REGULATORY GOVERNANCE Regulation refers to “controlling human or societal behaviour by rules/regulations or alternatively a rule/order issued by an executive authority/regulatory agency of a Govt & having the force of law”. Regulation covers all activities of private or public behaviour that may be detrimental to societal or governmental interest It can be operationally defined as “taxes & subsidies of all sorts as well as explicit legislative & administrative controls over rates, entry, & other facets of economic activity”. Definition – Regulatory Governance can be defined as the furthering of public goals by setting, monitoring, & enforcement of regulations directed at influencing behavior & that involves private parties Some more or less conceive of ‘regulation’ & ‘governance’ as synonyms. In this sense, regulation & governance both refer to operations aimed at influencing public goal Others argue that regulation is only a subset of activities that is encompassed with the overarching term governance. They distinguish regulation from the granting, allocating & distributing of scarce resources While regulation only indirectly shapes the distribution of scares resources in society by setting, monitoring & enforcing norms & st&ards, other policies are about the direct distribution or redistribution of scarce resources. In this sense, governance refers to both direct & indirect attempts to achieve public goals by way of ‘providing, distributing, & regulating’. The second difference in meanings attributed to governance pertains to the relationship between governance & government. Some distinguish governance from contents & actors. Conceived of as such governance concerns modes of social coordination to provide collective goods by regulation regardless of which actors undertake these attempts. According to this definition, governance can also include hierarchical steering by state actors only. Others define governance in terms of the involvement of private parties with the realization of public goals, or ‘beyond government’. Conceived of as such, governance is distinguished from social steering by state agents only, or ‘governance by government’. Important Regulatory Bodies in India Sectors Regulator Telecommunicatio n Industry Telecom Regulatory Authority of India Inland & Waterways for shipping & navigation Inland Waterways Authority of India Financial Audit & Accounting professions Institute of Chartered Accountants of India National Highways National Highways Authority of India Financial system & monetary policy Reserve Bank of India Commodity Market Forward Markets Commission (merge d with SEBI) Mining & Mineral Exploration Directorate General of Mines Safety(DGMS) Food Safety Food Safety & St&ards Authority of India Security Market Securities & Exchange Board of India Aeronautical Tariff Airports Economic Regulatory Authority Insurance industry Insurance Regulatory & Development Authority Pension PFRDA – Pension Fund Regulatory & Development Authority Company- related matters Registrar of Companies Competition Commission of India Power sector Central Electricity Regulatory Commission Warehouses Warehousing Development & Regulatory Authority Atomic Energy Atomic Energy Regulatory Board Housing Finance companies National Housing Bank Medical Devices & drugs Central Drug standardisation & control organisation Administrative Law: Concept, Definition, Nature, Scope & Principle & its Sources 1. Introduction of Administrative Law It is a branch of law commonly referred to as public law, the law which regulates the relationship between the citizen & the state & which involves the exercise of state power. So, it is a part of the legal framework for public administration. It is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. It deals with the decision making of such administrative units of government as tribunals, boards or commissions that are part of a national regulatory scheme in such areas as police, law , international trade manufacturing, environment, taxation, broadcasting immigration & transport. 2. Concept of Administrative Law: It is that body of law which applies for hearings before quasi-judicial bodies, boards, commissions or administrative tribunals supplement the rules of natural justice with their own detailed rules of procedure. Through jurisprudence, common law or case law, these principles have each been expanded & refined beyond their original simplistic design to form distinct bodies of law forming together what the legal system refers to as administrative law. 3. Definition of Administrative Law: It deals with the legal control of government & related administrative powers. It consists of complaints respecting government action that adversely affects an individual. It involves determining the legality of government actions If government officials act outside the scope of their lawful authority & individuals are affected by these acts, then the principles of administrative law provide individuals with the ability to seek judicial review of the administrative action & possible remedies for the wrongful acts. 3.1 Ivor Jennings : "Administrative law is the law relating to the administrative authorities 3.2 K. C. Davis: "Administrative law as the law concerns the powers & procedures of administrative agencies, including especially the law governing judicial review of administrative action 3.3 Definition by Griffith & Street Following three aspects: What are the limits of those powers? What sort of power does the administration exercise? What are the ways in which the administrative is kept within those limits? 4. Scope of Administrative Law: It is limited to: Establishment, organization & powers of various administrative bodies Delegated legislation - the Rule-making power of the authorities Judicial functions of administrative agencies such as tribunals Remedies available such as Writs, Injunction etc. Procedural guarantees such as the application of principles of Natural Justice Government liability in tort Public corporations 5. Sources of Administrative Law: 5.1 Constitution The Constitution is the supreme law of the land. Any law or act which is inconsistent with it has no force or effect. The Constitution is binding on the executive branch of government in every sphere of administration. 5.2 Acts & Statutes 5.3 Ordinances, Notification & Circular 5.4 Judicial decision 6. Principles of Administrative Law: 6.1 Judicial Review: The exercise of legal power may often involve the exercise of discretion to choose between alternative courses of action or, indeed, whether or not to act at all. The essence of discretion is, however, that it is contained within legal limits. A power not contained within such limits would be arbitrary. 6.2 Principle of legitimate expectation It was, in fact, for the purpose of restricting the right to be heard that 'legitimate expectation' was introduced into the law. 6.3 Principle of reasonableness This principle expresses the logical relationship that must exist between discretional decisions & the evaluation of all public & private interests involved in the circumstances of the case. 6.4 Principle of good governance Good governance is about the processes for making & implementing decisions. It’s not about making ‘correct’ decisions, but about the best possible process for making those decisions. Good governance has eight major characteristics: Participatory Consensus oriented Accountability Effective & efficient Equitable & inclusive Rule of law Transparent 6.5 Principle of natural justice “Not only should justice be done, but it should be seen to be done” 6.6 The principle of rule of law “Where laws do not rule, there is no constitution The notion of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion & a king who ruled by law, the later was ” clearly superior to the former. The essence of the rule of law is that of the sovereignty or supremacy of law over man & the government 6.7 The principle of accountability That there must be in place forums in which decision makers may be called to account to justify their actions. Such accountability may be political or legal. A minister should be accountable to Parliament at the political level to justify 6.8 Classification of power The separation of powers is a useful doctrine in order to measure any undue shift of power toward the executive It is a doctrine which is fundamental to the organization of a state – and to the concept of constitutionalism 7. Objectives of Administrative Law: Following are the objectives of administrative law: Control of government powers: Remedy to aggrieved person: Equal status of state & public: Effective use of government power: Public utility: Determination of government & public disputes: Determination of social problems: Performance of administration - improvement: Maintenance of Rule of law: Citizen Centric Administration - 12th Report of 2nd ARC Citizen-Centric Administration means placing citizens at the centre of modern public administration. This can be achieved by addressing the immediate concerns of citizens i.e. transparency, efficiency, stability & continuity in the governance systems. The Government at all levels has endeavoured to provide a citizen-centric administration by 1. Providing Robust Legal Framework 2. Creation of Institutions such as Lokayuktas, National Human Rights Commission (NHRC), National Women’s Commission (NWC), National Consumer Disputes Redressal Commission etc. 1. 