22nd April 2022 | Governance and Good Governance, E-Governance-Applications and Models; Governance at Union level- Cabinet Secretariat, Prime Minister’s Office (PMO), Central Secretariat, Ministries and Departments | LaexSecure

Syllabus- Governance and Good Governance, E-Governance-Applications and Models; Governance at Union level- Cabinet Secretariat, Prime Minister’s Office (PMO), Central Secretariat, Ministries and Departments

Number of questions- Mains: 02, Prelims – 10

Mains Questions of the day- 

Q1. What is good governance? Suggest some measures to improve the governance in Indians states.

Answer:

Introduction: – 

Define what is good governance.

Body: – 

 Suggest some measures to improve the governance in Indians states.

Conclusion: –

End with how good governance helps in the country’s progress. 

Content: 

  • Good governance is the management of public affairs in just, fair and reasonable manner.
  • According to UNESCAP, good governance means ‘the processes and institutions which produce results that meet the needs of society while making the best use of resources at their disposal’.
  • Government of India has launched Good Governance Index, to assess the status of governance and the impact of various interventions taken up by the State Government and UTs.

Measures to improve the governance in Indians states:

  • Rule of law:
  • Without rule of law good governance can’t be ensured.
  • It is also important that laws must benefit every individual of the society. 
  • Thus states must ensure rule of law in the territory. 
  • Transparency:
  • For this, information should be easily available.
  • It is important that issues related to RTI must be resolved.
  • It also means that enough information is provided and that it is provided in easily understandable forms and media.
  • Participation: 
  • Participation of the people in the decision making process is one of the cornerstones of good governance.
  •  Democratic decentralisation should be emphasised which devolves more  power to the Gram Panchayats and people at the lowest level of political hierarchy.
  • Responsiveness: 
  • The good governance necessitates that all public institutions and their processes strive to serve all stakeholders within a responsible time frame. 
  • States should be encouraged to achieve targets in a time-bound manner.
  • Accountability: 
  • From policymakers to implementers all should be held responsible for their omissions and commissions of the policies that they implemented. 
  • Everybody should be answerable for allocation, use and control of public fund and other assets.

Content (conclusion)

  • The effective functioning of governance is the pillar of an efficient democracy. 
  • What is required is transparent, accountable and intelligible governance system absolutely free from bias and prejudices.
  • In the present era when India is progressively moving towards development and prosperity, there is a need is to ensure good governance in the country. 
  • When the nation/state machineries become more efficient and accountable, the citizens can enjoy higher per capita income, widespread literacy, adequate health facilities with longer average life.

Q2. Putting the citizen first is the guiding principle of good governance. Discuss.

Answer:

Introduction: –

Give a brief introduction about what is Good Governance.

Body: –

Discuss how “Citizen first” is the guiding principle of good governance.

Conclusion: –

What measures can be taken to promote citizen first principle? 

Content –

  • Governance is commonly defined as the exercise of power or authority by political leaders for the well-being of their country’s citizens or subjects. 
  • Good Governance is the management of public affairs in a just, fair and reasonable manner. 
  • Governance is different from good governance on the premise that later focuses on the qualitative aspect of governance.

Citizen-centric governance: the guiding principle of good governance

Making governance citizen-centric is a fundamental aspect of Good Governance.

Good governance is understood through its eight indicators or characteristic:

 (1) Participatory

(2) Rule of Law

(3) Effective and Efficient 

(4) Transparent

 (5) Responsive

 (6) Equitable and Inclusive

 (7) Consensus Oriented and

 (8) Accountability.

They are inextricably related to each other and targeted to bring citizen-centric governance.

  • Good governance involves citizens’ participation in decision making. 

For example:73rd and 74th Amendment acts brought democratic decentralisation and ensures participation of people at the grassroots level in the governance process.

Swachh Bharat Mission (SBM) is also a good example where citizens’ participation is given due importance.

