r dnyanadeep's ias dnyanadeep constitution, polit… · 2. shortage of officers : the baswan...

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Daily Answer Writing Programme (Model Answers)

Q.1. The lateral entry is the need of hour for performance improvement and efficiency of civil servicesin India. Discuss. (12.5 marks)

Ans :Recently PMO has instructed the department of personnel and training to prepare a proposal for middle-rung lateral entry in ministries dealing with the economy and infrastructure. Many committees like SurendraNath, Hota and 2nd ARC have already recommended for that. Need of Lateral Entry :

1. Need for specialized skills and knowledge : In a 21st century economy, a quarter century afterLiberalization, need for specialized skills and knowledge for policy making and administration is vital.For e.g. Digital India , Artificial Intelligence etc.

2. Shortage of officers : 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. So Lateral entry is the rightstep in direction of filling vacancies.

3. For Better Governance and efficiency : The lateral entrants will infuse new ideas in system andadopt the best practices of private sector management. It will help in improving the performance andefficiency of administration.

4. International Experience : Australia, Belgium, New Zealand, the UK, the Netherlands and the USidentify specific senior positions that are open to appointments from a wider pool of civil servants aswell as private-sector executives with relevant domain experience.

Why this may not be good idea:i. Discontent among the government personnel : Large-scale lateral induction would affect the

motivation and dedication of talented officers.ii. Previous experiences : Whiz-kids from the private sector that ran Air India, Indian Airlines and

Vayudoot proved to be failures. The best managerial capability may not be able to deliver results in anadverse operating environment.

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Daily Answer Writing ProgrammeSubject : General Studies IIModule Name : Governance, Constitution, PolityTest No : 45

Mahesh Shinde Sir(Director, Dnyanadeep Academy)

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iii. Chances of favoritism : lateral entry would open the gates for a spoils system, drive talented peopleaway from a civil service career.

iv. Difficulty in assessing performance : It would be as difficult to measure the performance of lateralentrants as it would of career civil servants.

Way forward : The government could contemplate hiring outside talent to head certain projects and public-sector

entities where private-sector expertise could be invaluable. A credible agency like UPSC should be entrusted with the responsibility of recruitment. The recruitment and service rules for such posts have to be clearly defined and made incentive-

compatible.Although reforms in civil services are much needed but for that political will and involvement of bureaucracyis necessary.

Q.2. India needs directly elected and empowered Mayors for checking weak urban governance in itsbig cities. Do you agree? What are the roadblocks in bringing about this change? (12.5 marks)

Ans :The 74th Constitutional amendment provides the scheme for urban governance in India. Mayor is the headand official in-charge of the Municipal Corporations in India. But 74th Constitutional amendment does notspecify the manner and procedure of election of chairperson, unlike in Panchayats. Most Mayors in urbanIndia are indirectly elected by the elected members of the municipal corporations and have a largely ceremonialrole. Elected councilors, headed by the Mayor, serve as legislative wing; while the state-appointee MunicipalCommissioner is the executive head and has all the executive powers.However, the failure of the urban governance in India and the lack of accountability have led to the demandfor directly elected and more empowered Mayors, like in many great cities of the world such as London andNew York. The arguments in favour of direct election of mayors are as follows : Mayor, being the highest official of city, should represent the will of the people.

It will increase accountability of mayor and other local functionaries. An elected mayor with substantial powers of his own provides a single point for negotiations with outside

agencies and investors. He can also ensure greater coordination among the different city departments andpromotes decisive decision making.

It will reduce the enormous control exercised by the State governments over Urban Local Bodies —politically, administratively and financially- through Municipal Commissioner.

Directly elected with a fixed period of five years with greater financial and executive powers will allowMayors to provide the dynamic leadership that India’s sprawling urban centers need.

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But some roadblocks remain in the introduction of this change : Political reasons : A directly elected mayor executing projects will tend to gain popularity at the

expense of the local legislator who might work to undercut Mayor's authority. Possible gridlocks : Instead of enabling efficiency, it might actually result in gridlock in administration,

especially when the Mayor and the majority of elected members of the city council are not in sync.Also there may be situations when mayor is of one party and majority of the councilors are fromanother party which leads to conflicts and deadlocks e.g. Shimla Municipal Corporation recentlywitnessed such situation.

