200 crore. Within the Planning Commission all programs are constantly monitored by the Planning CommissionProgram Evaluation Organization is there is Planning Commission which monitors various national schemes and programs. In the context of governance for administrative Judicial Control convenience, we create nodal ministry e.g. (I) For finance Whatever political system exist a lot of constitutional & related functions the Finance Ministry Acts as the nodal legal importance is provided to the judiciary. Judiciary ministry. It is responsible for all public expenditure plays an important role in governance of society. American (According to Fayol responsibility should 0 with system has clearly defined the separation of power and authority). (2) Personnel matters of all ministries are under gives importance to independentjudiciary, In a federal set Ministry Personnel. up to settle disputes, the constitution provides a prominent Executive control over Public Enterprises: Public place to judiciary: It not only settles disputes but also act Enterprises are considered as a role of State. For

Enterprises prepares experts monitors of the performance of Public Enterprises Annual survey of Public Enterprises are prepared by Department of Public Enterprises. We have Public Enterprises Selection Board CPESB) which acts as auxiliary agency. It recommend 3 persons for full time board level posts. The government can influence public enterprises exercise executive a has direct control act as partners in decision making, and monitor the performance of the public enterprises by their sheer presence as part time members in the Board of Directors. Since2 nom inees of government in the Board of Directors are from 1. Ministry of Finance 2. From concerned ministry This control is really in effective. This control is perceived as unidirectional, arbitrary, fault finding and does not provides autonomy. Secondly multiplicity of control leads to weakness of control. Moreover the control is by generalist. With generalist domination in Ministry, the control over technically oriented public enterprises becomes ineffective.

Public Administration as a guardian & protector of Fundamental Rights of the citizen. It is the saviour of constitutional provisions. With declining accountability of Legislature and executive at large,judiciary still has higher credibility, people have faith on the Judiciary. The unjust decisions of the executive are subject to scrutiny by the JUdiciary. Even at times the legislature can try to expand their role beyond the Constitution. They can try to bring over adventurism. Judiciary plays important role to check such activities. Judiciary is called as third Chamber because I. The final approval of any act to become operational is to be given by the Judiciary. 2. The Judiciary can create laws: This can be done by expanding the existing rights and through interpretations and by various judicial pronouncements. 3. It can give directions through writs. Writs can be issued to any public authorities. In this way judiciary influences policy making as the government is forced to think and act. Since 1950 to 1967 the judiciary was playing subservient and docile role. There was no clarity of separation of powers and confusion existed. The legislative . .. .. ..... supremacy over judiciary was visible when the legislature h 1 created Schedule 9 • This was done as a response to the legal.hmdl.·ances ~~eated by the judiciary ~ It declared the Zamindari Abolition Act as null and void, From A.K. ·Go!:ai~to G..sda!_Nath case the judiciary acted in adocile way. But in Golak atll case the Supreme Court reversed its earlier decisions and held that the fundamental rights enshrined in the Constitution were trag_~ce~d~1 a~ Article-368 of the Constitution only lays down the procedure for amendment & did not gave the Parliament right to amend Fundamental Rights. from here judiciary assumed an assertive role which was further reflected in Keshav Nanda Bharti Vs. State of Kerala case, Minerva Mill Vs. Union of India case and Menka Gandhi case. Further when Indira Gandhi's election was challenged in Allahabad court, she was unseated. Judiciary became proactive when it started accepted Public Interest Litigations without the necessity of locus standi. PILs started after 1990s. In this phase judiciary entered into Judicial Activism. Activism means activity oriented which re;ults into action. But the question is to whom isjudiciary accountable? To the people or to itself The judiciary should exercise self constraints as the constitution never wanted tilt ofbal~ncetowards Judiciary always criticizes legislature and the executive by doing so they were discredited in the eyes of people. This was not a welcome development. ~ssertiveness, protection of the Constitution, wide interpretation of rights, were accepted roles performed by judiciary but jud icial adventurism and judicial overreach is being questioned. Judicial Activism is like surgery or shock which should be provided to the legislature and executive when they are inactive or overactive. Limitations of judicial control are: I. It is very costly 2 It is I;ot easily accessible 3. It is time consuming
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Citizen and Administration
In the context of administrative set u citizen is both the subject and the _Ebject. Any governance starts with the s~eigtlty of people. All public olicies and actions are decided on the basis public demands whether it is direct or represenfative 'derridcracy or the particlp"ative aemocracy, people have to play important role. - Abraham Lincoln defined Democracy as Government by the people, of the eople, for the people. Efficacy of government depends on the active PllrticipatiOJ.Lill:.Q1e ~e, and how government_handles the problem of society. It is a two way interdependence, to get acceptance <E"public polic~, government depends on the people as people give there feedbacks to the government and for almost all~ctivities, society depends on the government. The whole society system will collapse if the administration collapses. Relatively more dependence of citizen on government is seen in the developing countries. This is because the state acts as an agent of social tr~rmation, provider of goods and services agent of development and is responsible for the maintenance of law order. Moreover the pre-requisite of good governance IS ff f bli t ti dd I provIsIon 0 a orum or pu ICIn erac JOnan re ressa hani Thi b -th -:------h bId mec arnsrn. IS IS ecause e gnevances s ou e I -I' ddt' I dd d I th dt oca ise an line y a resse e se ey may expan 0 wider area. They are manifested as law and order problems, like na~alites activities etc. So redressal of grievances is a must. _-

