Tuesday, November 27, 2012

Sunday, August 12, 2012

General Studies Paper 1 Notes General Studies Paper 2 Notes - Public Administration Theory ...

 

General Studies Paper 1 Notes of Om Kasera General Studies Paper 2 Notes of Om Kasera Public Administration Theory ...

http://mrunal.org/2012/07/download-topper-notes.html

Lethargy in Decision Making

Lethargy in Decision Making: Why Indian bureaucrats don’t take decisions?

Background

  • Given all the 2G, CWG, Adharsh scams, investigations and arrests, the bureaucrats have become quite cautious about Decision Making, and in many cases, they don’t take decision at all, don’t move the files, fearing repercussion in future either by media or by CAG.
  • But Decision Making = an important topic for Public Administration syllabus. So one should be prepared to face this question either in pub.ad or in interview.
  • Here is some fodder material / food for thought you can use for both Paper I and II.

What is the problem?

  • decision-making systems in the bureaucracy, at all levels, have become slow and inefficient.
  • It is a commonly held belief that even “good” decision-makers are no longer willing to take risks and that the passing of the buck and abdication of responsibility are reasons for the poor quality of decision-making.

What are the factors responsible for lethargy in decision-making?

  1. Risk : of adversely affecting one’s career advancement.
  2. inadequate knowledge of the matter- particularly of the techno-economic-social-environmental interfaces.
  3. lack of clarity of the time frame: whether short term medium term or long term
  4. the possibility of crossfire in a corporate warfare situation
  5. simultaneous media coverage hindering decision-making processes
  6. the interface of Parliament and the courts or audit in relation to accountability incidentally impinging on decision-making in an unconnected matter
  7. decision-maker is already immersed in a risk-averse environment, where even normal decision-making is often subject to prolonged, repeated or intense scrutiny, sometimes by people with inadequate knowledge of the relevant domain.
  8. where analytical tools are used unpredictably (for instance, legal instead of economic, or social instead of environmental)

Recent cases related to the allocation of natural resources, mining, defence acquisition, among others, can be analysed from this perspective.

How to fix the lethargy in Decision Making?

  1. By creating more transparency in the system and disclosure from those in the higher echelons of decision-making
  2. By developing and using systems and institutions to generate, manage and analyse techno-economic data;
  3. By fostering an informed stakeholder community of experts, media, civil society organisations, industry or sector associations.
  4. Encourage independent and semi-independent advisory bodies, techno-economic think-tanks, policy research institutions, sector regulatory bodies that can provide consultancies to departments, parliamentary committees, courts and civil society organisations.
  5. Create internal institutional units in technical and regulatory organisations for better evidence-based policy analysis.
  6. Have a stronger emphasis on creating competent hr. This has multiple implications in terms of the quality of recruitment, sufficiency of tenures, promotion of specialisation and facilitation of multidisciplinary expertise, among others.
  7. Have stronger engagement with parliamentary committees, including robust mechanisms to enable their secretariats to easily access technical and techno-economic analysis and advice.
  8. Encourage serving and retired senior policy-makers and technocrats to appear or write in the media, explaining or analysing public policy.
  9. Develop enterprise-level communication strategies as against programme-level strategies as at present, with professional inputs on an ongoing basis, so that the optimality of decisions can be seen in relation to outcomes and time horizons and as per the vision and strategy of the organisation or the department as a whole.
  10. In high-risk situations, high rewards (recognition, advancement, etc) are required not to encourage people to unnecessarily take risks, but to attract people who have the skills, experience and expertise to be able to mitigate risks.

Ref

http://www.indianexpress.com/story-print/975780/

http://www.mrunal.org

Saturday, August 11, 2012

Administrative Thinkers …

Elton Mayo

· Studies on industrial psychology are profound

· One of the pioneers of Human Relations Approach

· His work laid foundations for later works in highlighting the importance of “communications between the workers and the management”.

Influence: Psychologists Pierre Janet and Sigmund Freud

Major Contribution: Clinical Approach – focussing on physiological, psychological and economic aspects

Textile Mill, Experiment @ Philadelphia:

· Mill was considered as model organisation

· High employee/labour turnover in the mule-spinning dept.

Ø Single employee – 10 to 14 machines

Ø No communication between labourers – high noise

Ø Fatigued employees could not enjoy their social evenings after work

Mayo studied the physical, social and psychological angles

Rest periods given – symptoms of melancholy disappeared

New bonus scheme - Productivity increased

Labour turnover plummeted

Social interaction was encouraged - morale improved

Implications on Management Field:

Challenged the assumptions of “Rabble Hypothesis” (which assumes ‘mankind as a horde of unorganised individuals actuated by self- interest’)

Summary of TEXTILE MILL EXPERIMENT:

Ø Spinning produces postural fatigue and induces pessimistic reverie

Ø Rest pauses relieve postural fatigue and enhance productivity

Ø Rest pauses are effective when they are regular

Ø Life of worker outside the mill has been enriched (able to enjoy their social evenings)

“Monotony per se is not the problem but repetitive work done under conditions of isolation lead to abnormal preoccupations”.