2. 3. 4. 5. 6. 7. 8. Core Principles of Citizen-Centric Administration 2nd Administrative Reforms Commission (ARC) has given the following core principles for making Governance citizen-centric. Rule of Law – Zero Tolerance Strategy Making Institutions vibrant, responsive & accountable. Decentralization Transparency Civil Service Reforms Ethics in Governance Process Reforms Periodic & independent evaluation of the quality of Governance. To Make the Administration more Citizen-Centric, the 2nd ARC has examined the following strategies, processes, tools, & mechanisms. 1. Re-engineering processes to make Governance ‘citizen-centric’. 2. Adoption of Appropriate Modern Technology 3. Right to Information (RTI) 4. Citizens Charters 5. Independent Evaluation of Services. 6. Grievance Redressal Mechanisms (GRM) 7. Active Citizens Participation – Public-Private Partnerships 1. 2. 3. 4. 5. 6. 7. 8. Concept of Citizen-Centric Administration The concept of good governance existed even during the days of Chanakya. He had mentioned it elaborately in Arthashastra. Citizens centric administration lies on the foundation of good governance. Good governance is made up of the following 8 attributes. Accountable Transparent Responsive Participatory Consensus Oriented Follows Rule of Law Effective & efficient Equitable & Inclusive. 1. 2. 3. 4. 4 Main Pillars of Good Governance Good governance aims at providing public services effectively, efficiently, & equitably to the citizens. Good governance aims at providing an environment in which all citizens irrespective of caste, class, & gender can develop to their full potential. Ethos (of service to the citizens) Ethics (Honesty, Integrity, & Transparency) Equity (Treating all citizens alike with empathy for weaker sections) Efficiency (Speedy & effective delivery of service without harassment & using ICT increasingly). Barriers to Good Governance. 1. Attitudinal Problems of Civil Servants – As per the 2nd ARC report Civil Servants have become inflexible, self-perpetuating, inward-looking. 2. Lack of Accountability – Very rarely disciplinary actions are initiated against delinquent officers. There is no performance evaluation structure. 3. Red Tapism – Bureaucracies have to adhere to rules & procedures which are important for good governance, however sometimes these rules & procedures are ill-conceived & cumbersome & they do not serve the very purpose of their existence. 4. Low Levels of Awareness of the Rights & Duties of Citizens – Awareness of rights & duties would ensure that officials & other citizens discharge duties effectively & honestly. 5. Ineffective Implementation of Laws & Rules – We have a large number of laws to protect the rights of the citizens & vulnerable sections of society, but the weak implementation of these laws erodes the faith of the citizens in the Government machinery. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. Functions of Government Functions of Government are wide-ranging & it can be classified into 5 types which are mentioned below. Self Preservation – It is protecting from external & internal aggression. This function is discharged by the Government by raising & maintaining Police, Law Enforcement Agencies, & the Indian Armed Forces. They are empowered through legislation. Supervision & Resolution of Conflicts – Here democracy must be strengthened, ensuring equity to all citizens, setting up conflict resolution mechanisms. Socio-Economic Development – Bringing in measures so that the welfare of the weaker & vulnerable sections of the society are protected. Regulation of the Economy – Adopting sound fiscal & monetary policies by the Government is one of the major duties. Provision of Goods & Services – With the emphasis of Socio-Economic Development, Government are major providers of goods & services such as education, health & public distribution of food grains, etc. Citizens Charters The citizen charter program was launched in May 1997. As of February 2007, 650 citizen charters were developed by various departments & agencies of state governments & Union Territories. At the Union level 115 Citizen Charters have been formulated Citizen Charter – Meaning & Objectives Citizen Charter is a public statement Citizen Charter defines the entitlements of citizens to a specific service, standards of service, the conditions to be met by users The Remedies are available for users in case of non-compliance with standards. The main aim of citizen charter is to make public services citizen-centric. Citizen Charter ensures that the services are demand-driven rather than supply-driven. Citizens Participation in Administration 1. 2. 3. 4. 5. As per the Commission, the mechanism for citizens’ participation in governance can take the following forms. Citizens seeking Information Citizens giving suggestions Citizens demanding better services Citizens holding service providers & other agencies accountable Active citizen’s participation in administration/decision making. Decentralization & Delegation Decentralization is the transfer of powers away from the centre to the local branches or governments. Delegation of powers is entrusting one’s powers to the others. Benefits of Delegation 1. Saves time 2. 3. 4. 5. Develops people Grooms & motivates a successor Increase productivity Provides invaluable training to associates & employees. Barriers of Delegation 1. Reluctance on the part of superiors to delegate for various reasons like lack of trust, difficulty in monitoring, supervision; feeling that his subordinates will get all the credit & he believes he can do the task better. 2. Reluctance by the subordinates to accept delegation due to various reasons like fear of making mistakes, fear of criticism from supervisors, lack of self-confidence. Grievance Redressal Mechanism 1. 2. 3. 4. 5. 6. 7. 8. There are many institutional mechanisms to work on citizens’ grievance redressal mechanisms. Some of them are mentioned below Department of Administrative Reforms & Public Grievances (DARPG) Directorate of Public Grievances (DPG) Lokpal Lokayukta Chief Vigilance Commission (CVC) Ombudsman Committees Tribunals Consumer Protection 1. 2. 3. 4. There are consumer courts for the disposal of cases, yet there are inordinate delays in delivering justice. As per reports, a very low percentage of cases are resolved in a stipulated time period of 90 days, the average period of disposal of cases was 150 days. Some of the reasons for the delay in the final settlement of disputes are mentioned below. Lack of infrastructure Delay in Appointments of Chairpersons & Members. Rigid adoption of procedures Liberal grant of adjournments. 1. 2. 3. 