daily answer writing programme answer...6) 1989 : satish chandra committee report employment on...

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DnyanadeePAcademYFOR UPSC & MPSC

Mahesh Shinde’s RMahesh Shinde’sDnyanadeep's IAS For UPSC - IAS / IPS / IFS

UPSC Mains Mission - 2019

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Daily Answer Writing Programme (Model Answers)

Daily Answer Writing ProgrammeSubject : General Studies II

Module Name : Covernance, Constitution, Polity

Test No : 44

Q.1. Recruitment to the civil service needs to be modernised. But it will require a complete overhaul ofthe system - not piecemeal initiatives. Comment. (10 Marks)

Ans :

The civil services are seen as the backbone of governance for the Indian state. Over time, and with changes

in technology, economy and society, the quality requirements for selection of civil servants have changed.

The Government of India and Union Public Service Commission (UPSC) understand these new requirements.

They have undertaken steps to recruit the best from the available talent pool and train them to meet the

equilibrium of efficient governance and understand the needs of the citizenry.

The chronological order of Committees/commissions appointed after Independence with reference to

Recruitment

1) 1951 Report on Public Administration by A.D. Gorwala :

Recommendations: Recruitment to all grades of Government Services should be conducted in a manner

which eliminates scope for patronage and suggested that this principle should also apply to temporary

staff.

2) 1956 Dr A Ramasamy Mudaliar Committee Report Recommendations:

Minimum qualification of University degree for higher services No cap on educational qualification for

secretarial and ministerial services age limit for the highest executive and administrative services is 21-23

3) 1962 Report on Indian and state Administrative Service and Problems of Distric Administration by V.T.

Krishnamachari stayed recruitment to class I and class IIservices in the state governments and recommended

that recruitments should be made annually.

4) 1969 : ARC’s report on personnel administration emphasis on proper planning of personnel and cadre

managements Recruitment to the IAS/IFS and other non technical class I services should bemade only

through a single competitive examination.

Rujuta Bankar Madam


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Upper limit to take Civil Services competitive examinations raised to 26 years.

Direct recruitment to class II posts of section officers should be stopped & may be filled by promotion of

Assistants.

Recruitment to clerical and other secretarial posts should be through simple objective tests.

5) 1976 : DS. Kothari committee Report. Two stage examination process-preliminary followed by a main

examination suggests changes in the training pattern for Civil Services.

6) 1989 : Satish Chandra Committee Report employment on contract basis Government employees should

have the right to retain their lien for two years in case they wish to migrate to the private sector

7) 2001 : Prof. Yoginder K. Alagh committee Report testing the candidates in acommon subject rather than

on optional subjects.

8) 2004: Hota committee Report.

Introduction of aptitude and leadership tests for selection.

Probationers may be allowed one month’s time after commencement of training to exercise their option

for services.

However, Civil services recruitment in India needs radical reforms. Today, the nation is changing rapidly.

Governance itself finds transition-accelerated, both in concept and form. From a means to perpetuate

imperial rule, the objective of governance has changed to seeking and managing equitable economic

growth. Yet, the bureaucratic infrastructure has remained more or less the same and grounded in the

mistrust of citizens.

The piecemeal approach of tweaking subject papers, both in the preliminary and main rounds or changing

the age and subject requirements will not cut it.

1. Reducing the age criterion

The advantages of such a step are manifold.

A young recruit is more susceptible to training and can respond positively.

Political neutrality, the very essence of the civil services, can be instilled. As one grows with age, it is

very difficult to maintain political neutrality after having been in the thick of it for long.

Those who fail to get selected for the civil services would not, unlike today, waste their productive

years in giving the examination year after year, with the dedication and hope of working for the

government.

The students in undergraduate studies and, most importantly, in postgraduate and research studies

would not neglect their course and research to gain selection in the civil services.

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2. Changing the training module, pattern and duration

The training duration for Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian

Foreign Service (IFS) be five years, which, in case of other civil services, may be three to five years. In

this manner, they may be conferred with a bachelor’s degree in case of a three-year module and an

integrated master’s degree in case of the five-year module.

3. Designing the examination calendar

The civil services (preliminary) examination may be conducted online in December and the marks

declared almost immediately like in the case of BITSAT and GRE. In a democratic country, such an

approach is highly recommended. Moreover, in case of failure, the student will have the time to re-

focus on other examinations that may be conducted later in the year.

The real test is to bring reforms into the system of recruitment for the various branches of the civil

service. Ad hoc-ism and subjective assessments are to be avoided. The challenge is how not to graft

alterations on a 20th century system of recruitment criteria but to assess the requirements that we must

fulfil if we are to create a truly modernised, performance-oriented 21st century civil service that conforms

to the best global standards.

Q. 2. “It is impossible to run a 21st-century economy with a 20th-century bureaucracy using 19th centuryrules”. In light of the above statement examine civil services reforms gaining significance lately.

(10 Marks)

Ans : The 21st century “New India” under way needs a robust and efficient bureaucracy to meet growing aspirations

of crores of Indians. With changing nation, Governance itself finds transition-accelerated, both in concept

and form. From a means to perpetuate imperial rule, the objective of governance has changed to seeking and

managing equitable economic growth.