Hawthorne Studies: the Great Illumination Experiment (1924-27)

Western Electricity Company, Chicago

National Research Council of National Academy of Science

Objective: to identify precisely the relationship between illumination and the efficiency of the worker

Factors tested: result - high rise in output (mission failure – original intention of finding ‘best illumination’)

Ø Illumination

Ø Room temperature

Ø Humidity

Ø Wage payments

Ø Rest periods

Ø Duration of working hours

Ø Refreshments

Supposed reasons for such behaviour:

Ø Interest shown by the research team in the workers

Ø Wage incentive plan that was retained while other privileges are taken off

Certain hypotheses of the experiment were negated – reasons

1. Material conditions boosted – even after withdrawal productivity increased

2. Rest periods removed fatigue, hence higher productivity – output increased even after withdrawal of privileges

3. Monotony was reduced, so boost in output – it is concerned with state of mind and not with working conditions

4. Individual payment system boosted the output – the groups subjected to changes in wage payments, no change. Concluded that something else that led to greater output

5. Changes in supervisory techniques improved attitudes and output – supervisors were not considered as boss, congenial and friendly relationship thrived among the workers and the supervisors

Conclusions:

Ø Mayo and his team re-discovered Robert Owen, who had advocated more attention to workers against machines

Ø Mayo felt that work satisfaction depends to a large extent on the informal social pattern of the group

o Supervisors’ personal interest in workers yield better results – helps in boosting the morale

· Workers should be given opportunity to “let their steam off” about their needs etc.

“The link between supervision, morale and productivity became the foundation stone of the human relation movement”

These experiments were hailed as the Great Illumination because it had thrown light on the new areas of industrial relations.

Human Attitudes and sentiments (1928-31):

· An opportunity for workers to “let their steam off” can make them feel better even though there may not be material change in the environment.

Findings:

· Workers with the act of collecting info felt elated and had equal status with management.

· Change in the attitude of supervisors as they were closely observed by the researchers

· In the absence of proper appreciation of the feelings and sentiments of the workers it was difficult to understand their real problems

Social Organisation (1931-32): the final phase – Bank Wiring Experiment (focussed on group behaviour in a work situation)

Wages paid on the basis of group performance

Findings:

· Social structure and informal pressures will set right the erring members.

· Groups follow a set of code of conduct to maintain the groups’ solidarity

For e.g.: works too much – rate buster

Works lesser – chesler

Whistle blowers – squealer

Acts officious – inspector

· The logic of efficiency did not go well with the “logic of sentiments” which had become the cornerstone of ‘social system’.

Conclusions:

· Human aspects of the organisation should not be neglected for technical and economic aspects

· In addition to the technical skills, the management should handle human situations, motivate, lead and communicate with workers

· The concept of authority should be based on social skills in securing cooperation rather than expertise.

Significance of Hawthorne Studies:

· Discovering the informal organisation

· Led to

o Realisation and understanding of human factor in work situations

o Importance of adequate communication system, particularly upwards from workers to management

Criticism:

Criticised for not understanding the role of unions in free society

For being anti-union and pro-management

Branded the Hawthorne Researchers as “cow sociologists”

Sweeping conclusions were drawn from a relatively few studies

Carey pointed - Unreliable sample of five or six

o Lack of scientific base

Drucker – lack of awareness of economic dimension

Encouraging workers private lives by employers

No place for conflicts (Daniel Sell mentioned that tensions and conflicts are inevitable in every human situation.

Critics argued that the team displayed a total lack of awareness of larger social and technological systems.

Chester I Barnard

Spiritual father of the social system school

‘The Functions of the Executive’ – classic

Organisation as a System of Human Cooperation:

Barnard defines organisation as a system of consciously coordinated activities.

A system in which the whole is always greater than the sum of its parts and each part is related to the other in a significant way.

Willingness of certain people

To contribute to the organisation

Through communication with each other.

Why an individual should contribute?

o Theory of Contribution – Satisfaction Equilibrium

Proposed inducements – specific and general

· Specific – material inducements

Personal non-material opportunities

Desirable physical working conditions of work

Ideal benefactions like pride of workmanship

· General – associational attractiveness

Adoption of working conditions

Opportunity for the feeling of enlarged participation

Economic incentives are ineffective beyond subsistence levels.

Formal and Informal organisations:

Organisation comes into existence only when there are persons (3 elements in formal organisations)

able to communicate with each other

willing to contribute action

to accomplish a common purpose

Communication is a dynamic process, which translates purpose into action.

Four characteristics of formal organisations:

· Systems

· Depersonalization

· Specialization

· Informal organisations

According to Chester, formal organisations create informal organisations as a means of communication and to protect the individuals from the domination of the formal organisation.

Theory of Authority:

Did not accept the traditional concept

Viewed “acceptance” as the basis of authority

The individuals in the organisation accept authority only when the following four conditions obtain simultaneously:

1. When the communication is understood (intelligible)

2. Consistency with the organisational purpose

3. Compatibility with personal interest

4. Physical and mental ability to comply (not beyond capacity)

How to ensure enduring cooperation from an individual in an organisation? :

Depends on three conditions –

1. When the orders issued are in accordance with the four conditions mentioned above

2. When the orders fall within the “Zone of Indifference” (ZoI).

3. When the group influences the individual resulting in the stability of the ZoI.

Zone of Indifference:

Orders in order of their acceptability fall in 3 categories:

· Those, clearly unacceptable and not obeyed

· Those , on neutral line

· Those, unquestioningly accepted (ZoI)

The ZoI depends on 3 factors –

· Inducements offered

· Burdens and

· Sacrifices made by the individual in the organisation

Fictional Authority:

C Barnard called authority as ‘fictional’. The supervisor assumes that subordinate accepts orders because they want to avoid making issue of such orders and avoid personal subservience or loss of personal status with their colleagues.

