COMPARATIVE PUBLIC
ADMINISTRATION
MPA 503
PUBLIC ADMINISTRATION
IN INDIA
LECTURE 26
1
INDIA
• THE CONSTITUTION OF INDIA, WHICH
CAME INTO EFFECT ON 26 JANUARY
1950,[STATES IN ITS PREAMBLE THAT
INDIA IS
A SOVEREIGN SOCIALIST, SECULAR, D
EMOCRATIC REPUBLIC
• INDIA'S FORM OF GOVERNMENT,
TRADITIONALLY DESCRIBED AS "QUASIFEDERAL" WITH A STRONG CENTRE
AND WEAK STATES, HAS GROWN
INCREASINGLY FEDERAL SINCE THE
LATE 1990S AS A RESULT OF
POLITICAL, ECONOMIC, AND SOCIAL
CHANGES.
2
INDIA
• INDIA IS A FEDERATION WITH
A PARLIAMENTARY SYSTEM GOVERNED
UNDER THECONSTITUTION OF INDIA WHICH
SERVES AS THE COUNTRY'S SUPREME
LEGAL DOCUMENT.
• IT IS A CONSTITUTIONAL REPUBLIC
AND REPRESENTATIVE DEMOCRACY, IN
WHICH "MAJORITY RULE IS TEMPERED
BY MINORITY RIGHTS PROTECTED BY LAW“
• FEDERALISM IN INDIA DEFINES THE POWER
DISTRIBUTION BETWEEN THE FEDERAL
GOVERNMENT AND THE STATES. THE
GOVERNMENT ABIDES BY
CONSTITUTIONAL CHECKS AND BALANCES
3
EXECUTIVE
• THE PRESIDENT OF INDIA IS THE HEAD
OF STATE AND IS ELECTED INDIRECTLY
BY A NATIONAL ELECTORAL COLLEGE
FOR A FIVE-YEAR TERM
• THE PRIME MINISTER OF INDIA IS THE
HEAD OF GOVERNMENT AND
EXERCISES MOST EXECUTIVE POWER
• APPOINTED BY THE PRESIDENT, THE
PRIME MINISTER IS BY CONVENTION
SUPPORTED BY THE PARTY OR
POLITICAL ALLIANCE HOLDING THE
MAJORITY OF SEATS IN THE LOWER
HOUSE OF PARLIAMENT.
4
EXECUTIVE
• THE EXECUTIVE BRANCH OF THE INDIAN
GOVERNMENT CONSISTS OF THE
PRESIDENT, THE VICE-PRESIDENT, AND
THE COUNCIL OF MINISTERS—
THE CABINET BEING ITS EXECUTIVE
COMMITTEE—HEADED BY THE PRIME
MINISTER.
• ANY MINISTER HOLDING A PORTFOLIO
MUST BE A MEMBER OF ONE OF THE
HOUSES OF PARLIAMENT.
• IN THE INDIAN PARLIAMENTARY SYSTEM,
THE EXECUTIVE IS SUBORDINATE TO THE
LEGISLATURE; THE PRIME MINISTER AND
HIS COUNCIL ARE DIRECTLY RESPONSIBLE
TO THE LOWER HOUSE OF THE
PARLIAMENT.
5
LEGISLATIVE
• THE LEGISLATURE OF INDIA COMPRISES OF
A BICAMERAL PARLIAMENT IT OPERATES
UNDER A WESTMINSTERSTYLE PARLIAMENTARY SYSTEM AND
COMPRISES THE UPPER HOUSE CALLED
THE RAJYA SABHA ("COUNCIL OF STATES")
AND THE LOWER CALLED THE LOK
SABHA ("HOUSE OF THE PEOPLE").
• THE RAJYA SABHA IS A PERMANENT BODY
THAT HAS 245 MEMBERS WHO SERVE IN
STAGGERED SIX-YEAR TERMS. MOST ARE
ELECTED INDIRECTLY BY THE STATE AND
TERRITORIAL LEGISLATURES IN NUMBERS
PROPORTIONAL TO THEIR STATE'S SHARE
OF THE NATIONAL POPULATION.
6
LEGISLATIVE
• ALL BUT TWO OF THE LOK SABHA'S
545 MEMBERS ARE DIRECTLY
ELECTED BY POPULAR VOTE; THEY
REPRESENT
INDIVIDUAL CONSTITUENCIES VIA
FIVE-YEAR TERMS.[ THE REMAINING
TWO MEMBERS ARE NOMINATED BY
THE PRESIDENT FROM AMONG
THE ANGLO-INDIAN COMMUNITY, IN
CASE THE PRESIDENT DECIDES
THAT THEY ARE NOT ADEQUATELY
REPRESENTED.