4. Laws Enacted for Protection of Consumers’ Interests Some of the laws enacted are mentioned below. Consumer Protection Act 1986, was amended in 2019. Prevention of Food Adulteration Act, 1954. Essential Commodities Act Rules & Regulations under the Municipal Acts of the States. Special Institutional Mechanism – 8 Institutions National Commission for Scheduled Castes (NCSC) The Office of Commissioner for Scheduled Castes & Scheduled Tribes was established as per Article 338 of the Constitution. After the 46th Amendment, a multi-member Commission was constituted in 1978, it was renamed as the National Commission for Scheduled Castes & Scheduled Tribes in 1987. Hence the National Commission for Scheduled Castes (NCSC) was constituted in 2004. It must safeguard the rights of Scheduled Castes. This Commission has the powers of a Civil Court. National Commission for Scheduled Tribes (NCST) This commission was constituted in 2004. It was formed after insertion of Article 338A, by carrying out the 89th amendment of the constitution. NCST has 6 regional offices, it handles socio-economic, educational development, service safeguards, & atrocities related to Scheduled Tribes. National Human Rights Commission It was constituted in 1994 following the enactment of the Protection of Human Rights Act, 1993. National Commission for Women (NCW) NCW was set up as a statutory body in 1992 after the enactment of the National Commission for Women Act, 1990. They are manated to redress the grievances related to women. National Commission for Protection of Child Rights (NCPCR) NCPCR was set up in 2007 as a statutory body after the enactment of the Commissions for Protection Child Rights Act, 2005; to protect, promote, & defend child rights in the country. National Backward Classes Commission (NBCC) NBCC was constituted in 1993 with the enactment of the National Commission for Backward Classes Act, 1993. The mandate is to examine the complaints of over-inclusion or under-inclusion of any class of citizens in a list of Backward classes. National Commission for Minorities (NCM) NCM was constituted as a statutory body in 1993 following the enactment of the National Commission for Minorities Act 1992. Their mandate is to safeguard the interests of minorities in India. National Consumer Disputes Redressal Commission This statutory commission was constituted after the enactment of the Consumer Protection Act 1986. The mandate of this commission is to redress the grievances related to consumer disputes. This commission has been bestowed with Judicial Powers. E-Governance E-Governance can be defined as the application of information & communication technology (ICT) for providing government services, exchange of information, transactions, integration of previously existing services & information portals. The Council of Europe referred to e-Governance as: The use of electronic technologies in three areas of public action: relations between the public authorities & civil society The functioning of the public authorities at all stages of the democratic process (electronic democracy) the provision of public services (electronic public services) Reasons for Opting e-Governance 1. Governance per se has become very complex 2. Increase in citizens’ expectations from the government Different Connotations of e-Governance 1. e-Administration: The use of ICTs to modernize the state; the creation of data repositories for Management Information System (MIS) & computerization of records (land, health etc). 2. e-Services: The emphasis here is to bring the state closer to the citizens. Eg: Provision of online services. E-administration & e-services together constitute what is largely termed as e-government. 3. e-Governance: The use of IT to improve the ability of the government to address the needs of society. It includes the publishing of policy & program-related information to transact with citizens. It extends beyond the provision of online services & covers the use of IT for strategic planning & reaching the development goals of the government. 4. e-Democracy: The use of IT to facilitate the ability of all sections of society to participate in the governance of the state. Origin e-Governance originated in India during the 1970s with a focus on in-house government applications in the areas of defence, economic monitoring, planning & deployment of ICT to manage data intensive functions related to elections, census, tax administration etc. Initial Steps Taken The establishment of the Department of Electronics in 1970 was the first major step towards egovernance in India as it brought ‘information’ & its communication to focus. National Informatics Centre (NIC) established in 1977, launched the District Information System program to computerize all district offices in the country The main thrust for e-governance was provided by the launching of NICNET in 1987 – the national satellite-based computer network. Objectives 1. Better service delivery to citizens. 2. Ushering in transparency & accountability. 3. Empowering people through information. 4. Improve efficiency within Government i.e between centre-state or inter-states. 5. Improve interface with business & industry. Pillars of e-Governance People Process Technology Resources Types of Interaction in e-Governance 1. G2G i.e. Government to Government G2C i.e. Government to Citizen 2. G2B i.e. Government to Business G2E i.e. Government to Employees Initiatives Taken for e-Governance in India S.N o. 1. 2. 3. Program Bhoomi Project (Karnataka): Online Delivery of L& Records KHAJANE (Karnataka): End-toend automation of Government Treasury System e-Seva (Andhra Pradesh) 4. e-Courts 5. e-District 6. MCA21 Details Bhoomi is a self-sustainable e-Governance project for the computerized delivery of 20 million rural l& records to 6.7 million farmers of Karnataka. ‘Government-to-Government (G2G) e-Governance initiative of the Karnataka State Government. It has been implemented mainly to eliminate systemic deficiencies in the manual treasury system & for the efficient management of state finances. Designed to provide ‘Government to Citizen’ & ‘eBusiness to Citizen’ services. All the services are delivered online to consumers /citizens by connecting them to the respective government departments & providing online information at the point of service delivery. The project has become very popular among the citizens especially for the payment of utility bills. Launched by the Department of Justice, Ministry of Law & Justice. The Mission Mode Project (MMP) aims at utilizing technology for improved provisioning of judicial services to citizens. Launched by the Department of Information Technology. The MMP aims at delivery of high volume, citizen-centric services at the District level such as the issue of birth/death certificate, income & caste certificates, old age & widow pension, etc. Launched by the Ministry of Corporate Affairs. The project aims to provide electronic services to the Companies registered under the Companies Act. Various online facilities offered includes allocation & change of name, incorporation, online payment of registration charges, change in address of registered office, viewing of public records & other related services. 7. e-Office Launched by the Department of Administrative Reforms & Public Grievances. The MMP aims at significantly improving the operational efficiency of the Government by transitioning to a "Less Paper Office". Digital India Initiatives It is an umbrella program to prepare India for a knowledge-based transformation. It weaves together a large number of ideas & thoughts into a single comprehensive vision so that each of them is seen as part of a larger goal. It has been launched by the Ministry of Electronics & Information Technology (Meity). Vision Areas Digital infrastructure as Utility to Every Citizen Governance & services on demand Digital empowerment of citizens Various Initiatives Under Digital India Initiatives 1. MyGov: It aims to establish a link between Government & Citizens goal of good governance. It encourages citizens as well as people abroad to participate in various activities i.e. 'Do', 'Discuss', 'Poll', 'Talk', ‘Blog’, etc. 2. DigiLocker: It serves as a platform to enable citizens to securely store & share their documents with service providers who can directly access them electronically. 3. Hospital-Online Registration Framework (ORF): It is an initiative to facilitate the patients to take online OPD appointments with government hospitals. This framework also covers patient care, laboratory services & medical record management. 4. National Scholarships Portal (NSP): It provides a centralized platform for application & disbursement of scholarship to students under any scholarship scheme. 