UPSC Mains Answer PYQ 2022: Public Administration Paper 2 (Section- B) | Public Administration Optional for UPSC (Notes) PDF Download

Q.5. Answer the following Questions in about 150 words each: (10 x 5=50)

(i) Lateral entry recruitment in government refers to the appointment of professionals from the private sector, non-governmental organizations, or academia directly at middle or senior management positions in the bureaucracy. This is seen as a measure to infuse fresh talent, expertise, and efficiency into the administration, which is usually dominated by career civil servants. However, this has to be examined in the context of Part XIV of the Indian Constitution, which deals with services under the Union and the States.

(ii) Part XIV of the Indian Constitution, particularly Articles 308-323, governs the recruitment, conditions of service, and safeguards for civil servants at the central and state levels. It establishes the Union Public Service Commission (UPSC) and State Public Service Commission (SPSC) as independent constitutional bodies responsible for conducting examinations and selecting candidates based on merit and reservation policies. This is aimed at ensuring a fair, transparent, and competitive recruitment process, free from political influence and favoritism.

(iii) In the context of lateral entry recruitment, there are concerns regarding the potential violation of constitutional provisions, such as Article 14 (equality before the law) and Article 16 (equality of opportunity in public employment). Critics argue that allowing lateral entry bypasses the competitive examination process, and may lead to the appointment of individuals who may not possess the same level of competence, integrity, and commitment as career civil servants. There are also apprehensions about the erosion of the neutrality and impartiality of the civil services, as lateral entrants may be susceptible to influence from their previous employers, political affiliations, or vested interests.

(iv) However, proponents of lateral entry argue that it can bring much-needed domain expertise and innovative practices to the government, thereby improving policy formulation, implementation, and service delivery. For instance, the appointment of experts in fields like technology, finance, health, and education can contribute significantly to evidence-based policymaking and addressing complex challenges in these sectors. Moreover, lateral entry can also help bridge the capacity gaps and address the shortage of skilled personnel in various government departments.

In conclusion, lateral entry recruitment in government must be carefully designed and implemented to balance the objectives of infusing new talent and expertise, while upholding the principles of merit, fairness, and competitiveness enshrined in Part XIV of the Indian Constitution. This could be achieved by adopting a rigorous selection process, involving the UPSC/SPSC, and providing adequate training and induction programs for lateral entrants to ensure their seamless integration into the administrative setup. Additionally, necessary safeguards must be put in place to maintain the neutrality, integrity, and accountability of the civil services.

(b) Examine the role of Securities and Exchange Board of India (SEBI) in protecting the interests of the investors in securities.    (10 Marks)

The Securities and Exchange Board of India (SEBI) is the regulatory authority for the securities market in India, established in 1988 and given statutory powers in 1992 through the SEBI Act. Its primary objective is to protect the interests of investors in securities, promote the development of the securities market, and regulate the market to ensure fair practices. SEBI plays a crucial role in safeguarding the interests of investors through various functions and initiatives.

1. Regulation and supervision: SEBI formulates guidelines and regulations for the functioning of stock exchanges, intermediaries such as brokers, merchant bankers, and underwriters, and mutual funds. This ensures transparency and accountability in the securities market, thereby promoting investor confidence.

2. Investor education: SEBI undertakes various investor awareness and education programs to help investors make informed decisions. It provides information about investment options, rights and responsibilities of investors, and redressal mechanisms available to them.

3. Grievance redressal: SEBI has established the SEBI Complaints Redress System (SCORES), an online platform for investors to lodge complaints against companies and intermediaries. It ensures speedy redressal of investor grievances by monitoring and tracking the resolution process.

4. Insider trading and market manipulation: SEBI monitors trading activities to prevent insider trading and market manipulation. It takes strict action against those found guilty of these malpractices, ensuring a level playing field for all investors.

5. Corporate governance: SEBI has laid down guidelines for corporate governance, which require companies to maintain transparency and disclose relevant information to investors. This helps investors make informed decisions and promotes their trust in the market.

6. Risk management: SEBI mandates risk management systems for market participants, ensuring that investors are protected from potential losses due to market volatility or counterparty defaults.
One example of SEBI's role in protecting investor interests is the case of Satyam Computer Services Limited in 2009. SEBI took immediate action to investigate the financial fraud committed by the company's top management, barred the promoters from trading, and facilitated a transparent bidding process for a new promoter. This quick intervention protected the interests of thousands of investors and restored confidence in the market.

