ADMINISTRATIVE SYSTEM AT STATE AND DISTRICT LEVELS
BPAC 134 Free Solved Assignment
BPAC 134 Free Solved Assignment July 2021 & Jan 2022
Q 1 Discuss the meaning, structure and role of the Secretariat.
The three components of government at the state level are:
(i) the Minister;
(ii) the Secretary; and
(iii) the Executive Head (the last one in most cases is called the Director, although other nomenclatures are also used to refer to the executive head).
The Minister and the Secretary together constitute the Secretariat, whereas the office of the Executive Head is designated as the Directorate.
The Central Secretariat occupies a key position in the Indian administration. The Secretariat refers to the conglomeration of various ministries/departments of the central government.
The Secretariat works as a single unit with collective responsibility as in the case of the Council of Ministers. BPAC 134 Free Solved Assignment
Structure of the Secretariat:
The Central Secretariat is a collection of various ministries and department. A ministry is responsible for the formulation of the policy of government within its sphere of responsibility as well as for the execution and review of that policy.
A ministry, for the purpose of internal organisation, is divided into the following subgroups with an officer in charge of each of them.
Department – Secretary/Additional/Special Secretary
Wing – Additional/Joint Secretary
Division – Deputy Secretary
Branch – Under Secretary
Section – Section Officer
The lowest of these units is the section in charge of a Section Officer and consist of a number of assistants,clerks, typists and peons. It deals with the work relating to the subject allotted to it. BPAC 134 Free Solved Assignment
It is also referred to as the office. Two sections constitute the branch which is under the charge of an undersecretary, also known as the branch office.
Two branches ordinarily form a division which is normally headed by a deputy secretary.
The distinction between ‘department’ and ‘ministry’ may be explained by referring to ‘ministry’ as the minister’s charge and ‘department as the secretary’s charge.
Although a ministry stands for the minister’s charge, its administrative divisions are not uniform.
A ministry may not have a department: or may have one or more than one department in which it is formally divid. While a department may be referred to as the secretary’s charge, all secretaries, although they get the same salary, are not necessarily of equal ‘rank’.
A Ministry may have two or more secretaries, each in charge of a specified segment of the Ministry’s work, or of a department in it, but there is, in addition, one Secretariat who is head of, and represents the entire ministry.
Role of the Secretariat:
The role of the Secretary is to provide relevant documents to the respective minister to help them reach a policy decision. Once the policies are designed, the secretaries are responsible to oversee the implementation. BPAC 134 Free Solved Assignment
For this they exercise supervision and control over the execution of policies and programs field agencies and follow it up with a subsequent evaluation of the outcomes.
Besides, they assist in making incremental modifications in the policies from time to time, frame rules and regulations to give effect to the policy, accord administrative and financial approval to operational plans and programs, engage in sectoral planning and program formulation, undertake the tasks of budgeting and budgetary control, and co-ordinate and interpret the policies.
They have to provide information to the ministers pertaining to questions raised in the Parliament so as to enable them with relevant replies.
They have to initiate measures to develop greater organizational competence within. Further, they have to maintain contacts with state administration and coordinate with them.
In the Indian system, a rigid demarcation does not exist between the generalist and specialist functions.
Q 2 Examine the administrative relationship between the Centre and State.
Ans: Administrative relationship between the Centre and State:
As earlier pointed out, the Constitution has clearly delimited the scope of legislative and executive authority of the union and the states.
It is at the same time expressly provided under Article 256 of the Constitution that the executive power of the ‘states shall be so exercised as to ensure compliance with the laws of Parliament. BPAC 134 Free Solved Assignment
Also, the union executive power extends to the giving of such directions to the states as may appear to the Government of India to be necessary for the purpose.
Division of Administrative powers between the center and the states as per constitutional provisions:
1) Directives by the union to the state governments: The executive power of the union also extends to giving direction to the state under Article 256 for their compliance.
This power of the Union extends to the limit of directing a state in a manner it feels essential for the purpose.
2) Delegation of union functions to the states: Under the constitutional provision of Article 254, the President may, with the consent of the state government entrust either conditionally or unconditionally to the government, functions relating to any matter falling within the ambit of union executive power.
Under clause (2), Parliament is also entitled to use the state machinery for the enforcement of the union laws, and confer powers and entrust duties to the state.
3) All India Services: Besides central and state services, the Constitution under Article 312 provides for the creation of additional “All-India services” common to both the union and states. BPAC 134 Free Solved Assignment
The state has the authority to suspend the officials of All India Services. The power of appointment and taking disciplinary action against them vests only with the President of India.
4) Constitution of Joint Public Service Commission for Two or more States: We have discussed in the Unit on Union Public Service Commission in Block 2 that apart from UPSC and State Public Service Commission, the Constitution also provides for a Joint Public, Service Commission.
5) Deployment of Military and Para-military Forces: These can be deployed in a state by the union, if the situation warrants, even against the wishes of the state government.