5. DARPAN: It is an online tool that can be used to monitor & analyze the implementation of critical & high priority projects of the State. It facilitates presentation of real time data on Key Performance Indicators (KPIs) of selected schemes/projects to the senior functionaries of the State Governmen´ t as well as district administration. 6. PRAGATI (Pro-Active Governance & Timely Implementation): It has been aimed at starting a culture of Pro-Active Governance & Timely Implementation. It is also a robust system for bringing e-transparency & e-accountability with real-time presence & exchange among the key stakeholders. It was launched in 2015. 7. Common Services Centres 2.0 (CSC 2.0): It is being implemented to develop & provide support to the use of information technology in rural areas of the country. The CSCs are Information & Communication Technology (ICT) enabled kiosks with broadband connectivity to provide various Governments, private & social services at the doorstep of the citizen. 8. Mobile Seva: It provides government services to the people through mobile phones & tablets. 9. Jeevan Pramaan: It is an Aadhaar based Biometric Authentication System for Pensioners. The system provides authenticity to Digital Life Certificate without the necessity of the pensioner being present in person before his/ her Pension Dispensing Authority (PDA). 10. National Centre of Geo-informatics (NCoG): Under this project, Geographic Information System (GIS) platform for sharing, collaboration, location based analytics & decision support system for Departments has been developed. 11. National e-Governance Plan (NeGP): It takes a holistic view of e-Governance initiatives across the country, integrating them into a collective vision & a shared cause. It comprises of 31 Mission Mode Projects, approved in 2006, but later it was integrated into Digital India Program. e-Kranti: National e-Governance Plan 2.0 It is an essential pillar of the Digital India initiative. It was approved in 2015 with the vision of “Transforming e-Governance for Transforming Governance”. There are 44 Mission Mode Projects under e-Kranti, which are at various stages of implementation. Thrust Areas of e-Kranti 1. e-Education: All schools will be connected to broadband. Free WiFi will be provided in all secondary & higher secondary schools (coverage would be around 250,000 schools). 2. PMGDISHA: Pradhan Mantri Gramin Digital Saksharta Abhiyaan aims to make six crore people in rural India digitally literate. 3. SWAYAM: It includes Massive Online Open Courses (MOOCs) for leveraging e-Education. It provides for a platform that facilitates hosting of all the courses, taught in classrooms from Class 9 till post-graduation to be accessed by anyone, anywhere at any time. 4. e-Healthcare: e-Healthcare would cover online medical consultation, online medical records, online medicine supply, pan-India exchange for patient information, etc. 5. Farmers: This would facilitate farmers to get real-time price information, online ordering of inputs & online cash, loan, & relief payment with mobile banking. 6. Security: Mobile-based emergency services & disaster-related services would be provided to citizens on a real-time basis so as to take precautionary measures well in time & minimize loss of lives & properties. 7. Financial Inclusion: Financial inclusion shall be strengthened using mobile banking, Micro-ATM program, & CSCs/ Post Offices. 8. Justice: Interoperable Criminal Justice System shall be strengthened by leveraging several related applications, i.e. e-Courts, e-Police, e-Jails, & e-Prosecution. 9. Planning: National GIS Mission Mode Project would be implemented to facilitate GIS-based decision making for project planning, conceptualization, design, & development. 10. Cyber Security: National Cyber Security Co-ordination Centre has been set up to ensure a safe & secure cyber-space within the country. Benefits/ Outcomes of E-Governance Enhanced Transparency & Accountability. Expanded reach of Governance. Improved Public Administration. Enables Environment for Promoting Economic development. Improved service delivery in the form of better access to information & quality services to citizens. Challenges to E-Governance 1. Infrastructure Lack of basic infrastructural facilities like electricity, internet, etc. Initiatives like BharatNet & Saubhagya are steps taken in this regard. 2. Cost E-Governance measures are costly affairs & require huge public expenditure. In developing countries like India, the cost of projects is one of the major impediments in the implementation of eGovernance initiatives. 3. Privacy & Security Recent spark in data leak cases has threatened the peoples’ faith in egovernance. Must have security standards & protocols for safeguarding the interest of all 4. Digital Divide Huge gap between users & non-users of egovt. services. The digital divide takes form in rich-poor, male-female, urban-rural etc segments of the population. Suggestions 1. Hybrid approach needs to be adopted for enhancing interoperability among e-governance applications which will encompass a centralized approach for document management, knowledge management, file management, grievance management etc. 2. The e-governance initiatives in rural areas should be taken by identifying & analyzing the grassroots realities. 3. The government should also focus on devising appropriate, feasible, distinct & effective capacity building mechanisms for various stakeholders viz bureaucrats, rural masses, urban masses, elected representatives, etc. 4. Cloud computing: It is also becoming a big force to enhance the delivery of services related to e-governance. Cloud computing is not only a tool for cost reduction but also helps in enabling new services, improving the education system & creating new jobs/ opportunities. Meghraj- GI Cloud is a step in the right direction. The focus of this initiative is to accelerate the delivery of e-services in the country while optimizing ICT spending of the Government. 5. e-Governance Through regional languages is appreciable for the nations like India where people from several linguistic backgrounds are the participants. Conclusion E-Governance is getting momentum in India, but public awareness & the digital divide are important issues to be addressed. The success of e-Governance measures largely depends on the availability of high-speed internet, & the nation-wide roll-out of 5G technology in the near future will strengthen our resolve. Uttarakhand E-Governance Facilities: 1. 2. 3. 4. 5. 6. 7. Online Application forms Online Employment service Online Government Notification Dev bhoomi - Uttarakhand Land Records Online Content Creation / IT Enabled Course Curriculum School Education Portal Related Resources 1. Online Application forms: Department wise public utility forms Government orders Government tenders Visit http://sugamsewa.uk.gov.in/ 2. Online Employment service: Job Assistance Services Vocational Guidance Services Self-Employment Services & Solutions Visit http://rojgar.uk.gov.in/ 3. Online Government Notification Government notification in Hindi/ English Visit http://go.uk.gov.in/ to know more about the service. 4. Dev bhoomi – Uttarakhand & Records Uttarakhand government has launched Citizen Centric Land Records Website of Uttarakhand – “Dev-bhoomi” on 9th Nov, 2006 with the objective of making available the entire Land Records Data of all the districts in the state on Internet. With the launch of this website, citizens & mostly farmers from all across the state can view the details of their Khataunies anytime, anywhere on Internet. The website & the data available on it are in Hindi & searching of Khataunies is made as simple as possible. One can search either by Owner’s name or by Plot/Khata numbers after selecting the concerned village in the Tehsil from the District. Process to get an Authorized copy of Khatauni or Record of Right (ROR) or L& Record Details: The L& Records Details available on "Dev-bhoomi" site is for viewing only. For obtaining an authorized signed copy of RoR, one has to visit the "Tehsil L& Records Computer Centre" in the concerned Tehsil of that village. What is the Fee prescribed by Government for obtaining RoR? The fees prescribed by Government for obtaining RoR is quite nominal & are as under: Rs 15/- for first page of ROR Rs 5/- per subsequent pages of ROR Visit http://devbhoomi.uk.gov.in/for more information. 