Administrative System of Chhattisgarh | Chhattisgarh State PSC (CGPSC) Preparation: All subjects - CGPSC (Chhattisgarh) PDF Download

Introduction

• The Governor of Chhattisgarh, appointed by the President of India on the recommendation of the Central government, holds a predominantly ceremonial position.
• The Chief Minister serves as the head of government and wields the majority of executive authority.
• Chhattisgarh's capital is Raipur, where the Chhattisgarh Vidhan Sabha (Legislative Assembly) and the state secretariat are situated.
• The Chhattisgarh High Court, situated in Bilaspur, holds jurisdiction over the entire state.

Country's Administration Division

• The governance structure of India is divided into two main spheres: the Union administration, which is national in scope, and the administration of the States.
• The Union handles subjects listed in List 1 of the Seventh Schedule of the Constitution, while the States manage subjects listed in List 2.
• List 3 comprises the Concurrent list, where both the Union and the States can legislate and administer, with Union laws prevailing over State laws on these matters.

Chhattisgarh State Administration

• The administration of Chhattisgarh State focuses on matters that are more effectively managed at a closer level and contribute significantly to the welfare and progress of its people.
• Areas like police, jails, land tenure, revenue, and local government are examples of issues easier to address locally. On the other hand, sectors like agriculture, animal husbandry, health, and social welfare are crucial for development.

Taxation and Revenue Collection in Chhattisgarh State

• Chhattisgarh State is responsible for levying, collecting, and utilizing taxes on various sources such as agricultural income, estate and succession duties related to agricultural land, land and property taxes, electricity duties, vehicle and professional taxes, etc.
• Some taxes like octroi and property tax are delegated to local bodies for collection under the State government's supervision through specific legislation.

Concurrent List and Shared Responsibilities

• Subjects in the Concurrent list allow both the Union and Chhattisgarh State to legislate and manage issues of special economic and legal significance that impact social and economic planning.
• Matters such as transfer of property, contracts excluding agricultural land, population control, family planning, trade unions, industrial labor, employment, unemployment, civil and criminal laws, education, forests, and wildlife protection fall under this shared jurisdiction.
• Recent transfers like education, forests, and wildlife protection from State to Concurrent list highlight the growing national interest in these areas.

Legislative Powers of the Union and State Governments

• The powers of the Union government and state governments are directly derived from the Constitution, which outlines a three-fold sharing of legislative powers between the Union and the states.
• According to Article 246 of the Constitution, there are three lists that categorize legislative subjects: the Union List, State List, and Concurrent List.
• The Union List (List I) includes subjects over which the Union holds exclusive legislative powers.
• Similarly, the State List (List II) comprises subjects over which the state possesses exclusive legislative authority.
• The Concurrent List (List III) covers subjects on which both the Union and states can legislate.
• Residual powers not specified in any list are vested in the Union government.

Role of the Governor in Chhattisgarh

• Our Constitution establishes a Parliamentary form of government at both the Union and state levels. The Governor serves as the Constitutional head of the state and acts on the advice of the Council of Ministers, which is led by the Chief Minister. 
• The President appoints the Governor for a five-year term, and the Governor remains in office at the President's pleasure. A Governor may be reappointed after their term, either in the same state or in a different one.
• According to the Constitution, the Governor holds several executive, legislative, judicial, and emergency powers. For example, the Governor appoints the Chief Minister, who then advises on the formation of the Council of Ministers. 
• The Governor is also responsible for appointing other key officials, such as members of the State Public Service Commission, the Advocate General, and senior civil servants. The entire executive functioning of the state is carried out in the Governor's name.
• The Governor is also a part of the State Legislature and has the authority to address, send messages to, summon, prorogue, and dissolve the Lower House of the State Legislature. Before any bill passed by the Legislature can become law, it must receive the Governor's assent. The Governor has the power to withhold assent and return the bill for reconsideration. 
• If the bill is passed again, with or without changes, the Governor must provide assent. Additionally, the Governor can reserve any bill passed by the State Legislature for the President's consideration.
• The Governor also has the authority to issue Ordinances when the Legislature is not in session. Furthermore, the Governor has the power to grant pardons, reprieves, respites, and remissions of punishment, or to suspend, remit, or commute sentences for individuals convicted under laws related to matters within the state's executive power.
• In terms of emergency powers, if the Governor believes that the state's administration cannot be conducted in accordance with the provisions of the Constitution, they can report this to the President. Upon receiving such a report, the President may take over the powers of the state government and reserve for Parliament the powers of the State Legislature, as outlined in Article 356.