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--< Grievance Handling

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System kt",'1 C-"'('I~",'~' In hierarchical system the executive handles it within itself from lowest possible level to top m<2~level. Some officers are exclusively allotted duties to handle the grievances. The reason for rise of grievances can be I. Lack offaith in the administration system 2. Presence of rule oriente? and procedure oriented system 3. WtYPolicies The second factor is the major cause of grievances as pro~ delays creates lot of problem where the officers even willing to redress the grievances fail to do .so. For this administrative reforms are to be brought & implemented. The third factor of faulty policies are dealt by the Cabinet Secreta~iat. The minister iricharge directly looks into the areas where public has direct imy'~£!. of policies and addresses their grievances. In general grievances arise in service sectors where faulty policies does not address the demands of the people. Credibility and accountability of the executive in redressing tile grievances ~ 1. Since executive is the creator complaints so they at times become insensitive t9 thigrievances of people. 2. Administrative system is slow moving and the ag'prieved e~ects!~~ redre~ 3. People are gradually loosing faith in executive authorities as they <;:6-mp amtllie executive against the executive. 4. There is increasing volume of complaints as people are becoming awa..:_e,conscious and' demanding.

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6/ Public Administration Administrative machinery is either weak, ineffective or fail to cope up in such environment. So alternate mechanism- appears to be "Legislature". No doubt Question Hour, Zero Hour, Call attention motion, Adjournment motion all are platforms to address grievances of people. The committee on petitions also plays significant role in handling grieveances. But there exists some limitations they are: I. It is a political forum & those issues are widely discussed whichbring political mileage. 2. Legislature is not meant for individual matter of grievances. 3. Paucity oftime. Because of these limitation we resort to 'Judiciary'. Judiciary is an important forum to redress public grievances. People owe their faith in judiciary as the judgements given by the judiciary are binding on the government. But here also limitations exists they are I. This mechanism is costly 2. Not easily accessible 3. It is time consuming So we resort to Ombudsman. Young democratic set up with a powerful bureaucracy, requires Ombudsman - P.B. Gajendragadkar the then Chief Justice ofIndia. 1. In its interim report on the "Problem of Redress of Citizens' Grievances" submitted in 1966: the Administrative Reforms Commission recommended, inter alia, the setting up of an institution of LokpaJ. To given effect to this recommendation of the Administrative Reforms Commission, a Bill called the "Lokpal and the Lokayuktas Bill, 1968"was introduce in the Fourth Lok Sabha in 1968. The B ill was consideredby a Joint Committee of the two Houses of Parliament and the Bill, as reported by the Joint Committee, was passed by the Lok Sabha in 1969. While this Bill was pending in RajyaSabha, the Fourth Lok Sabha was dissolved and consequently, the Bill laps~d. In 1971, the Bill passed by the previous Lok Sabha was re-introduced in the Lok Sabha as the "Lok al and Lokayuktas Bill, 1971". This Bill also lapsed on the dissolution of the Fifth Lok Sabha. A fresh Bill called the "Lokpal Bill, 1977"was introduced in the Lok Sabha in 1977. This Bill was referred to a Joint Committee of both the Houses of Parliament which submitted its report in July, 1978. When the Bill, as reported by the Joint Committee, was under consideration of the Lok Sabha, the Lok Sabha was prorogued and was- subsequently dissolved. Consequently that Bill also lapsed. . From 1968 to 1977 'Lokayukta' wordwas removed from the Bill because the role of Ombudsman was bifurcated for State and Central Government. Original idea of establishing Lokpa1 to handle central level maters and Up-Lokpal to handle state level matters was diluted. Presently "Lokayukta" deal with investigating matters at state level. There is no uniformity regarding the jurisdiction of Lokayukta. In general it handles cases against tv!_inistersnd civil a servants. 1n States like MP, ,:!imachalPardesh, Gujarat CM is included in the purview of Lokayukta. ' 2. The Lokpal Bill, 1985 was introduced in the LolcSabha and subsequently withdrawn. The Lokpal Bill, 1989 which sought to include the office of Prime Minister also within the jurisdiction ofthe Lokpal which was to be a three Member body lapsed with the dissolution of the Lok Sabha. 3. The Lokpal Bill, 1996 was introduced inthe Lok Sabha on 13.9.1996. Thereafter, it was referred to the Department-related Parliamentary Standing Committee on Home Affairs for examination and report. The Standing Committee presented its report to the Parliament on 9.5.1997. Before the Government could finalise its stand on the various recommendations of the Committee, the Lok Sabha was dissolved on 4.12.1997 and the Bill also lapsed. 4. The Lokpal Bill, 1998 provides for settingup the office of Lokpal with a Chairperson and two Members for a fixed tenure. With a view to ensuring that the Lokpal is able to act independently and discharge its functions without fear or favour, the Bill provides that the Chairperson/Member of Lokpal shall not be removed from his office, except by an order made .by