Resistance from bureaucracy and State : Currently, the actual power lies with the state government,which runs the city through the municipal commissioner and they does not wish to delegate powers.

Too much power : One concern is that abuse of authority by the Mayor with a fixed tenure cannot beeasily checked. However, like all democratic institutions, the council, public opinion and media will actas a check.

Requires changes in laws : A directly elected mayor would be effective only if the post carriesfinancial and executive powers. It calls for amendments to various Acts and laws, and these are likelyto be contested.

Way forward :At present, six states – Uttarakhand, Chhattisgarh, Jharkhand, Madhya Pradesh, Uttar Pradesh andTamil Nadu – provide for Mayors to be elected directly by voters for a five-year term. However, eventhey remain mere figureheads due to lack of powers delegated to them by the State government Reformsare needed to mandate the direct election of the Mayor, as suggested by 2nd Administrative ReformsCommittee.More importantly, they must fix the Mayor’s term, and make the Mayor the executive head of themunicipality. True to the spirit of 74th amendment, the State governments will have to ensure mandatorydevolution of functions to municipalities and a more robust fiscal decentralization.

Q.3. ‘Every revolution dissipates and leaves behind only the slime of a new bureaucracy’. Discuss theevolution and challenges of modern Indian bureaucracy in light of changing Indian society andsuggest the measures to reform this. (12.5 marks)

Ans :India inherited an extensive and well defined administrative set up from the British but the challenge to changeits spirit and motivation, attitude and direction remained to be accomplished. With independence the bureaucracywas expected to undertake the developmental role in addition to earlier regulatory role.The transformation of society depended crucially upon the transformation of this apparatus itself from beingSahibs to Sewaks. The ‘steel frame’ needed to flow with the spirit of service without which it becomes acage arresting change, frustrating innovation and ultimately becoming the cause of social unrest, disaffectionand violence.

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Evolution of Indian bureaucracy After independence culture of bureaucracy was a hangover of the colonial regime. It was centralist,

authoritarian and people avoiding. It was the ‘mai-bap’ concept that governed the relationship betweenthe rulers and ruled.

In 1970s, bureaucracy became more people centric. It started taking the views of people in decisionmaking but actual participative governance was still far away. After 1990s with many reforms likeLPG, World Bank report on Good governance, 73rd and 74th amendment etc.The bureaucracy has become more participative and people oriented. The concept of good governancewas further strengthened by reforms like RTI, e-governance etc.

Issues :Indian administrative services being the back bone of country is suffering from crisis of credibility and arein serious need of transformation. The reasons are rooted to-1. Fundamental issues : Indian bureaucracy is older than democracy. There is need to reform the

spirit, attitude, motivation and direction in this regard. Since it has to accommodate the concerns offederalism, rising aspiration of people and Constitutional values at same time.

2. Politicization : in transfers and promotions. For e.g.- Ashok khemka being transferred more than 45times in his career of 34 years, even scoring Excellent in annual confidential review

3. Capability building :With the advent of digital governance and new technologies, bureaucracy needto be trained to enhance efficiency and for participative governance.

4. New emerging issues : The issues like increasing urban flooding , moral policing, communalism,protest regarding reservation etc. has prompted the bureaucracy to think innovative ways to solvethese issues.

5. Article 311 protection has become debatable due to the dishonesty of some of the IAS officers. 2ndARC report clarified that protection must be given only to honest officers and offences with clearevidence like when caught while taking bribe must be directly prosecuted.

6. Gender inequality is one problem. Women constitute only a fifth of the officers.

Hence, the following measures have to be adopted:1. Officers should be asked to complete a diploma in whatever sector they desire a posting in. The ARC,

Hota committee both emphasized on domain specialization to be developed in CS through providingcompulsory training, Diploma etc. in area of interest.

2. The time period of posting has to be fixed to allow officials to understand the technical aspects.Frequent transfers are inimical to good governance.

3. The second ARC report points out that it is both possible and desirable to incorporate elements of aposition-based system where lateral entry and specialization are common.