7
JUDICIARY
INDIA HAS A UNITARY THREETIER INDEPENDENT JUDICIARY THAT
COMPRISES THE SUPREME COURT, HEADED BY
THE CHIEF JUSTICE OF INDIA, 24HIGH COURTS,
AND A LARGE NUMBER OF TRIAL COURTS.
• THE SUPREME COURT HAS ORIGINAL
JURISDICTION OVER CASES
INVOLVING FUNDAMENTAL RIGHTS AND OVER
DISPUTES BETWEEN STATES AND THE CENTRE;
IT HAS APPELLATE JURISDICTION OVER THE
HIGH COURTS.
• IT HAS THE POWER BOTH TO DECLARE THE LAW
AND TO STRIKE DOWN UNION OR STATE LAWS
WHICH CONTRAVENE THE CONSTITUTION THE
SUPREME COURT IS ALSO THE ULTIMATE
INTERPRETER OF THE CONSTITUTION.
•
8
ALL INDIA SERVICES
• ALL-INDIA SERVICES ARE THOSE SERVICES WHICH ARE
COMMON TO BOTH CENTRAL AND STATE
GOVERNMENTS.
• AT PRESENT, THERE ARE THE FOLLOWING ALL-INDIA
SERVICES :
• INDIAN ADMINISTRATION SERVICES
• INDIAN POLICE SERVICES
• INDIAN FOREST SERVICES
• INDIAN MEDICAL SERVICE
• INDIAN SERVICE OF ENGINEERS
• ALL-INDIA SERVICES FORM A SINGLE SERVICE WITH
COMMON RIGHTS AND STATUS AND UNIFORM SCALES
OF PAY THROUGHOUT THE COUNTRY.
• ALL THE THREE ALL-INDIA SERVICES ARE
CLASS-I (GROUP A)SERVICES.
9
ALL INDIA SERVICES
ALL-INDIA SERVICES HAVE THREE
CATEGORIES. THEY ARE:
• (I) SUPER TIME SCALE
• (II) SENIOR SCALE
• (III) JUNIOR SCALE.
• IN THE BEGINNING , THE OFFICERS ARE
APPOINTED ON JUNIOR SCALE.
• WITH THE COURSE OF TIME, JUNIOR SCALE
OFFICERS ARE PLACED IN THE SENIOR
SCALE AND THE SUPER TIME SCALE.
10
System of Recruitment
• THE COMPETITIVE EXAMINATION CONDUCTED BY
THE UPSC FOR DIRECT RECRUITMENT TO ALL-INDIA
SERVICES AND HIGHER CENTRAL SERVICES IS
KNOWN AS “ CIVIL SERVICES EXAMINATION”.
• SINGLE EXAMINATION: THE CIVIL SERVICES
EXAMINATION IS A SINGLE AND COMBINED
EXAMINATION FOR RECRUITMENT TO THE INDIAN
ADMINISTRATIVE SERVICES (IAS), INDIAN FOREST
SERVICES (IFS) AND THE OTHER HIGHER CENTRAL
SERVICES.
• NATIONALITY: FOR BOTH, IAS AND IPS, A CANDIDATE
MUST BE A CITIZEN OF INDIA. FOR THE OTHER
SERVICES, A CANDIDATE MUST BE EITHER CITIZEN
OF INDIA OR OF NEPAL OR OF BHUTAN OR REFUGEE
WHO CAM TO INDIA BEFORE 1962.
11
CENTRAL SERVICES
• THE PERSONNEL OF CENTRAL SERVICES WORK
UNDER THE EXCLUSIVE JURISDICTION OF THE
CENTRAL GOVERNMENT.
• MOST OF THEM ARE CONTROLLED AND
MANAGED BY THEIR RESPECTIVE MINISTRIES.
• THE CENTRAL SERVICES CONSISTS OF THE
CENTRAL CIVIL SERVICES AND THE GENERAL
CIVIL SERVICES.
•
•
•
•
•
THE FOUR CLASSIFIED CENTRAL SERVICES ARE:
(I) CENTRAL SERVICES, GROUP A
(II) CENTRAL SERVICES, GROUP B
(III) CENTRAL SERVICES, GROUP C
(IV) CENTRAL SERVICES, GROUP D
12
SYSTEM OF RECRUITMENT
• AGE LIMITS: A CANDIDATE MUST BE A MINIMUM
OF 21 YEARS AND A MAXIMUM OF 30 YEARS OF
AGE.