Powers and Functions of the Governor

• Our Constitution establishes a Parliamentary form of government at both the Union and state levels.
• The Governor serves as the Constitutional head of the state and operates on the advice of the Council of Ministers, led by the Chief Minister.
• Appointed by the President for a five-year term, the Governor holds office at the President's pleasure and can be reappointed for another term in the same state or a different one.
• Endowed with executive, legislative, judicial, and emergency powers as per the Constitution.
• Examples of executive powers include appointing the Chief Minister, Council of Ministers, and various other officials like members of the State Public Service Commission and the Advocate General.
• The Governor represents the executive authority of the state, being part of the State Legislature, with the right to address the legislature, summon or adjourn sessions, and dissolve the Lower House.
• Legislation passed by the State Legislature requires the Governor's assent to become law. The Governor can withhold assent, send bills back for reconsideration, or reserve them for the President's approval.
• During legislative recess, the Governor can issue ordinances. Additionally, they possess the power to grant pardons, reprieves, and commute sentences.
• In times of emergency, if the Governor deems that the state cannot be governed according to the Constitution, they can report to the President, who may then take over state administration and transfer legislative powers to Parliament (under Article 356).

Powers and Functions of the Council of Ministers

The Council of Ministers plays a crucial role in the governance of the state:

• The Council of Ministers in Chhattisgarh serves as the paramount policy-making body within the state government.
• It formulates policies concerning all spheres falling under the legislative and administrative jurisdictions of the state.
• Additionally, the Council oversees the execution of devised policies and retains the authority to amend them based on feedback obtained during implementation.
• Given that the Governor's executive actions are contingent on the Council's advice, and all executive powers are exercised in the Governor's name, the Council enjoys considerable authority.
• However, the Council's powers are subject to certain constraints:
  • The limitations prescribed by the Constitution and legislation enacted by both the Union and State Legislatures.
  • Self-imposed restrictions aimed at excluding less significant matters from consideration.

State Secretariat Functions and Organization

The State Secretariat plays a crucial role in the functioning of the state government. It comprises various departments, each responsible for specific functions.
Let's delve into the key areas of administration:

• General Administration: General administration involves the overall management and coordination of various government activities. This department ensures smooth functioning across different sectors.
• Home Affairs: The Home department oversees law enforcement, public safety, and disaster management within the state. It plays a vital role in maintaining peace and order.
• Revenue and Forests: This department is responsible for revenue generation, land administration, and forest conservation. It manages financial resources and promotes sustainable forest practices.
• Agriculture, Food, and Cooperation: The Agriculture department focuses on promoting agricultural growth, ensuring food security, and fostering cooperation among farmers and related stakeholders.
• Education and Social Welfare: Responsible for the education system and social welfare programs, this department aims to enhance literacy rates, provide social services, and uplift marginalized communities.
• Urban Development and Public Health: Urban Development addresses city planning, infrastructure development, and public health initiatives. It focuses on creating sustainable and healthy urban environments.
• Finance: The Finance department manages the state's finances, budgeting, taxation, and fiscal policies. It plays a crucial role in ensuring financial stability and economic growth.
• Structures and Communication: This department oversees infrastructure projects, communication networks, and technological advancements. It aims to enhance connectivity and modernize state infrastructure.
• Irrigation and Power: Responsible for water resource management and power generation, this department focuses on ensuring adequate irrigation facilities and uninterrupted power supply across the state.
• Law and Judiciary: The Law and Judiciary department ensures justice, upholds the rule of law, and safeguards legal rights within the state. It plays a critical role in maintaining a fair and just society.
• Industries and Labour: This department promotes industrial growth, regulates labor practices, and fosters a conducive environment for businesses. It aims to boost economic development and protect workers' rights.
• Rural Development: Rural Development focuses on uplifting rural areas, promoting agriculture, improving infrastructure, and providing essential services to rural communities. It aims to bridge the urban-rural divide and enhance living standards in rural regions.

State Secretariat: Organizational Structure

• The State Secretariat consists of the Minister, Secretary, and Executive Head, constituting the core decision-making body at the state level. Each plays a distinct role in governance and policy implementation.
• The State Secretariat comprises both the minister and the secretary, collectively forming the Secretariat, with the executive head's office known as the Directorate.
• Historically, the term 'Secretariat' originated during a period when government operations in India were primarily overseen by secretaries.
• Initially, governance authority shifted from elected ministers to the Ministry, establishing it as the central seat of power.
• Over time, 'Secretariat' has evolved to represent the minister's office, with the secretary serving as the principal advisor to the minister, necessitating physical proximity.
• Essentially, the Secretariat denotes the physical infrastructure housing ministerial and secretarial offices.
• Observations indicate that 'Secretariat' encompasses a network of departments led politically by ministers and administratively by secretaries.