5. Online Content Creation / IT Enabled Course Curriculum This project is about utilising the available technology for creating audio-visual & interactivity based course curriculum as an effective edge to teaching as well as up gradation of teachers among population in the rural/urban areas of Uttarakhand State in India (the Project Area). Use of multimedia in enhancing the learning process with school students is a universal knowledge in present era of IT. The core concept is to make such a multimedia content available to all schools within the state for day-to-day learning. For more information, visit http://www.itda.uk.gov.in/pages/display/54-e-class 6. School Education Portal The School Education portal offers information about schools, teachers, schemes & recent circulars. For more informtion, visit http://www.educationportal.uk.gov.in/Default.aspx . Apni Sarkar Portal Registration Uttarakhand Apuni Sarkar Portal is a citizen centric service portal. This portal has been developed to provide benefits of all essential services to the citizens of Uttarakhand state through online medium. Through this portal, citizens can track their application status in real time from anywhere and in addition, download the relevant certificates. Citizens will get the benefit of about 75 services through a single click on this portal. Through this portal, the general public of the state can easily avail the benefits of 75 services of 10 departments including caste certificate, residence certificate, income certificate sitting at home Benefits and Features of Uttarakhand Apni Sarkar Portal These points are as follows – All citizens of Uttarakhand state can take advantage of this portal. Only the residents of Uttarakhand state can easily register themselves on this portal. Through the portal, transparency can be established between common citizens and government employees. You will be able to make any kind of document, track the status of scheme application and do other small tasks very easily sitting at home through this portal. Citizens will now get rid of the process of filling offline forms and going to the offices. All the citizens of the state will be able to easily avail all the facilities sitting at home What is Uttarakhand Unnati Portal? In August 2021, the government started the work related to the launch of the Unnati portal. It has also been inaugurated along with Apni Sarkar Portal by Chief Minister Pushkar Dhami in November 2021. This portal would be mainly used for monitoring the government schemes. The monitoring of the Unnati portal will be done by the Chief Minister himself or the Chief Secretary of the State. So that the schemes being operated in the state can be operated properly. Unnati Portal is developed by Information Development Agency. Objectives and Benefits of Uttarakhand: There are many advantages of being online, such as – the government can work with a lot of employees. Due to the reduction in the number of employees, the cost of salary will be reduced significantly. Apart from this, the common man can easily get the information related to all the schemes sitting at his house. The operation of the portal directly with the Chief Minister It will speed up the work. People related to any scheme will get their work completed on time without spending any time, there will be a lot of transparency in the work, time and money will be saved a lot. That is why both the government and the general public are benefited by starting such a portal. The National e-Governance Plan (NeGP), takes a holistic view of e-Governance initiatives across the country, integrating them into a collective vision, a shared cause The ultimate objective is to bring public services closer home to citizens, as articulated in the Vision Statement of NeGP. India Enterpise Architecture (IndEA) India Enterprise Architecture (IndEA) framework 1. 2. 3. 4. 5. Under the overarching vision of Digital India Programme, Government of India aims to make all Government services digitally accessible in an integrated manner to citizens through multiple channels like web, mobile & common service delivery outlets. Also, users have become tech-savvy & now demand faster delivery of services, which match with those of private sector & other e-Governance delivering Nations across the world. The United Nations e-Governance survey emphasized on a whole-of-government approach, policy integration & use of Big Data Analytics to provide better governance to citizens. These trends require breaking of sectoral barriers & silos & re-architecting the Government as a single enterprise. Accordingly, a working group was constituted by Standardization Testing & Quality Certification (STQC), MeitY under the leadership of former IT Secretary, Shri J. Satyanarayana, to develop the India Enterprise Architecture (IndEA) framework. IndEA provides a generic framework comprising of a set of architecture reference models, which can be converted into a Whole-of-Government Architecture for India, Ministries, States, Govt. Agencies etc. The IndEA framework is based on federated architecture approach & recognizes the need to accommodate both greenfield (new) & brownfield (existing / legacy) e-Governance initiatives. India Enterprise Architecture aims at the following: Documenting & sharing explicit & implicit architecture best practices Providing guidance in the development of enterprise architectures Capturing key elements of architecture & inter-relationships between them Providing the means for architecture governance by enabling an audit process Enabling adoption of st&ards based on common underst&ing Along with the IndEA framework, an IndEA Adoption Guide has also been prepared. ACCESSIBLE INDIA CAMPAIGN & MOBILE APP Sugamya Bharat Abhiyaan or Accessible India Campaign is a nation-wide flagship campaign for achieving universal accessibility that enables people with disabilities to gain access for equal opportunity, live independently & participate fully in all aspects of life in an inclusive society. The campaign targets at enhancing the accessibility of built environment, transport system & Information & communication ecosystem. The mobile application is a crowd sourcing platform to comprehensively obtain information on inaccessible places across the country. The mobile application is available on IOS, Android & Windows platform & can be downloaded from the respective App Stores. AGRIMARKET APP The mobile application has been developed with an aim to keep farmers abreast with the crop prices & discourage them to carry-out distress sale. Farmers can get information related to prices of crops in markets within 50km of their own device location using the AgriMarket Mobile App. This app automatically captures the location of the farmers using mobile GPS & fetches the market prices of crops which fall within the range of 50km. The prices of agri commodities are sourced from the Agmarknet portal. Currently, the apps is available in English & Hindi languages. BETI BACHAO BETI PADHAO The campaign aims at ensuring girls are born, nurtured & educated without discrimination to become empowered citizens of this country. The campaign interlinks National, State & District level interventions with community level action in 100 districts, bringing together different stakeholders for accelerated impact. The initiatives youtube channel show various videos related to the campaign. BHIM (BHARAT INTERFACE FOR MONEY) Bharat Interface for Money (BHIM) is an app that makes payment transactions simple, easy & quick using Unified Payments Interface (UPI). It enables direct bank to bank payments instantly & collect money using a Mobile number or Payment address. Bharat Interface for Money app is currently available on Android & it is downloadable from Google Playstore, for smart phones. CRIME & CRIMINAL TRACKING NETWORK & SYSTEMS (CCTNS) CCTNS is a plan scheme conceived in the light of experience of a non-plan scheme namely - Common Integrated Police Application (CIPA). CCTNS aims at creating a comprehensive & integrated system