BPAE 143
ADMINISTRATIVE SYSTEM IN BRICS
IGNOU BPAE 143 Solved Free Assignment
BPAE 143 Solved Free Assignment July 2023 & January 2024
Assignment – I
Q. 1. Discs the judicial structure of China.
Ans. The legal system in China is based on the assumption of providing justice to the socialist aspirations of the people rather than providing individual justice.
There is no common law in China and has Civil Law system, which includes statutes and excludes case law, which means court cases are not law.
The judiciary system of China has variety of internal and external controls that significantly limit its ability to take independent decisions.
The four levels of the judicial authorities in China are Grassroots or Basic peoples’ courts -3140, Intermediate peoples’ courts – 409, Higher people’s courts – 32 and – The Supreme people’s Court – 1.
The court has seven divisions and there is a President and many Vice-Presidents in each court. There are special courts in the areas of military, railways, maritime and forestry.
The Supreme Court: The Highest Court in China is the Supreme People’s Court (SPC) which is composed of a President, Members (Judges) and its Standing Committee. The National Peoples’ Congress (NPC) selects the President for a period of five years. There are many judges in SPC.
The Standing Committee appoints Vice-Presidents, heads of Division and Judges and works through various divisions or courts such as civil, criminal, economic and administrative.
The functions performed by SPC includes trying the cases that have the greatest influence in China, hearing appeals against the legal decisions of higher courts and as the court of first instance trying the cases within its original jurisdiction and to supervise the working of all other courts including special courts, overruling doubtful decision made by the courts or reviewing their decisions and to interpret the laws.
The Higher People’s Courts (HPC): These courts are under the control of Central Government and are developed for the provinces, autonomous regions and municipalities.
The structure is almost similar to the structure of SPC and has both Appellate and Original Jurisdiction.
The Intermediate People’s Court (IPC): The courts run at both the provincial level in the cities and districts directly under the provinces and the Central Government respectively.
The functions and powers of these courts include the original Jurisdiction or the first hearing cases under the law, first hearing cases transferred by the grassroots Courts, acknowledging and taking up the appeals against the decisions of lower courts under their Jurisdiction, performing the general supervision and control over the working of lower courts and guiding them.
The intermediate court transfers the serious cases to the higher courts and take up the following cases relating to the cases of major proportion under their Jurisdiction which are civil, administrative and judicial in nature and first hearing which are transferred by the lower courts, Appellate nature, Protested cases, the review of the first hearing cases rules by the intermediate courts that involves death penalty and supervising the working of lower courts and re-examining the cases with any kind of error.
The Local Peoples Courts (LPC): This court works at various levels like grassroots, intermediate and higher. The grassroots level courts have the Tribunals and work in counties, cities or administrative districts.
The courts also take care of the civil disputes and misdeeds that do not need trials and help in supervising and guiding the People’s Arbitration Committees and takes up the Public relations work in regard to laws and rules.
The Special Courts: The special courts in China are mainly for the military, maritime and railways. The Military Courts operate at three levels i.e., grassroots level, regional level and the People’s Liberation Army (PLA).
The grassroots courts are the kind of tribunals and the intermediate or regional level are the courts which have original jurisdiction like the people’s Courts.
The function of the Maritime Courts includes setting up to try first hearing maritime or sea-shipping cases.
The tribunals take care of the railway relating cases which are created to deal with crimes, disputes and preservation of railways.
The most common from the Chinese judicial system are the People’s courts, People’s Procuratorate system and the Public Security system.
Q 2. Highligh the citizenship, governance and administration in Brazil and Russia.
Ans. Brazil is considered as one of the most flamboyant and rapidly rising nation in South America. A person who is naturally born in the nation State of Brazil becomes a naturalized citizen of the nation State of Brazil automatically.
(i) Citizenship in Brazil: The Article 12 of the Constitution of Brazil directs the authorities to formulate the rules related to the citizenship in Brazil.
The child who is born to a Brazilian parent is further registered with the Brazilian consulate automatically and is eligible to become the citizen of the Brazilian nation State and that person has to testify before the Brazilian Judge.