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4. The advent of big data provides a natural opportunity to use metrics on officers’ performance in thefield to inform promotion and retention decisions. Seniority, after all, is a blunt instrument for decidingwho gets promoted and who does not.

5. The government should consider the proposal that officers deemed unfit for further service at specifiedcareer benchmarks be compulsorily retired through a transparent, uniform system of performancereview.

6. The government might contemplate allowing IAS officers to work more closely with their home states.For implementation of measures reforms in bureaucracy political will as well as demand from the peopleare required.

Q.4. In the context of issues related to accountability and autonomy in public sector enterprises, explainhow a balance can be struck between the two seemingly conflicting needs? (12.5 marks)

Ans :Under the planned economy model, public sector was envisaged as the commanding heights of the Indianeconomy. However, with a large number of public sector enterprises (PSE) failing and putting huge burdenon the government, the demand to reform them or privatize them has grown over the decades. The majorreasons for failure are pointed as the inability to find a balance between accountability and autonomy in thesePSEs. Conflict between Accountability and Autonomy in PSEs :

In the use of their productive resources, the PSEs are expected to operate with efficiency of privateenterprise. For this, there is a need for considerable level of autonomy together with higher accountabilityfor their results.

However, autonomy is crippled due to political and bureaucratic interference in decision making andexecutions. And with government appointed bureaucrats running the PSEs, often no one is heldaccountable for the poor performance. In the PSEs, we can find following three major types withvarying degree of accountability and autonomy. Departmental Undertaking : It is under the direct control of the departmental head who is

accountable to the minister concerned. The recruitment, appointment and conditions of servicesare similar to the government employees.

Public corporations : These have financial, personnel and managerial autonomy but at the sametime they are responsible and accountable to the government. They have to submit annual reportsand other documents to government.

Government companies : These are registered under companies act. These are autonomousbodies which work according to the companies act. The annual report on their working is presentedbefore parliament or state legislature.

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How to Balance Accountability and Autonomy?As public seeks to secure a higher level of accountability, the problem of balancing it with the need forautonomy arises. For autonomy, individual decisions should not be continuously scrutinized in the name ofaccountability further since PSEs involve public money, which is a sacred trust with those who handle it,greater accountability standards are needed. Rationalizing accountability standards to prevent decision-making paralysis : Accountability to parliament : LK Jha commission said that a parliamentary convention should

be established regarding the scope of questions and examination by various parliamentarycommittees. Rather than scrutinize day to day decisions, Parliament should concentrate onfundamental improvements.

Accountability to Audit : The proprietary audit conducted by the CAG has the advantage ofhindsight with which individual decisions are criticized. Audit should shift from individual decisionsto overall results. Individual decisions should only be considered in case of a prima facie malafideintention.

Mechanisms to balance the two : MOUs : One mechanism is to sign an MOU (Memorandum of Understanding) between PSEs

and the government in order to take care of all government interests, while ensuring operationalautonomy and managerial accountability.

‘Maharatna’ Scheme : The grant of Maharatna, Navratna and Miniratna status to Central PublicSector Enterprises (CPSEs) with increase in autonomy based on performances has been found tobe quite successful.

Holdcos : Alternatively, PSEs can be moved out of various ministries into an independent holdingcompany (Holdco), which could be professionally managed. A move in this regard is happeningwhere all the Public Sector Banks are being moved to a Holding company. The bank holdingcompany will have to leverage its assests and raise funds, so that government does not have toinfuse funds.

As LK Jha commission rightly said that there is no conflict between autonomy and accountability. The twocan go together. In the name of public accountability, if too many checks and controls are introduced, ithinders executive action. If in the name of autonomy, too much leeway is given, it dilutes the accountability ofmanagement. An effective balance is crucial for the efficient running of PSEs.