6) Judicial System: A distinctive feature of our federal system is the presence of an integrated judicial system.
Though we have federal form of government with two sets of government and dual powers, there is no dual system of administration of justice.
7) Inter-State Council: India is a union of states wherein the centre plays a prominent role but at the same time is dependent on the states for the execution of its policies.
The Constitution has provided for devices to bring about inter-governmental co-operation, effective consultations between the center and states so that all-important national policies are arrived at through dialogue, discussion, and consensus.
8) Inter-State Water Disputes: In India, there are many inter-state rivers and their regulation and development have been a source of inter-state function.
These relate to the use, control, and distribution of waters of inter-state rivers for irrigation and power generation. BPAC 134 Free Solved Assignment
Q 3 Highlight the role of Chief Minister.
Ans: Role of Chief Minister:
Following are the of Roles of Chief Minister:
1 The Chief Minister holds a key position in the administration of the State and his position is similar to the position of the Prime Minister at the Centre.
He is the effective head of the State Government. It is upon his recommendation that ministers are appointed. He allocates portfolios to the ministers.
2 If a Chief Minister is unhappy with a minister, he can ask the minister to resign or he can drop him from the Council by reshuffling it.
He can even ask the Governor to dismiss a minister in extreme cases. As the presiding officer of the Council of Ministers be greatly influences, its deliberations and decisions.
He ensures that Council’s working as a team.
3 It is the responsibility of the Chief Minister to communicate to the Governor the decisions of the Council of Ministers and make available to the Governor such information about the administration of the State or legislative proposals which the Governor may seek.
In the Legislature, too, the Chief Minister plays an important role. He determines when the sessions are to be summoned or prorogued even though formal action in this regard is taken by the Governor. BPAC 134 Free Solved Assignment
4 The Chief Minister is the head of the Government. The Ministers are appointed on the advice of the Chief Minister.
Portfolios among ministers are in reality allocated by the Chief Minister. The Chief Minister has also the power to ease a minister out of office.
He may advise the Governor to drop a minister. The Chief Minister presides over the meetings of the State Cabinet.
5 The Chief Minister also is the leader of the legislature. He is the leader of the majority group. Through his control over the legislative majority, he controls the legislature.
6 The position of the Chief Minister is very important and his role is to carry out the most important functions of the state.
Q 4 Describe the composition of State Finance Commission.
Ans: Composition of State Finance Commission:
Most of the states have setup four to five Finance Commissions till the year 2019. As noted above, a State Finance Commission is appointed at the expiry of every five years.
However, there is no fixed term of its working; and it ceases to exist as soon as it submits its report. The experience of most of states indicates that a State Finance Commission generally works for a period of one year to one and a half years.
In every state the appointment of the State Finance Commission takes place on the basis of its announcement made by the Governor, and it comes into existence from the date of assuming of charge by its Chairman and members.
As far as the composition of the Finance Commission is concerned, there is no uniformity and not much variation too. It consists of a Chairman and a few members. In some states their strength is specified by the state legislation.
For instance in Punjab, the Finance Commission consists of a Chairman and four other members. Similarly in Tamil Nadu it consists of one Chairman and four members.
In Haryana, the third Finance Commission comprised of one Chairman and three members, whereas the fifth Finance Commission consisted of seven members including one Chairman and one Member Secretary. BPAC 134 Free Solved Assignment
Qualifications for Chairman/Members: Some of the states have clearly specified the
qualifications/conditions for the appointment of Chairman and members, while in other states there is no such specification.
In Punjab, the person to be appointed as Chairman of the Finance Commission is required to have experience in public affairs; and the persons to be appointed as Members thereof are
required to have:
1 Special knowledge and experience in economic and financial matters regarding Panchayats.
2 Special knowledge and experience in economic and financial matters regarding Municipalities.
3 Wide experience in financial matters, and administration.
4 Special knowledge of economics.
Q 5 Discuss the features of 74th Constitutional Amendment Act.
Ans: Features of 74th Constitutional Amendment Act:
The features are discussed below:
1) Constitutional status has been accorded to Urban Local Government bodies. Three-tier structure has been envisaged, whereby there would be municipal corporations, for larger areas, municipal councils for smaller areas, and Nagar panchayats for villages in transition to becoming towns. BPAC 134 Free Solved Assignment
Since “Local Government” is a state subject, the state legislatures have been left within their powers to define the details of the powers and functions of different units of urban government institutions whose broad outline only has been drawn by the Parliament.
2) Direct election to these Municipal bodies by the people in the manner as the elections are held for the Lok Sabha and State Assemblies has been provided.
For the purpose of elections, the Municipal elections are to be conducted by the State Election Commission.
3) Reservation of one-third of seats for women including women belonging to Scheduled Castes and Scheduled Tribes is ensured.