Authority 2 types:

Authority of Position

Leadership (due to knowledge and understanding)

CB felt that authority depends on the personal attitudes of the individuals and the system of communication in the organisation.

Responsibility:

He examines the responsibility from the view of morality

Decision Making:

Decisions – personal, (less logical)

Organisational (info based, logical and delegable)

Fear of criticism and tendency not to delegate divisional powers results in executives being burdened with decision making.

The Executive Function:

- Specialized work of maintaining the organisation in operation.

Classification of functions of executive:

1. Formulation of purpose and objectives

a. Formulation and redefining of purpose requires sensitive systems of communication, imagination, experience and interpretation.

2. Maintenance of organisational communication

a. Informal organisations perform means of organisational communication – advantages

i. Communicate unintelligible facts and opinions, suggestions and suspicions that cannot formally pass through the formal channels

ii. Minimise political influence

iii. Promote self-discipline of the group

iv. Makes personal influences possible in the organisation.

3. Securing essential services from individuals

a. Incentives, sanctions, supervision, control, education and training help in attaining services

Leadership:

CB says leadership in organisations is critical to achieve ‘cooperation’

Leader should be realist and should be able to recognise the need for action even when outcomes are not foreseen.

Essential qualities of a Leader:

Ø Vitality and Endurance

Ø Decisiveness

Ø Persuasiveness

Ø Responsibility

Ø Intellectual capacity

CB’s acceptance concept of authority, leadership as a process of fulfilling the purposes of organisation and management by consent have an immense contemporary value and strengthen the democratic spirit in the modern world…

Fundamental Rights–Magna Carta of India

 

Fundamental rights

- ENSHRINED in part III

- Constitutes articles from 12 to 35

- Inspiration from USA ( Bill of Rights)

- Part III is described as MAGNA CARTA of India

- Contains long and comprehensive list of justiciable FR

- More elaborate than anywhere else in the world

MAGNA CARTA: is the Charter of rights issued by King John of England in1215 under pressure from barons.

- First written document on FR of citizens.

FR:

- Meant for promoting the ideal of political democracy

- Prevent the establishment of authoritarian and despotic rule in the country

- Protect the liberties and freedoms of the people against invasion by the state.

In short they aim at establishing – ‘govt. of laws and not of men’

Why they are known as Fundamental? :

- Guaranteed and protected by the Constitution, which is the fundamental law of the land.

- Also bcoz they are essential for ‘all round development (material, intellectual, moral and spiritual) of the individuals.

SEVEN FUNDAMENTAL RIGHTS:

1. Right to Equality (art. 14-18)

2. Right to freedom (art. 19-22)

3. Right against exploitation (art. 23-24)

4. Right to freedom of religion (art. 25-28)

5. Cultural and educational rights (art. 29-30)

6. Right to property (art. 31) – repealed by 44th Amendment Act, 1978; made legal right Art. 300 - A in part XII.

7. Right to constitutional remedies (art. 32)

Features of FR:

1. Some are available to only citizens while others are available to all.

2. They are not absolute but qualified. (State can impose reasonable restrictions). They a strike a balance between liberty and social control.

3. Most of them are available against arbitrary action of state with a few exceptions.

4. Some of them are negative in character. (they impose limitations on state while others confer privileges on persons)

5. Justiciable

6. Defended and guaranteed by the Supreme court

7. They are not sacrosanct or permanent. (can be modified or repealed by constitutional amendment)

8. Can be suspended only in case of National Emergency

9. Their scope of operation is ltd by art. 31 A, 31 B, 31 C

10. Application to members of armed forces, para-military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by Parliament. (art 33)

11. Application can be restricted during ‘Military Rule or Martial Law’.

12. Most of them are directly enforceable while some are to be enforced on the basis of law made by the Parliament (only) for giving effect to them.

Article 13 – states that any law inconsistent with or in derogation of any of the FR shall be void. It provides for JUDICIAL REVIEW. This power has been conferred on the SC (art. 32) and HCs (art. 226).

Law – under Art. 13connotes:

- Permanent laws enacted by Parliament or State legislatures

- Temporary laws like ordinances by Prez, Gov.s

- Statutory instruments in the nature of delegated legislation like order, bye-law, rule, regulation or notification

- Non-legislative sources like customs or usage having the force of law.

Art. 13 declare - Constitutional law is not a law and hence cannot be challenged.

However, the SC held in the Kesavananda Bharathi case (1973) that a constitutional amendment can be challenged on the ground that it violates a FR that forms the ‘basic structure’ of the Constitution.