The first and the foremost step tobecome the citizen of Brazil is the Consular Registration.
The people of foreign origin can also get the citizenship in Brazil with the condition that the person should have stayed in Brazil in a continuous manner for a period of four years and should be well versed in the colonial language of Portuguese.
The other two conditions are that the applicant should display efficiency of family and financial resources to stay as a citizen of the nation State of Brazil.
One more condition is that the applicants who have stayed in Brazil do not have a criminal indictment.
The norms of the Brazilian laws are not very strict and stringent. Another important feature of the citizenship in Brazil is dual citizenship where-in, the attainment of citizenship by birth and by the due process of law leading to naturalization are both permitted by the Brazilian system of citizenship and immigration.
(ii) Governance and Administration: The governance and administration of Brazil features both the Urban and the localized instruments of Governance. The administrative system of Brazil is turbulent in nature.
The Article 76 of the Federal Constitution of the nation state of Brazil states that the entire administrative set up along with the Executive is controlled by the Brazilian President who is assisted by the State Ministers.
Some of the Presidential powers in Brazil include the functioning of the Brazilian President as the supreme commander of the Armed forces and one who can take penal action against deviations in behaviour and action.
The Brazilian President is in charge of presenting the Budget Bill and the presentation of the previous Budget bills to the legislative branch in the nation state of Brazil.
Brazil has a well developed structure of Local Government which is constituted by the Union, State, Cities and the localized governing bodies much akin to the larger municipal and standard structure in the larger international system.
The Ombudsperson is the governing body which carries the fight of the people by registering complaints in the cases of mal-administration and deficits in the administrative set up of the nation state of Brazil.
Russia: Citizenship, Groverance and Administration
In the 21st century, Russia became a home to a nationalistic democracy which has the footprints of Communism still remain but is now led by the industry and is capitalist oriented with the pattern of growth and progression.
(i) Citizenship in Russia: There are some conditions which are important for attaining the citizenship in Russia.
Some of these are that the applicant needs to speak the Russian language and have a legal source of income and should be genuine and loyal tax payer.
There should be no criminal record and the applicant must have stayed in Russia as a permanent resident in the nation state of Russia for at least a period of five years.
The citizens of Russia are called as Rossiyane in the Russian language and the ethnic Russians are called as Ruskkie. After the end of the Russian Empire ended, the people and citizens were called as the “Soviet People”.
The Compatriots Act of 1999, and Article 11 of the Act states that all those previous citizens of Russia who had not taken up the citizenship of other nations can be taken as the citizens of the nation state of Russia.
A Child can also be regarded as a citizen of the nation state of Russia in many other contexts like whether the citizens and the parents are of Russian origin or not, not so important a fact while the birth of the Child in the Russian territory ought to be the central condition of the grant of the citizenship.
In case the Child is found in the Russian territory and the parents cannot be traced to the child for more than six months, then child is considered as the citizen of the nation state of Russia.
(ii) Governance and Administration: The Russian administrative system is considered as the most flawed system which means that it is part of the Demos of the World now but the footprints of autocracy are still embedded in the Russian administrative set up with a great centralization of power in the state capital of Moscow.
The Russian Presidency and the legal framework of the country are very strong. The Prime Minister of Russia is appointed by the President of the Russian with the approval of Duma, which is the central legislature and a representative and nominated body.
In case of the death of the President, the Prime Minister can become the President.
The State Duma is the Lower House and all the bills need to be passed by the Duma. There are Deputies in Duma which are 450 in number and most of these are elected by the proportional representation with at least 7 per cent of the votes to arrive at a seat in the House or the Duma. At present, the Duma is elected on a single day for a term of five years.
The Government of Russia is a semi-Presidential and federal nation in which the President holds the powers in the context of the State and the Prime Minister holds the Government together in the context of administration in Russia. The executive is under the control of the Russian President.
The main function of the Executive branch is administering the laws as they are passed by the President and the State Duma.