The steel frame of Indian civil services has turned somewhat rusty which can be analysed from the following:

(i) The system places a premium on loyalty, political connections and community/caste clout rather than on

merit; in which indecision and inaction are seldom punished, while performers stand greater chance of

getting into trouble.

(ii) The system is hamstrung by political meddling, governed by outmoded personnel procedures, crippled

by a lack of domain expertise, and marked by a mixed record on policy interpretation.

(iii) Transparency International reports highlighted the deep-rooted corruption in the civil services and Vohra

committee highlighted the lack of secular governance and intellectual deficiencies of civil servants after

they join services.

To resolve the issues our bureaucracy is facing, following reforms have been under-process at present:


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(i) Lateral Entry: NITI Aayog’s recommendation to take recourse to Lateral entry at all levels of

administration to infuse specialization in administration and tackle lack of decision-making abilities.

E.g. Nandan Nilekani for UIDAI Project.

(ii) Compulsory Retirement: Specific clauses under All India Services and Central Services Conduct

Rules have been invoked to sack officers on grounds of incompetence and/or corruption. E.g. Two

officers were recently given early retirement under “All India Death Cum Retirement Rule”.

(iii) Technology: Infusing more and more technology like Artificial Intelligence into every touch point

where a citizen interacts with government for services like passports, licenses, permits.

(iv) Change in Service Allocation Criterion: Department of Personnel and Training

(DoPT)recommended that allocation of services should be after including Foundation Course score

too and not just on basis of UPSC exam score.

(v) There is need to “put to pasture” those due to whom administrative rigor mortis has set in- if someone

is not found suitable in the IAS/IPS/IRS/IFS after about 15 years, i.e. at the Joint Secretary level, shift

them out to non-crucial posts.

(vi) The advent of big data provides a natural opportunity to use metrics on officer’s performance in the

field to inform promotion and retention decisions, after all seniority is inefficient to decide promotion.

(vii) The recommendations of Second ARC should be taken into consideration like setting up of National

Institute of Public Administration (NIPA), modification in exam structure etc.

(viii) The Baswan Committee’s recommendations regarding changes in civil services examination, reducing

age of aspirants and many more should be given due consideration.

(ix) It is time to give “e-governance” the due importance it holds in 21st century India to reduce Red

tapism and prevalent corruption in bureaucracy.

(x) The induction of officers of the State Civil Services into the IAS should be done by the UPSC on the

basis of a common examination.

(xi) A monitoring mechanism should be set up for overseeing the implementation of the National Training

Policy (1996).

(xii) The composition of governing bodies of the national training institutions such as the LBSNAA, SVPNPA,

IGNFA and also the State Administrative Training Institutes should be broadened by inducting eminent

experts.

(xiii) The Committee to Review In-Service Training of IAS officers, (Yugandhar Committee, 2003)

recommended the need for three mid-career training programmes in the 12th, 20th and 28th years of

service. Trainings at these 3 stages was suggested as there is a “major shift” in the nature of work of

the officer, at these stages of their career.

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(xiv) The first ARC recommended that the departments and organizations which were in direct charge of

development programmes should introduce performance budgeting. The ARC also recommended the

establishment of two special institutions, the LokPal to deal with complaints against the administrative

acts of Ministers and Secretaries to the government at the Centre and the Lokayuktas to deal with

such complaints in States.

Way Forward:

Significant change in the quality and content of administration necessarily involves a system approach

based on laying down key result areas, both at strategic and implementation levels, their effective monitoring,

well designed performance incentive systems, performance agreements, structural changes — all these as

part of one system with deep and sustained commitment at the top. It is time to pay heed to Sardar Patel’s

speech to the Assembly in October 1949: “The Indian Union will go. You will not have a united India if

you do not have a good All India Services which has independence to speak out its advice.

Q.3. Evaluate the problems and prospects of ‘Prevention of Corruption (Amendment) Bill, 2018’.

(10 Marks)

Ans : The Parliament has passed Prevention of Corruption (Amendment) Bill 2018 to enhance transparency and

accountability of the government and make anti-graft provisions under the law stringent. The Bill amends

various provisions of Prevention of Corruption Act (PCA), 1988.

Key Features of Bill:

1. Giving bribe made punishable offence:

The Bill introduces offence of ‘giving a bribe’ as direct offence. Person who is compelled to give bribe

who reports matter to law enforcement authorities within seven days will not be charged with this

offence. It makes specific provisions related to giving a bribe to a public servant, and giving a bribe by

a commercial organisation.

2. Redefines Criminal misconduct:

The bill redefines provisions related to criminal misconduct to only cover two types of offences viz.

illicit enrichmen... illicit enrichment (such as amassing of assets disproportionate to one’s known income

sources) and fraudulent misappropriation of property.

3. Prior approval for investigation:

It makes mandatory for taking prior approval of relevant Government or competent authority to

conduct any investigation into offence alleged to have been committed by a public servan. Such approval

will be not necessary in cases that involve cases that involve arrest of person on spot on charge of

taking a bribe.


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4. Trial Time limit :

The bill set trail time period within two if it is handled by special judge. In case of delays, reasons for

it must be recorded for every extension of six months obtained. However, total period for completion

of trial may not exceed four years.

5. Penalties for offences : The Bill modifies definitions and penalties for offences related to taking

bribe, being habitual offender and abetting offence. It also introduces powers and procedures for

attachment and forfeiture of property of public servants accused of corruption.