• EDUCATIONAL QUALIFICATION: A CANDIDATE
MUST HOLD A DEGREE FROM ANY OF THE
UNIVERSITIES INCORPORATED BY AN ACT OF
THE CENTRAL OR STATE LEGISLATURE IN INDIA
OR OTHER EDUCATIONAL INSTITUTION
ESTABLISHED BY AN ACT OF PARLIAMENT.
• NUMBER OF ATTEMPTS : EVERY CANDIDATE IS
PERMITTED FOUR ATTEMPTS AT THE
EXAMINATION. BUT THE NUMBER OF ATTEMPTS
PERMITTED TO OBC CANDIDATE IS SEVEN.
13
SYSTEM OF RECRUITMENT
• PLAN OF EXAMINATION: THE CIVIL SERVICES
EXAMINATION CONSISTS OF TWO SUCCESSIVE
STAGES CALLED THE PRELIMINARY
EXAMINATION AND THE MAIN EXAMINATION.
• THE PRELIMINARY EXAM IS MEANT FOR THE
SELECTION OF CANDIDATES FOR THE MAIN
EXAMINATION, WHILE THE MAIN EXAMINATION
IS MEANT FOR THE SELECTION OF CANDIDATE
FOR VARIOUS SERVICES AND POSTS.
• INTERVIEW TEST: IT AIMS AT ASSESSING
PERSONAL SUITABILITY OF THE APPLICANT FOR
A CAREER IN CIVIL SERVICES.
• THE QUALITIES JUDGED BY A INTERVIEW TEST
INCLUDES MENTAL ALERTNESS, CRITICAL
POWERS, LOGICAL EXPOSITION, LEADERSHIP,
AND MORAL INTEGRITY.
14
SELECTION OF CANDIDATES
• THE MARKS SECURED BY CANDIDATES IN THE
WRITTEN EXAMINATION AND THE INTERVIEW
TEST WOULD DETERMINE THEIR FINAL
RANKING.
• THE CANDIDATES ARE ALLOTTED VARIOUS
SERVICES KEEPING IN VIEW THEIR RANKS IN
THE MAIN EXAMINATION.
• THE UPSC SUBMITS THE LIST OF THE
SUCCESSFUL CANDIDATES ARRANGED IN THE
ORDER OF MERIT TO THE MINISTRY OF
PERSONNEL.
• THE MINISTRY OF EXTERNAL AFFAIRS GETS THE
FIRST CHOICE TO CHOOSE THE REQUIRED
QUOTA FOR THE INDIAN FOREIGN SERVICES
(IFS)
• AFTER THAT, THE MINISTRY OF PERSONNEL
SELECTS THE CANDIDATES FOR THE IAS.
15
SELECTION OF CANDIDATES
THEREFORE, THE IAS OFFICERS ARE
RECRUITED BY THE FOLLOWING
THREE METHODS :
• (I) BY DIRECT RECRUITMENT
THROUGH A COMBINED, OPEN,
COMPETITIVE CIVIL SERVICES
EXAMINATION
• (II) BY INDIRECT RECRUITMENT, THAT
IS, PROMOTION OF OFFICERS
• (III) BY SPECIAL SELECTIONS FROM
THOSE HOLDING GAZETTED POSTS
UNDER STATE GOVERNMENTS.
16
UNION PUBLIC SERVICE
COMMISSION
THE UNION PUBLIC SERVICE COMMISSION (UPSC)
IS THE CENTRAL RECRUITING AGENCY IN INDIA.
• IT IS AN INDEPENDENT CONSTITUTIONAL BODY
IN THE STATE THAT IS DIRECTLY CREATED BY
THE CONSTITUTION OF INDIA.
• THE CONSTITUTION CONTAINS ELABORATE
PROVISIONS REGARDING THE COMPOSITION,
APPOINTMENT AND REMOVAL OF MEMBERS,
POWERS AND FUNCTIONS AND INDEPENDENCE
OF USPC.
• THE UPSC CAN ALSO SERVE THE NEEDS OF A
STATE ON THE REQUEST OF THE GOVERNOR
AND WITH THE APPROVAL OF THE PRESIDENT OF
INDIA.
17
COMPOSITION
• THE UPSC CONSISTS OF A CHAIRMAN AND
OTHER MEMBERS APPOINTED BY THE
PRESIDENT OF INDIA.
• THE CONSTITUTION DOES NOT SPECIFY THE
STRENGTH OF THE COMMISSION BUT HAS
LEFT THE MATTER TO THE DISCRETION OF
THE PRESIDENT.
• HENCE, THE COMPOSITION OF THE
COMMISSION IS DETERMINED BY THE
PRESIDENT.
