Syllabus- Prevention of Corruption in Administration- Central Vigilance Commission, Central Bureau of Investigation, Lokpal, Lokayuktha, ACB and Consumer Protection Mechanisms; Application and Impact of Right to Information Act- 2005; Administrative Reforms.
Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
1.Why do activists want political parties to be brought under Right to Information Act?
Introduction: –
Write about Right to information Act and its importance.
Body: –
Mention some reasons why activists want political parties to be brought under Right to Information Act.
Conclusion: –
- The Right to Information Act was made to achieve social justice, transparency and to make accountable government but this act has not achieved its full objectives due to some impediments created by systematic failures.
- The misuse of the RTI Act has to be appropriately dealt with, otherwise the public would lose faith and confidence.
- It is well recognized that right to information is necessary, but not sufficient to improve governance.
- A lot more needs to be done for:
- Accountability in governance,
- Including protection of whistleblowers,
- Decentralization of power and
- Fusion of authority with accountability at all levels.
- This law provides us an opportunity to redesign the processes of governance, particularly at the grass roots level where the citizens’ interface is maximum.
Content: –
Right to Information: –
- The right to information is a fundamental right under Article 19 of the constitution.
- The act: –
- empowers ordinary citizens to question the Government about its working and
- mandates public authorities to provide timely response to the citizens’ request for information.
- This has been widely used to uncover corruption, progress in government work, expenses related information, etc.
- Some information that can affect the sovereignty and the integrity of India is exempted from the purview of RTI.
- Information relating to internal security, relations with foreign countries, intellectual property rights, cabinet discussions are exempted from RTI.
Reasons of activists want political parties to be brought under Right to Information: –
- To contain corruption.
- Huge donations from corporates which lead to favour the capitalism.
- Illegal foreign contribution.
- The leader of the opposition has a statutority mandated to be part of the select committees to choose Chairperson for CIC, Lokpal, CBI Director and CVC
- Various members of the opposition are also part of various parliamentary committees.
- They enjoy multiple benefits like concessional office spaces, free airtime on DD & AIR from Government.
Stand of Political Parties
- Political Parties are not public authorities. So they cannot be brought under RTI Act.
- Disclosed information can be misused.
- They disclose financial information under the IT Act.
2.The Parliamentary Committee on Personnel, Public Grievances, Law and Justice decided to review working of the Central Information Commission (CIC) and the State Information Commissions (SICs). Explain the need for scrutinise the Central Information Commission and State Information Commission.
Introduction: –
Write briefly about Central and State Information Commissions.
Body: –
Mention the Reasons for scrutinising the functioning of the Central and State Information Commissions.
Conclusion: –
- To ensure all the public authorities discharge their functioning in such a way that: –
- it upholds the public interest
- it is important to make the Information Commissions accountable to the people.
- Scrutiny by the parliamentary committee may prove an effective tool in this direction.
Content: –
- Central and State Information Commissions are statutory bodies constituted under the Right to Information (RTI) Act, 2005.
- They are the final appellate authority for RTI Act.
- They are vested with wide power like: –
- power to impose penalty on erring Public Information Officers (PIOs)
- initiate an inquiry against them (for this they are vested with the same powers as are vested in a civil court).
- CIC is required to submit annual reports to the Parliament and the SICs to state legislatures. Those are rarely discussed in Parliament or state legislatures.
- Now for the first time the functioning of this body would directly be scrutinized by a parliamentary committee, to effectively implement its functioning.
Reason for scrutinise the functioning of the Central and State Information Commission: –
- Every year 40 to 60 lakh RTI applications are filed in India.
- Being the final appellate authority effective functioning of Central and State Information Commissions is crucial for proper implementation of the RTI Act.
- To prevent the misuse of power by the Information Commissions:
Scrutiny of functioning is required for ensuring the transparency and accountability of the Information Commissions.
- Ensuring discharge of the mandates:
- Since, 2015 there has been a sudden surge in the number of cases (appeal/complaints) were being returned to the appellant without any substantial reason.
- In 2019-20, 59% of the disposed cases should have triggered the process of penalty.
- However, penalties were imposed only in 2.2% of the cases.
- Keeping public trust intact in the Information Commissions:
- Tenure, salary and allowances of the information commissioners is not fixed.