The Judiciary also helps in upholding the norms and the laws in the Russian land and are responsible for overseeing the civil and criminal cases and the arbitration Courts are involved with the issues in the property and the commercial disputes.
The President is responsible for recruiting the judges.
Assignment – II
Q. 3. Describe the structure of the South African Parliament.
Ans. The Parliament of South Africa (SA) or the South Africa’s National Legislature follows bicameral system of legislature. There are two houses the National Assembly as the lower house and the National Council of Provinces as the upper house.
The South African Parliament is responsible for promoting and taking care of the adherence to the value of dignity, equality, non-sexism, non-racial and all other rights constituted in the Bill of Rights, and to oversee the implementation of constitutional imperatives.
National Assembly: The lower house consists of not more than 400 elected members who are elected by the people.
A list s prepared by the political parties of the candidates to be elected and the seats are given to the parties in proportion to the number of votes the party received in the elections.
The Speaker is the head of the Assembly assisted by a Deputy Speaker and they are elected by the members of National Assembly.
The Speaker enjoys the status equal to a Cabinet Minister and the duties include the duties to preside over the House, conducting the meetings and maintaining order.
The Speaker also acts as the spokesperson of that House and as the Chief Executive officer of the Parliament.
National Council of Provinces: The upper house of the South African Parliament provides representation to the provinces in order to safeguard provincial interest.
There are 90 members i.e., 10 delegates from each of the nine provinces and each group of ten delegates comprises six permanent and four special delegates.
The functions of NCOP include an important role in law-making and it can pass, amend, propose amendments or reject any legislation before it.
The programmes initiated by NCOP are Taking Parliament to the People programme and Provincial week.
Q. 4. Write a note on the control mechanism over administration in India.
Ans. The administrative control system in India is a mix of British colonial rule and the Indian traditions and values along with the modern techniques and methods.
It is a combination of centralisation and decentrali- sation, traditional and progressive administration, administrative autonomy as well as accountability.
The administrative system in India is controlled by the political executive, the legislature and the judiciary. There is an expansion of the administrative agencies with numerous powers and discretions in their functioning.
The arrangement to control the misuse or abuse of the authority may be classified as executive (internal) control, legislative control, judicial control and ombudsman type control.
The routine functioning controls the executive and is broadly controlled by the political executive, i.e. through Cabinet and the ministries.
There is a Minister who supervises each department for the smooth implementation of policies and directives. The secretary controls the day-to-day activities and the administrative hierarchy also provides an inbuilt mechanism of control.
The activities like postings, training, transfers, promotion and performance appraisals are taken care of by the personnel department.
The Union Public Service Commission (UPSC) also assists in exercising control over personnel. There are a defined set of rules which are followed by the government servants.
The techniques like Result Framework Document (RFD) are adopted in India which provides an organized approach to ensure effectiveness and control.
An RFD is a record of understanding between a Minister representing the people’s mandate and the Secretary of the Department for implementing this mandate.
The three categories of legislative control in India are general control over policies and activities, financial control, and control through the parliamentary committees.
The general control of legislature over the administration (executive) is started by the members of Parliament in the form of the Parliamentary questions, Call attention motion, Adjournment motion, Half-an-hour discussion, Motions for discussions on matters of urgent public importance, No confidence motion and other debates and discussions in the routine working of Parliament and during the legislative process.
The critical and the important time for the government is at the time of the discussion of the budget.
At this time, the members of the Parliament get the opportunity to discuss and criticise the working of each Ministry, Department or other agencies of the government.
Audit reports are discussed in the house, other than the Parliamentary Committees.
The system of Parliamentary Committee in India facilitates a detailed examination of administration work, its implementation and finances.
Some of the important committees are Public Accounts Committee, Estimates Committee, Committee on Government Assurances, Committee on Petitions, Committee on Public undertakings, Committee on Subordinate Legislation.
An important role is played by the Indian Judiciary in the review of administrative actions.
The judiciary also plays an important role and act as a guardian of citizen’s fundamental rights.