Ombudsman
Ombudsman is one who represents views of others. The institution of Obudsman have become an important instrument to address grievance of the citizen. It is'created by ~ilution or by the legislation. It is advisory in nature. It is answerable to legislature only. This institution is very old as it started somewhere around (1809). More than 100 countries are having such institutions. It is known as Properate General- Russia Parliamentary Commissioner- UK Lokayukta - India People's Tribunal- China Every 2 years we have International Conference of Ombudsman. Every year, regular meeting ofLokayukta is held in India. With growing power of bureaucracy the need to have such institutions has increased. In the context of India the name is taken from Kautilya'sArthashastra. L.M. Singhvi suggested the word "Lok Pal". Even Santhanam Committee also advocated for the need of such a machinery control corruption. The United nation "International Commission of Jurists" emphasized the need for having such an institution and very specific reasons were given I. lncreasin role of the state and larger dependence of citizen on the State. 2. Increasing power of bureaucracy resulting into abuse of power and 3. Extended power of bureaucrats under delegated legislation. 4. Inefficiency of existing machinery to redress grievance. S. Citizen are unorganized, to get there rights protected so some institution is required to act as watchdog who can listen to their problem & provide solution. Irrespective of ideology, the institution of Ombudsman has become universal.

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Public Administration / 7 the President on the ground of proved misbehaviour 4. The bill provides for a fixed tenure of three years for or incapacity after an inquiry made by a Committee the chairperson and the members. consisting of the Chief Justice ofIndia and two other 5. The bill ensures that the Lokpal is able to act Judges of the Supreme Court next to the Chief Justice independently and discharge its functions without in seniority in which the Member had been informed fear or favour. For this, it provides that the chairperson of the charges against him and given a reasonable or a Member of the Lokpal shall not be removed from opportunity of being heard in respect of those office, except by an order made by the President on charges. It is also provided that the Chairperson and the ground of proved misbehaviour or incapacity. other Members shall be appointed by the President 6. The Lokpal will inquire into complaints alleging that by warrant under h is hand and seal on the a public functionaryhas committed an offence recommendation of a Committee consisting of the punishable under the Prevention of Corruption Act Vice-President oflndia, as Chairman, Prime Minister, 1988. The expression 'public functionary' covers all Speaker of Lok Sabha, Minister of Home Affairs. the three categories of union ministers including the Leader of the House to which the Prime Minister does Prime Minister and Members of Parliament. not belong, Leader of Opposition in Lok Sabha and 7. To enable the Lokpal to function effectively and in a Leader of Opposition in Rajya Sabha as members. quasi-judicial manner, it has been vested with the Under the Scheme of the Bill, the Lokpal will inquire powers ofa Civil Court. into complaints alleging that a public functionary as 8. The bill provides for an open court or if the Lokpal defined in the Bill has committed an offence .~ wished in-camera £!"oceedings. The debate is whether _ punishable under the Prevention of Corruption Act, the Prime Minister should be included or not.As Prime 1988and the expression "Public functionary" covers, ~ Minister is head of Council of Minister he is not above Prime Minister, Minister, Ministers of State, Deputy law so should be a part of it. Ministers and Members of Pari iament. E l n the original bill the matters relating Again, the eighth bill (200 I) lapsed due to the til maladministration and corruption were to be dealt but in dissolution of the 13th Lok Sabha in February2004. Hence ,B the present bill only provides 4matter relating to corruption the institution of Lokpal has not yet corne into existence g. charges under the purview of Lokpal. Now the Lokpal in our country, though its need was f~lt ~on~ ag? The ~ cannot deal matt~rs relating t~ ~buse?r m~suseof power. Second ARC suggested to' name this mstrtutron as ... It seems there exist lack of political WIll.Till today we are ~ itiShtnya Lokayukta'. .§ still debating and discussing about this bill. Irrespective l.-..= The salient leatures of the 200 I Lokpal Bill are as of party in power all are against this bill 40 years have follows: < passed but the institution has not come into existence. I. The bill provides for the establishment of the ~ Lokayuktaispartiallysuccessfulexperiment.lnBiharmany institution of Lokpal to inquire into allegations of times recommendation of Lokayukta have not been corruption against public functionaries including the ct. accepted by the _government. So Lokayukta should have Prime Minister, provided the offence committed is ~\Punltive po,:ers. .... within ten years from the day the complaint is lod ed. 0 Internationally this msntunon have been successful It means all the cases that are pending i~factOjwill ~ in those nations where there exist administrative setup, be transferred to the Lokpal. This act p~es wider < where people are conscious of their rights and duties. definition of family. This can be a strong political Moreover the institutions are not made by the system but instrument in the hand of corriplanent so the burden by the person who heads the institution. Let the institution of proof lies on the complanent. It charges are proved -becrea~ed, it will prove. that.we .are not accepting corruption to be vindeta, malafide, the complanent would be ~ at the highestlevel. T~ls WIll give a message to :he people. imposed 50,000 fine and imprisonment on years.This ~ Further Ombudsn:'an IS not only ne~ded at national le_ve~ would deter many to lodge complaint against b.ut we nee~ functlO~a~ ombudsman In every wake of life; politicia~ like banking act ivrty, Ombudsm~n for s.tudent~, 2. TheLokpal shall consist of a chairperson who is or Ombudsman for press. Both e~ectronIc and pr~t media has been a Chief Justice or a Judge of the Supreme should ~as Ombudsman. Court and two members who are or have been the lack of integrity in Administration and Judges of the Supreme Court or the Chief Justices of Corruption the High Court. It the servingjudge is being appointed It is very difficult to define corruption. Corruption Act as member of Lokpal then it is essential to get concurrence of the Chief Justice of India. broadly defines corruption as - "Any person who is a 3. The chairperson and members shall be appointed by public servant or likely to be a public servant render a favoJ!! or disfavour either directly or indir~t1y~in kind or the President of India on the recommendation of a in cash anything which is not legall due." Corruption is committee headed by the Vice-President oflndia and a dicey thing to define. A person not performing duly and comprising the Prime Min ister, the Lok Sabha Speaker, taking salary is also considered corrupt. the Home Minister, the leader of the House other than
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the House in which the Prime Minister is a member and leaders of the opposition in both the Lok Sabha and the Rajya Sabha.