In conclusion, SEBI plays a pivotal role in protecting the interests of investors in securities by ensuring transparent, fair, and efficient functioning of the market. Its regulatory framework, investor education initiatives, and proactive enforcement actions contribute to creating a secure environment for investments, thereby promoting the growth of the securities market in India.

(c) Citizens charters in India have not succeeded in their objectives in making administrative system citizen centric. Do you agree? Give reasons.    (10 Marks)

I partially agree that citizens charters in India have not entirely succeeded in their objectives in making the administrative system citizen-centric. While the concept of citizens charters was introduced with the intention of making public services more efficient, transparent, and accountable, several challenges have impeded its successful implementation.

1. Lack of Awareness: A major reason behind the limited success of citizens charters in India is the lack of awareness among the masses. Many citizens are unaware of the existence of such charters and their provisions, which renders them ineffective.

2. Bureaucratic Resistance: Implementation of citizens charters requires significant changes in the existing administrative system. However, bureaucracy often resists such changes as it might lead to a reduction in their discretionary powers and increased accountability.

3. Incomplete Information: Many citizens charters do not provide comprehensive information on the services provided, the processes involved, and the time frame for service delivery. This makes it difficult for citizens to hold the administration accountable for lapses in service delivery.

4. Absence of Grievance Redressal Mechanism: A robust grievance redressal mechanism is essential for the effective functioning of citizens charters. However, most charters in India lack such a mechanism, which hampers their ability to resolve citizens' grievances.

5. Lack of Monitoring and Evaluation: There is no systematic mechanism to monitor the implementation of citizens charters and evaluate their impact on service delivery. This leads to a lack of accountability and weakens the effectiveness of citizens charters.
Despite these challenges, there have been some successful examples, such as the Passport Seva Kendras, which have streamlined passport services and made them more citizen-friendly. Also, the Right to Public Services legislation adopted by several states has incorporated elements of citizens charters, thus ensuring better service delivery and enhanced accountability.

In conclusion, while the citizens charters in India have not fully achieved their objectives, they have the potential to bring about significant improvements in the administrative system if implemented effectively. Greater awareness, political will, and improved monitoring and evaluation mechanisms can ensure that these charters become a powerful tool in making the administration more citizen-centric.

(d) Following the onset of globalisation, the traditional bureaucratic model appears to have lost its significance. Comment.    (10 Marks)

Globalisation has brought about a massive transformation in the way the world functions, including the way governments operate. The traditional bureaucratic model, characterized by a hierarchical structure, strict division of labor, and rule-based decision-making, seems to have lost its significance in the faces of rapidly changing political, economic, and social environments.

The following reasons explain the diminishing significance of the traditional bureaucratic model in the globalised era:

1. Need for flexibility and adaptability: Globalisation has resulted in a more interconnected and dynamic world. Traditional bureaucratic structures, being rigid and rule-based, fail to adapt to the rapidly changing circumstances. Governments are increasingly shifting towards more adaptable and flexible models of public administration, such as the New Public Management approach.

2. Focus on efficiency and performance: The globalised era has increased the competition among nations for resources, investments, and markets. Governments are under greater pressure to deliver more efficient and effective public services. The traditional bureaucratic model, with its emphasis on rules and procedures, often results in red tape and inefficiency. Alternative models, such as performance-based management systems, are being adopted to enhance administrative efficiency.

3. Demand for greater accountability and transparency: With the rise of globalisation, there is an increased awareness and demand for greater accountability and transparency in governance. The traditional bureaucratic model, with its closed and hierarchical structure, does not encourage open and transparent decision-making. Governments are transitioning towards more open models of governance, such as e-governance and open data initiatives.

4. Decentralization and local governance: Globalisation has led to the growing importance of local governments in addressing issues at the grassroots level. The traditional bureaucratic model, with its top-down approach, is not conducive to the empowerment of local governments. Decentralization and participatory governance models are being adopted to ensure more inclusive and responsive governance.

5. Emergence of multi-actor governance: The globalised era has seen the rise of non-state actors, such as multinational corporations, non-governmental organizations, and civil society, playing an increasingly critical role in governance. The traditional bureaucratic model, with its state-centric focus, is unable to effectively engage and collaborate with these multiple stakeholders. New governance models, such as network governance, are being employed to facilitate better coordination and cooperation among various actors.

In conclusion, the traditional bureaucratic model has indeed lost much of its significance in the age of globalisation. Governments are shifting towards more flexible, efficient, transparent, and collaborative models of public administration to address the multifaceted challenges posed by an increasingly interconnected and dynamic world.