Category

Consists of

Specific Article dealing with the FR

Exceptions and other associated terms/ rulings/ concepts…

Right to equality (14-18)

Equality before law and equal protection of laws

Art 14

Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth

Art 15

Creamy layer, 93rd Amendment Act of 2005; central educational institutions act,2006

Equality of opportunity in matters of public employment

Art 16

Mandal commission, 1979; 76th Amendment Act, 1994- wrt to Tamilnadu

Abolition of untouchability and prohibition of its practice

Art 17

Protection of Civil Rights Act, 1955

Abolition of titles except military and academic

Art 18

1996 – SC upheld the validity of National Awards

Right to freedom (19-22)

Protection of six rights regarding freedom of: speech and expression, assembly, association, movement, residence and profession

Art 19

Sec 144 of Cr. PC; Sec 141 of IPC

Protection in respect of conviction for offences

Art 20

Protection of life and personal liberty

Art 21

Right to elementary education

Art 21 A

86th Amendment Act of 2002

Protection against arrest and detention in certain cases

Art 22

Right against exploitation (23-24)

Prohibition of traffic in human beings and forced labour

Art 23

Immoral Traffic (prevention) Act, 1956; minimum wages act,1948; Contract Labour Act, 1970; Equal Remuneration Act 1976

Prohibition of employment of children in factories, etc.

Art 24

Child Labour (prohibition and regulation) Act, 1986; factories act, 1948; mines act, 1952

Right to freedom of religion (25-28)

Freedom of conscience and free profession, practice and propagation of religion

Art 25

Freedom to manage religious affairs

Art 26

Freedom from payment of taxes for promotion of any religion

Art 27

Freedom from attending religious instruction or worship in certain educational institutions

Art 28

Cultural and educational rights (29-30)

Protection of language, script and culture of minorities

Art 29

Rights of minorities to establish and administer educational institutions

Art 30

Right to constitutional remedies (32)

Right to move the SC for the enforcement of FR including writs of

i. Habeas corpus

ii. Mandamus

iii. Prohibition

iv. Certiorari

v. Quo war-rento

Art 32

Friday, August 10, 2012

Corruption and India

  • To aspirants with Public Administration optional: if you’ve read Fred Rigg’s theory about  Prismatic-Sala society, this article will make more sense.
  • To others: a good read nonetheless, for essay/ interview fodder.

1. Western World vs India

2. Why India is corrupt?

3. Agrarian vs Modern Society

4. Will India remain corrupt forever?

Western World vs India

  • In Western society, too, there is some corruption, but it is only at a very high level, and it ordinarily does not affect the common man.
  • In USA, you cannot offer a bribe to a policeman if he catches you violating some traffic rule. If you attempt to do that it will be a second, more serious, offence. Similarly, you cannot bribe an income tax official or other officials there.
  • But in India corruption exists at every level, for example, in registering a sale deed, getting mutation in revenue records, getting an FIR registered, getting permission from a municipality to build a house, tax matters, etc.

Why India is corrupt?

  • first, corruption is the normal feature of the transitional period when a society (such as India’s) is passing from a feudal, agricultural stage to a modern, industrial stage.
  • Second, it is only when the transition is over and the country becomes a fully industrial society, like that in North America or Europe, that things will get relatively stabilised, and corruption will be considerably reduced. This, in my opinion, will take about 15 to 20 years more in India.

Agrarian vs Modern Society

  • Feudal, agricultural society is a relatively stable society, with everyone knowing his place, with stable social and ethical values.
  • In contrast, when the process of industrialisation begins, things become topsy-turvy. In this transitional period, before the process of industrialisation is complete, two things happen.

1. First, old (feudal) moral values disintegrate, but a new moral code does not come into existence.

2. Second, prices start shooting up [inflation], while incomes are broadly stagnant (or rise much slower than the price rise).

  • For both these reasons, corruption becomes rampant.
  • To maintain one’s lifestyle, one must supplement one’s regular income, and this is only possible by corruption. Since the old moral code has largely disintegrated there is little check on one’s conscience to prohibit taking bribes.

Will India remain corrupt forever?

  • Corruption is inevitable in a transitional society like India in which industrialisation has commenced, but is incomplete.
  • Historical facts support this conclusion. For example, there was rampant corruption in England in the 18th and early 19th centuries when industrialisation was going on but was not complete.
  • Similarly, in America too there was a lot of corruption in the 19th century when the process of industrialisation was going on.
  • It is only when the process of industrialisation is broadly completed that society once again becomes relatively stable and corruption subsides.

Ref

http://mrunal.org/#1

Originally written by Justice Markandey Katju, a former judge of the Supreme Court, is chairman of the Press Council of India
http://www.indianexpress.com/story-print/985116/

Wednesday, July 18, 2012

General Studies–Current Affairs

Countries that ousted their “Dictatorial Regimes” are :

· Maldives – 2008 – Abdul Gayoom (ousted) Nasheed (new prez)

· Yemen - 2012 - Ali Abdullah Saleh – Mansuor Hadi (new)

· Tunisia

· Egypt

· Libya

Countries that were on the brink of Bankruptcy :

Country, year (part of unions if )

Bail out amt.

Rescued by (agencies)

Implication on world economy

Causes

Athens , 2012

130 billion

EU, IMF

Pitroda Panel on Rail modernisation submitted its report on Feb 27,2012. Highlights:

· Stressed on major overhauling of signalling system, tracks and locomotives.

· A dividend waiver to save Railways from collapse.

· It also mentioned the various sources from which the orgz can generate funds for its modernization.

· Special courses to be introduced at IIMs and IITs for suggesting newer ways and technology instead of getting suggestions from agencies abroad.

· Development of PPP models and policies to attract investments to augment core capabilities like stations etc..

· also suggested establishing an Indian Institute of Railway Research with Centres of Excellence.