Factors that leads to Corruption
5 factors are mentioned they are: I. Economical

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3. 4. 5.

Political Social-psycbological Historical Administrative

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Economic Factors Wherever there is scarcity of goods & services, widening of the demand supply gap, it leads to hoarding & black marketing, this breeds corruption. Economic regulations lead to concentration of power which in turn increases corruption. Equally important is consumerism & demonstration effect. Consumerism replaces value with materialism & demonstration effect together develops greed and breeds corruption. Moreover low salary, frustration in terrn of purchasing power exists. So the people indulge in illegal activities to satisfy their needs. Economicallysome people believe that they are becoming poorer every year.
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there exists problem of autonomy and accountability. The efficacy of this office is under scrutiny. Deterrent punishment: We are a soft state law breakers think that state cannot catch them. So deterrent punishment should be given for breaking the law. N. Vithal former Chief Vigilance Officer took various steps to strengthen CVC like The names of tained officers were put on 'Web' to inform public. He said that we punish the corrupt but cannot protect the honest officers. P.C Hota highlighted to check corruption. More than punishing dishonest people it is important to protect the honest people in the system. Vithal Said "Corruption in India is high profit low risk venture." The-risk involved in development is explained as shown below:
Low risk High gain High risk High gain

and gain achieved

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Political Factor 't Political system is corrupt itself & is ineffective to control ~ corruption. Money power plays important role during 's election. U Social-psychological Factors iii It appears that society itself is corrupt. Dowry is form of ,2 Corruption. In our social system corrupt practices takes g. place, corruption receives social acceptance. ~ Administrative Factor .s Administrativesystem is lengthy, inefficient, cumbersome ~ procedures. To circumvent this delay people are bound to ~ pay money.Corruption is because of non-performance. I Q. Corruption is a phenomenon defined as ;) C=(P+S)-A or C = (M + S) - A C=Corruption,P= Power, S = Security,A=Accountability, M = Monopoly The most important factor for corruption is the administrative factor that provides discriminate power: without checks and balance, other factors are enabling factors. Fred Riggs stated that corruption is a prerequisite of development consequence and cause. In other words corruption leads to development people otherwise employees will not work if they don't get extra money. Ways to Combat Cor-ruption These measures can be categorised as short term & long term measures as discussed below: Short term measu;'es I. Tile need is strength en the anticorruption departments; CVC was set up to be deal with vigilance but unfortunately it is deal ing with procedural way to bandle corruption. Previously it was a single member body dominated by civil servants. Additional charge power to act as Vigilance Officer in various organization to th~ already existing officers. The Chief Vigilance Officer (CVO) is a part of organization in general It outside member is appointed as CYO, then
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America

Sudan, Somalia ----

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No risk • No gain High risk Low gain