The principle of putting citizens first brings stakeholders, the government and the citizens closer to each other.

  • Technology is an important tool for good governance as it ensures transparency and accountability which result in the betterment and welfare of all citizens. It also leads to the simplification of processes.

For example:-the self-certification of startups introduced by the Government exhibits trust in the citizens.

Digital India ensures that government services are available to the citizen with little human interference.

  • Governments’ use of Social media as a tool to connect people is also a citizen-centric good governance practice, where two-way communication is ensured. Citizens register their grievances on social media platforms such as twitter, and government authorities respond to address the same.

For example, the Ministry of External Affairs (MEA) has been very actively solving problems of NRIs and Indians in abroad based on social media input. Similarly, Railways is actively addressing the concerns of passengers based on social media feedback.

  • Other tools that make the governance citizen-centric are Right to information, Citizens’ charters, Grievance redressal mechanisms, public-private partnerships, etc.
  • Governance can be termed as efficient only when it keeps its citizens first. 
  • Such governance model would ensure equitable and inclusive development of society and nation

Prelims questions of the day: –

Q1. Which among the following is not the reasons for the criminalization of politics?

  1. Delayed judicial process
  2. Nexus between criminals and politicians
  3. Poor enforcement of Model Code of Conduct
  4. Strong inner-party democracy

Answer:-D

Explanation: 

The following are some of the major reasons for the criminalization of politics.

  • Denial of Justice and Rule of Law: Not more than 6% of the criminal cases against Indian MPs and MLAs ended in a conviction, as per the data submitted by the Centre to the Supreme Court. This is in sharp contrast to the overall conviction rate of 46% at the national level under IPC. Moreover, the delay in the judicial process provides scope for the criminals to contest the elections till they are declared convict. (Hence 1 is not correct) 
  • The nexus between politicians and criminals have become stronger as politicians get their muscle and money power from criminals. Some of the criminals are directly contesting elections using their political patronage. (Hence 2 is not correct)
  • Poor enforcement of the Model Code of Conduct by the Election Commission increases the winning prospects of candidates with criminal backgrounds as they can influence or threaten the voters. (Hence 3 is not correct)
  • When a political party doesn’t have internal democracy, a politician may be disqualified from being a legislator, but (s)he may continue to hold high positions within his/her party. If there is strong inner-party democracy and strong political will among political parties, then criminals are not given patronage. (Hence 4 is correct)

Q2.  Currently the Election Commission of India (ECI) doesn’t have which of the following powers concerning political parties?

  1. Registration of a political party
  2. Derecognizing the status as a national political party 
  3. Deregistration of a political party
  4. Seeking audited annual accounts of a political party

Answer: C

Explanation: –

Currently the ECI is empowered to register a political party, accord it with the status of a state/national party if it satisfies the set criteria. Similarly, ECI can revoke the status of a State/National party if the party fails to maintain the set criteria. (Hence options A and B are incorrect)

The audited annual accounts of a registered political party should be submitted to the ECI within 6 months of the end of the financial year. (Hence option D is incorrect)

Currently, the ECI doesn’t have the power to deregister a political party. Many political parties get registered, but never contest elections and exist only on paper. The possibility of forming political parties with an eye on availing the benefit of income tax exemption also cannot be ruled out. Thus many committees on electoral reforms suggested that ECI which has the power to register political parties is also empowered to de-register in appropriate cases. (Hence option C is correct)

Q3. Right to vote in India is a

  1. Fundamental Right
  2. Natural Right
  3. Constitutional Right
  4. Legal Right

Answer: -C

Explanation: –

This question has been asked in UPSC CSE 2017 preliminary examination. It created a lot of confusion among the aspirants till the final key got released by UPSC.  

In India, the right to vote is provided by the Constitution under Article 326. 