(e) “The financial suitability of the Urban local bodies can become a reality only when they receive their due share of public finances.” Explain.    (10 Marks)

The financial suitability of Urban Local Bodies (ULBs) is critical for their effective functioning and the provision of basic services to the growing urban population. In many countries, including India, ULBs often struggle to generate adequate revenue, resulting in poor service delivery and infrastructure development. One of the primary reasons for their financial inadequacy is the lack of their due share of public finances.
Public finance refers to the revenue and expenditure of governments at various levels, including central, state, and local. The distribution of public finances among these levels is crucial to ensure financial sustainability and autonomy for ULBs. As per the 74th Constitutional Amendment Act in India, ULBs are entitled to a certain share of revenue generated by the state government through various taxes, duties, and grants. However, in practice, ULBs often do not receive their due share, thus affecting their financial suitability.

To make ULBs financially sustainable, it is essential to ensure that they receive their due share of public finances. This can be achieved through several measures:

1. Strengthening fiscal federalism: The relationship between the central, state, and local governments should be strengthened to ensure that the revenue sharing arrangements are transparent, predictable, and equitable. This would enable ULBs to receive their due share of public finances as mandated by the constitution.

2. Enhancing own-source revenue generation: ULBs should be encouraged and empowered to generate their revenue by expanding their tax base, improving tax collection efficiency, and levying user charges for the services they provide. This would reduce their dependence on higher levels of government for financial support.

3. Capacity building: ULBs often lack the technical and managerial capacities to manage their finances effectively. Capacity building programs should be implemented to train ULB officials in financial management, budgeting, and revenue generation.

4. Performance-based grants: The allocation of public finances should be linked to the performance of ULBs in terms of revenue generation, service delivery, and governance. This would incentivize ULBs to improve their performance and ensure better utilization of public finances.

In conclusion, the financial suitability of ULBs can become a reality only when they receive their due share of public finances. This requires a combination of measures, including strengthening fiscal federalism, enhancing own-source revenue generation, capacity building, and performance-based grants. Such measures would enable ULBs to provide better services and infrastructure to the urban population, thus contributing to overall urban development and improved quality of life.

Q.6.(a) The recommendations of National Finance Commissions are more norms based than the need based. In the light of this statement analyse the terms of references of 15th National Finance Commission.    (20 Marks)

The 15th National Finance Commission (NFC) has been constituted to review the financial position of the Indian states and recommend the devolution of resources from the central government to the states. Its terms of reference (ToR) are significant because they determine the principles and criteria for distribution of resources between the central and state governments. The statement in the question suggests that the recommendations of the NFCs are more norms-based than need-based. This means that the recommendations are more focused on following established principles and criteria rather than assessing the specific needs of different states.

To analyse the ToR of the 15th NFC in the light of this statement, we need to examine the key components of the ToR and identify whether they are more norms-based or need-based:

1. Devolution of resources: The 15th NFC has been asked to review the devolution of resources from the central government to the states based on the population data of the 2011 Census. This represents a shift from the 14th NFC, which had used population data from the 1971 Census. This change has been criticized by some states, who argue that it penalizes them for their success in controlling population growth. This suggests that the ToR is more norms-based, as it follows a uniform principle of using the latest population data rather than considering the specific needs and achievements of different states.

2. Grants-in-aid: The 15th NFC has been asked to recommend grants-in-aid to the states, including revenue-deficit grants and sector-specific grants. The ToR mentions that the distribution of these grants should be based on the principles of efficiency, equity, and sustainability. While these principles are generally considered desirable, they can be seen as norms-based because they do not explicitly take into account the specific needs of different states. For example, a state with a high level of development may require different types of grants than a state with a low level of development.

3. Fiscal management: The 15th NFC has been asked to consider the impact of the Goods and Services Tax (GST) on the finances of the central and state governments and recommend measures to ensure fiscal stability. This suggests a more need-based approach, as it acknowledges the specific challenges posed by the introduction of the GST and aims to address them. However, the ToR also mentions that the recommendations should be in line with the Fiscal Responsibility and Budget Management (FRBM) Act, which can be seen as a norms-based requirement.

4. Performance-based incentives: The 15th NFC has been asked to recommend performance-based incentives for states in areas such as power sector reforms, ease of doing business, and implementation of flagship central government schemes. This can be seen as a mix of both norms-based and need-based approaches. On one hand, it encourages states to follow best practices and improve their performance. On the other hand, it recognizes that different states may have different needs and priorities, and therefore allows for some flexibility in the choice of areas for incentives.