National Advisory Council (NAC):

· The National Advisory Council (NAC) of India is an advisory body set up to monitor the implementation of the UPA government's manifesto, the Common Minimum Programme (CMP). It is a brainchild of Congress party president, Sonia Gandhi. It is also informally called as UPA's Planning Commission for social agenda. NAC is also called as Shadow Cabinet. On 23 March 2006, Sonia Gandhi had resigned from the post of chairmanship of the NAC after Office of profit controversy. On 29 March 2010, she was back as the chairperson of NAC.

National Development Council (NDC):

Constituted in 1952, August 6th

· Apex body in the country for decision making and deliberations on developmental matters

· Presided over by Prime Minister and comprising of all Chief Ministers of States and Administrators of Union Territories and Members of Planning Commission

· Functions are:

o Prescribe guidelines for the formulation of National Plan

o Consider the national plan as formulated by Planning Commission

o Consider important questions on Economic and Socila policy affecting National Development

o Review of the working plan and suggest recommendations as when required.

Creamy Layer: Used for the relatively rich and wealthier sections of other Backward Classes from being ineligible for govt. reservations and other benefits.

· Used by the Sattanathan Committee in 1971

· A no. of sections or classes of people was recognised as “Creamy Layer” like Constitutional positions, bureaucrats, doctors, lawyers, business men etc.

· One of the general criteria for the same is an individual with an annual gross income of 4,50,000 Rs. Will be considered as a person belonging to the creamy layer and hence no provisions of the benefits will be applicable.

Low growth and its impact on the Low income groups ( ET,13 Jul 2012):

· Low growth not only reduces potential demand but also changes the consumption pattern of households.

· High inflation and low growth will impact those at the bottom of the pyramid as it impacts food prices.

· Households whose expenditure-income ratio is high will find it difficult to maintain the consumption basket without a commensurate rise in income. In such a scenario, they are likely to reduce spending on discretionary items.

· Those at the top of the distribution have more surplus income, they will generally cut down on savings, which will negatively impact capital available for investment.

FDI in retail – some changes required (ET,12 Jul 2012):

· Current rule of sourcing 30% of what the Cos sell from the locals

o Cos that sell high quality goods find it difficult to find them in local markets and hence it can be achieved say gradually I.e., 30% over few years.

· The procurement should be from the enterprises that have a turnover of less than $1 mil

o A boost to the country’s SMEs

o Low investment, high costs resulting in low productivity and quality

Instead train the Indian SMEs in producing the products that are of the intended quality.

Janlokpal:

· The basic principles on which the bill was drafted were culled from the United Nations Convention against Corruption, which required all countries to put in place anti-corruption investigative agencies that would be independent of the executive government and would have the jurisdiction to investigate all public servants for corruption.

· Initially introduced in August 2011, later referred it to the Standing Committee (SC)

· The SC tabled its report in Dec 2011

· August Bill did not confer Constitutional Status to the Bill

· SC recommendations equipped the Bill for Constl. Status

· Lokpal and Lokayukthas Bill passed did not get Constl status

· August Bill proposed a 9 member selection committee (sc)

· SC recommended 4 member sc –

o PM,

o CJI,

o LS speaker,

o an eminent Indian nominated unanimously by CEC, Chairman UPSC, CAG, Leader of Opposition in LS

· December Bill proposes 5 mem sc, 3 govt nominees –

o PM,

o LS Speaker,

o Leader of the opposition in LS,

o CJI or a judge of Supreme Court nominated by CJI and

o an eminent Jurist nominated by Prez.

Set up of NJC :

The report prepared by the Parliamentary panel recommended setting up of a National Judicial Commission (NJC) to create a broad based and comprehensive model of judges appointments.

Recommendations of the panel in JPC:

· Entrusted with transfer as well as criminal proceedings against corrupt judges.

· Relevant amendments in the Constitution to remove judges

Acts passed in 2011:

· Cable TV Networks Regulation Act

· National Food Security Bill

· Regulation of Factor ( Assignments Receivable) Bill 2011

· Ex-Im Bank of India Amendment Bill 2011

· Lokpal and Lokayukta Bill 2011

CIVIL SERVICES IN INDIA (Public Administration - paper II)

