Syllabus- Ethics and Values of Administration; Neutrality of Civil Services, Committed Bureaucracy, Politician and Civil Servant Relations; Citizen Charters, Gender Sensitization; Transparency and Accountability of Administration.
Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
1.The Ministry of Panchayat Raj has released a Model Panchayat Citizens Charter framework in order to empower the citizens in relation to public services. In this context, explain the effectiveness and challenges of the Citizen Charter.
Introduction: –
Write the significance of Citizen Charter
Body: –
Write briefly about effectiveness and challenges of the Citizen Charter.
Conclusion: –
Write an optimistic solution on how to overcome the challenges.
Content: –
- Panchayat Raj constitutes the third tier of government in the rural areas. They are responsible for delivery of basic services consisted under article 243G (Health & Sanitation, Education, Nutrition, Drinking Water etc..).
- Citizen’s Charter: It is a document which represents a systematic effort of commitment of the organization towards its citizens in respects of Standards of Service delivery.
- India adopted citizen’s charter in 1997.
- The Ministry of Panchayat Raj has released a Model Panchayat Citizens Charter framework. The basic objective is to
- empower the citizens in relation to public services and
- to improve the quality of services
- without any prejudice and
- in accordance with the expectations of the citizens.
- The standards committed are useful for monitoring and evaluation of service delivery.
- It will help in making the citizens aware of their rights
- To make the Panchayats and their elected representatives directly accountable to the people.
- It has been prepared for delivery of the services across the 29 sectors, aligning actions with localised Sustainable Development Goals (SDGs).
Significance of Citizen Charter
- It is a tool to achieve good governance. The three essential aspects emphasised in good governance are:
- Transparency
- Accountability and
- Responsiveness.
- It provides services to the people:
- in a time bound manner
- redressing their grievances and
- improving their lives.
- It enshrines the trust between the service provider and its users and empowers the citizen in relation to public service delivery.
Challenges in implementing Citizens Charter (CC): –
- Issues with respect to design of CC:
The citizen charter is:
- published in a difficult language
- these are rarely updated
- in most of the cases devoid of participative mechanisms as end-users, Civil society organizations and NGOs are not consulted either when citizens’ charters are drafted.
- Implementation challenges:
- Measurable standards of delivery are rarely defined that makes it difficult to assess whether the desired level of service has been achieved or not.
- It has still not been adopted by all Ministries/Departments which overlooks local issues.
- There is lack of diversity in citizen charter across all agencies.
- Issue related to citizens:
There is lack of awareness regarding the charter and departments are reluctant in handing out punishments for non-compliance with it.
- Lack in Accountability:
- In case of most organisations, no reporting and periodic review mechanism has been evolved to assess the implementation of Charter.
- Even the Annual Report does not include a review of Charter implementation or plans for implementation.
- Shortage of human resource:
Lack of trained staff, transfers and reshuffles of concerned officers at the crucial stages of formulation/implementation of the Citizen’s Charter in an organization severely undermines the strategic processes which were put in place and hampers the progress of the initiative.
Way Forward-
To make Citizen Charters efficient-
Easy language:
Effort should be made to use local language while formulating the Citizen Charter.
Participatory Structures:
Effective monitoring and evaluation system ensures regular review of the performance on the Charter and thereby make the organization participatory, responsive, and accountable.
Sevottam (Service Delivery Excellence Model):
It can help in:
- Improving the quality of public service delivery
- Effective grievance redressal mechanism and
- Successful implementation of citizen’s charters.
Capacity-Building Workshops:
For enhancing the capacity of trainers, staff, effective implementation of charter and generating awareness among the public, capacity building workshops should be organized.
Technology upgradation and incorporation:
For smooth implementation of rules and guidelines, revision and updation of the information about Citizen’s Charters.
2. In order to provide transparency and accountability in the administration Whistle Blowing is the effective mechanism, but it is ineffective in the recent past. Explain the reasons for its ineffectiveness in the administration.
Introduction: –
Why whistle blowing is important for providing transparency and accountability?
Body: –
Discuss the reasons for ineffectiveness of whistle blowing mechanisms in India.
Conclusion: –
Even having protection to whistleblowers threats to their life still remains, which requires further strengthening of regulation and compensation and remedies for whistleblowers.
Content: –
Whistleblowing is the act of drawing attention of an authority figure or public, to perceived wrongdoing, misconduct, Corruption, fraud unethical activity within public or private organisations.
Whistle blowing mechanism in India
• Whistle Blowers Protection Act, 2011:
- Protection from harassment:
To persons making disclosure of corruption, wilful misuse of power or arbitrary use of discretion of any power by any public servant.
- Keeping the identity of the whistle-blowers secure:
Any person who reveals the identity of a complainant will be punishable.
- Broad definition of a whistle blower:
It goes beyond government officials and includes any other person or non-governmental organisation.
- Public interest supersedes Official Secrets Act (OSA), 1923:
The person may make a public interest disclosure to a competent authority even if they are prohibited under the Official Secrets Act (OSA), 1923.