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Even in America, Japari, China charges of corruption exists. Strong system does not allow people . to become corrupt. No doubt corruption exists. Yet on minor matters these countries take stringent actions. But in India the machinery dealing with corruption is weak. So the need is to make the legal machinery strong and go for deterrent punishment. 3. Positive reinforcement brings change so honest people should be rewarded. . Administrative Reforms Economic reforms including Public choice aim to curtail the powers of bureaucracy. All steps like RTI, Citizen Charter, on line activities, consumer protections aims to make the system transparent. Further enhancing the accountability through involvement ofSHG strengthening local bodies & civil society is required. It is required to bring time bound citizen plans, citizen charters enhancing redressal mechanism, simplifying rules and procedure. The aim should to direct all reforms which can make tbem proactive. Long term measures to handle corruption As economic prosperity is achieved with justice, equitable distribution of wealth. This reduces the gap between demand and supply. So the long term vision should be to achieve economic prosperity. Secondly inculcating values right from the childhood. It is found that corruption also follows normal distribution curve as shown

Public Administration / 9 SecondARC mentions that self regulation is difficult ~ ~ hence there-Is need for strong regulato body like Press Council of India which is a statutory body with lot of powers to exercise regulation but does not curtail the freedom of press. Print media cannot be allowed to play with national urterest. Media is called as fourth pillar of the nation, so independence of media is as important as independence of Judiciary.

10~!' 20'!!..

Honest people are there is all wake of like, under all situations. But 10% people are corrupt to the core, for them it is very difficult to give up corruption. Ifthere exist deterrent punishments 20% of people will not indulge. Rest 20-10 depend and act as per the external environment ifit is good they don't go for corrupt practices. Rest 40% people don't take initiative themselves but remain indifferent what comes to them they accept.

Civil Society
In terms of dispersal of power the western societies believes that that real democratic values can be achieved if there is dispersal of powers. Concentration of power takes away the ability of self management therefore the State should go for dispersal of power. This will give each en section of society power to manage own affairs. This 8 concept is called pluralism. The state is nothing but .;; ~ association of associations. This is step towards C/) development it is nothing but moving towards .~ development. This view was supported by Riggs, Waldo, U o many others. UNDP == and role and importance &ofWB categorically tomentioned w the Civil Society facilitate dispersal of power. Such type of organization aims to 0. protect certain po . wers 0 f marglOa I' d an d wor k c Ize lor e common cause. Civil Society is a large space between the ~ family and the state. Civil society has a large area, they 'f canpropagare nature, culture etc. and regulate themselves so much so they are not indulged into unlawful activity. « Some Civil Societies have broad interest some of them ~ have narrow interest. It is found that large member of civil ;:) societies are working for broader interest. ~ .. .. '. ~ CIVIl~ocletles are becoming powerful because of the Z following reasons: I. They create .awa:en:ss & educate people. ~ 2 T~oug~ their sC.lentlfic way t~ey cons.tantly hammer U their pomt and influence policy making. Thus they ;:). 0 are l~pO rt an t po li ICYs h apers. w 3. They act as powerfu I too I for protest. There are some of the important social activists who act for national ~ interest. ~ 4. Public accountability is enhanced through Civil Society. 5. Civil Society is very important link between the people and the governments for our democratic setup. Civil Society is a collective word, group of people work for common cause. People try to be member of various groups. These groups are called as interest group. Union, association, all are called interest groups that work with a purpose of maximising the interest of group. In performing their role, civil society perform following three functions I. Interest identification 2 Interest aggregation 3. Interest Articulation After identifying the interest and aggregating them the demands need to be articulated. After creating awareness, putting forth the demands. The interest group through a process of lobbying get their demands and

Role of Media
ledia is very important pillar of development. It is based on social contract between the citizen and the State. In
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this contract the guardian & protector is the media. It guards against.the arbitrary power exercised by .the state. .. .. .:l Media ISve~ Important component of CIvil society. WIth ~ime media IS be~oming very powerful instrum~nt to mculc~ted~ocratlc values, encourage free~om '. It ISnow becomm~an Important f?r~m to re~ress pubI.lc gnevanc.es. It plays Important role In inculcating certain values like sharing information~and in creating public opinion. It is also called as policy shapers the Vernacular Press, J Community Radio etc. penetrates information to every strata of society. Media now acts as protest maker. They conduct sting operations, protest through editorials etc. Investigatingjoumalism is acting as mechanism of creating public opinion. The politicians and bureaucrats neither fear each other but fear the media. It is actina as important to check on the system.

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Critical assessment:
It is found that media itself is corru t. Media itself is having vested interest. Trial conducted by media can influence the judiciary, To what extend sting operations are desirable. 5. In case of electronic media it is observed that it is going for a cultural onslaught in society. 6. !fforeign investment is allowed in print or electronic media. This may interfere the policy making of the nation. Electronic media is not to that extend opinion maker as it isused more tOrentertainment. It is print media which acts as main opinion builder. If foreign investments come in print media it may influence policy making & adversely effect tbe national progress. These factors show that there is need for regulation I. Every press should have a Ombudsman ~ 2. Some moral code of conduct should be formulated, 'well documenteaana followed strictly. Like Press Council of India. I. 2. 3. 4.

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interest represented as well as fulfilled. Lobbying can be set aside. but when pressure is created on the system by Civil Society to act, the system is forced to response. By convincing the power that be & shaping policies the Civil Societies influence the decisionmaking ofthe power that be.