Overall, the ToR of the 15th National Finance Commission can be seen as a combination of both norms-based and need-based approaches. While some aspects, such as the use of population data and the principles for distribution of grants, are more norms-based, other aspects, such as the consideration of GST impact and performance-based incentives, are more need-based. In order to ensure a more balanced and equitable distribution of resources, it may be necessary for future NFCs to place a greater emphasis on the specific needs and priorities of different states.

(b) “The objective of Mission Karmyogi is to enhance capacity building of Indian Civil Servants and improve governance.” Discuss.    (20 Marks)

Mission Karmayogi is a comprehensive capacity-building program launched by the Indian government in September 2020 to reform and enhance the efficiency of the Indian Civil Services. The primary objective of Mission Karmayogi is to provide a continuous learning platform for civil servants, enabling them to develop their domain expertise, functional skills, and leadership capabilities. This, in turn, will help improve governance and contribute to the overall development of the nation.

The following points discuss the significance of Mission Karmayogi in the context of the UPSC Public Administration optionals with examples:

1. Emphasis on competency-based training: Mission Karmayogi focuses on developing functional and behavioral competencies in civil servants through a systematic and continuous learning approach. This is in line with the UPSC Public Administration's emphasis on the importance of efficient administration and professional development. For instance, a civil servant working in the health sector will be provided with training in health policy, program implementation, and monitoring, ensuring that they are equipped with the necessary skills to effectively perform their duties.

2. Customized learning pathways: Mission Karmayogi offers personalized learning pathways to civil servants based on their job requirements and career progression. This helps in bridging the gap between their current skills and the skills required for their job, ensuring better performance and improved service delivery. This aspect correlates with the UPSC Public Administration's focus on the importance of specialized training for civil servants, depending on their area of expertise.

3. Holistic development of civil servants: Mission Karmayogi aims to develop civil servants' leadership qualities, emotional intelligence, and ethical values. This aligns with the UPSC Public Administration's emphasis on the significance of ethics and values in public administration. For example, training modules under Mission Karmayogi will focus on the principles of integrity, empathy, and accountability, helping civil servants make ethical decisions in their professional lives.

4. Improved performance evaluation: Mission Karmayogi introduces a new performance evaluation system based on the achievement of specific outcomes and key performance indicators (KPIs). This approach is consistent with the UPSC Public Administration's focus on result-oriented administration and the importance of performance evaluation in ensuring efficient public service delivery. For example, a civil servant working in the education sector will be evaluated based on their contribution to increasing enrollment rates, reducing dropout rates, and improving learning outcomes.

5. Collaboration with global institutions: Mission Karmayogi involves collaboration with leading international institutions to provide world-class training and learning resources. This is in line with the UPSC Public Administration's emphasis on the importance of learning from global best practices to enhance administrative efficiency in India. For instance, partnerships with institutions like the World Bank, the United Nations, and other international organizations will help Indian civil servants gain exposure to global administrative practices and innovative solutions.

In conclusion, Mission Karmayogi is a significant step towards enhancing the capacity building of Indian civil servants and improving governance. The program's focus on competency-based training, continuous learning, and performance evaluation aligns with the UPSC Public Administration's emphasis on professional development, ethics, and result-oriented administration. By equipping civil servants with the necessary skills and knowledge, Mission Karmayogi aims to create a future-ready bureaucracy capable of meeting the evolving needs of the nation.

(c) Parliamentary control over administration is no substitute for judicial control. Comment.    (10 Marks)

Parliamentary control over administration refers to the oversight and scrutiny exercised by the legislative branch of government over the activities of the executive branch. This is done by various means such as parliamentary committees, question hour, debates, and discussions. On the other hand, judicial control refers to the role of the judiciary in reviewing the actions of the executive branch to ensure that they are in compliance with the law and the constitution.

While both parliamentary and judicial control are essential for ensuring the accountability of the executive branch, they serve different purposes and have their own limitations. Therefore, parliamentary control over administration is no substitute for judicial control.

(i) Firstly, the scope of parliamentary control is limited to ensuring political accountability, while judicial control involves examining the legality and constitutionality of administrative actions. The judiciary has the power to declare an administrative action illegal, unconstitutional, or ultra vires if it violates the law or the constitution. Parliamentary control, however, is focused more on the policy aspects and the broader functioning of the executive branch.
For example, suppose the government introduces a policy that is unpopular among the public. In that case, parliamentarians can raise the issue during question hour and debates, putting pressure on the government to reconsider the policy. However, only the judiciary can declare the policy unconstitutional if it violates fundamental rights or other provisions of the constitution.