 
CHAPTER-10
3 All India Services(AIS)- “Steel frame of Administrative Structure”:
1. IAS
2. IPS
3. IForestS
· In 1947, ICS was replaced by IAS; Indian Police(IP) was replaced with IPS and were recognised by the Constitution as AIS.
· In 1963, 3 more services were created, viz IFoS, Indian Medical and Health Service, Indian Service of Engineers. In 1966, only IFoS came into existence.
· Article 312 gives parliament the liberty to create AIS on the basis of the resolution passed by the RajyaSabha.
· The services can be created only by the act of parliament and not by mere resolution of RajyaSabha. However, the parliament cannot enact such an act without the recommendation of the Rajyasabha. This protection was given in order to protect the federal system.
· SardarVallababhai Patel is the chief protagonist in the formation of AIS in the constituent Assembly. Hence he is known as “Father of AIS”.
The AIS act of 1951 authorised the central govt. to make rules for the regulation and service conditions of the members of AIS in consultation with state govt.s.
Scales of AIS: 3 scales;
1. Super time scale
2. Senior scale and
3. Junior
Controlling ministries:
· IAS- Ministry of Personnel
· IPS- Home
· IFS-Environments and Forests
Ø The ultimate control over AIS lies with Central Govt. whereas immediate controlling power vests with state govt.
Ø Salaries and pensions are met by States; disciplinary issues only by Central govt.
Ø There are currently 24 state cadres.
Central Services:
Ø CS works under the exclusive jurisdiction of Cent. Govt.
Ø Before independence, the CS were classified into Class I, Class II, inferior and Subordinate Services.
Ø The nomenclature of inferior and Subordinate Services were replaced with Class III and Class IV on the recommendation of the FIRST PAY COMM (1946-47).
Ø On the basis of the Third Pay Comm. (1970-73)- Recommendations, the nomenclature of these services were further changed to Group A,B(gazetted services),C,D( non-gazetted).
Constitutional provisions:
Ø Article 309: parliament is empowered to regulate the recruitment and service conditions
Ø Article 310: members of AIS or CS hold the office during the pleasure of the Prez.
Ø Article 311: AIS & CS cannot be dismissed or removed by any authority less than those appointed them. They can be dismissed only after an Inquiry after being given a reasonable opportunity to be heard.
Ø Article 312: refer above
Ø Article 323-A: authorises the parliament to provide for setting up of an Administrative Tribunal for the adjudication of trials and disputes.
Ø Article 335: lays down that claims of SCs & STs will be taken into consideration in making appointments to CS and Posts.
System of recruitment:
Present system of recruitment into AIS and CS are based on the various committees’ recommendations over the period of time.
1. Macaulay Committee (comt.)
2. Kothari
3. Satish Chandra
Ø In recent times two more committees were appointed; Alagh comt.(July 2000-oct 2001) and Hota comt.(feb 2004-July 04).
Ø Macaulay laid down the basic governing principles for governing the recruitment to civil service for the first time in 1854.
o The most imp. aspect of this Policy is the system of open competition and scholastic nature of examination. However the present system of recruiting merit based suitable candidates was introduced by the 2 & 3COMT. Nevertheless the policy laid down and philosophy of recruitment advocated by Macaulay comt continues to influence the system.
o The Kothari comt had also recommended a third step of examination known as Post-Training Test. The recomm. Was not implemented owing to operational issues associated with the reorganisation of the LSBNAA, Mussorie.

Friday, July 6, 2012

Preparing Polity for Prelims? Score some Easy Marks with these Tips


Preparing Polity for Prelims? Score some Easy Marks with these Tips


Preparing Polity for Prelims? Score some Easy Marks with these Tips

Posted: 04 Jul 2012 10:47 AM PDT

polity books for IAS examIndian Polity is an interesting topic to study. Not just because we gain deeper knowledge about our Constitution but also because it is actually fun to read and compare the various provisions of the Indian Constitution. But apart from the interest part, Polity is also quite rewarding for IAS Prelims exam. You can expect anywhere between 8-20 questions on Indian Polity in paper 1 and if you've prepared it well you can get most, if not all, questions right. This gives you a nice boost of 16-40 marks in the final tally which can make a huge difference to your chances of clearing the Prelims.

But aspirants just starting out don't know how to prepare Polity, that's why this post will be useful to your Prelims preparation. Initially I will explain the basic terminology so you feel comfortable when studying polity and then I will touch upon the important topics within Polity that you should focus more on.

But first things first. Make sure your get Constitution of India by P.M Bakshi and Our Constitution by Subhash Kashyap as the two main reference books for Indian Polity. For other books for Prelims, refer this post. Also to get the most out of this short tutorial make sure you enroll in my Question Series for Prelims course so you can test yourself with actual Prelims-like questions with negative marking on Indian Polity that I have prepared for IAS aspirants.

OK, let's get started.

Basic Terminology in Indian Polity

Like any other subject, Polity too has its own vocabulary that is in its most raw form quite high sounding laden with difficult legal words. But fortunately we don't have to familiarize ourselves with these words and terms rather we should be comfortable with a working knowledge of Constitutional terms and concepts that I list below.

Article: Articles are the various provisions in our constitution. There are 395 articles in all. Although there have been additions throughout the years, the new articles have been appended with letters like Article 51A  and so on. So the total number of articles still remains the same at 395.

Remember, what I am saying will make more sense if you have P.M Bakshi's Constitution book in your hand as it contains all the articles in their unmodified form.

Clause: Articles in the Constitution can have clauses. It tells more and lists additional provisions of the main article under which it is listed. It is enclosed within brackets. For instance, 15(4) is read as Article 15, clause 4.

Sub-clause: Going further, a clause can have sub clause(s) within it listing even additional provisions related to that clause. For instance Article 19 (Fundamental Right to Freedom) has various sub-clauses under clause 1 like 19(1)(a). As you can see a sub-clause like the main clause is also enclosed in brackets. The article then is read as Article 19, clause 1, sub-clause a. You can easily infer that a clause is a number whereas a sub-clause is an alphabet.

Schedule: Schedules are not Articles of the Constitution but they have to be read along with them. They contain detailed provisions, lists that are too long to be contained under an Article and require a separate mention. There are 12 schedules as of now and more could be added later. The first schedule deals with the States and Ut's, the second with remuneration of important dignitaries and so on.

Amendment: Amendments as the term implies are modifications of the provisions of the Constitution. The procedure for amendment is listed under Art. 368. Till date 97 amendments have been carried out under this article. In reality many more amendments have been effected under different provisions which do not require a Constitutional Amendment Bill under Art. 368 to be passed.