Type of Rights Definition and Features 
Constitutional RightIt is a right given in the constitution, but not a part of the fundamental right. 
Legal Right It is provided through a statute. Ex: Rights of a consumer. 
Fundamental Right It is a right that enables holistic development of individual and they are mentioned in Part III of the constitution 
Natural Right They are inherent rights for human existence. They are universal without the need for legal or custom support. 

Q4.  Currently who among the following has voting rights in India?

  1. A person serving a sentence of imprisonment after conviction.
  2. A person under preventive detention 
  3. An imprisoned person who is undergoing a trial in a court of law
  4. A person under lawful custody of police 

Answer: -B

Explanation: –

Section 62(5) of the Representation of People’s Act, 1951 mentions that-No person shall vote at any election:

  • If he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise; (Hence options A and C are incorrect)
  • If he is in the lawful custody of the police; (Hence option D is incorrect)
  • Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force; i.e. people under preventive detention can vote. (Hence option B is correct)

Q5.  Which of the following statements about the Central Information Commission is incorrect?

  1. It consists of a chief information commissioner and 10 information commissioners.
  2. It must submit an annual report on the implementation of the RTI Act.
  3. The post of chief information commissioner must be filled within six months of vacancy.
  4. It has the powers of a civil court while deciding on the appeals.

Answer: -C

Explanation: –

 As per the Right to Information Act, the Central Information Commission consists of a Chief Information Commissioner and up to 10 Information Commissioners. (Hence option A is correct)

RTI Act doesn’t stipulate any timeline for filling the vacancies in the central and state information commissions, including for the post of CIC. This is one of the reasons for the poor functioning of the commission with inordinate delays in appointments. (Hence option C is incorrect)

As per section 25 of the RTI Act, the CIC is required to prepare an Annual Report on the implementation of the provisions of the Act during that year which is to be forwarded to the Government, which, in turn, is required to lay the report before each House of Parliament. (Hence option B is correct)

The Central Information Commission or State Information Commission while inquiring into any matter have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908. (Hence option D is correct)

Q6. Which of the following statements is correct?

  1. A Non-Resident Indian can’t request information under RTI Act, 2005.
  2. The applicant must give reasons for seeking information under RTI Act, 2005.
  3. State governments can’t legislate on the right to information.
  4. No fee will be charged from people below the poverty line for information under RTI Act.

Answer:-D

Explanation: –

 Only Indian citizens (including Non-Resident Indians) can request information under the RTI Act, 2005. (Hence option A is incorrect) 

The applicant need not disclose the reasons for seeking the information under the RTI Act. (Hence option B is incorrect)

Applicants belonging to the below poverty line (BPL) category, need not pay any fee for the information under the RTI Act. However, they should submit the proof in support of their belonging to below poverty line. (Hence option D is correct)

The states also have the right to legislate on the Right to Information. In fact, before the passage of the RTI Act by the parliament in 2005, 8 states and 1 Union Territory had the right to information laws. Most of these state laws continued to exist even today. (Hence option C is incorrect)

In 1997, Tamil Nadu became the first state in India to have passed a law on the Right to Information. This was followed by Goa in the same year. Then, Rajasthan in 2000, followed by Delhi in 2001.

Q7.  Which among the following initiative(s) was/were taken by the Election Commission of India to tackle the criminalization of politics?

  1. Rejection of nomination papers for filing a false affidavit.
  2. Timeline for publishing the criminal antecedents of candidates.
  3. Enforcing inner democracy in political parties.
  4. None 

Answer: B

Explanation: –

The Returning Officer can reject the nomination paper (Form 26) of a candidate for filing an incomplete affidavit or leaving some of the particulars blank in the affidavit after giving warning and reasonable time to correct. This is because non-disclosure of information has been interpreted as a corrupt practice amounting to disqualification under Section 8 of the Representation of People’s Act (RPA), 1951.