(ii) Secondly, parliamentary control may be affected by partisan politics, as the majority party or coalition may be hesitant to scrutinize the actions of its own government. This can reduce the effectiveness of parliamentary control. Judicial control, on the other hand, is supposed to be independent of political considerations and is based on the principles of law and justice.
For instance, the Rafale deal controversy in India was extensively debated in Parliament. However, the majority party defended the government's decision, and there were allegations of partisan politics influencing the scrutiny. The case was eventually taken up by the Supreme Court, which examined the matter based on legal principles and gave its judgment.

(iii) Furthermore, the judiciary can provide relief and redress to affected individuals through judicial review, while parliamentary control cannot directly address individual grievances. Courts can issue orders or directions to the administration to correct their actions, provide compensation, or even punish erring officials in certain cases.
For example, in the case of illegal detention or violation of fundamental rights, an individual can approach the court for relief, while parliamentary control may not directly address such individual cases.

(iv) Lastly, judicial control is a continuous process, while parliamentary control is subject to the schedule of parliamentary sessions and may not always be available when needed. Courts function throughout the year and can entertain cases as they arise, while parliamentary control is limited to the time when the parliament is in session.

In conclusion, while parliamentary control over administration is crucial for maintaining political accountability and ensuring that the administration follows the broad policy directions set by the government, it cannot substitute the role of the judiciary in ensuring the legality and constitutionality of administrative actions. Both forms of control are complementary and essential for a robust system of checks and balances in a democratic setup.

Q.7.(a) In India, for the upliftment of majority of people, governmental intervention remains a central fact of life. Nevertheless, the effective implementation of policies depends on the ethical values of Public Servants. Discuss.    (20 Marks)

Government intervention in India plays a crucial role in uplifting the majority of the population, especially those belonging to marginalized and economically weaker sections. The government formulates various policies, schemes, and programs aimed at alleviating poverty, promoting education, healthcare, and ensuring social justice. However, the success of these initiatives largely depends on the ethical values of public servants responsible for their implementation.

Ethics in public administration refers to the moral principles and values that guide the behavior and decision-making of public servants. These values include honesty, integrity, transparency, accountability, impartiality, and dedication to public service. Public servants, as the key link between the government and the citizens, have the responsibility to uphold these values while implementing policies and programs.

The role of ethical values in public administration can be discussed under the following points:

1. Ensuring Fairness and Equity: Public servants must adhere to the principles of fairness and equity while executing government policies. This ensures that the benefits of these policies reach the intended beneficiaries without any discrimination based on caste, religion, gender, or socio-economic status. For example, the implementation of reservation policies in education and employment requires public servants to follow the principles of social justice and ensure that the benefits reach the deserving candidates.

2. Transparency and Accountability: Ethical public servants ensure transparency and accountability in the implementation of policies by providing timely and accurate information to the public, avoiding corruption, and holding themselves responsible for their actions. For example, the implementation of the Right to Information Act (RTI) requires public servants to disclose information about government policies, programs, and expenditures to the public, thereby promoting transparency and accountability.

3. Reducing Corruption: Corruption is a major hindrance to the effective implementation of policies in India. Ethical public servants, by upholding the values of honesty and integrity, can play a critical role in reducing corruption and ensuring that the intended benefits of the policies reach the needy. For instance, the implementation of Direct Benefit Transfer (DBT) schemes requires public servants to ensure that the subsidies and benefits are directly transferred to the beneficiaries' bank accounts, thereby reducing the scope for corruption.

4. Citizen-centric Approach: Public servants with strong ethical values focus on the needs and aspirations of the citizens while formulating and implementing policies. This citizen-centric approach ensures that the policies are effective, responsive, and cater to the diverse needs of the population. For example, the implementation of the Swachh Bharat Abhiyan (Clean India Mission) requires public servants to involve local communities and citizens in the planning and execution of cleanliness drives, thereby promoting a sense of ownership and responsibility among the citizens.

5. Upholding the Rule of Law: Ethical public servants are committed to upholding the rule of law and ensuring that their actions are in compliance with the legal framework. This fosters a sense of trust and confidence in the government among the citizens. For instance, the implementation of the National Register of Citizens (NRC) in Assam requires public servants to ensure that the process is carried out in a fair and transparent manner, adhering to the legal provisions and safeguarding the fundamental rights of the citizens.

In conclusion, ethical values in public administration are crucial for the effective implementation of government policies and programs aimed at uplifting the majority of the population in India. Public servants, by adhering to these values, can ensure transparency, accountability, and fairness in the execution of policies and contribute significantly to the overall welfare and development of the nation.