State: This term is a tricky one. In the constitution a state could be a state like Kerala or it could imply nation state particularly the authority of the Union government. What is the actual meaning of the word has to be inferred from the reading of the Constitutional provision itself and no pre-defined meaning can be adduced. But it's not so difficult as it seems. Once you have read the Constitutional provisions twice or thrice you will be able to make out the difference quite easily.

Parts of Constitution: Just like any book, the Constitution too is divided into various parts; 22 to be precise. Various related articles are grouped under a single part. For instance Part III relates to Fundamental Rights, Part IV to Directive Principles and so on.

Important Topics to Prepare in Polity

Not all topics within Polity are equally important. I will list the ones that you should focus greater attention on.

  • Fundamental Rights: This is considered as the most important aspect of our constitution. Go through all the Fundamental Rights (FR) many times over until you grasp the essence of each FR. Also try to remember which article corresponds to which FR and what are the provisions therein. I have framed questions in my Question Series course keeping this important aspect of Prelims paper in mind so students get a real feel of the questions that will be asked in the Prelims.
  • Directive Principles: After the FR's these are a very important part of the Constitution and you should try to remember the main provisions of the important DPSP's by heart. This does not mean rote the exact sentences, rather know what the article is about. For instance Article 44 talks about a Uniform Civil Code across the territory of India.
  • Part V and VI: The entire part V and VI dealing with the Executive, Bills, Judiciary and States are very important and you should go through the articles carefully.
  • Public Service Commissions, Elections, Emergency Provisions and Amendment of the Constitution: Each of these chapters is again very important from not only the Prelims perspective but from the Mains as well. Questions related to Emergency are routinely asked in Paper 2 of Public Administration as well.
  • Amendments and Schedules: Finally, you should know the important amendments of the constitution, the year in which the Act was passed along with their important provisions. The two most important amendment acts are the 42nd and 44th passed in 1976 and 1978 respectively. Also, go through all the schedules of the constitution listed at the end as questions from these are also asked in the Prelims.

I hope you found this short introduction to preparing polity useful. If you want to discuss any more topics or terms related to Polity do share your queries and comments below.

Thursday, March 15, 2012

Press council chief bats for ‘porngate’ journalists

 
 

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via sans serif by churumuri on 3/12/12

Close on the heels of his missives to the chief ministers of Bihar and Maharashtra, the chairman of the Press Council of India (PCI), Justice Markandey Katju, has shot off a letter to the speaker of the Karntaka legislative assembly against the crackdown on the media in Karnataka following the Porngate expose.

Below is the full text.

***

The  Hon'ble Speaker
Karnataka  Legislative Assembly,
Bangaluru.

Respected Sir,

Re: Proceedings against mediapersons for telecasting MLAs  watching porn

Some MLAs of the Karnataka legislative assembly were filmed watching porn in the Assembly hall. Instead of commending the mediapersons for their professionalism, proceedings have been started against them.

In my respectful opinion such proceedings against the mediapersons jeopardize the freedom of the media guaranteed as a fundamental right by Article 19 (1) (a) of the Constitution of India, and seek to create an impression that it is the media which has brought the House into disrepute rather than the MLAs  involved.

I am informed that an inquiry committee has been set up by the House to enquire into the matter.

In my respectful opinion the inquiry committee can certainly ask the mediapersons concerned questions to ascertain the correct facts about this sordid affair. But from what I could gather, the question being asked give the impression that the mediapersons are being treated as an accused of some offence, and are being grilled accordingly.

Since grave Constitutional questions are involved in this episode I would like to dwell on the matter in some detail.

In our country it is the Constitution which is supreme, not the legislature or executive. The people of India, in their wisdom, and following the examples of the American and French Constitutions, did not give the legislature absolute sovereignty but only limited sovereignty.

Thus the Indian Constitution does not incorporate Hobbes' theory of absolute sovereignty (see 'Leviathan') but instead it incorporates Locke's theory of limited sovereignty (see 'the Second Treatise on Civil Government') and Rousseau's theory of sovereignty of the people (see 'The Social Contract').

Hence neither the legislature nor the executive can violate the constitutional provisions, particularly the fundamental rights like Article 19 (1) (a).

In a democracy it is the people who are supreme, and all authorities, whether legislative, executive or judicial, are only servants of the people. This is also borne out from the Preamble to the Indian Constitution which states:

"We, the People of India,…………..do hereby adopt, enact and give ourselves this Constitution."

Since the people are the masters , and the legislators only their representatives, surely the public has the right to be informed of the activities of the legislators. And the media is an agency of the people to give them this information.

Hence I do not see what wrong the media has done by telecasting the watching of porn by the MLAs in the House. To my mind the media were only doing their duty to the people of informing them of the shameful manner in which some of their representatives were behaving.

In this connection I would like to refer to the following words in the judgment of Justice Hugo Black of the US Supreme Court in New York Times  vs. U.S 403 U.S. 713, 1973  (the Pentagon Papers case):

"Only a free and unrestrained press can effectively expose deception in government. And paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell. In my view far from deserving condemnation for their courageous reporting, the New York Times, the Washington Post, and other newspapers deserve to be commended for serving the purpose which the Founding Father saw so clearly. In revealing the workings of the government which led to the Vietnam War the newspapers nobly did precisely that which the Founders hoped and trusted they would do."

To use similar language, far from deserving condemnation, the mediapersons who revealed to the nation the disgusting scenes of MLAs  watching porn in the House deserve to be applauded for their courageous reporting.