• USUALLY, THE COMMISSION CONSISTS OF 9
TO 11 MEMBERS INCLUDING THE CHAIRMAN.
18
INDEPENDENCE
• THE CONSTITUTION HAS MADE THE FOLLOWING
PROVISIONS TO SAFEGUARD AND ENSURE THE
INDEPENDENT FUNCTIONING OF UPSC:
• (I) THE CHAIRMAN OR AM MEMBER OF THE UPSC
CAN BE REMOVED FROM OFFICE BY THE
PRESIDENT ONLY IN THE MANNER AND ON THE
GROUNDS MENTIONED IN THE CONSTITUTION.
• (II) THE CONDITIONS OF SERVICES OF THE
CHAIRMAN OR A MEMBER, THOUGH
DETERMINED BY THE PRESIDENT.
• (III) THE ENTIRE EXPENSES INCLUDING THE
SALARIES, ALLOWANCES AND PENSIONS OF THE
CHAIRMAN AND MEMBERS OF THE UPSC ARE
CHARGED ON THE CONSOLIDATED FUND OF
INDIA.
19
UNION PUBLIC SERVICE COMMISSION
FUNCTIONS:
• THE UPSC PERFORMS THE FOLLOWING
FUNCTIONS:
• (I) IT CONDUCTS EXAMINATIONS FOR
APPOINTMENT S TO THE ALL-INDIA SERVICES.
• (II) IT ASSISTS THE STATE IN FARMING AND
OPERATING SCHEMES OF JOINT RECRUITMENT
FOR ANY SERVICES FOR WHICH CANDIDATES
POSSESSING SPECIAL QUALIFICATIONS ARE
REQUIRED.
• (III) IT SERVES ALL OR ANY OF THE NEEDS OF A
STATE ON THE REQUEST OF THE STATE
GOVERNOR AND WITH THE APPROVAL OF THE
PRESIDENT OF INDIA.
20
FUNCTIONS
• (IV) IT ADVICES THE PRESIDENT OF INDIA ON
THE FOLLOWING:
(a) ALL MATTERS RELATING TO METHODS OF
RECRUITMENT TO CIVIL SERVICES
(b) THE PRINCIPLES TO BE FOLLOWED IN MAKING
APPOINTMENTS TO CIVIL SERVICES AND POSTS
AND IN MAKING PROMOTION
(c) THE SUITABILITY OF CANDIDATES FOR
APPOINTMENTS TO CIVIL SERVICES AND POSTS
(d) ON ALL DISCIPLINARY MATTERS AFFECTING A
PERSON SERVICING UNDER THE GOVERNMENT
OF INDIA.
21
UNION PUBLIC SERVICE COMMISSION
• THE COMMISSION VISUALIZES THE UPSC TO BE THE
‘WATCHDOG OF MERIT SYSTEM’ IN INDIA.
• IT IS CONCERNED WITH THE RECRUITMENT TO THE
ALL-INDIA SERVICES AND CENTRAL SERVICES AND
ADVISES THE GOVERNMENT.
• IT IS NOT CONCERNED WITH THE CLASSIFICATION OF
THE SERVICES, PAY AND SERVICE CONDITIONS,
TRAINING, AND SO ON.
• THE ROLE OF UPSC IS NOT ONLY LIMITED, BUT ALSO
RECOMMENDATIONS MADE BY IT ARE ONLY OF
ADVISORY NATURE AND HENCE, THEY ARE JUST TO
ADVISE NOT TO DECIDE.
• THE EMERGENCE OF CENTRAL VIGILANCE
COMMISSION (CVC)IN 1954 AFFECTED THE ROLE OF
UPSC IN DISCIPLINARY MATTERS.
• HOWEVER THE UPSC, BEING AND INDEPENDENT
CONSTITUTIONAL BODY, HAS AN EDGE OVER THE
CVC.
22
MINISTRY OF PERSONNEL
• THE FULL-NAME OF THE MINISTRY OF
PERSONNEL IS THE MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES, AND PENSIONS.
• IT IS THE NODAL PERSONNEL AND
ADMINISTRATIVE REFORMS AGENCY IN THE
COUNTRY.
(a) IT IS HEADED, POLITICALLY BY THE PRIME
MINISTER AND ADMINISTRATIVELY, BY THE
PERSONNEL SECRETARY.
(b) DEPARTMENT OF PERSONNEL AND TRAINING
(c) DEPARTMENT OF ADMINISTRATIVE REFORMS,
AND PUBLIC GRIEVANCES.
(d) DEPARTMENT OF PENSIONS AND PENSIONER’S
WELFARE.