However, filing a false affidavit does not come under corrupt practice under Section 8 and is not a ground for rejection of nomination. A false affidavit can only be challenged in a competent court through an election petition and the candidate may face a maximum of six months imprisonment as per Section 125 A of RPA, 1951. (Hence statementA is incorrect)

The Election Commission set the timeline for publicity of criminal antecedents by candidates and their political parties.  According to recent guidelines, the first ‘publicity’ of criminal records should be within the first four days of the last date of withdrawal of candidature. This ensures that people get enough time to know about the candidates before they vote. (Hence statement B is correct)

Currently, Election Commission has no role in enforcing inner-party democracy. The Law Commission of India suggested the Parliament devise a mechanism to ensure inner-party democracy. (Hence statement C is incorrect)

Q8. Consider the following statements about the Central Chief Information Commissioner (CIC).

  1. CIC is appointed by the president of India for a five-year term.
  2. The salary of CIC is the same as that of the Chief Election Commissioner.

Which of the above statement(s) is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: D.

Explanation: 

The union government amended the Right to Information Act in 2020 to frame rules regarding salaries, allowances, and conditions of service for Chief Information Commissioners (CIC) and Information Commissioners (IC) and State Information Commissioners (SIC). 

As per the original RTI Act, the salaries and allowances and other terms and conditions of service of the CIC, IC and the State CIC are equivalent to those of the CEC and EC, which in turn are equal to a Judge of the Supreme Court. Therefore, CIC and ICs become equivalent to a Judge of the Supreme Court in terms of their salaries and allowances and other terms and conditions of service. But, the functions being carried out by the ECI and the Central and State ICs are different. The government reasoned that the amendment was brought to correct this anomaly.

Amendments brought in the RTI Act:

  • The fixed five-year term was removed. Now the central government will notify the term of office for the CIC and the ICs. (Hence statement 1 is incorrect)
  • The Central Government determines the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs. (Hence statement 2 is incorrect)

Q9.  Currently, the Inner Line Permit (ILP) system does not apply to which of the following states?

  1. Arunachal Pradesh
  2. Meghalaya
  3. Manipur
  4. Mizoram

Answer: -B

Explanation –

Till recently, the ILP system was only applicable to the three North-Eastern States viz. Mizoram, Arunachal Pradesh and Nagaland. In December 2020, the President signed the order extending ILP to Manipur, which became the fourth state where the ILP regime is applicable. (Hence options A, C, and D are incorrect)

Legislators and the general public in Meghalaya, Assam, and Andaman & Nicobar Islands are also demanding the implementation of the ILP in their respective states. (Hence option B is correct)

Q10. Which of the following statements about electoral bonds is correct?

  1. They carry the names of the buyers thus increasing transparency in electoral funding.
  2. Foreign-based companies can’t donate using these bonds.
  3. Independent candidates can’t receive funds through these bonds.
  4. The minimum denomination of these bonds is ₹2000.

Answer: -C

Explanation: –

The Electoral Bond Scheme (EBS) was announced in the 2017 budget. It is touted as an alternative to cash donations made to the political parties and aimed at bringing clean money and substantial transparency into the system of political funding.

Important features of EBS:

  • The electoral bond is like a bearer banking instrument and does not carry the name of the buyer or payee. (Hence option A is incorrect)
  • The electoral bonds may be purchased by a citizen of India or entities incorporated or established in India. i.e. even a foreign-based company that got incorporated in India can donate using EBs. E.g. Google India. (Hence option B is incorrect)
  • The EBs can be used for making donations to only those registered political parties which have secured at least 1% of the votes polled in the last general election to the Lok Sabha or the State Legislative Assembly. Thus independent candidates can’t receive funds using EBs. (Hence option C is correct)
  • The electoral bonds are issued in the denominations of ₹1,000, ₹10,000, ₹1 lakh, ₹10 lakhs, and ₹1 crore. (Hence option D is incorrect)

While introducing the EBS scheme, the government reduced the limit for anonymous cash donations by any individual to a political party from ₹20,000 to ₹2,000.

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