In India, the Supreme Court is very important and has the power to interpret as to what actually is the law but it cannot direct what it should be.
The judicial control over administration in India is based upon the grounds such as lack of jurisdiction, error of procedure, error of law, violation of rules of natural justice and so on.
The relief through the judiciary is broadly divided into ordinary remedies and extra-ordinary remedies.
The ordinary remedies are the remedies to the power of ordinary courts of the land to exercise control over administrative actions like injunctions, declaratory action and Suit for Damages.
The extraordinary remedies are the remedies available with the citizens are in the form of writs which is a formal order by the judiciary in the name of government/officials/courts or other competent authorities.
As per the Article 32 and Article 226 of the Constitution, the Supreme Court of India and the High Courts possesses the power to issue “Writs” in their respective jurisdictions of the nature of Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto.
Q. 5. Briefly discuss the planning process in China.
Ans. Planning is a key characteristic of the nominally socialist economies, and one plan established for the entire country normally contains detailed economic development guidelines for all its regions.
In order to more accurately reflect China’s transition from a Soviet-style command economy to a socialist market economy, the plans since the 11th Five-Year Plan for 2006 to 2010 have been referred to in Chinese as “guidelines” instead of as “plans”.
The Provincial planning process can be divided into three stages:
(i) Preparation Stage: This stage begins with the assessment of the last five-year plan. Many research and studies are conducted and on that basis evaluation is done on various aspects of the economy.
The information is collected at this stage and provided to the policy-makers.
(ii) Formal Draft Outline Stage: This stage includes the outline and the draft of the concerned provincial five year plan.
The research and the studies collected is investigated and analysed for a broad outline of the five-year plan.
(iii) Information Dissemination Stage: During this stage, the collected information is dispersed and distributed amongst various departments officially through the government and party guide and also on behalf of print and online media periodicals. Process of Regional Planning in China:
The steps included in the regional plans are investigation and Data compilation, setting of targets based on widespread analysis and projections, segment detailed studies, plan drafting with graph and tables, appraisal and evaluation by officials and experts, statement and endorsement by higher authorities, accomplishment and response.
Planning Process of Special Plans in China: The objective of the Special Plans is the economic and social development of the country.
This plan consists of using the available documents, reviewing the projects, investment decisions and allocating budget funds to the concerned sector.
The formulation of the plan is done by the concerned ministries and commissions. The process of Special plans includes the preparation of the planning process, drafting of the plan, matching of the documents which means comparison with other major plans.
The next step is the plan targets which must have substantial impact under the special plan.
The publication is the next step and then is the implementation process which begins when the different departments of the government carry forward plan and its future outcome for processing.
The next is the mid-term evaluation of the plan in which the plan is assessed and suggestions will be worked out for its future course of action.
Assignment – III
Q. 6. Discuss the basic features of South Africa Constitution. Ans. Basic Features of South Africa Constitution:
(i) Legislative Branch: The legislative branch of South Africa consists of the National Assembly (the lower house) which consists of 400 members and the National Council of Provinces (the upper house).
The members of the General Assembly elects the President of the country and the President and the Ministers are responsible to the Parliament of which they must be elected members.
(ii) Executive Branch: The executive branch consists of the President, Deputy President and the Ministers.
The Ministers are the Members of Parliament who are elected by the President to head the various departments of the national government.
The members of the Parliament elect the president and the ministers, the Cabinet are all accountable to Parliament for their actions.
(iii) Judicial Branch: The judicial branch is responsible for interpreting the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment.
Q. 7. Highlight the role and responsibilities of the President of India.
Ans. The President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation, by means of single transferable vote.
To secure uniformity among state inter se, as well as parity between the states as a whole, and the Union, suitable weightage is given to each vote.
The President must be a citizen of India, not less than 35 years of age, and qualified for election as member of the Lok Sabha.
His term of office is five years, and he is eligible for re-election. His removal from office is to be in accordance with procedure prescribed in Article 61 of the Constitution.