for enhancing the efficiency & effectiveness of policing through adopting of principle of e-Governance & creation of a nationwide networking infrastructure for evolution of IT-enabled-state-of-the-art tracking system around 'Investigation of crime & detection of criminals'. CROP INSURANCE MOBILE APP Crop insurance mobile app can be used to calculate the insurance premium for notified crops based on area, coverage amount & loan amount in case of loanee farmer. It can also be used to get details of normal sum insured, extended sum insured, premium details & subsidy information of any notified crop in any notified area. DIGITAL AIIMS The first step in the Digital AIIMS project was taken in January 2015 with the creation of an effective linkage between AIIMS, Unique Identification Authority of India (UIDAI) & (MeiTY). A unique health identification number for every patient visiting AIIMS was generated on an Aadhar platform. The Unique Health Identification Number gave every Patient visiting AIIMS a Digital Identity. E-GRANTHALAYA E-Granthalaya is an Integrated Library Management Software developed by National Informatics Centre,(NIC), Department of Electronics & Information Technology. The application is useful for automation of in-house activities of libraries & to provide various online member services. The software provides built-in Web OPAC interface to publish the library catalogue over Internet. The software is UNICODE Compliant, thus, supports data entry in local languages. E-PANCHAYAT e-Panchayat is an e-Governance initiative for the rural sector providing comprehensive software solution attempting automation of Gram Panchayat functions. It is a platform for panchayat representatives to connect with rest of the world, which aims to bring out the local voices by empowering the local communities to showcase & share local social, cultural & economic practices, stories & challenges. EBIZ: eBiz is being implemented by Infosys Technologies Limited (Infosys) under the guidance & aegis of Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce & Industry, Government of India. The focus of eBiz is to improve the business environment in the country by enabling fast & efficient access to Government-to-Business (G2B) services through an online portal. This will help in reducing unnecessary delays in various regulatory processes required to start & run businesses. Bhaskaracharya National Institute for Space Applications & Geo-informatics{BISAG} Bhaskaracharya National Institute for Space Applications & Geo-informatics [BISAG (N)] is an Autonomous Scientific Society registered under the Societies Registration Act, 1860 under the MeitY, Government of India to undertake technology development & management, research & development, facilitate National & International cooperation, capacity building & support technology transfer & entrepreneurship development in area of geo-spatial technology. Right to public service Background In the last two years, over ten Indian states have implemented public service guarantee statutes, commonly known as Right to Service acts. The recent surge of Right to Public Service Acts can be traced back to the Citizen's Charter movement of the late 1990s & early 2000s, which saw hundreds of charters issued by central & state government departments. The prospect of a triggered monetary penalty (for failing to provide requested information) was seen by many as an important aspect of the Right to Information Act's apparent success. Right to Public Services legislation in India comprises statutory laws which guarantee time bound delivery of services for various public services rendered by the Government to citizen & provides mechanism for punishing the errant public servant who is deficient in providing the service stipulated under the statute. Right to Service legislation are meant to reduce corruption among the government officials & to increase transparency & public accountability. Madhya Pradesh became the first state in India to enact Right to Service Act on 18 August 2010 & Bihar was the second to enact this bill on 25 July 2011. Several other states like Bihar, Delhi, Punjab, Rajasthan, Himachal Pradesh, Kerala, Uttarakhand, Haryana, Uttar Pradesh, Odisha, Jharkh& Maharashtra & West Bengal have introduced similar legislation for effectuating the right to service to the citizen.[ Governance Governance The term "governance" refers to both the process of making decisions & the process of putting those decisions into action. Corporate governance, international governance, national governance, & municipal governance are all examples of governance. It ensures that corruption is minimized, minorities' perspectives are considered, & the voices of society's most vulnerable are heard in decision-making. It is also relevant to society's current & future requirements. Transparency The public should have access to information that is understood & monitored. It also entails the availability of free media & information. Accountability Accountability Good governance attempts to improve people's lives, & this can't happen unless the government is held accountable to them. The public & institutional stakeholders should hold government institutions, the commercial sector, & civil society organizations responsible. Need: Citizens had to suffer through unstated difficulties, corruption, delayed services, & a lack of transparency by certain wayward public officials with a sense of impunity in their Government Departments in the years leading up to its start. The Right to Public Services legislation was enacted in response to an increase in incidents & complaints, as well as to establish a statutory system to regulate such activities. The Right to Public Services legislation is widely regarded as one of the most successful tools for reducing corruption, increasing transparency in government processes, & increasing public accountability in India. The fight against corruption has already begun, & this Act focuses on enacting efficient methods for redressing public grievances against misguided public officials. Features & Significance Features & Significance The Right to Service Act incorporates legislative legislation & procedures that ensure citizens of India receive timely public services. It also establishes the legal framework for punishing delinquent public servants who fail to provide requested services within a specified time frame. One of the most successful ways to decrease corruption in India is through the Right to Service Act, enhancing transparency in public sector operations & providing public accountability. It is a state law, & states have complete authority in adopting, implementing, & limiting the Act as they see fit. Currently, about 20 states are implementing this Act Challenges Bribery delays in services, a lack of transparency & clarity on the list of documents required for application Lack of transparency about officials accountable were the most significant issues they faced. According to a survey conducted by Transparency International in 2020, India ranks first in Asia for bribery. In India, people are mostly unaware of their rights & responsibilities. Way Forward Even before the Act was enacted, many states spent a significant amount of time & effort preparing their government systems to handle the increased workload & produce the desired results. In terms of streamlining procedures, standardising application forms, establishing a precise list of supporting papers, addressing accountability, & so on, a speedy re-engineering of essential processes was conducted. In most of the states that have implemented a real-time payment system (RTPS), the citizen interface points for receiving applications & delivering services were also separated from the back office. Certain states, such as Madhya Pradesh's Lokseva Kendras, Bihar's Vasudha Kendras, & Jharkhand's Pragya Kendras, have either taken personnel- or performance-based contracts or facilitated innovative fee-based private participation to strengthen this front-end, citizen-facing counters. Field-level personnel from the block & district offices were also briefed on the importance of the Act, & needed to deliver services on time. Most crucially, these states conducted frequent mass awareness