Q.5. “GST council will not only ensure proper tax governance in India but it will be a role model foroverall governance in the country.” In this context, critically examine the role of GST council inIndian governance. (12.5 marks)

Ans :As per Article 279A of the Constitution, the GST Council will be chaired by Union Finance Minister andcomprise Minister in charge of Finance or Taxation and Finance Minister nominated by each State Government

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as its member. It would take decisions regarding GST through a three-fourth majority. The Centre will haveone-third voting rights, while the states will have two-third.GST Council have decided on taxes to be subsumed or exempted by GST, the tax rate, model GST Laws,the threshold of turnover to decide applicability of GST, or any other matter under the new taxation regime.GST Council will also decide the system of resolving disputes arising out of its recommendations and anyother steps required to reform the indirect tax governance in the country. Not only in tax governance, GSTcouncil will be role model for overall governance as well.

Cooperative Federalism : Promotes cooperative federalism by conferring powers on both stateLegislatures and Parliament to make laws governing goods and services tax.

Accountability : The council will end the blame game among centre and stated regarding fiscal andeconomic situation. Now, both will be equally accountable.

Effective Decision making : Decisions will be taken by a committee rather than individual, thereforeeffective solutions can be produced.

Objectivity in the process : Lobbying by various interest groups like Corporate, Consumers, banksfor the favorable rates will be checked in wider national perspective. This will ensure transparency inpressure group politics.

Promotes Democracy : Decisions in GST council will be taken by a majority vote. Further, sincethree-fourth majority is required to pass a decision neither centre nor states would be able to pass adecision alone.

Transparency : The minutes of the meeting of the GST Council will be made public. The expertsoutside the council can also keep watch on the policy decisions.

Challenges/Issues : Financial Resources with Local Bodies : With no formula developed by GST council for revenue

sharing among states and local bodies and having little bargaining power of local bodies, GST maydefeat the purpose of 73rd & 74th amendment of making local bodies relevant.

Conflict of Interest in dispute resolution : The proposed GST Council as the dispute resolutionbody is criticized on the grounds that how can it resolve the disputes arising out of its ownrecommendations.

Centre or States alone can stall decision of each other : The GST Council provides veto powerto centre and state governments as Centre has one-third and the states have two-thirds of votingpower. Since, any decision will need three-fourth of the votes, thus, any of them can disapprove anydecision.

All states have exactly one vote : In effect, each State, irrespective of size, representation andGDP contribution, will command an equal vote. It may go against manufacturing states which are veryfew in numbers.

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Restriction on States power to levy indirect taxes : It will cause hardship for states at individuallevel to seek new indirect taxes to fund social spending.

Coordination : There are challenges of coordination between centre-state, inter-states and variousministries.

GST Council has successfully laid the platform for implementation of GST but, to succeed in future as aneffective deliberative and dispute resolution body, it should give adequate space to states, experts andvarious interest groups. Further, it should also look in the issue of empowering local bodies by properdevolution mechanism. In such case it can emerge as role model for Indian Federalism.

Q.6. What are Common Service Centres? How do they promote the concept of good governance?

(12.5 marks)Ans : Common Services Centre (CSC) programme is an initiative of the Ministry of Electronics & IT

(MeitY),that serve as the access points for delivery of various electronic services to villages in India,thereby contributing to a digitally and financially inclusive society.

It is a strategic cornerstone of the National e-Governance Plan (NeGP), as part of its commitment in theNational Common Minimum Programme to introduce e-governance on a massive scale.

CSC e-Governance Services India Limited is a Special Purpose Vehicle (CSC SPV) incorporated underthe Companies Act, 1956 by the MeitY, to monitor the implementation of the Common Services CentersScheme. It provides a centralized collaborative framework for delivery of services to citizens throughCSCs, besides ensuring systemic viability and sustainability of the scheme.

Advantages of CSCs :The CSCs would provide high quality and cost-effective video, voice and data content and services, inthe areas of e-governance, education, health, telemedicine, entertainment as well as other private services.A highlight of the CSCs is that it will offer web-enabled e-governance services in rural areas, includingapplication forms, certificates, and utility payments such as electricity, telephone and water bills.In addition to the universe of G2C services, a wide variety of content and services that areoffered are: Agriculture Services (Agriculture, Horticulture, Sericulture, Animal Husbandry, Fisheries, Veterinary) Education & Training Services (School, College, Vocational Education, Employment, etc.) Health Services (Telemedicine, Health Check-ups, Medicines) Rural Banking & Insurance Services (Micro-credit, Loans, Insurance) Entertainment Services (Movies, Television) Commercial Services (DTP, Printing, Internet Browsing, Village level BPO)

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They promote the concept of good governance : Accountability : Accountability can be attained in governance by making entire process simple,

clear and transparent, giving high priority to the needs and issues of society, ensuring security andsafety to citizens, and facilitating free flow of information.