Voluntary Organizations/ Community Based Organization and NGOs
Salient Features of VoluntaryOrganization are: 1. There are voluntary in nature. 2. They are not meant for profit making. 3. They cannot take a political cause. 4. They must be registered, so reveal their intention. S. They must have own constitution of governing the 6. society. If they start getting aid by the government,

Registration:Through registration government comes to know the purpose ofNGOs. 2. Detailed project report have to be submitted by NGOs to the government. 3. Audit Report has to be prepared and certified as well as submitted to the government. 4. Government has to investigate complaints of corruption against NGOs if they come so. Since NGOs are part ofthe society so they have to be governed by law of the land. CAPART (Council for the Advancement & Promotion of Rural Technology) is created to govern those NGO's & other organization involved in the related work of rural technology.

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Citizen's Charters

Background: Sovereign power lies with people. Government ultimate Iv is meant for the people. In the ~ context of New Public Administration, administration must they are .~ be citizen friendly. The concept of good governance also

called as 'NGO' The wordNGOs originated from UN. UN use to fund, ~ aims to make government citizen friendly & citizen-centric. .~ Citizen Charter: This concept originated in USA as provide technical support to varies countries. They ~ reflected in the book 'Re-inventing Government'. It states realised some of the voluntary organization involved in ...social activities lacked funds. So UN started giving them ~ that Citizen should be dealt as customer. This concept funds. The grants by UN was divided to the government <;:; was initiated in UK by John Major & is known as 'Citizens of varies countries and to the voluntary orgamzanon. :J Charters'. In New Zealand it is known as 'Citizen " 0. First' These were termed as NGOs. and in Malaysia as TQM (Total Quality Management). <2 In India this concept originated in 'Ahmednagar Why NGOs are being preferred over bureaucracy .~ Experiment' or Lakhina Pattern in J 979. As a result ofthe 1. NGOs are better instrument for dispersal of powers. c. ltd d . '. .ct experiment the seven POInts program was rorrnu a e an Decen~rahzatJOn.canbe achieved through them. < one agenda was 'time bound action pian'. 2 They mculcate Ideas, educate people, protect the I Time bound action plan means the time taken by the rights of their members, there by reducing the role of ~ government to respond to the people needs. This time mediators so that the members get direct profit. 0 should be notifiedLoLhe people by the government, this They train their~embers. They provi~e. self help, ~ will avoid harassment ofthe people and allow performance self reliance to their members & facilitate self Z appraisal of the officers as well as help to monitor the governance. ~ efficiency of civil servants. 3. Since activities are becoming voluminous in nature ot In 1996 conference of Chief Secretaries and in 1997 government is unable to discharge, so an alternative conference of Chief Ministers were held. player in social & economic activities is needed to 0 National debate on "Responsive and Effective take care of the people. So NGOs are playing ~ Administration" this debate started with the aim to achieve

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supplementary role. ~ responsiveness in administration. Ne~d. ~or citi~ens cha~er, Generally it is believed that NGOs are effective than :;c single window system, easy acce~slblhty of mfo,~a.tIOn bureaucracy because ~ etc. were advocated in that National Debate. CItizen I. The NGOs have committed members who are Charter' concept was demanded by one ofNGO's, Citizen committed to their cause,this is lacking in bureaucracy. Cordination Council floated by a Retired Civil Servant. 2. TIle system ofNGOs are flexible, whereas bureaucratic It is nothing but a promise, a moral, ethical binding of system is highly complex. the government to provide services very clearly indicating 3. The stability ofNGOs are larger as compared to the the standards of services, a time frame for delivery and at bureaucracy. These group of people have better rapport with the people, bureaucracy is always formal, alienated and insensitive. They withdraw from society. 5. Since the NGOs are nearto the people they are directly accountable to the people whereas bureaucracy is indirectly accountable to the government. The grant by government is used for personal benefits. So there is need of some check over them. Balance between freedom & regulation is essential. Government uses few instruments to check over NGO's. They are 4. a given cost, so that the people need not be exploited. The idea is to make people conscious. It is obligatory in the part of the government in case government or . organizations are not able to provide services and if there is demand of bribe then government has to provide the CVO contact number. In case if there is complaint of nonperformance of the government then what is the mechanism of compensation should also be mentioned. This is the basic idea of Citizen's Charter. In other words it -is a process to make administrative system accountable, transparent and make civil servants responsive to the needs of people. It is a process 0 empowering citizens

Public Administration through information and as a matter of right citizens can demand services. All good things have its limitations when it comes to operational level activity and implementation. Since due publicity is not given so people cannot use citizen's charters properly. Secondly it is only a moral obligation, gentleman agreement, so implementation is weak. Bureaucracy gives many reasons for non-performance. At times system incapacitates the officers to perform. Further who would do the monitoring activity. Whatever may be the reason bureaucracy is not committed to implement the citizen's charters. There is no people's participation, standards are not specifically fixed nor enhanced periodically and they are not updated once they are fixed, Limitations exist, but it is a step in the right direction. People are using the information to avail their rights. The need is to make the system effective by proper publicity and by bringing more & more matters under Consumer Protection Act. This willallow people to get compensation. Periodical review of CitizensCharters by independent body should be done as well as they should be updated. Experts should be involve to set standards. Citizen Charters shou ld be made simple so that people can understand the charters and use them. This will make the system accountable and transparent.