- Appeal mechanism:
Any person aggrieved by any order of the Competent Authority may prefer an appeal to the High Court within a period of sixty days from the date of the order.
- Exception:
It does not apply to the armed forces of the Union.
• SEBI PIT (Prohibition of Insider Trading) Regulations:
To reward whistle-blowers and other informants for sharing information about insider trading cases.
• Companies Act, 2013:
It makes it mandatory for entities listed on stock exchanges to set up an audit committee to investigate whistle-blower complaints.
Issues/Challenges of whistle blowing mechanisms: –
- Implementation hurdles:
The country is witnessing growing uptake is the use of whistleblowing programmes, although implementation remains an issue.
- Lack of awareness:
Various problems emerge in the way these programmes are implemented. Awareness is one major issue.
- Lack of infrastructure:
- Then there is the lack of infrastructure. Nearly half of all respondents invest less than 5 lakhs per annum on whistleblower mechanisms.
- As a result, employees are given a single channel to come forward in most cases, with only a third opening up multiple avenues.
- Threat to life:
In India there have been innumerable instances of whistle blowers being killed. So it’s hardly a surprise that such few people come forward with instances of wrong doing.
- Fear of social stigma and job risk:
The fact that plays an essential role in whistleblowing is the individual coming up to report instances of potential fraud or abuse.
But the fear of social stigma and losing their job makes it difficult for even those who are aware of such frauds to come up.
- Dilemma between professional and organizational responsibility:
Such whistleblowers are shunned by management and as such it becomes very difficult for them to make a choice between professional responsibility and organizational responsibility.
Prelims Questions of the day: –
1.The Supreme Court declared the Right to Information as a fundamental right mainly based on which of the following articles of the constitution?
- Article 21
- Article 19
- Article 14
- Article 20
Answer: B.
Explanation:
- The Supreme Court in Kulwal Vs Jaipur Municipal Corporation, 1986 case, declared that freedom of speech and expression provided under Article 19 of the Constitution directly implies Right to Information, as without information the freedom of speech and expression cannot be fully used by the citizens. (Hence option B is correct)
- Article 21 is about the Right to Life and personal liberty. The Supreme Court declared that Article 21 also covers the Right to Information when interpreted broadly. (Hence option A is incorrect)
- Article 20 is about protection in respect of conviction for offenses. (Hence option D is incorrect)
- Article 14 is about equality before the law and equal protection of the law. (Hence option C is incorrect)
- Hence B is the correct answer.
2. Which of the following is not a ground for denial of information under the Right to Information Act, 2005?
- Disclosure affecting relations with a foreign state
- Disclosure amounting to contempt of court
- Disclosure endangering the physical safety of a person
- Disclosure lowering the reputation of a public office
Answer: D.
Explanation:
- Section 8 (1) of the Right to Information Act, 2005 mentions the exemptions against furnishing information. Some of the important exemptions are
- Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, relation with foreign State or lead to incitement of an offense; (Hence option A is incorrect)
- The information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; (Hence option B is incorrect)
- Information, the disclosure of which would endanger the life or physical safety of any person; (Hence option C is incorrect)
- Disclosure lowering the reputation of a public office is not a valid ground for rejection of the information under the RTI Act. Many scams like Commonwealth Games, Adarsh Society scam involving public offices were exposed using RTI. (Hence option D is correct)
- Hence D is the correct answer.
3.Which of the following statements about the Central Information Commission is incorrect?
- It consists of a chief information commissioner and 10 information commissioners.
- It must submit an annual report on the implementation of the RTI Act.
- The post of chief information commissioner must be filled within six months of vacancy.
- 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)
- Hence C is the correct answer.
4. A person has which of the following rights under the Right to Information Act, 2005?
- To obtain a copy of the government contract
- To inspect the records of a public department
- To seek memos issued by a public official
- All the above
Answer: D.
Explanation:
The Right to Information Act aims to disclose the information asked for and it also envisages a proactive disclosure of information by public authorities. The citizen can seek information in physical or electronic format. Section 2(j) of the RTI Act – 2005 provides the right to inspect works, records and to take certified copies from the authorities. Sec 2(f) of the act defines information in any form like memos, copies, data in electronic form, press releases, etc. that is available with the public authority to be disclosed if asked for.
Hence D is the correct answer.
5.If the government wants to implement the Directive principles, which of the following often happened?
- Basic structure needs to be amended
- It may come in conflict with fundamental rights.
- Courts cannot question the implementation
- Amendment of the constitution is required.
Answer: B
Explanation:
- When government intends to implement Directive Principles of State Policy, it can come in conflict with the Fundamental Rights of the citizen. Example: removing of the right to property. Hence, option B is correct.
- Basic structure of the constitution is a judicial innovation and it cannot be amended by the government whatsoever. Hence, option A is incorrect.
- Courts can intervene if the larger public interest is affected and rights are violated. Hence, option C is incorrect.
- There is no need of amendment to the constitution for the purpose of implementation of the directive principles of the state policy. Hence, option D is incorrect.