Transparency : One important reason for the corruption is the unequal access to information orresources. The introduction of CSC scheme and ICT results in easy availability of information toeveryone thereby promoting transparency.

Participatory : The CSC is positioned as a change agent - that would promote rural entrepreneurship,build rural capacities and livelihoods, enable community participation and collective action for socialchange - through a bottom-up model with focus on the rural citizen

Effective and Efficient : The objective is to develop a platform that can enable Government, privateand social sector organizations to align their social and commercial goals for the benefit of the ruralpopulation in the remotest corners of the country through a combination of IT-based as well as non-IT-based services.

Easy and integrated service delivery : The CSC Scheme, will act as the front-end delivery pointsfor Government, private and social sector services to rural citizens of India, in an integrated manner.

Responsiveness : The actors involved in the governance process become responsive when they areable to provide necessary services and information in a reasonable time frame. CSCs in India canensure the timely delivery of services.

Equity and Inclusiveness : It ensures equal opportunity to all and also helps to ensure safety andsecurity to the citizen. CSC due to its wider reach promotes inclusiveness.

Undertaking such a mammoth task calls for active participation and close interaction amongst variousstakeholders such as State Governments, local bodies, opinion makers and agencies/ institutions involvedor having interest, commercial or otherwise, in rural areas/ markets.

Q.7. Independence of public institutions in a democracy is a barometer of governance. Comment. (12.5 marks)

Ans : Democracy as a concept is the interrelated set of ideas and democracy as a working model is the set of

interconnected but independent institutions. In order to make democracy working for the “demos (people)”,the various institutions are created.

To succeed in the development process, appropriate institutions based on democratic values need to beestablished which contribute to the development and improved governance.

In addition to a country's constitution and its critical provisions - freedom of expression, freedom ofassociation, and rule of law—governance-related institutions such as the civil service, the judiciary, andother local institutions need to be developed and made independent in their functioning to play a role inthe development and maintenance of a democratic culture.

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Governance and good governance : Governance is "the process of decision-making and theprocess by which decisions are implemented (or not implemented)".Good governance has to be built on the quality of organizations and public institution’s independence sothat development is based on this rather than simply relying only on political will, personal will of a strongleader and state power, which may not be sustainable over the longer term.

Elements of good governance : Good governance is achieved through an on-going discourse thatattempts to capture all of the considerations involved in assuring that stakeholder interests are addressedand reflected in policy initiatives, and independence of public institution is one of the most importantprinciples of it. Besides this, some other elements are Rule of Law, Transparency, Responsiveness,Consensus-Oriented, Equity and Inclusiveness, Effectiveness and Efficiency, Accountability, Participation.

Public institutions and governance : The highest among these institutions is the Parliament. Ideally, allthe people must participate in the decision making, but it becomes impossible to do so in the existinglimited developments in human institutions. And therefore there are many institutions that make democracya working institution for its main stakeholders: the people. The institutions must be independent in theirworking areas as that is the only way they can have checks and balances on other institutions

The Judiciary must be independent to check the “constitutionality” of the laws passed by the Parliament.Though the Parliament is entitled to pass laws, it cannot pass “any” law, the laws must pass the test ofconstitutionality. The independence of Judiciary is vital for the functioning of democracy.

The Election Commission (EC), to ensure a free and fair election and thereby improve governance mustnot be partisan to any political party and it should not serve the interest of any political party to safeguardthe democracy. Hence, its independence becomes imperative.

The Constitution of India is Comptroller and Auditor General of India (CAG) audits all the governmentexpenses and looks into financial matters from the point of view audits. It has such a power to check theGovernment that it is one of the biggest check and balance mechanism on the other institutions, and thiscan only be ensured by sufficient independence in its working.