(b) Comptroller and Auditor General (CAG) is today a primary cause of widespread and paralysing unwillingness on the part of government institutions to decide and act. Discuss.    (20 Marks)

The Comptroller and Auditor General (CAG) of India is a constitutional body responsible for auditing the accounts and financial transactions of the government and its institutions. The primary objective of CAG is to ensure transparency, accountability, and efficiency in the use of public funds. Over the years, the role of CAG has evolved significantly, and it has started scrutinizing various policy decisions and their implementation more closely. While the increased vigilance of CAG has helped in identifying mismanagement of public funds, it has also led to a widespread and paralyzing unwillingness on the part of government institutions to decide and act. This essay will discuss this issue with reference to the UPSC Public Administration optionals and provide examples to substantiate the argument.

(i) Firstly, the fear of being audited and criticized by CAG has made government officials risk-averse. This has led to a culture of indecision and inaction in the government machinery. Officials are hesitant to take innovative or bold decisions, fearing that they might be questioned by the CAG later. This has adversely affected the pace of development and governance in the country. For example, the 2G spectrum allocation case, where CAG estimated a loss of around 1.76 lakh crore to the exchequer, led to a policy paralysis in the telecom sector, and officials became cautious in taking decisions related to spectrum allocation.

(ii) Secondly, the increased scrutiny of CAG has led to a focus on procedural compliance rather than outcome-based performance evaluation. Government institutions, in their bid to avoid any adverse remarks from CAG, tend to focus more on adhering to rules and regulations than on achieving the desired outcomes. This has resulted in a tick-box approach to governance, where the focus is on fulfilling procedural requirements rather than solving the actual problem at hand. For instance, the CAG report on the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) pointed out several procedural irregularities, which led to a greater emphasis on compliance rather than on the actual delivery of employment and asset creation under the scheme.

(iii) Thirdly, the fear of CAG's scrutiny has led to a decline in public-private partnerships (PPPs) in infrastructure projects. The private sector is wary of entering into joint ventures with the government due to the possibility of being audited by CAG, which they perceive as intrusive and detrimental to their interests. This has affected India's infrastructure development, as many crucial projects have been stalled or delayed due to the unavailability of private sector partners. For example, the CAG's audit of the Delhi Airport Metro Express project, which was a PPP initiative, led to a prolonged dispute between the government and the private partner, causing delays in the project.

(iv) Lastly, the CAG's critical reports on various government schemes and projects have often led to a blame game between the bureaucracy and the political executive. This has created an atmosphere of mistrust and suspicion, further exacerbating the problem of policy paralysis in the government machinery.

In conclusion, while the Comptroller and Auditor General plays a vital role in ensuring transparency and accountability in the government's financial matters, its increased scrutiny has had some unintended consequences on the decision-making and functioning of government institutions. To address this issue, there is a need to strike a balance between ensuring accountability and promoting an enabling environment for decision-making and risk-taking. This can be achieved by focusing on outcome-based performance evaluation, promoting a culture of learning from mistakes, and fostering a more collaborative relationship between the CAG and the government machinery.

(c) Do you think that the new localism relegate the spirit of 74th Constitutional Amendment Act, 1992 ?    (10 Marks)

The 74th Constitutional Amendment Act, 1992, was a significant step towards decentralization of power and promotion of local governance through urban local bodies (ULBs) in India. The new localism, on the other hand, is an evolving concept that emphasizes more localized governance, decision-making, and service provision, tailored to the specific needs and aspirations of communities.

While both the 74th Amendment and the new localism share the common goal of empowering local governments, the new localism goes beyond the constitutional provisions in certain aspects. The following points highlight the differences between the two:

1. Autonomy: The 74th Amendment provides a framework for the functioning of ULBs, including their composition, functions, and powers. However, it still leaves considerable discretion to state governments in terms of enacting legislation and determining the degree of autonomy granted to local bodies. The new localism, on the other hand, emphasizes greater autonomy for communities, allowing them to take charge of their development and decision-making processes.
For example, the state of Kerala successfully implemented the People's Plan Campaign in the late 1990s, giving local communities more control over planning and budgeting, which resulted in more efficient and targeted use of resources.

2. Citizen Participation: The 74th Amendment mandates the establishment of ward committees for ensuring people's participation in local governance. However, the implementation of this provision has been inconsistent across states, and citizen participation remains limited in many cases. The new localism encourages more active engagement of citizens in the decision-making process, using tools like participatory budgeting and community-led initiatives.
For example, the city of Pune in Maharashtra has experimented with participatory budgeting, allowing citizens to directly propose and prioritize projects for their neighborhoods.