23
co MINISTRY OF PERSONNEL
ntinued
• THE VARIOUS AGENCIES WHICH WORKS UNDER THE
ADMINISTRATIVE CONTROL OF THE MINISTRY ARE:
1. UNION PUBLIC SERVICE COMMISSION (UPSC)
2. STAFF SELECTION COMMISSION (SSC)
3. PUBLIC ENTERPRISES SELECTION BOARD ( PESB)
4. CENTRAL VIGILANCE COMMISSION (CVC)
5. CENTRAL BUREAU OF INVESTIGATION (CBI)
6. CENTRAL ADMINISTRATIVE TRIBUNAL (CAT)
7. NATIONAL ACADEMY OF ADMINISTRATION ( NAA)
8. INDIAN INSTITUTE OF PUBLIC ADMINISTRATION
(IIPA)
9. INSTITUTE OF SECRETARIAT TRAINING AND
MANAGEMENT (ISTM)
10. JOINT CONSULTATIVE MACHINERY (JCM)
24
CENTRAL ADMINISTRATIVE
TRIBUNAL
• FOLLOWING POINTS CAN BE NOTED WITH REGARD TO
THE CENTRAL ADMINISTRATIVE TRIBUNAL:
1. IT WAS ESTABLISHED IN 1985 UNDER THE
ADMINISTRATIVE TRIBUNAL ACT (1985) OF
PARLIAMENT.
2. ITS OBJECTIVE IS TO PROVIDE SPEEDY AND
INEXPENSIVE JUSTICE TO AGGRIEVED CIVIL
SERVANTS. IT DEALS WITH DISPUTES RELATING TO
RECRUITMENT AND ALL SERVICES MATTERS.
3. IT IS A MULTI-MEMBER BODY CONSISTING OF A
CHAIRMAN, 16 VICE-CHAIRMAN AND 49 MEMBERS.
4. ITS MEMBERS ARE DRAWN FROM BOTH JUDICIAL
AND ADMINISTRATIVE STREAMS. THEY ARE
APPOINTED BY THE PRESIDENT.
5. IT IS GUIDED BY THE PRINCIPLES OF NATURAL
JUSTICE. IT IS NOT BOUND BY THE PROCEDURE LAID
DOWN IN THE CIVIL PROCEDURE CODE (1908).
25
Training of IAS
THE FOUNDATIONAL TRAINING COURSE ORGANIZED THE
NATIONAL ACADEMY IS A COMBINED TRAINING COURSE FOR
THE NEW ENTRANTS OF ALL INDIA SERVICES, THAT IS IAS, IPS
AND IFS
• THIS COMBINED COURSE UNDER A COMMON ROOF IS
IMPARTED WITH THE FOLLOWING OBJECTIVES:
i.
TO DEVELOP A FEELING OF BELONGINGNESS AND A BROAD
COMMON OUTLOOK AMONG THE MEMBERS OF THE HIGHER
CIVIL SERVICES.
ii. TO PROVIDE AN UNDERSTANDING OF THE CONSTITUTIONAL,
ECONOMIC, SOCIAL, POLITICAL, LEGAL AND CULTURAL
CONTEXT WITHIN WHICH THE ADMINISTRATORS HAVE TO
FUNCTION AND MAKE THEIR CONTRIBUTIONS.
iii. TO TEACH PROFESSIONAL, ADMINISTRATIVE AND HUMAN
VALUES AMONG THE PROBATIONERS.
iv. AFTER COMPLETION OF THE FOUNDATIONAL COURSE, THE
PROBATIONERS OF OTHER SERVICES ARE SENT TO THEIR
RESPECTIVE TRAINING INSTITUTES FOR PROFESSIONAL
TRAINING, WHILE IAS PROBATIONERS CONTINUE TO STAY AT
THE ACADEMY FOR THEIR PROFESSIONAL TRAINING.
•
26
continued
Training of IAS:
IN 1957, THE IAS STAFF COLLEGE WAS ESTABLISHED AT
SHIMLA TO PROVIDE A REFRESHER TRAINING COURSE FOR
SENIOR IAS OFFICERS.
• THE VARIOUS COMPONENTS OF THE INDUCTION TRAINING
PROGRAMME FOR IAS ARE:
i.
FOUNDATIONAL TRAINING
4MONTHS
ii. PROFESSIONAL TRAINING (FIRST SPELL)
5MONTHS
iii. DISTRICT TRAINING IN THE STATE
12MOTHS
iv. PROFESSIONAL TRAINING (SECOND SPELL)
3MONTHS
•
TOTAL
24MONTHS
27