/ II

on RTI Promotion Openness & Transparency headed by Late H.D. Shourie and Solisorabjee" advocated the need of Right to Information Act. Right to know is a fundamental requirement for the functioning in democratic set up. The RTI Act 2005 provides for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commission and for matters connected therewith or incidental thereto.

Right to information authorities
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Background: It aims to make citizen conscious of their ~ rights, achieve good governance empower citizens ';;:: through information. Citizens are generally exploited in I 0.. the cloak of secrecy. RTI makes people empowered, :::) reduces the power of bureaucracy & increases the power ~ of citizen. In this way RTI increases accountability in the C) system. Z Some people believe that real RTI is effective under presidential form of governance as there is no instrument ~ to control day to day administration of Congress, whereas in parliamentary form of govemance, it is binding for the Q government to share each and every information relating ~ to day to day administration with the legislature, so there w is no need of RTI. But for citizens, he has right to seek ~ information for himself RTI is as old as 1766 when it was started in Sweden. America adopted it in 1976 under 'Sunshine Act'. Scandavian countries & Australia, Africa, New Zealand adopted in 80's. Many century, Japan started recently. In context of India both officially & non-officially there was pressure to adopt RTIAct.Non-officially MKSS (Majdoor Kisan Shakti.Sangathan) a NGO demanded information relating to particular district in Rajasthan. But the District Collector argued that it is not a public document and refused to share it. The then Chief Minister gave order to DC to share the informations. It slowly become a movement. Press council of India wanted RTI for access to the govemment documents. In V.P. Singh regime also there was demand for RTI. He worked for creating clean administration against corruption & for.creating autonomy. 4>Healso brought RTI but could not implement it as his. government collapsed. In January 1997 a "Working Group

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Subject to the provisions of this Act, all citizens shall have the right to information. (I) Every public authority shall(a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated; The Act is in operation from October 2005 i) the particulars of its organizarion.functions and duties; ii) the powers and duties of its officers and employees; . iii) the procedure followed in the decision marking process, including channels of supervision and accountability; iv) the norms set by it for the discharge of its functions; v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; vi) a statement of the categories of documents that are held by it or under its control; vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as it part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; ix) a directory of its officers and employees; x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; XI) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;

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7.

8.

the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programs: xiii) particulars of recipients of concessions, permits or authorisations granted by it; xiv) details in respect of the information, available to or held by it, reduced in an electronic form; xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; xvi) the names, designations and other particular of the Public Information Officers; xvii) such other information as may be prescribed; and thereafter update these publications every year; (c) publish all relevant facts while formulating important policies or announcing the decisions which affect public; ..~ (d) provide reasons for its administrative or quasijudicial decisions to affected persons. (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language or the area in which the application is being made, accompanying such fee as may be prescribed. (1) the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request, as expeditiously as possible. and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed. Provided that where the information sought for concerns the life or liberty ofa person, the same shall be provided within forty-eight hours of the receipt of the reque.st. . . ... (I) Notwithstanding anythmg contained m this Act, there shall be no obligation to give any citizen,(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; (b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt ofCOUl1; (c) information. the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;' (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; . (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

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(1) information received in confidence from foreign Government; (g) information, the disclosure of which would endanger the life or physical safety of any person or identity the source of information or assistance given in confidence for law enforcement or security purposes; (h) information which would impede the process of investigation or apprehension or prosecution of offenders; (i) cabinet papers including records or deliberations of the Council of Ministers, Secretaries and other officers; G) information whichrelates to personal information the disclosure of which has no relationship to any public activity or interest. States like Bihar, Jharkhand, Arunachal Pradesh, Mizoram have not done well in RTI implementation. Various issue like whether online RTI Act should be implemented, whetberthe Government diplomatic relations should be under RTI Act. Since diplomatic relations are sensitive matters and to get such information Parliament is a better forum. Teething troubles are there but if clarification offunction's is done then the noble objectives can be achieved. Second ARC in its report 'RTI Master Key to Good Governance' gave following suggestions: Secrecy Act: Various acts that does not provide officers to share information like officer Secret Act 1923, Evidence Act 1872 etc., should be relooked .