Problems of the bill

Some critics argue that It severely dilutes a clause that is crucial to fight cases of “consensual corruption”,

which is typically how corruption in high places happens.

Clause 17A of the Bill, which requires that before any inquiry or investigation is initiated against a

public servant for offences under the law, prior approval has to be obtained from the higher authority

(overseeing the public servant accused of the offence). But this benefit is not applicable to all public

servants — only those whose “recommendations” or “decisions” are the subject matter of the accusation

of bribery. In the absence of a definition of “recommendation” or “decision”, this provision is open to

misuse.

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The amendments do carve out an exception for those who are “compelled”, or forced, to give a bribe

or an undue advantage. This exception only applies if they report the matter within seven days after

being forced to give the bribe.

The amendment Bill has not mentioned who the concerned authority is for providing sanctions for

investigating a public official.

Prospects of the bill

In the older law, bribe givers were not considered accused. At the most, they could be prosecuted as

having abetted the corruption. The amendments, however, expressly criminalise bribe giving as well as

bribe taking.

The amendments allow for “commercial entities” – corporations or partnership firms or even any

association of people that does business in India – to be listed as accused in a corruption case.

It forces investigation agencies to get sanction before even starting an inquiry into the actions of a

public servant, it expressly criminalises bribe-giving, and makes it possible for companies to be added

as accused in corruption cases

The amendments narrow down the definition of a corrupt public official significantly, by adding the test

of intention, meaning prosecuting agencies will have to prove a conspiracy to carry out corrupt acts,

rather than simply pointing to disproportionate assets or questionable actions. It will help to save the

honest officials.

Way Forward

Overall this legislation is balancing the act of punishing the corrupt officials and saving the honest ones.

But the issue which is most pressing is that it is written in this law that the Lokpal will give the permission

to conduct investigation. Who will do the investigation as Lokpal is not appointed yet.

Q.4. What do you understand by civil services’ activism? Analyze its implications on the functioning ofdemocracy? (10 Marks)

Ans :

Civil services activism includes all or any of those proactive steps taken by civil servant to make the

administration more people centric, transparent, accountable and more efficient.The implications of Civil

Services Activism on the functioning of democracy have both- positive as well as negative sides, which can

be analyzed as follows:

Positive Implications :

(i) Benefit to weaker section : As most of the causes of civil service activism are pro-poor, pro-

people, or pro-environment, the weaker section gets the due justice. E.g. Deepak Rawat, DM

Haridwar is known for his proactive steps towards poor & marginalized.


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(ii) Good Governance : Civil service activism brings new concept, ideas, and innovative solutions to

governance. E.g. Use of Bamboo based fully residential school and local tribal language in left wing

extremism affected areas of Chhattisgarh helped reduce dropout rates. E.g. Kiran Bedi actively

brought reforms in jails through innovative methods like vocational courses in prison, yoga, meditation.

(iii) Role Model for younger generation : Civil service activism makes the bureaucrats an inspiration

to the upcoming generation. E.g. T. N. Seshan (former CEC) fought a tough battle to bring down

electoral malpractices and making EC an efficient and transparent body. E.g. Vinod Rai bluntly

commented on irresponsible manner of coal block allocations.

Negative Implications :

(i) Conflict of Interest : At times proactiveness in work leads to a conflict between personal and

public interests. E.g. ex-RPSC Chairman Habib Khan Gauran case.

(ii) Politicization of Civil service : Civil service activism at times creates a nexus between politicians

and civil servants, who prefer vested interests over national interests and kills the very objective of

activism. E.g. Post Retirement allurement often makes a servant do wrong when in service.

(iii) Executive-Civil Servants stand-off: The civil servants have to face frequent transfers or even

commit suicide at times for their proactive approach, if it is against the will of the executive. E.g.

Ashok Khemka faced 51 transfers in his service.

(iv) Strain with seniors and Peer Group Pressure: Most of the time the anti-government stands by

the bureaucrats is not backed by their seniors even if the issue is pro-people or of urgent importance.

The point is that a civil servant can be neutral and yet an activist within the system for a larger cause and

the public good. If conduct rules are faulty and stifling; they need to be rectified. Otherwise the only way

out is to use internal channels rather than mount a public platform. An activist is no longer a backroom boy

but one who give up anonymity for a large cause, thus making a dent in traditional concept of civil service

neutrality.

Conclusion :

One cannot be a ‘deadwood’ civil servant i.e. just be a mute spectator of corruption, irregularities and

inaction. In fact, civil servant activists are better than the people who do all the wrong things in a right way.

Thus, civil servants’ activism is a ray of hope and now since the value system of administration is changing,

civil servants’ activism should be given acceptance also.

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Q. 5. How do you assess the contemporary bureaucratic culture in India? What measures can be takento make bureaucracy, less bureaucratic? (10 Marks)

Ans :

Hints:

Apart from the Legislature, the Executive and the Judiciary, the Bureaucracy is the fourth branch of the

government.

The contemporary bureaucratic culture includes the concepts of customers, service, quality, value, flexibility,

innovation, empowerment and continuous improvement. Key influence to the rise of a post-bureaucratic

ethos is to encourage organizations to develop more entrepreneurial forms of governance in order to

secure greater flexibility.

Bureaucracy is directly under the executive branch of the government and its function is tocarry out the

day to day functions of the government of the government including various laws.