4) The State Finance Commission would ensure the financial viability of the Municipalities. Municipal funds have been augmented through taxes, tolls, duties and fees, grants-inaid.
5) Urban municipal institutions of self-government have been endowed with power and authority to formulate and implement schemes for economic development and social justice on 18 subjects.
6) Developmental Committees, namely and Metropolitan Planning Committees have been constituted. Thus, planning in India has been decentralized up to the grassroots level.
7) For better proximity with citizens, wards committees have been constituted.
8) The 74th Constitutional Amendment Act and also the 73rd Constitutional Amendment Act have created local self-government institutions throughout rural and urban India with powers delineated, devolution, deliberative and executive wings of government created, authority and responsibilities defined, developmental committees and Finance Commission constituted.
Q 6 Write a short note on Directorates.
The Secretariat is concerned with the setting of the broader policies and goals of the state government, while the responsibility for achieving those goals and executing those policies rests with the Heads of the Executive departments.
The executive agencies are as a rule located outside the Secretariat and constitute distinct organisational entities. A popular label to identify an executive agency is “Directorate”.
In a large number of cases, the heads of the Executive Agencies are known as Directors. Many examples of this could be cited: Director of Agriculture, Director of Animal Husbandry, Director of Education, Director of Social Welfare, Director of Public Health, Director of Town Planning, and so on.
However, other nomenclatures are also used to refer to the heads of the Executive departments. Thus, the executive head of the Department of Police is known as the Inspector/Director General of Police. BPAC 134 Free Solved Assignment
Q 7 Describe the functions of State Public Service Commission.
Ans: Functions of State Public Service Commission: The State Public Service Commission is also a constitutional body. There is a State Public Service Commission in every state.
The same set of Articles (i.e., 315 to 323) of the Constitution also deals with the composition, appointment and removal of members, power and functions and independence of a State Public Service Commission.
It conducts examinations for the appointment of the services in the state.
It is consulted on the following decisions related to personnel management:
Methods of recruitment and selection to the state civil service and civil posts.
Principles to be followed in these recruitments.
In making promotions and transfers from one service to another.
Disciplinary matters. BPAC 134 Free Solved Assignment
Q8 What do you mean by election tribunal?
Ans: Election tribunal: Election Tribunal means in respect of any area any judicial officer appointed by notification by the Government to be Election Tribunal in respect of such area and where no such judicial officer is appointed,
the Civil Judge having jurisdiction over the area within which the election has been or should have been held. Constitution of Election Tribunal:
(1) The Government shall constitute Election Tribunal consisting of one member to be appointed by that Government to dispose of:
(i) all election petitions challenging elections to a Panchayat;
(ii) matters relating to disqualification of a member of the Panchayat; and
(iii) any other election matter, BPAC 134 Free Solved Assignment
(2) The Headquarter of the Tribunal shall be at such place as may be notified.
(3) The decision of the Election Tribunal made under sub-section (1) shall be final.
Q 9 “There is uniformity in case of jurisdiction of Lokayukta at the state level in India.” Examine.
Ans: There is uniformity in case of the jurisdiction of Lokayukta at the state level in India:
At the state level, there is no uniformity in case of the jurisdiction of Lokayukta. In this regard:
i) The Chief Minister is included within the jurisdiction of Lokayukta in Himachal Pradesh, Andhra Pradesh, Madhya Pradesh, and Gujarat, while she is excluded from the purview of Lokayukta in the states of Maharashtra, Uttar Pradesh, Rajasthan and Bihar.
ii) Ministers and higher civil servants are included in the purview of Lokayukta in the majority of states. However, Maharashtra has also included former ministers and civil servants.
iii) Members of the state legislatures are included in the purview of Lokayukta in Andhra Pradesh, Himachal Pradesh, Gujarat, and Uttar Pradesh.
iv) The authorities of the corporations, companies and societies are included in the jurisdiction of the Lokayukta in the majority of the states for example, Himachal Pradesh.
Q 10 Discuss the significance of Gram Nyayalayas.
Ans: Significance of Gram Nyayalayas:
Gram Nyayalayas are mobile courts, which are established under the Gram Nyayalayas Act, 2008 for speedy and easy access to the justice system in rural areas.
This Act came into force from 2nd October 2009. The major aim is to provide inexpensive justice to rural people at their doorsteps. BPAC 134 Free Solved Assignment
There are 204 functional Gram Nyayalayas (Economic Services Group National Productivity Council, 2017-18), against a target of 2500.
The Gram Nyayalayas try criminal cases, civil suits, claims or disputes that are specified in the First Schedule and Second Schedule of the Act.
The District Court or the Court of Session may transfer all the civil or criminal cases, which are pending before the courts to the Gram Nyayalaya.
The Gram Nyayalaya has its discretion to retry the cases or proceed from the stage at which it was transferred to it.
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BPAC 133 Solved Free Assignment 2021-22
BPAC 133 Solved Free Assignment 2021-22