6.Which of the following is not a feature of Representative Parliamentary democracy?
- Universal adult Franchise
- Rule of law
- Periodic elections
- Right to Recall
Answer: D
Explanation:
- Democracy is a government of the people, by the people, and for the people.
- Democracy divided into two types — Direct and Indirect or representative
- In direct democracy, the people exercise their supreme powers directly. Ex Switzerland
- They are four devices of direct democracy, namely, Referendum, Initiative (petition signed by a certain minimum number of registered voters can force a government to choose to either enact a law or hold a public vote in parliament), Recall, Plebiscite (the direct vote of all the members of an electorate on an important public question, for example changes in the constitution). Hence statement D is correct answer.
- Representative Democracy, in which citizens elect officials to make political decisions, formulates laws, for the public good.
- The Indian constitution provides for the representative democracy. Universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination on certain grounds are the manifestations of the democratic character of the Indian polity.
7.Which of the following cases, Prime Minister of India cannot participate in voting on No Confidence motion
- He is the member of Lok Sabha
- He is the member of Rajya Sabha
- He has less majority in Rajya Sabha
- He is forbidden by the speaker
Answer: B
Explanation: –
- Motion of No-confidence is one of different types of motions in Indian Parliament. The Constitution of India does not mention either a Confidence or a No Confidence Motion although Article 75 of the Indian constitution says that “Council of Ministers shall be collectively responsible to the Lok Sabha”.
- Under rule 198 of Lok Sabha, A motion of “No Confidence Motion” against the Government can be introduced only in the Lok Sabha. It means the council of ministers stays in office as long as it enjoys the confidence of the majority of the members of Lok Sabha.
- Rajya Sabha cannot pass the No Confidence motion. Being a permanent house and not the directly elected one by the people of this country, the Rajya Sabha does not have this power. If the Prime Minister is a Rajya Sabha member he cannot participate in a vote of no confidence motion. Hence statement B is the correct answer.
8. Which of the following represents the expression “The Satisfaction of the president “in the constitution under Article74?
- Personal satisfaction of the President
- Satisfaction of the either Houses of parliament
- Satisfaction of the Prime Minister
- Satisfaction of the Council of Ministers
Answer: D
Explanation:
- Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions.
- The President cannot exercise the executive power without the aid and advice of the council of ministers.
- Any exercise of executive power without aid and advice of the council of ministers will be unconstitutional as being a violation of Article 74 of the Indian constitution.
- The satisfaction is not the personal satisfaction of the president but it is the satisfaction of the Council of ministers.
- Hence statement D is the correct answer
9. Which of the following promotes the DPSP’s and the Fundamental Rights?
- Social democracy
- Economic democracy
- Political democracy.
- All of the above.
Answer: D
Explanation:
- DPSP’s promote welfare state of the society. They aim at providing justice, equality, liberty and fraternity. It promotes economic and social justice.
- Fundamental rights prevent the authoritarian rule by providing rights against the authoritarian rule of the state. It promotes political democracy.
10.Which of the following measures may not help in the decriminalization of politics?
- Providing the right to negative vote
- Changing the First Past the Post system of election
- Enforcing the Model Code of Conduct through a statutory law
- Limiting the election expenditure of political parties
Answer: C.
Explanation:
- Though we have None of the Above (NOTA) option currently, it doesn’t mean that voters have the right to a negative vote. If person votes for NOTA, that means he is simply expressing his disapproval of the candidates contesting. But if the right to negative vote is provided and NOTA receives the maximum number of votes, then all the candidates who contested the election will be declared ineligible to contest in the re-election. This can force the political parties to choose candidates with good credibility thus reducing the chances for criminals entering politics. (Hence option A is incorrect)
- The ‘First Past the Post System (FPTP), in which a person with the highest votes is declared winner, needs to be changed. Rather, a minimum percentage of total votes polled can be fixed for declaring a candidate as the winner. With improved literacy levels, India can also adopt a mixed election system with FPTP and Proportional representation. This could restrict the criminals from getting elected. (Hence option B is incorrect)
- Though there is a limit on the election expenditure of the candidates, currently there is no limit on the expenditure of a political party. Thus criminals can liberally fund political parties and creating scope for the criminalization of politics. By limiting the expenditure of the party, there is little incentive for political parties to patron criminals. (Hence option D is incorrect)
- Model Code of Conduct (MCC) is simply a set of guidelines issued by the Election Commission (EC) to regulate political parties and candidates during the election cycle. Currently, MCC doesn’t have the backing of statutory law. The EC argues against making it legally binding as elections must be completed within a relatively short time or close to 45 days, and judicial proceedings typically take longer. Moreover, certain provisions of the MCC are already enforceable through provisions in other statutes like the Indian Penal Code, 1860, Code of Criminal Procedure,1973, and Representation of the People Act, 1951. Thus just enforcing MCC through statutory law may not help in decriminalizing politics. (Hence option C is correct)
- Hence C is the correct answer.