Bureaucracy is also mentioned as an instrument of change which not only plays role in the developmental

sphere but also as integrative force for building a sense of nationhood and national solidarity.

But, bureaucracy is considered ‘bureaucratic’ due to following characteristics:

1. Hierarchical : Lower official is subject to control and supervision of higher office

2. Rule bound : May lead to excessive red tapism and policy paralysis.

3. Impersonal relationships : Decisions are solely governed by rational factors which goes against

values of empathy, compassion considered pre-requisites today

4. Resistance to change and inclination for conformity

5. Fragmentation and segmentation of roles.

6. Limited rewards for good performance and sanctions for bad

7. Focus on files and paperwork with little attention to integration, linkages, people management.

8. Lack of emphasis on time-lines.

Measures can be taken to make bureaucracy, less bureaucratic

Time Bound Targets : There are well documented bottle-necks regarding files being stuck. Now

we have IT at our disposal, and we must use it for effective monitoring. Example: Proactive Governance

and Timely Implementation - A software in PMO.

Transparency in Posting and Transfers : Recently a City Police Commissioner was transferred

amidst on-going investigation in a high-profile case. The relevant authority was by-passed. This does

not boost the morale of officers and hence the poor performance. Matters related to posting and

transfers must be institutionalized and insulated from political influence.


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Free to perform duty : Adequate protection in terms of tenure and personal security must be ensured.

Ex.: Mysterious death of IAS Officer D. Ravi in Karnataka; IPS officer in UP unable to file FIR

against threatening politician. These are instances which bring in inefficiency for no fault of the

bureaucracy.

Incentivize Performance : Promotion must take into consideration performance thus far.

Take firm action against erring officers : Using disciplinary provisions in existing laws.

Q.6. The real problems of the civil services are not with the recruitment but with what happens after theofficer joins the system. However, recently proposed cadre and service allocation policy for civilservants will affect recruitment process as well. Analyse. (15 Marks)

Ans :

The civil service is a subdivision of government which is usually grouped with the Executive, these are men

and women who establish the permanent staff of government departments and are expert administrators.

The civil services by quality of its knowledge, experience and understanding of public affairs supports the

chosen representatives to devise effectual policy and bears the responsibility to implement policies for the

welfare of society and enhancement of nation.

The UPSC is the recruitment agency for the Higher Civil Services for the Central Government and the State

Government. The UPSC is not part of government and recruits officers on the basis of open competition.

The recruitment process of civil servants follows highest standards and credibility of UPSC is unchallenged

at any level. But after joining service, the problems faced by civil servants on the job are manifold:

Political interference : The first and foremost challenge is the dispute between the civil servant

officers and politicians, due to difference in opinion, corruption, using public office for personal use

and protection given to criminals and lawbreakers by the MP and MLA. At the point, the civil servant

is either transferred or kept under the dread of getting executed.

Transfers : the price of being honest is often paid by yearly or even monthly transfers by civil servants,

which also affects a civil servant’s family.

Frustration: The civil servant has to be always collaborative, where one has to work with legislators,

authorities, and citizens; and officers encounter greatest anxiety and stress when they need to face a

substantial number of vulnerabilities.

Lack of recognition : It is not mandatory that a civil servant’s work will be recognized and appreciated

every time.

Low salaries and wages : The conditions of service are not attractive so a civil servant is always not

satisfied at work and feels less motivated to work with honesty.

Insufficient funds : One major problem of the Civil Service is the inadequacy of funds to carry out

their core mandate. For this reason, there is no money made available to carry out their duties.

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Red tapism : Work in the civil service is highly procedural so the personnel are expected to follow

laid down procedures in carrying out their functions. This creates a lot of delays and makes the service

highly bureaucratic.

Nepotism and favouritism : The Civil Service has a problem with nepotism. People are recruited

into the Civil Service efficiently but are assigned responsibilities as per of their relationship with a top

politician or a ‘big man’ somewhere.

The ministry of personnel is mooting a change in cadre and service allocation policy of IAS, IPS and

All India Service officers, wherein the probationers would be allocated the services and cadre based on

their performance during the foundation course. This might provide a better assessment of candidates and

their suitability to various cadres. Currently the civil servants are allocated cadres and service before

starting of the course. However, the new policy has introduced some challenges in the recruitment process:

Article 320(1) confers the power to conduct CSE on UPSC only. If the marks secured in the foundation

course in the training academy are included for allocation for services, it would make the training

academy an extended wing of the UPSC, which it is not. Therefore the new proposal violates Article

320(1).

The Director and faculty members of the training academy are usually career civil servants on deputation,

who do not enjoy the constitutional protection under article 316 and 319. They might be pressurised

by politicians, senior bureaucrats to favor certain candidates.

There are chances of corruption in the form of ‘marks for money’ in the training academy. Politicisation

and communalisation of the services are likely to take place from the beginning.

The training academy can handle 400 candidates in the foundation course with only about 12 faculty

members. The trainer-trainee ratio for the foundation course is very high, and it will be impossible to

do the kind of rigorous and objective evaluation that is required under the government’s new proposal.

The new proposal seeks to tinker with precisely that aspect of the civil services that is least in need of

reform i.e. recruitment. The real problems of the civil services are with what happens after an officer joins

the system. Rigid rule bound bureaucracies should be changed into flexible and action-oriented, training

of civil servants should be able to bring about behavioural and attitudinal changes.