He may, by writing under his hand addressed to the Vice-President, resign his office. Executive power of the Union is vested in the President, and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution. Supreme command of defence forces of the Union also vests in him.
The President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances at any time, except when both Houses of Parliament are in session, makes recommendations for introducing financial and money bills and gives assent to bills, grants pardons, reprieves, respites or remission of punishment or suspends, and remits or commutes sentences in certain cases.
When there is a failure of the constitutional machinery in a state, he can assume to himself all, or any of the functions of the government of that state.
The President can proclaim emergency in the country if he is satisfied that a grave emergency exists, whereby security of India or any part of its territory is threatened, whether by war or external aggression or armed rebellion.
Q. 8. Enumerate the importance of bureaucracy in the policy process.
Ans. There are many actors and stakeholders involved in the process of policy-making. The main role is played by the political executive and the legislature and by the permanent executive or the bureaucratic.
The bureaucracy is the storehouse of information. The final analysis may consist of certain facts which are stressed and some may be de-emphasized in the final analysis which can influence the whole policy.
The bureaucratic support is important because of the lack of expertise with the political executive and the legislatures and the limitation of time with the legislative institutions.
The higher bureaucracy is involved in the formation of policies in an exponential manner. The bureaucracy also plays an important role in policy implementation and policy analysis.
The bureaucrats are the experts in their respective fields and their expertise is important in executing the policies. The political executive also plays an important role in the implementation of the policies.
The bureaucrats play a vital role in the implementation of the policies who use their own discretion in implementing the policy.
The civil servants also play a significant role as the custodian of information and files. The bureaucratic organization is organized in a hierarchical manner which handles all the important and day-to-day tasks.
Q. 9. What is Skeleton plan in Brazil?
Ans. The actual planning process starts at this stage and s taken care of by the supervision of Ministries of Planning, Finance and other relevant ministries.
The institutions like SUDENE, SUDAM (Superintendency for the Development of the Amazonia), RADAM, INCRA and ROVALE are also involved in planning process in Brazil which takes care of the implementation of the projects.
The sectoral plans were implemented by the Piano SALTE and Piano De Metas.
The Global Planning Programme was initiated by the Goulart Plan which was based upon three year plan for economic and social development in Brazil.
The global objectives of the plans were persistence of the unreserved economic growth in industry, an improvement decrease of the inflationary expansion to an inflation rate of 11 p.c., alteration of the regionally as well as personally uneven allocation of incomes, understanding of essential reforms, reduction of foreign debts.
Some other global objectives were augmentation of economic expansion to an annual GDP growth rate of 7 p.c., improving of gradual decline of the inflation rate from 80 p.c. (1964) to 25 p.c. (1965) and to 10 p.c., amplify of the general economic investment ratio between 17 and 20 p.c., decrease of the hitherto established national budget deficits, symmetry in the balance of payments through the expansion of a system of export creation enticement.
Q. 10. Write a note on citizenship in Russia.
Ans. There are some conditions which are important for attaining the citizenship in Russia.
Some of these are that the applicant needs to speak the Russian language and have a legal source of income and should be genuine and loyal tax payer.
There should be no criminal record and the applicant must have stayed in Russia as a permanent resident in the nation state of Russia for at least a period of five years.
The citizens of Russia are called as Rossiyane in the Russian language and the ethnic Russians are called as Ruskkie. After the end of the Russian Empire ended, the people and citizens were called as the “Soviet People”.
The Compatriots Act of 1999, and Article 11 of the Act states that all those previous citizens of Russia who had not taken up the citizenship of other nations can be taken as the citizens of the nation state of Russia.
A Child can also be regarded as a citizen of the nation state of Russia in many other contexts like whether the citizens and the parents are of Russian origin or not, not so important a fact while the birth of the Child in the Russian territory ought to be the central condition of the grant of the citizenship.
In case the Child is found in the Russian territory and the parents cannot be traced to the child for more than six months, then child is considered as the citizen of the nation state of Russia.
IGNOU BPAE 142 Solved Free Assignment 2023-24