efforts via newspapers, television, & radio to build demand-side pull. Recent News Right to service can fill policy enforcement gaps. Maharashtra right to public service act 2015. Maharashtra state commission was established under the act. Delivery of public services to the citizens is a statutory obligation & not a matter of state generosity. Varsities to have Right to service act Kerala chief minister has said the Right to Service Act will be implemented in universities to ensure time-bound issuance of certificates & other documents. DLSA starts a mass awareness drive on legal rights. The District Legal Services Authority (DLSA), Jharkhand, launched an ‘awareness & outreach’ drive to educate the masses on their legal rights & the government welfare schemes. Uttarakhand Right to service act 2011: State govt has the power to notify designated officer, First appellate authority, Second appellate authority Every Designated officer shall maintain detailed records of services applied for in a prescribed format Eligible person whose application for obtaining service is rejected/ not provided service in given time limit, may file and appeal to 1st Appellate authority Ist & IInd appellate authority have the power to summon and inspect like that of civil court while trying a suit under Code of Civil procedure 1908 Establishment of Uttarakhand Right to service commission (UKRTSC) by State govt, headed by a person not below the rank of personal secretary It would have the power to acquire & dispose movable and immovable property 1 Chief commissioner (5/65Y) and 2 commissioners By state govt in consultation with Leader of Opposition Powers of UKRTSC: Suo moto notice of failure to deliver services in accordance with this act Inspection of offices Recommend Departmental action against officers It shall have power of civil court while having enquiries, summons Right to Information Act, 2005 The Right to Information (RTI) is an act of the Parliament of India which sets out the rules & procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. In case of matter involving a petitioner's life & liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerize their records for wide dissemination & to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally. Every day on an average, over 4800 RTI applications are filed. In the first ten years of the commencement of the act, 1.8 crore applications had been filed.[ Although Right to Information is not included as a Fundamental Right in the Constitution of India, it protects the fundamental rights to Freedom of Expression & Speech under Article 19(1)(a) & Right to Life & Personal Liberty under Article 21 guaranteed by the Constitution. The authorities under RTI Act 2005 are called public authorities. The Public Information Officer (PIO) or the First Appellate Authority in the public authorities perform quasi-judicial function of deciding on the application & appeal respectively. Information disclosure in India had traditionally been restricted by the Official Secrets Act 1923 & various other special laws, which the new RTI Act overrides. RTI has proven to be very useful, but is counteracted by the Whistle Blowers Protection Act, 2011. The Right to Information (Amendment) Bill, 2019, seeks to amend Sections 13, 16, & 27 of the RTI Act. Section 13 of the original Act: It sets the term of the central Chief Information Commissioner & Information Commissioners at five years (or until the age of 65, whichever is earlier) The Act extends to the whole of India. It covers all the constitutional authorities, including executive, legislature & judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds". Private bodies are not within the act's Privatised public utility companies fall within the purview of RTI. Political parties: The Central Information Commission (CIC) held that the political parties are public authorities & are answerable to citizens under the RTI Act. But in August 2013 the government introduced a Right To Information (Amendment) Bill which would remove political parties from the scope of the law. Currently no parties are under the RTI Act & a case has been filed for bringing all political parties under it. Supreme Court judgement Supreme Court of India on 13 November 2019, upheld the decision of the Delhi High Court bringing the office of Chief Justice of India under the purview of the Right to Information (RTI) Act. Governance & process The Right to information in India is governed by two major bodies: Central Information Commission (CIC) – Chief Information commissioner who heads all the central departments & ministries- with their own public Information officers (PIO)s. CICs are directly under the President of India. State Information Commissions – State Public Information Officers or SPIOs head over all the state department & ministries. The SPIO office is directly under the corresponding State Governor. State & Central Information Commissions are independent bodies & Central Information Commission has no jurisdiction over the State Information Commission. Fees: A citizen who desires to seek some information from a public authority is required to send, along with the application (a Postal order or DD (Dem& draft) or a bankers cheque) or a court stamp payable to the Accounts Officer of the public authority as fee prescribed for seeking information. If the person is from a disadvantaged community, he/she need not pay. Digital right to information systems A digital portal has been set up, RTI Portal, a gateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI related information disclosures published on the web by various Public Authorities under the government of India as well as the State Governments. It is an initiative taken by Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions. Controversies The Right to information in India has been mired with controversies ranging from their use in political battles, asking for educational degrees of political rivals, or cases of blatant refusals to provide information on high-profile projects to allegations of misuse by civil society. The backlash against RTI by the state hampered the citizen's right to know. Attacks on RTI activists & protection suggestions Attacks on RTI activists in India Commonwealth Human Rights Initiative (CHRI) data points to over 310 cases across India where people were either attacked, physically or mentally harassed There is a consensus felt that there is a need to amend the RTI Act to provide for the protection of those seeking information under the Act. Protection measures suggested include: Mandatory, immediate registration of complaints of threats or attacks against RTI activists on the First Information Report & placing such FIRs before the magistrate or judge of the area within 24 hours for issuance of directions for protection of those under threats & their family members, & periodic review of such protection measures Conducting inquiry into threats or attacks by a police officer not below the rank of Deputy Superintendent of Police/Assistant Commissioner of Police to be concluded within 90 days & we also use RTI & get its benefit. Intellectual property rights Many civil society members have recently alleged the subversion of the right to information Act by the invocation of Intellectual Property rights argument by the government agencies from time to time. Most notable are: The Right to Information denied by RBI on Demonetization citing Intellectual Property Laws. The Right to Information Denied by Uttar Pradesh Irrigation Department after more than 8 months of a wait on under construction Gomti Riverfront Development Project. Debates Rejection of RTIs Scholars argue that the Right to Information Act's original intent to make government transparent & accountable is faltering as RTI requests are rejected & the bureaucratic systems are bogged down by millions of requests. Many RTIs are rejected because the bureaucratic requirements (including the technocratic language used) of filing are too onerous & legalistic for ordinary citizens Benefits Many activists view the Right to Information Act as a final liberation from British colonialism; they describe the RTI law as “a tool for empowering ordinary citizens & changing the culture of governance by making it transparent, less corrupt, participatory, & accountable". They also note that RTI requests provide strategy & substance for activists on a broad range of social issues, including "land & environmental rights, social security benefits, the working of financial institutions, political party financing reform, civic infrastructure, & even public-private partnerships Exempted organisations: As per section 24 of the Act, intelligence & security organisations, both central & state, are exempted from the RTI Act except in cases of corruption or human rights violation. 