3. Innovation and Flexibility: While the 74th Amendment assigns specific functions and responsibilities to ULBs, the new localism encourages local governments to be more innovative and adaptive in their approaches to problem-solving. This could involve experimenting with new service delivery models, leveraging technology, or forging partnerships with the private sector and civil society organizations.
For example, the city of Surat in Gujarat has adopted innovative approaches to solid waste management, involving the private sector and NGOs in door-to-door garbage collection and recycling initiatives.

In conclusion, while the 74th Constitutional Amendment Act, 1992, laid the foundation for decentralized urban governance in India, the new localism goes a step further in promoting autonomy, citizen participation, and innovation at the local level. The new localism does not necessarily relegate the spirit of the 74th Amendment but rather builds upon it to create more responsive and effective local governance structures.

Q.8.(a) The main objective of Panchayats (Extension to Scheduled Areas) Act, 1996 is to enable tribal society to assume control over their livelihoods and traditional rights. Critically examine the implementation of the Act.    (20 Marks)

The Panchayats (Extension to Scheduled Areas) Act, 1996, also known as the PESA Act, was enacted with the primary objective of empowering the tribal population residing in the Scheduled Areas of India. The Act aimed to extend the provisions of the 73rd Constitutional Amendment, which provided for the establishment of a three-tier Panchayati Raj system in the country, to the Scheduled Areas. The main aim of the PESA Act was to enable tribal communities to assume control over their traditional rights, livelihoods, and resources, and to ensure their participation in the decision-making process of local governance.

However, the implementation of the PESA Act has been fraught with several challenges, which have limited its effectiveness in empowering the tribal population. Some of the critical issues in the implementation of the Act are as follows:

1. Lack of Awareness: One of the major challenges in the implementation of the PESA Act is the lack of awareness about its provisions among the tribal population. Many tribal communities are either not aware of their rights under the Act or are unable to assert them due to their limited understanding of the legal and administrative processes.

2. Bureaucratic Resistance: The implementation of the PESA Act has been hampered by bureaucratic resistance at various levels. Many state governments have not framed the necessary rules for the implementation of the Act, resulting in its provisions not being effectively enforced. Moreover, there have been reports of officials at the district and block levels resisting the decentralization of powers to the tribal communities.

3. Financial Constraints: The PESA Act requires the state governments to devolve adequate financial resources to the Gram Panchayats in the Scheduled Areas. However, many state governments have been unable to do so due to financial constraints, which has affected the functioning of the local governance institutions in these areas.

4. Overlapping Jurisdiction: The PESA Act mandates that the Gram Sabha should be the primary decision-making body in the Scheduled Areas. However, there is often an overlap of jurisdiction between the Gram Sabha and other local governance institutions, such as the Panchayat Samiti and the Zilla Parishad. This has led to confusion and disputes over the allocation of powers and responsibilities among these institutions.

5. Dilution of PESA Provisions: Some state governments have diluted the provisions of the PESA Act by not adequately devolving powers to the Gram Sabha or by framing rules that are inconsistent with the spirit of the Act. For instance, in some states, the powers of the Gram Sabha have been limited to consultation and not decision-making, which goes against the core objective of the Act.

6. Marginalization of Tribal Communities: Despite the PESA Act's objective of empowering tribal communities, there have been instances where the interests of these communities have been compromised in favor of other stakeholders, such as private companies and non-tribal settlers. This has led to the alienation of tribal communities and has further eroded their faith in the democratic process.

In conclusion, the PESA Act has the potential to be a transformative legislation that can empower the tribal population and enable them to assume control over their livelihoods and traditional rights. However, its effective implementation remains a challenge due to various issues, such as lack of awareness, bureaucratic resistance, financial constraints, and dilution of provisions by state governments. To address these challenges, there is a need for greater political will, increased financial support, and capacity building among the tribal communities, as well as a genuine commitment to the spirit of the PESA Act.

(b) The effectiveness of law and order administration depends on cooperative attitudes of people towards police, than bringing reforms in the structure and procedures of law and order machinery. Do you agree ? Give reasons.    (20 Marks)

Yes, I agree that the effectiveness of law and order administration depends more on cooperative attitudes of people towards the police than on bringing reforms in the structure and procedures of law and order machinery. However, it is important to note that both factors are crucial in ensuring an efficient law and order administration. Here are some reasons why cooperative attitudes are essential:

1. Public trust and confidence: The effectiveness of law enforcement agencies depends largely on the public's trust and confidence in them. When people have a positive attitude towards the police, they are more likely to report crimes, provide information, and cooperate with investigations. This, in turn, helps the police to solve cases more efficiently and effectively.