Q.7. In India the idea of Lateral entry into senior bureaucracy is not new. However there is anapprehension that ‘lateral entry’ could be simply another name for the nefarious Spoils System.Analyse in the recent move of Government opting for lateral entry at the Joint-secretary level.

(15 Marks)

Ans : Governance involves process of decision making, implementation as well as effective delivery of services

to citizens. Civil servants play key role in governance of the country.


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In today’s world, administration has increasingly become complex. Lateral entry is direct entry into high

echelons of bureaucracy, bypassing normal course of selection. It is not entirely new in India. Domain

experts have been brought in from outside the services to head various committees, advisory bodies and

organizations. Nandan Nilekani, Montek Singh Ahluwalia, Vijay Kelkar, Arvind Subramanian and Raghuram

Rajan are all cases in point.

Both the Niti Aayog and the Planning Commission before it have allowed for lateral entry. And some

states such as Jharkhand are now experimenting with it as well. Recently, instructions have come from the

Prime Minister’s Office to prepare a broad outline of modalities for selecting private individuals for

appointment in the ranks of deputy secretary, director and joint secretary. The move was in response to

a central government staffing policy paper where the DoPT had indicated a huge shortage of officers in

the middle management level.

Rationality behind lateral entry :

1. In a 21st century economy, a quarter century after liberalization, the need for specialized skills and

knowledge to inform policy-making and administration is more important than ever.

2. The first ARC had pointed out the need for specialization as far back as in 1965.

3. The Surinder Nath Committee and the Hota Committee followed suit in 2003 and 2004, respectively,

as did the second ARC.

4. While there is a higher chance of junior officers who have acquired specialized knowledge and skills

gaining much-prized Central government postings, there is no correlation between the postings and

their area of specialization. That correlation comes into existence only at a late-career stage. Political

interference and the use of transfers as carrot and stick further complicate the picture, often making it

difficult for bureaucrats to stay in a posting long enough to gain relevant expertise. Thus the need for

lateral entry.

5. Australia, Belgium, New Zealand, the UK, the Netherlands and the US identify specific senior positions

that are open to appointments from a wider pool of civil servants as well as private-sector executives

with relevant domain experience. Lateral entrants bring their own work culture, and this enables renewal

and adaptation in government organisations.

6. Lateral entrants could also induce competition within the system. When civil servants are made to

compete with outside talent, the lethargic attitude will diminish. So the prospects of lateral entry will

always propel overall efficiency.

7. Civil servants should also be encouraged to move out and work for different sectors on a short-term

basis to enrich their knowledge and enhance their motivation and efficiency.

Therefore, lateral exit is as important as lateral entry.

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Need for Lateral Entry :

1. Shortfall in numbers

There is an overall 20% shortfall of IAS cadre officers alone in 24 state cadres. The Baswan Committee

(2016) has shown how large states such as Bihar, Madhya Pradesh and Rajasthan have a deficit of 75

to over 100 officers and their unwillingness to sponsor officers to go to the Centre on deputation is

understandable. Lateral induction is, therefore, a small step towards essential housekeeping in central

government staffing and ought to be supported.

2. Target oriented

Outside talent from the private sector is more likely to be target-oriented, which will improve the

performance of the government. Also, more competition will encourage career civil servants to develop

expertise in areas of their choice.

3. Improved governance

The conventional wisdom on lateral entry is that it infuses new thinking into an insular, complacent and

often archaic bureaucracy. It enables the entry of right-minded professionals and the adoption of best

practices for improving governance.

4. Efficient and effective delivery of services

Ex: Nandan nilekani – Aadhar today has eliminated ghost beneficiaries and delivered services to the

needy..

5. Certain areas like economic affairs, commerce, climate change, new and renewable energy have

become significant in today’s globalized world where technical expertise from outside talent comes

handy.

Ex: Former PM of India Manmohan Singh was a lateral entrant who anchored LPG reforms of 1991.

6. Will infuse fresh energy, lead to increasing competition among bureaucrats to develop expertise in their

area of choice.

However the need and benefits of lateral entry also poses a challenge of spoils system. In politics and

government, a spoils system (also known as a patronage system) is a practice in which a political party,

after winning an election, gives government civil service jobs to its supporters, friends, and relatives as a

reward for working toward victory, and as an incentive to keep working for the party—as opposed to a

merit system, where offices are awarded on the basis of some measure of merit, independent of political

activity.

Issues with lateral entry could be:

1. The proposal for lateral entry at senior decision-making levels, besides increasing the disconnect

between policymaking and implementation, will also result in inequitable sharing of the benefits and


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burdens of government service, with permanent civil servants left to bear the burden of “humble”

implementation and lateral entrants getting access to “glamorous” policymaking positions, without

having roughed it out in remote and rural India in the rough and tumble of Indian democracy.

2. While there would certainly be a beeline for lateral entrants to join top policymaking positions, there

would be no such great desire to serve the country at the ground level.

3. Deters the available talent : The best talent can be attracted only if there is reasonable assurance of

reaching top level managerial positions. This is true for government service as much as the private

sector. Any dilution of the potential horizon for growth would discourage competent and motivated

people.