- It has empowered the Central Government to notify them.
- This may erode the autonomy of the Commission.
- Scrutiny of their functioning by the parliamentary committee as a neutral body may reduce the fear of the people.
- Provide continuity in regular transparency in the system:
- In the past, effective functioning of these commissions have led to exposure of many corruptions cases (like Adarsh Society Scam, 2G scam, Common wealth game scam etc.).
- Parliamentary scrutiny would provide continuity of such functioning.
Prelims questions of the day: –
1.Which of the following statements about National Commission for Scheduled Tribes (NCST) is incorrect?
- NCST members are appointed by the president of India.
- The chairperson of NCST must be from scheduled tribes.
- At least one member of NCST shall be a woman.
- NCST must have at least one of its members from scheduled tribes.
Answer: D.
Explanation:
- NCST has a chairperson, a vice-chairperson, and three other members appointed by the president by warrant under his hand and seal. (Hence option A is correct)
- The chairperson of the NCST must belong to the scheduled tribes. (Hence option B is correct).
- At least two of the other four members shall be appointed from amongst persons belonging to the Scheduled Tribes. i.e. at least three of the total five members must be from scheduled tribes. (Hence option D is incorrect)
- At least one member (other than chairperson) of the NCST shall be a woman. i.e. it is guaranteed that at least one of the five members of NCST will be a woman. (Hence option C is correct).
- Hence D is the correct answer.
2.Which of the Following institutions/bodies/person can approach CVC?
- Central government
- Lokpal
- Whistle blowers
- All the above
Answer: D
Explanation:
Central Vigilance Commission
- Central Vigilance Commission is conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government.
- It advises various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.
- The CVC receives complaints on corruption or misuse of office and recommends appropriate action.
- Following institutions, bodies, or a person can approach CVC: Central government, Lokpal and Whistle blowers.
3.Under which of the following Act CBI draw it powers?
- Delhi Special Police Establishment Act, 1946.
- Prevention of Corruption Act, 1988.
- Right to Information Act 2003.
- Code of Criminal Procedure.
Answer: A
Explanation:
Central Bureau of Investigation (CBI): –
- It is the premier investigating police agency in India.
- It functions under the superintendence of the Department of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India.
- CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946.
- In 1963, the CBI was established by the Government of India with a view to investigate serious crimes related to defence of India, corruption in high places, serious fraud, cheating and embezzlement and social crime, particularly of hoarding, black-marketing and profiteering in essential commodities, having all-India and inter-state ramifications.
4.Which of the following committee recommends for setting up CVC?
- K.Santhanam.
- Suresh N. Patel
- Shivaraman Committee (1979)
- KV Kamath Committee
Answer: – A
Explanation: –
CVC: –
- It was set up by the Government on the recommendations of the Committee on Prevention of Corruption, headed by K. Santhanam.
- The Parliament enacted Central Vigilance Commission Act, 2003 (CVC Act) conferring statutory status on the CVC.
- It is an independent body which is only responsible to the Parliament.
- It submits its report to the President of India.
5. Which of the following ministry is responsible for administrative control of Central Bureau of Investigation (CBI)?
- Ministry of Home Affairs.
- Ministry of Defence.
- Ministry of Personnel, Public Grievances and Pensions.
- Ministry of Social Justice and Empowerment.
Answer: C
Explanation:
CBI: –
- The CBI was set up in 1963 by a resolution of the Ministry of Home Affairs.
- It comes under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel, Public Grievances and Pensions.
- The establishment of the CBI was recommended by the K.Santhanam Committee on Prevention of Corruption (1962–1964).
- It is not a statutory body.
- It derives its powers from the Delhi Special Police Establishment Act, 1946.
- It is the main investigating agency of the Central Government.
- It also provides assistance to the Central Vigilance Commission and Lokpal.
- It is also the nodal police agency in India which coordinates investigations on behalf of Interpol Member countries.
6. The National Commission for Scheduled Castes submits its reports to which of the following?
- The Parliament
- The President of India
- Union Minister for Social Justice
- The Lok Sabha Speaker
Answer: B.
Explanation:
- Constitutional bodies like NCSC, NCST, NCBC, CAG, etc. submit their reports to the President of India.
- The President places these reports before the Parliament.