Role and Functions of the State Secretariat

• The Administrative Reforms Commission's Report on State Administration provides a clear summary of the role and position of the State Secretariat.
• The State Secretariat, as the highest level of state administration, primarily serves to assist the state government in policy formulation and in fulfilling its legislative duties. Additionally, it functions as a repository of information, a clearinghouse for certain types of decisions, and a general overseer of executive actions.
• The main functions of the State Secretariat can be summarized as follows:
  • Assisting ministers in policy formulation, updating policies as needed, and fulfilling their legislative responsibilities.
  • Drafting legislation, rules, and regulations.
  • Coordinating policies and programs, supervising and controlling their implementation, and reviewing the outcomes.
  • Managing budgeting and controlling expenditure.
  • Maintaining communication with the Government of India and other state governments.
  • Ensuring the smooth and efficient operation of the administrative machinery and taking steps to enhance personnel and organizational efficiency.

Patterns of Relationship Between the State Secretariat and Directorates

Directorates

• Directorates serve as the executive arm of the state government, responsible for implementing the policies framed by the State Secretariat. Although the terms "Directorates" and "Executive Agencies" are often used interchangeably, Directorates are just one type of executive agency. 
• Directorates are classified into two categories: Attached Offices and Subordinate Offices. This classification aids in understanding the distinct roles these entities play in policy execution.

Local Administration

• Since Directorates are focused on policy execution, and this execution must occur at the field level (district, block, and village stages), there is a need for intermediate administrative agencies to coordinate and supervise these field operations. This intermediate stage between the state headquarters (Directorate) and the district is referred to as "local administration." 
• This term broadly encompasses local-level agencies operating below the state headquarters. Each region includes several districts, making it a unit below the state level and above the district level. Generally, all executive departments at the state headquarters have local organizations, though the names of these agencies vary from department to department.

Divisional Commissioners

• Divisional Commissioners are local agencies responsible for the state's revenue functions. 
• The work of revenue administration at the state headquarters is managed not by a government department, but by an autonomous agency known as the Board of Revenue. Therefore, Divisional Commissioners act as the local representatives of the Board of Revenue.

District Collector

• The District Collector, also known simply as the Collector, is the chief administrative and revenue officer of an Indian district. The Collector is also referred to as the District Magistrate, Deputy Commissioner, or, in some districts, as the Deputy Development Commissioner. 
• A District Collector is a member of the Indian Administrative Service (IAS) and is appointed by the state government. After India's independence in 1947, the district continued to be the primary unit of administration. The role of the District Collector remained largely unchanged, except for the separation of most judicial powers, which were transferred to judicial officers in the district. In 1952, with the launch of the National Extension Services and Community Development Programme by the Nehru government, the District Collector was given additional responsibilities for implementing government development programs in the district.

Duties

The District Collector is responsible for a wide range of duties within the district. The size of a district can vary significantly, from 45,652 square kilometers (larger than Denmark or Switzerland) to 9 square kilometers.
While the specific responsibilities may differ from state to state, they typically include:

• As Collector:
  • Land assessment
  • Land acquisition
  • Collection of land revenue
  • Collection of income tax dues, excise duties, irrigation dues, etc.
  • Distribution of agricultural loans
• As District Magistrate:
  • Maintenance of law and order
  • Supervision of the police and jails
  • Oversight of subordinate executive magistrates
  • Hearing cases under the preventive sections of the criminal procedure code
  • Supervision of jails and certification of the execution of capital sentences
• As Crisis Administrator:
  • Disaster management during natural calamities such as floods, famines, or epidemics
  • Crisis management during riots or external aggression
• As Development Officer:
  • Ex-officio chairman of the District Rural Development Agency, which conducts various developmental activities
  • Chairman of the District Bankers Coordination Committee
  • Head of the District Industries Centre
  • The District Collector is supported by various officers to manage day-to-day operations across different fields, including:
  • Additional Deputy Commissioner
  • Assistant Commissioner (General)
  • Assistant Commissioner (Grievances)
  • Executive Magistrate
  • District Revenue Officer
  • District Transport Officer
  • District Development and Panchayat Officer
  • Civil Protection Officer
  • Urban Ceiling Officer

Police Administration

• The Indian Police Service (IPS), also known as the Indian Police, is one of the three All India Services under the Government of India.
• In 1948, a year after India gained independence from Britain, the Indian (Imperial) Police was replaced by the Indian Police Service (IPS).