4. By suggesting a contract-based system for positions of joint secretary and above, the signal would be

sent out that only mid-career positions would be within reach in about 15-18 years of service and

there would be considerable uncertainty about career progression thereafter. Coupled with unattractive

salary scales and non-entitlement to defined pension since 2004, this would become a potent trinity to

deter talented persons from aspiring to civil service careers.

5. Discontent among the government personnel and difficulty in assessing performance

6. Bureaucratic resistance and institutional inertia of the civil services

7. The present system of ‘frequent and arbitrary transfers’ hinder gaining of the relevant experience by

incumbent officers

8. Lack of exposure to socio- cultural realities: The exposure and sensitivity to the country’s complex

socio-political milieu and to the needs of the common man, which widespread field experience provides

to these Services, may not be available in the private sector since the private sector does not have the

same width and depth of exposure to this type of field experience

9. Little impact on field level implementation. Lateral entry only at top level policy making positions may

have little impact on field level implementation, given the multiple linksin the chain of command from

the Union Government to a rural village.

Though entry into India’s civil services is highly competitive, perverse incentives, lack of specialisation

and political interference have eroded their effectiveness. It is thus imperative to revamp the Civil Services.

A good managerial system encourages and nurtures talent from within instead of seeking to induct leadership

from outside. Any failure in this matter is primarily a failure of the system to identify and nurture talent at

the appropriate stage. Though short term solution could be a short term solution, in a longer run ,the

remedy lies not through lateral induction but through more rigorous performance appraisal and improved

personnel management.

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1) Fast-track promotions for promising young bureaucrats

The lack of incentives for India’s bureaucrats, monetary and in terms of career progression, is a majorreason they are averse to disruptive ideas. Unfortunately, for many officers, especially lower down therung, promotion is mainly decided by seniority rather than performance

2) Offer performance-based incentives tied to district-level outcomes

Recent research shows an IAS officer can exercise significant influence on their district’s social andeconomic outcomes. This offers an opportunity to design incentives for bureaucrats that are linked totheir district’s annual development indicators. Such incentives would tie-in well with the government’snew “360 degree” performance appraisal mechanism for senior bureaucrats, whereby officers are gradedbased on comprehensive feedback from their superiors, juniors and external stakeholders.

3) Set up public administration universities for aspiring and serving civil servants

The government should establish academic centres of excellence, similar to the Indian Institute of Technologyor the Indian Institute of Management for public administration

4) Make bureaucratic decision-making less top-down and more transparent

The British designed the Indian Civil Service with the primary aim of maintaining law and order andpursuing state-led development while remaining insulated from the needs of the masses. India must transitionaway from this obsolete top-down approach by increasing transparency in decision-making, appointmentsand transfers across the civil services. The goal must be to create an outward-facing IAS whoseadministrative decisions are open to the public for information and consultation.

5) Adapt French model:

In France, the top bureaucrats are selected on the basis of their specialised knowledge of the subjectsthey would be called upon to handle. They are posted in departments as per their specialization. Theycontribute constructively in that department on the basis of their knowledge and also in the process gainsufficient knowledge and experience in that department. When they become senior and gain enoughexperience and achieve mature & broad outlook they are posted in the top policy-making positions orgeneralist posts. This has many advantages - specialists can handle complex and difficult situationsefficiently, there is better crisis management, the jobs are performed swiftly, the approach is task-oriented& not rules-oriented, positive thinking is developed amongst the bureaucrats and finally this will removeall types of ill feelings and intra cadre rivalries.

Conclusion

India’s civil services need reform. There is little argument about this. Internal reforms—such as insulationfrom political pressure and career paths linked to specialization—and external reforms such as lateralentry are complementary, addressing the same deficiencies from different angles. There has to be acombination of lay, elected, political, benevolent, generalist, minister head and a specialist, experienced,

mature, well-trained crisis expert, neutral, bureaucrat-civil servants in Indian bureaucracy.


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Q. 8. In the era of E-Governance, specialists have a greater role to play, but our entire administrationstructure is designed around "Generalists". Elaborate. (15 Marks)

Ans : Hints

The generalists and specialists are two broad functional categories in the Government. They play a very

important role in rendering advice to the political executives, policy making and inimplementation of policies.

Simplest case for the generalist is that the administrative function does not depend on any single form of

technical expertise and that the specialist, therefore, has no particular qualifications for this sort of work. A

specialist is one who has special knowledge in some particular field.

In favor of Specialists:

A developing country like India requires scientific and not an administrative outlook; generalists lack in

scientific temper which planned development needs

Specialist inputs are required in tackling the complex and technical problems of modern administration

which have become quite technical. Also, the various areas in administration call for varied skills,

expertise and experience. 'Planning" and 'development' in a scientific world demand that policy making

be entrusted to experts.

Ministration in future is going to be characterized by new developments in the fields of science and

technology, social and behavioral sciences, decision-making, human relations in administration etc.

Each of these areas required professionality intervention.

New type of assignment to a civil servant demands competence academic requisites and specialized

training may impart it. In a department the political head, i.e. The Minister is not supposed to be an

expert. He is assisted by a civil servant who tenders advice in policy formulation and administration.

But if the head of a technical department also is not an expert, then we are likely to fail in coming to

grips with the problems.

The bureaucracy mostly generalists have been given the task of looking after economic policies, macro-

management of fiscal issues, control and regulation of currency, banking and insurance, financial

institutions, municipalities and corporations etc. almost the entire gamut of nation's life. It has alienated

many of the best and brightest products of higher institutions of learning.