Local government promote decentralization : Decentralization, a kind of autonomy local administration,is an effective tool for ensuring a greater match of the administrative agenda with expectations of thepeople.

Conclusion : India’s public institutions need to transform themselves into institutions of good governance that will be

result oriented and provide high quality and low-cost services to the citizens of India. Institutions need to become performance linked, in order to become revitalized. The push towards

greater efficiency of institutions should be balanced by the elements of effectiveness and independencewith respect to men, material, and appointments that would ensure inclusive growth and provision ofservices to all sections of society.

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Q.8. In order to ensure success of e-governance , India needs to bridge the digital divide. Examine. (12.5 marks)

Ans : In general, the digital divide is a phenomenon wherein those who have access to ICT are benefited by the

use of it. Their economic well being is ensured in the form of highly paid jobs and more businessopportunities, while those who do not have the access to ICT remain aloof of these benefits and hencecomparatively they are in a disadvantageous position.

About one third of Indian population is connected to internet. TRAI data recognizes that while urbanIndia has about 65% Internet subscriptions, rural India has about 20% internet penetration. Given thattotal Urban Population is much lower than total rural population, the Urban-Rural Digital divide is actuallymore acute.

E-governance is the short form of ‘electronic governance’. The application of ICT to governmentprocesses is called E-governance in short, and it can have a profound impact – on the efficiency,responsiveness and accountability of government; thereby, on the quality of life and productivity of citizens,especially the poor and ultimately, on the economic output and growth of the country as a whole.

Reasons For Existence Of Digital Divide First is the non availability of a reliable ICT infrastructure to access the internet. India has to import

the necessary ICT infrastructure. There is lack of resources to invest in information infrastructure, andresearch and development in India.

Secondly there are problems in accessing the internet regularly. There is the problem of connectivityi.e. availability of a fast, reliable and cost effective internet connection.Then there is the cost of accessing the internet which includes telephone tariff and line rental and costof Internet Service Provider (ISP).To this may be added the replacement cost of computer.

Thirdly education is one of the major factors hampering diffusion of ICT amongst masses. Only thosewho are not only literates but computer literates can really benefit from ICT.

Fourth reason is the availability of relevant material in one’s own language. The absence of relevantcontent in relevant language may act as a barrier to Internet access.

Fifth is the digital capacity of the society i.e., e-readiness. E-readiness is the capacity of the society toincorporate ICT in all its pursuits. The different segments of the society viz the households, business,the government etc. should be willing to accept and absorb ICT.

Measures To Bridge The Divide : Providing internet access at public places : The first step to be taken in this direction is to solve the

problem of non availability of infrastructure. Since it is impossible to give everyone the required

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infrastructure there can be community approach i.e. all have access to common facilities which areavailable at public places like schools and libraries.

Education matters most of all : The promotion of education and literacy generally, and digitalliteracy in particular, is a basic step to bridge the divide.

Exploring the various forms of ICT : Besides the Internet, there are other information andcommunications technologies which can be helpful. International Telecommunication Union has reportedthat mobile phones diffuse faster than the Internet. Thus mobile phones can become alternative routesof getting information because they are not as demanding as computers and the PC-based Internet interms of cost and skills. Even illiterates can use them.

Government policies and support : Enhanced governmental support in the form of budgetaryallocations, lower taxes and a regulatory framework are essential for the transition to the ICT society.Some of the initiatives of the government includes The Digital India Programme, Pradhan MantriGramin Digital Saksharta Abhiyan, Kisan Call Centre, Bhoomi Project

Conclusion :ICTs are one of the enabling tools to bridge digital divide. Creation of ICT infrastructure is at the core tothe technology innovation and economic development which ultimately in a planned manner will certainlylessen the gap.