Ordinarily, in a democracy all proceedings in a Legislative Assembly must be freely telecast and reported so that the people, who are the supreme authority in a democracy, know how their representatives are behaving. There may, of course, be exceptional situations where this cannot be done.

For example, in the Second World War many secret sessions of the House of Commons were held so that Nazi spies may not know the views of the British political leaders. But such secrecy can only be in exceptional situations. I fail to see what was the exceptional situation in Karnataka which could justify prohibiting mediapersons to report events in the House.

I would therefore respectfully request you to reconsider your decision and withdraw the proceedings against the mediapersons, and instead take strong action against the M.L.A.s who have brought disgrace to the House.

Justice Markandey Katju

Chairman, Press Council of India


Filed under: For the record, Issues and Ideas Tagged: Churumuri, Hugo Black, Justice Markandey Katju, Karnataka, Pentagon Papers, Porngate, Press Council of India, Sans Serif

 
 

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Wednesday, January 18, 2012

Two states and A water issue

 
 

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via Prep4Civils by Bharath Vaishnov on 12/29/11

Mulla periyar issue: background and problems, solution

  • Mullaperiyar dam project involves eastward diversion of west flowing periyar river to provide water to vaigia region in TN
  • The dam was built based on a 999 year old agreement between british ruled madras state and kigndom of travancore in 1886
  • TN got control over dam located in kerala for 999 years
  • Kerala has a sense of greivance as it gets a paltry amount in return despite revision of rates in 1970
  • The dam is located in a seismic active region
  • Kerala has expressed concern over 116 year old dam
  • On other hand TN wants the dam height to be raised to meet the increased needs of its people
  • Supreme court earlier had ordered Kerala to raise the dam height after strengthening it
  • Kerala strengthened the dam but ddidn't raise height
  • Now kerala demands for construction of new dam due to instability of current dam
    1. The dam built in 1890s has had severe impact on local ecology

Way ahead

  • The mullaperiyar issue involves technical questions. Hence SC should step aside and allow matter to be settled through inter state commission
  • Instead of building another new dam elading to further degradation of environment, alternate solutions need to be worked out
  • Strengthen existing dam and operate at mutually agreed water level
  • The 116 year old dam won't last forever, hence need to reduce dependence on it

Read more on Wikipedia


 
 

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A major milestone in polio eradication

 
 

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via Prep4Civils by Bharath Vaishnov on 1/15/12

This editorial is too technical. however i am putting some information collected from other polio related articles in Hindu

  • Poliomyelitis (polio) is a highly infectious viral disease which mainly affects young children.
  • transmitted through contaminated food and water, and multiplies in the intestine, from where it can invade the nervous system
  • Acute Flaccid Paralysis is a disabling condition where there is absence of muscle tone in one or both limbs, and tendon reflexes
  • oral polio vaccine prevents the transmission of infection effectively.
  • If all tests for the wild polio virus in India — including laboratory analysis of acute flaccid paralysis cases with onset up to mid-January and environmental sewage sampling — return negative, India will officially be deemed to have stopped the transmission of the indigenous wild polio virus.
  • The next step would be to look at a polio-free South East Asian Region in 2014
  • Currently Pakistan , Afhganistan, India, Nigeria are nations considered enedemic with polio virus
  • challenges faced by India in fighting polio
    1.  a huge population
    2. the logistics of covering a vast geographical area,
    3. poor sanitation and infrastructure,
    4. resistance among some groups of people to taking the vaccine,
    5. children of migrant communities

Progress

  • Expanded Immunisation Programme in the late 1970s
  • 1985, Universal Immunisation Programme launched
  • National Pulse Polio Initiative (PPI) in 1995-96,
    1. Targeted  coverage of every child under five in the country with the Oral Polio Vaccine (OPV) to be given on two National Immunisation Days, one each in December and January
  • PPI set for the nation a new target — eradication of polio by 2005.
    1. involved millions of frontline workers from the private health sector, members of Rotary International, volunteers, anganwadi workers, besides the massive public health workforce
    2. created systems –
  1.                                                                i.      cold chains for storage and transportation of the vaccines,
  2.                                                              ii.      follow up and mop up campaigns to track children left out
  • In each PPI, 24 lakh vaccinators visit over 20 crore households to ensure that nearly 17.2 crore children, less than five years, are immunised with the OPV
  • Pockets of Uttar Pradesh and Bihar were still endemic
    1. government targeted 107 'high risk' blocks in Uttar Pradesh and Bihar, and identified the challenges, which included remote locations, refusal of vaccine in some areas, and migrating populations.
    2. 'Influencers', including religious leaders, were enlisted and tracked for each high risk area, and this helped polio teams reach more families.
    3. UP and Bihar have not reported any case of polio since April 2010, and September 2010, respectively.
  • there is no room for complacency, with the nation having to maintain its zero-cases record for the next three years to be able to totally 'eradicate' poliomyelitis.
  • greatest concern is the possibility of infections carried across borders by migrating populations
  • Pakistan and Afghanistan both saw alarming increases in polio cases, and poliovirus from Pakistan re-infected China (which had been polio-free since 1999)
  • In Africa, active polio transmission continues in Nigeria, Chad and the Democratic Republic of the Congo, with outbreaks in West and Central Africa in the past 12 months

 
 

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