2. Community policing: A cooperative attitude between the public and the police also fosters community policing, which involves collaboration between the police and the community to identify and solve problems related to crime and disorder. This approach has been proven to be more effective in controlling crime than traditional law enforcement methods, as it encourages people to take responsibility for their own safety and security.

3. Reducing crime rates: When people trust and cooperate with the police, they are more likely to follow the law and encourage others to do the same. This leads to a reduction in crime rates and a safer environment for everyone.

4. Better resource allocation: A cooperative attitude between the public and the police allows for better resource allocation, as the police can focus on the most pressing issues and challenges facing the community. This ensures that limited resources are used more effectively and efficiently.

However, it is important to recognize that structural and procedural reforms in law and order machinery are also necessary. These reforms can help in improving the overall effectiveness of law enforcement agencies by:

1. Enhancing transparency and accountability: Reforms that increase transparency, such as the implementation of body cameras for police officers, can help to build public trust and confidence in law enforcement agencies.

2. Improving training and capacity building: Structural reforms that focus on improving the training and capacity building of law enforcement personnel can help to ensure that they are well-equipped to handle the challenges of modern policing. This can include training in areas such as community engagement, conflict resolution, and the use of technology in law enforcement.

3. Streamlining processes and procedures: Reforms that focus on streamlining processes and procedures within law enforcement agencies can help to improve their efficiency and effectiveness. For example, the implementation of technology and data-driven approaches can help to improve decision-making and resource allocation.

In conclusion, while cooperative attitudes of people towards the police are crucial for effective law and order administration, it is also essential to bring about reforms in the structure and procedures of law and order machinery. Both factors must be considered and addressed to ensure a robust and efficient law enforcement system.

(c) Examine the role of Lokpal in ensuring transparency and accountability in Indian administration.    (10 Marks)

The Lokpal is an anti-corruption institution in India that plays a significant role in ensuring transparency and accountability in the Indian administration. It is an independent body that has the authority to investigate and prosecute cases of corruption against public servants, including politicians and bureaucrats. The concept of Lokpal was first introduced in the early 1960s but became a reality in 2013 with the passage of the Lokpal and Lokayuktas Act, 2013.

The role of the Lokpal in ensuring transparency and accountability in Indian administration can be examined under the following points:

1. Investigating Corruption Cases: The primary role of the Lokpal is to investigate cases of corruption against public servants, including the Prime Minister, Union Ministers, Members of Parliament, and high-level bureaucrats. This helps in ensuring that corrupt officials are held accountable for their actions and face the consequences, thereby promoting transparency in the Indian administration.

2. Prosecuting Offenders: Lokpal has the power to prosecute the corrupt officials after conducting a thorough investigation into the allegations. This not only punishes the guilty but also acts as a deterrent to others, thereby promoting accountability and transparency in the administration.

3. Whistleblower Protection: Lokpal provides protection to whistleblowers who expose corruption and other wrongdoings in the administration. This enables citizens and public servants to report instances of corruption without fear of retaliation or harassment, which further fosters transparency and accountability.

4. Independent Functioning: Lokpal is an independent institution that is not under the control of the government. This ensures impartiality and fairness in its functioning, which is crucial for promoting transparency and accountability in the administration.

5. Monitoring Public Grievances: Lokpal also has the responsibility to address public grievances against administrative decisions or actions, including corruption allegations. This ensures that the administration remains accountable to the people and promotes transparency in its functioning.

6. Time-bound Investigations: The Lokpal Act mandates that all corruption cases must be investigated and completed within a specific time frame. This ensures that cases are not delayed, and justice is delivered swiftly, thereby promoting transparency and accountability in the administration.

However, the effectiveness of Lokpal in ensuring transparency and accountability in Indian administration has been a matter of debate. Some of the limitations include:

1. Lack of Awareness: Many people are still unaware of the role and functions of the Lokpal. This limits its effectiveness in ensuring transparency and accountability in the Indian administration.

2. Delays in Appointments: The appointment of the Lokpal and its members has been delayed on several occasions, which has hampered its functioning and effectiveness.

3. Limited Jurisdiction: Lokpal does not have jurisdiction over state governments, which means that it cannot investigate corruption cases at the state level. This limits its role in ensuring transparency and accountability in the Indian administration.

In conclusion, the Lokpal plays a significant role in ensuring transparency and accountability in Indian administration by investigating and prosecuting cases of corruption, protecting whistleblowers, and addressing public grievances. However, its effectiveness is limited by several factors, such as lack of awareness, delays in appointments, and limited jurisdiction. To strengthen the role of Lokpal in promoting transparency and accountability, it is essential to address these limitations and ensure its smooth functioning.