In favor of Generalists:

The first and foremost of these arguments is the belief that the high caliber of the recruits to the IAS

and the varied experience gained as a result of their postings to a diverse variety of jobs equip them

with qualities needed for the performance of the senior management jobs.

Mere technical soundness is not enough. It is argued that a scheme should not only be technically

sound but has also to be examined from various other points of view, its financial and legal implications,

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administrative feasibility, political justifiability and whether it should be acceptable to Parliament and

public.

Generalists have the ability to reconcile conflicting interests and bring together experts from different

fields and evolve a policy which will sub serve to the common good, even by sacrificing, if necessary

technical excellence.

The Generalists argue that administration has become so complex that it requires a high degree of

managerial skill including man-management and it has developed into a technique which can be learnt

partly by training but largely by experience over the years.

The generalists also play a dominant role in problem solving sphere. Since most important techno-

professional work in the governmental organizations has become inter disciplinary, one arbiter in the

form of a generalist administrator is needed to articulate a rational, cost effective, most beneficial

alternative solution.

The generalists also argue that the effectiveness of a technical expert depends on his specialization in

department in a particular field and not on broad outlook. His outlook lacks wider perspective and

tends to be narrow and sectarian.

By appointing an eminent surgeon as Health Secretary, the country will lose his services as a surgeon

and he may not also turn out to be an able administrator.

Lateral entry of experts into the civil service is set to energize Indian administration, but it can create

problems of accountability. In the light of the statement, discuss the possible advantages and

disadvantages of the proposal.

Q.9. Do you think Article 311 of Indian constitution has led to a climate of excessive security withoutfear of penalty? Critically analyse the case for repealing Article 311 of the Indian constitution.

(15 Marks)

Ans : Civil servants in India enjoy unique protection under article 311 of the constitution which enables them to

take decisions in free and fair manner. As per article 311 no person of civil services in India can be removed

or dismissed by authority subordinate to that by which he was appointed. Further, Article 311 provides that

they can be romved or dismissed or reduced in rank only after an enquiry. Civil servants should be informed

of all the charges they face and should be given adequate opportunity of being heard.

Article 311 has been a matter of much debate due to the strong safeguards it provides which confer

extraordinary job security and embolden misconduct. However, they are considered necessary to prevent

arbitrary removal.

Those supporting retention of the Article state that:

1. Problem is not the provision but the maze of procedures and conflicting judicial interpretation.


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2. Rules that govern departmental inquiries are the problem, not the article itself.

3. It has procedural safeguards against arbitrary removal, thus providing job security and enabling civil

servants to be frank and fair in giving advice and performing their duty.

There have been calls of its deletion as it is seen as one of the reasons behind bureaucraticcorruption. The arguments given are:

1. Number of times the protection given to the public servants under Article 311 are being used to create

obstacles in the path of expeditious punitive action for their corrupt practices. Thus it protects the

dishonest.

2. Need of prior sanction from the government for prosecuting a civil servant has impacted many

investigations pending in the country. Forfeiture of the proven disproportionate assets of corrupt civil

servants has also become difficult.

3. In a number of cases, the lower courts have rejected the actions taken by disciplinary authorities on

ground that they did not follow the technicalities provided in the article.

4. The provision of prior consent has given power in the hands of the political class. Thus, bureaucrats

prefer being in the good books of politicians, which may compromise their duty of giving free and fair

advice.

5. Article 311 does not say that the protection of that article extends only to persons who are permanent

members. Thus, the protections have got extended to a large number of persons working in a temporary

post, semi government and even cooperatives.

6. Also, these provisions are not in line with the practice followed in other countries like UK and USA,

where such investigation and punitive action is swift. No other constitution has such safeguards.

7. Writ jurisdiction provides adequate protection even without Article 311.

Thus, Article 311 has led to the situation where the procedure has become more important than the

substance. Removal will make the civil servants more responsive and efficient.

Way Forward:

As suggested by 2nd ARC, Article 311 should be repealed along Article 310, and legislation should be

passed under Article 309 to provide for the terms and conditions of service, including necessary protection

against arbitrary action. Along with this, the Corrupt Public Servants (Forfeiture of Property) Bill as

suggested by the Law Commission should be enacted and the new Prevention of Corruption (Amendment)

Act, 2018 should be implemented in its true spirit. The rights of civil servants should be subordinate to

public interest.

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Q.10. Police force is over burdened especially at lower levels where constabulary is forced to work

continuously 14-16 hrs and also for 7 days a week. It adversely impacts their performance. What

is the status of police reforms in India? Discuss measures to improve the functioning of the police

force. (15 Marks)

Ans :

The present organisation setup of police is based on the Police Act of 1861, which is not suited for

current times because an authoritarian police of the imperial regime cannot function well in a democratic

country. Though a series of commissions have been appointed on the subject of police reforms like

National Police Commission, Ribeiro Committee, Padmanabhaiah Committee, etc, they did not translate

into any legislative changes.

Police is a State subject, and hence states can enact any law on the subject of police. But most of the

states are following the archaic Indian Police Act 1861 with a few modifications.

While the sanctioned police strength was 181 police per lakh persons in 2016 when the United Nations

recommended standard is 222 police per lakh persons. 86% of the state police comprises of constabulary.