- The President also forwards any report of the Commission about a state government to the state governor.
- The governor places it before the state legislature.
- Hence B is the correct answer.
7.Which of the following statements about Scheduled Tribe (ST) reservation is correct?
- A ST person from one state can automatically claim a reservation in another state.
- A state can notify a community as ST if it met the criteria set by the union government.
- Concurrence of the Registrar General of India is mandatory to include a community in the ST list.
- States have the power to exclude a community from the ST list in their jurisdiction.
Answer: C.
Explanation:
- States can only send proposals to the central government about the inclusion/exclusion of a community from the scheduled tribe/scheduled caste list.
- These proposals must be agreed to by the Registrar General of India (RGI) and National Commission for Scheduled Castes (NCSC), in the case of SCs, and RGI & National Commission for Scheduled Tribes (NCST) in the case of STs to be considered by the central government for further processing. (Hence option C is correct)
- The central government notifies a state wide list of SC and ST communities. States by themselves can’t notify a community as SC/ST, neither they can exclude a community from that list. (Hence options B and D are incorrect)
- The Supreme Court held that a member of an SC/ST community from one state cannot claim the benefit of reservation in government jobs or admission in another state if his or her caste is not notified there. Thus having SC/ST reservations in one state can’t guarantee the same in another state. (Hence options A is incorrect)
- Similarly, the inclusion of communities in the Central List of OBCs is done on the advice of the National Commission for Backward Classes (NCBC).
- Hence C is the correct answer.
8.Which of the following features reflect the idea of political democracy?
- Differential Voting
- Simultaneous elections
- Direct elections
- Equal value for every vote
Answer: D
Explanation:
- Political democracy as an idea refers to participation of people in elections. However, the value for vote decides the democratization of the elections.
- Hence although Direct elections are a feature of direct democracy which is a form of political democracy and simultaneous elections being a way of conducting elections to various levels of democracy, yet unequal value for a given vote i.e., differential voting doesn’t reflect true essence of political democracy of any country.
- Equal value for every vote polled is the symbol of true political democracy
9.Which of the following is considered as hindrances to Political democracy in India?
- Model Code of Conduct
- Disallowing anyone below the age of 18 years to vote
- Having first past the post system in India.
- Criminalization of Politics.
Answer: D
Explanation:
Political democracy in India is mirrored in conducting elections periodically. Some of the hindrances to political democracy i.e., elections in India are:
- Increasing usage of money power in elections
- Increasing number of muscle men entering into elections i.e., criminalization of politics
- Rising personality cult around electoral candidates
- Growing factionalism in Indian elections i.e., campaigning on the basis of caste, religion, region etc.
- Rising defections across parties in Indian electoral parties.
Model code of conduct introduced by Election Commission of India is a tool to keep a regulatory watch on exigencies committed by electoral candidates. Indian Parliament via 61st constitutional amendment, has reduced the valid age for voting from 21 to 18 years. Hence disallowing anyone below 18 years to vote is not a hindrance to political democracy in India.
Indian constitution makers adopted first past the post system due to its simplicity and capacity to ensure stability of the government of the day. Therefore, first past the post system is not a hindrance to political democracy in India.
10. Which of the following options is not associated with characteristics of Indian Party System?
- Multiparty system
- Clear ideology
- Lack of effective opposition
- Defections and factions
Answer: B
Explanation:
The Indian party system has the following characteristic features:
- Multi-party system due to presence of many parties participating in Indian Elections.
- One-dominant party system such as that of Congress till 1967 and BJP since 2014
- Lack of clear ideology as governments formed by all political parties have close resemblance in their policies and programmes
- Presence of personality cult as that of Jawaharlal Nehru, Indira Gandhi, Sonia Gandhi, Atal Bihari Vajpayee and Narendra Modi
- Emergence of regional parties such as Aam Aadmi Party, All India Trinamool Congress, Telangana Rashtra Samiti, Dravida Munnetra Kazhagam
- Factions and Defections: As many political parties have formed due to both disintegration and merger of many political parties such as 2 Communist Parties, 2 Congress, 2 TDPs etc.
- Lack of effective opposition: As opposition parties in India have no unity and frequently adopt conflicting positions with respect to ruling party and have failed to play a constructive role in functioning of body politic and in the process of nation building.