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under different ~ categories like (!) I. Top Secret Z 2. Confidential They are explained below: ~ 1. Top secret informations are known to one person. U 2. Confidential documents are within the department. ~ 3. Limited circulation not to be shared outside the W organization. 4. Information that can be shared to the people. ~ The need is to reclassify the documents & expand ;:2 the public domain. Constitutional provisions: Various Constitutional provisions likeArticle-74, 75 163 should be relooked. Civil Service Conduct Rule: 'Civil Service Conduct Rule' should be amended as if civil servant share information under this Civil Service Conduct Rule he will be punished. Ifinformation is shared by civil servants for public good then he should be allowed to do so. Moreover modernization of records is needed. Public Authority: Need to have relook on the defination of public authority present issue is that is judiciary also a public authority. Single Window System: There should be single window system at district level. It should be further applied to NGO and private sectors. NeedforCheck: There is 'l,eed to check the habit of people who take informations without any reason or for personal benefits.

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Classification

of Government Documents
classifies documents

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Public Administration Expansion of Public Domain: Proceeding of parliamentary committees, all enquires conducted under Enquiry Committee Act. Action taken on CAG report proceedings and judgements given by the judges should these issues come under RTI. Time limit of 20 years is given to retrieve the information. Stages of Sharing information: At what stage the information be given, whether 'noting on file' should be shared Prime Minister supported it but the civil servants opposed it. The reason is it may create timidity in civil servants to give their opinion. 3. 4. 5. 6. Strengthen participation. local demand and community

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Protecting the interest of people specially the rural people. Encouraging collective decision making. Ultimately developingsocialcapital & human resource.

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Social Audit
It is a very powerful instrument ofpublic accountability. It is total empowerment of citizen leading to direct democracy. I~basically the right of citizen to know what is being done for them. Public should know how public fund is used. Social Aud it is the audit by the people. It is a technique where by people can verify the money spend" objective achieved & thereby measure to what extend there demand fulfilled. This will give voice to stake holders & make administrative system moreaCcOuntable Historically it was used as a inoral obligation. From 1950 we started social audit inNGOs then it was extended to various schemes which has become legally binding now.

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Social Audit empowers citizen ill tile following way: I. In seeking information from the government agencies about income, expenditure. Right to scrutinise all documents of the implementing agencies. Enhancing transparency, people's local development. involvement in

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Free access to budget, documents license etc. H is done at local Panchayat level so it strengthen PRIs. It helps people to have direct access to governmental functions.

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.~ Steps to make it successful & effective: ~ I. Need to clarify goals and purpose.

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Defining performance indicators. ex: 4. Preparing information base by the government. C) Z 5. Convening regular meetings by the -govemment. o 6. Conducting follow up programs. M Objectives of Social Audit Creating a group of people who can publically display ~ 7. I. Assessing physical & financial gap needed & U the findings specially the audit report. ~ available for local development. C 8. By involving women in the process of social audit. 2. Creating awareness among the provider and the w ex: 9. By doing mass campaigning about social audit. beneficiaries of various social services. ~ 10. Regular training of stakeholders. 3. Increasing efficiency & efficacy oflocal development programs, scrutiny of various policy development :::.::: 11. SDM would be given the power to measure the effectiveness of social audit. keeping in view the interest of stake holders, of rural poor & other deprived people. Conclusion or Impact of Social Audit Estimation of cost for getting timely service. I. It has brought a culture of transparency and accountability. Impact I. It will result into community participation in local 2. It has protected rights. planning. 3. It has acted as social Ombudsman. 4. It is a process to find out the misuse of power. 2. It provides training to the local people in development 5. It helps to enhance local government. process.

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Need for defining & identifying stakeholders marginal sections.

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No administrative system can become effective without Accountability & Control. The distinction between Accountability & Control is related to result & procedure. Legislature is the most important organ to make government accountable yet over a period oftime it has become ineffective. Legislative control in practice is being exercised by large number of Committees. Legislature control is actually 'lPt the control, but a process of influencing government policies.

6.

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Departmental Standing Committees over a period oftime have became the most effective instrument to control the administrative system. Executive control is inter departmental control and people do not have faith in this type of control. Executive control over public enterprises criticized for it being unidirectional, arbitrary, fault finding & too generalist in nature. Public enterprises are suffering because of political & administrative interference, resulting into excessivecontrol which is detrimental to smooth functioning.

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141 Public Administration

10. Judicial control over administration is effective yet it has its own limitations. II. Over reaching of judiciary has resulted into creating differences among the organs of the government.

17. A balance has to be maintained between self regulation and external regulation on the role of media. 18. Voluntary organization (NGOs, CBOs) play supplementary and complementary role for providing social service and implementing development program. 19. NGO's are comparatively to be more efficient than bureaucracy. 20. Citizen's charter is a process of empowering citizen to get quality service from the government. 21. RTIis a process of curbing corruption and misuse of the power by government. 22. Social audit is a process of strengthening self governing institution and protecting rights of citizens; ~pecially the deprived section of society.

12. Existing machinery for redress of public grievances is both ineffective & inadequate. 13. Institution like Ombudsman is essential at national level to deal corruption at political level. 14. Corruption is a multidimensional aspect it requires concentrated effort both by the people & administrative machinery to deal with it. 15. Civil society's effectiveness results into effective functioning ofliberal democracy. 16. Media plays important role in protecting rights of citizens and shaping the policies.

-rumTI-

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