Constables are typically promoted once during their service. This could weaken their incentive to perform

well.

Suggested police reforms:

1. Improving police infrastructure

Failure of police infrastructure like vehicles, weaponry. Also audits have found that the POLNET

network is non-functional in various states. For example, an audit of the Gujarat police force reported

that the network had not been operationalised till October 2015 due to non-installation of essential

infrastructure, such as remote subscriber units and generator sets.

Funds dedicated for modernisation of infrastructure are typically not utilised fully. For example, in

2015-16, only 14% of such funds were used by the states.

2. Political influence :

Second Administrative Reforms Commission has noted that ministers have used police forces for

personal and political reasons.

3. Police accountability :

Police forces have the authority to exercise force to enforce laws and maintain law and order in a

state. However, this power may be misused in several ways. For example, in India, various kinds of


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complaints are made against the police including complaints of unwarranted arrests, unlawful searches,

torture and custodial rapes.

4. Poor quality of investigation :

Crime per lakh population has increased by 28% over the last decade (2005-2015). However,

convictions have been low. So it shows the poor quality of investigation. The Law Commission and

the Second Administrative Reforms Commission have noted that state police officers often neglect

investigation because they are understaffed and overburdened with various kinds of tasks. Further,

they lack the training and the expertise required to conduct professional investigations. They also have

insufficient legal knowledge and the forensic and cyber infrastructure available to them is both inadequate

and outdated. In light of this, police forces may use force and torture to secure evidence. Crime

investigations may be influenced by political or other extraneous considerations

5. Forensic labs:

Expert bodies have however said that these laboratories are short of funds and qualified staff.Further,

there is indiscriminate referencing of cases to these labs resulting in high pendency.

6. Lack of co-ordination between centre and states is matter related to maintenance of law & order

results in ineffective functioning of police force.

7. Police force is not in the position to tackle present problems of cyber crime, global terrorism, naxalism

because of structural weaknesses.

Reforms needed :

1. Directions of the Supreme Court in Prakash Singh vs Union of India : (given in depth for reference)

a) Constitute a State Security Commission in every state that will lay down policy for police functioning,

evaluate police performance, and ensure that state governments do not exercise unwarranted influence

on the police.

b) Constitute a Police Establishment Board in every state that will decide postings, transfers and

promotions for officers below the rank of Deputy Superintendent of Police, and make

recommendations to the state government for officers of higher ranks.

c) Constitute Police Complaints Authorities at the state and district levels to inquire into allegations of

serious misconduct and abuse of power by police personnel.

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d) Provide a minimum tenure of at least two years for the DGP and other key police officers (e.g.,

officers in charge of a police station and district) within the state forces, and the Chiefs of the

central forces to protect them against arbitrary transfers and postings.

e) Ensure that the DGP of state police is appointed from amongst three senior-most officers who

have been empanelled for the promotion by the Union Public Service Commission on the basis of

length of service, good record and experience.

f) Separate the investigation from the law and order to ensure speedier investigation, better expertise

and improved rapport with the people.

g) Constitute a National Security Commission to shortlist the candidates for appointment as Chiefs of

the central armed police forces.

Status : A recent study on compliance status of states and union territories with the Supreme Court

directives on police reforms indicate that there is a not a single case of full compliance. For instance,

regarding the constitution of State Security Commission, 27 out of 29 states have constituted it. Only

Jammu and Kashmir and Odisha had not established them. However, the composition and powers of the

State Security Commissions and the Police Establishment Boards were at variance with the Supreme

Court directions. For example, in states such as Bihar, Gujarat and Punjab, the StateSecurity Commission

were dominated by government and police officers. Further, many of these Commissions did not have the

power to issue binding recommendations.

2. Experts have recommended that the scope of the political executive’s power must be limited under law.

3. Investigation : Experts have recommended that states must have their own specialized investigation

units within the police force that are responsible for crime investigation.

4. Independent Complaints Authority : The Second Administrative Reforms Commission and the Supreme

Court have observed that there is a need to have an independent complaints authority to inquire into

cases of police misconduct. Example is that of the New York City Police which has a Civilian Complaint

Review Board comprising of civilians appointed by local government bodies and the police commissioner

to investigate into cases of police misconduct.

5. The Second Administrative Reforms Commission has recommended that one way to reduce the burden

of the police forces could be to outsource or redistribute some non-core police functions (such as traffic

management, disaster rescue and relief, and issuing of court summons) to government departments or

private agencies.


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6. Padmanabhaiah commission : It has also been recommended that constables, and the police force in

general, should receive greater training in soft skills given they need to deal with the public regularly.

7. Housing: Importance of providing housing to the constabulary (and generally to the police force) to

improve their efficiency and incentive to accept remote postings has also been emphasised by expert

bodies, such as the National Police Commission.

8. Community policing : Janamaithri Suraksha in Kerala --- This project is an initiative of the Kerala

Police to facilitate greater accessibility, close interaction and better understanding between the police and

local communities. For example, Beat Constables are required to know at least one family member of

every family living in his beat area.

Evidently, the political will to undertake meaningful reforms is lacking and its high time for Supreme Court

and public at large to step up pressure on the political executive, to create a police system which will suit the

needs of a modern democratic polity.

daily answer writing programme answer...6) 1989 : satish chandra committee report employment on...

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