Q.9. An important aspect of curtailing corruption is to minimize the discretionary powers available togovernment officers. Analyze. Also, suggest ways in which this can be achieved. (12.5 marks)

Ans :Legislation conferring powers on the executive is usually drafted in broad and general terms. This leaveslarge area of choice to the administrator to apply the law to actual, specific and factual situations, i.e. fromcase to case. “Discretionary powers” arise due to the necessity to individualize the exercise of power bythe administration.Discretionary power enables the official to evaluate situations according to their own subjective knowledgeand understanding Hence, it gives leeway to use as well as abuse and misuse of such powers. This may leadto despotism and arbitrariness. Discretion breeds corruption in one form or the other as:

It gives opportunity to nepotism and bribery to creep in. For example, in cases of a lack of fixedcriteria there is misuse of discretionary power during Interview for the selection lower staffs.

Personal prejudice and favors often lead to irrational decisions. For example handling law and ordersituation involving social or religious conflicts.

It may lead to officials violating the fundamental rights of citizens. For example, misuse of police powerto arrest, search and seizure, checking license etc.

It may lead to financial indiscipline and irregularities in the administrative works.

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However, discretionary powers are a necessary evil due to the complexity and varied nature of present dayproblems, which do not fall within the straight jacket formula of general rules. Even though controllingmechanisms both at internal (administrative review by superior officers) as well as external (legislative andjudicial control along with media checks) levels are already in place, yet more needs to be done. Ways through which misuse of discretionary powers of government officers can be minimized :

Supervisory officers to carry out inspections and specifically comment on how an officer has used herdiscretionary powers.

Adequate weightage to be given to the performance appraisal system in promotions. Precise legal drafting to avoid vague interpretation When violations of norms are noticed, damages must be awarded to the citizen for the wrong suffered,

upholding personal responsibility of the official concerned. Foundational and in-service training courses could lay more emphasis on the norms to be observed

when such powers are invoked. Promote citizen awareness and empowerment along with encouraging participative democracy and

rule of law. A transparent media can serve as a forum for mobilizing public opinions concerning governmental

activities. Formulation of a code of conduct and a code of ethics to guide the decision making process.

Q.10.Highlight the potential areas of conflict in the relationship between the political executive and thepermanent civil services. Also, discuss, in brief, the need for a more clear division of responsibilitybetween the two. (12.5 marks)

Ans : Parliamentary democracies are usually characterized by a permanent civil service which assists the politicalexecutive in policy formulation and its implementation. Their relationship is based on two important principles– neutrality and anonymity. Areas of potential conflict in relationship :

Ambiguity and adhocism in policy preferences : In a heterogenous society like India, there is lackof consensus on the goals pursued as well as on the best means to achieve those. This absence oflong- range view cannot provide clear directions to permanent executive.

Difference in Institutional mechanisms : The political executive needs to be more responsive tobe in constant touch with the societal demands. However, permanent executive tends to be less flexible,less enthusiastic about experiments, innovations and reforms. Thus, they may not always appreciatepolitical expediency

Violating norms of Neutrality : The norm of neutrality gets replaced by political patronage forpreferred postings and promotions. Arbitrary and motivated transfers of government servants are alsonot in public interest

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Difference in opinions in policy making : Civil Servants can only advise the politicians against apoor policy. They need to implement all policies and decisions of the ministers faithfully even if they arecontrary to the advice tendered by them.

Violating norms of anonymity : At times bureaucrats come out in open regarding their views violatinganonymity as happened in the recent Shah Faesal Tweet row, which hampers relationship between thetwo executives.

Interference in decision making : There is an increasing tendency in government departments tocentralize authority and even when the authority is delegated, there is tendency to interfere in decisionmaking of civil servants even in day-to-day functions.

Considering these potential areas of conflict, there is a need to clearly define the responsibilities betweenthe two due to: Lack of proper understanding of the functions and responsibilities of one another which leads to

encroachment in the domain of the other. Delay in implementation of the policies, which is a core function of civil servants. However, the

accountability for it falls upon the political executive. Arbitrariness in transfers as there is no clear and transparent transfer policy prescribed for civil servants. Lack of efficient functioning owing to the political interference even after delegation of responsibility to

the civil servants. Once powers are delegated, bureaucracy should be independent in its decisionmaking.

Clear division of responsibility may bring strict adherence to constitutional norms. An impartial civil serviceis responsible not only to the government but to the Constitution. If political executive follows constitutionalnorms in their decisions while keeping social realities also in minds, there should be less areas of frictionbetween the two.

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