1. Intelligence Bureau 13. Assam Rifles 2. Research & Analysis Wing including its 14. Sashastra Seema Bal technical wing, Aviation Research Centre 15. Directorate General of Income-tax 3. Directorate of Revenue Intelligence (Investigation) 4. Central Economic Intelligence Bureau 16. National Technical Research Organisation 5. Directorate of Enforcement 17. Financial Intelligence Unit, India 6. Narcotics Control Bureau 18. Special Protection Group 7. Special Frontier Force 19. Defence Research & Development 8. Border Security Force Organisation 9. Central Reserve Police Force 20. Border Roads Organisation 10. Indo-Tibetan Border Police 21. National Security Council Secretariat 11. Central Industrial Security Force (secretariat of the National Security Council, 12. National Security Guard in the Cabinet Secretariat) Samadhan yojana On 26 January 2013, the Uttarakhand government had launched a portal for online registration of people’s complaints & their quick redressal. Launching the portal called “Samadhan” (solution), the then Uttarakhand Chief Minister Vijay Bahuguna described it as a step towards transparency. The CM assured the people that he will personally monitor the the functioning of the Uttarakhand portal for Redressal aimed at toning up government’s service delivery system. It shows how the Uttarakhand Government has made it easy for the people to get various Certificates (like the Domicile, permanent Residence etc.) People can register their complaints online through this project. Anyone across Uttarakhand could now register his or her complaint on samadhan.uk.govt. In any time which would be redressed normally within 90 days. To ensure the smooth & quick redressal of people’s complaints, the Chief Secretary, secretaries, department heads & commissioners have been provided user IDs & login passwords to access the portal which could even protect the privacy of complainants if the need be. So Complainants could keep their identity secret. The complaint could be registered at three levels, Principal Secretary/Secretary, Director/ Departmental Head/ Commissioner & District Magistrate. All of them would be provided with user Ids & login passwords through which they could access the grievances registered in their levels & take appropriate measures to resolve them. The grievances had to be resolved in stipulated time frame. At the DM level, the complaints had to be resolved within 30 days. In case it is not done then complaints would be automatically transferred to the commissioner level. The commissioners have to address the problema in 15 days, & if not done, the complaint would be transferred to the Principal Secretary. He has to resolve the complaint in 45 days. In case it is not resolved, then the matter would be automatically transferred to the Chief Secretary. If the complaint is still not related to the level where it is registered, then it would be transferred to the respective level within 5 days of the registration of complaint BUDGETARY REFORMS A government’s budget describes all of its sources of income & where it spends that income, & budget reform is the process of making changes to how the government collects & spends money. Governments pursue budget reform for many reasons. If government spending is greater than the amount of money the government takes in with taxes, reform may be necessary to balance the budget & control government debt. Politicians may pursue changes in government spending or taxation to gain favor with their constituents. Budget reform can have many potential benefits. Reforms can reduce wasteful expenditures & help lessen government deficit, potentially leading to surpluses. Budget reform can result in funding for new beneficial programs or increases in funding education, infrastructure or other areas to help certain individuals or organizations. Tax reforms can benefit individuals & businesses if they reduce their tax burden. Cutting taxes can stimulate spending, which can help stimulate economic activity. Budget reform only describes changing the collection or spending of money, not whether spending or collection goes up or down. Any potential benefit to budget reform can also be a drawback if changes occur in an unfavourable direction. For instance, if the government reforms its budget by cutting spending on education & infrastructure, it could hurt students & those who rely on public infrastructure spending for their jobs. Increases in spending can make governments fall into debt. Budgetary Reform in India for 2017 The Union Cabinet had given in principle approval last year for advancement of the date of Budget presentation from the last day of February to a suitable date. Besides in another reform relating to budgetary process, Union Cabinet had approved merger of Plan & Non Plan classification in Budget & Accounts. Advancement of the date of Budget presentation Benefits Pave way for early completion of Budget cycle & enable Central Ministries & Departments to ensure better planning & execution of schemes from beginning of financial year. It will also enable Central Ministries & Departments to ensure better utilize the full working seasons including the first quarter of the year. It will preclude the need of appropriation through ‘Vote on Account’. It will enable implementation of legislative changes in tax & laws for new taxation measures from the beginning of financial year. Merger of Plan & Non Plan classification in Budget & Accounts the Union Cabinet also approved proposal of Union Finance Ministry to do away with the Plan & Non-Plan expenditure classification from 2017-18& replace with ‘capital & receipt’. The relevance of plan & non-plan expenditure was lost after the abolition of the Planning Commission. However Budget will continue earmarking funds for Scheduled Castes Sub-Plan/Tribal SubPlan & similarly, the allocations for North Eastern States. Plan/Non-Plan will help in resolving the following issues This distinction of expenditure had led to a fragmented view of resource allocation to various schemes. It had made it difficult to ascertain cost of delivering a service & also to link outlays to outcomes. It had led to bias in favour of Plan expenditure by Centre as well as the State Governments & had neglected essential expenditures on maintenance of assets & other establishment related expenditures to provide essential social services. The merger is expected to provide appropriate budgetary framework that will have focus on the capital & revenue expenditure. Committee Report Summary Committee Report: Recent Budgetary Reforms for Better Management of Government Expenditure The Estimates Committee of Parliament (Chair: Mr. Girish Bhalchandra Bapat) submitted its report on the subject ‘Recent Budgetary Reforms for Better Management of Government Expenditure’ on March 19, 2021. The Committee discussed certain budgetary reforms undertaken by the central government & their impact on the finances of the central & state governments. These reforms include: (i) advancement of the budget cycle with the union budget presentation on February 1, (ii) merger of plan & non-plan expenditure in the budget (iii) merger of the rail budget with the general budget. Key observations & recommendations of the Committee include: State-wise allocation: The Committee observed that the Union Budget at a Glance document provides an overview of the budget, including the allocation for major schemes by the central government. However, the funds allocated to different states do not reflect in this document. People are interested in knowing the amount of money allocated to different states by the central government. (Bring Transparency) Readability of the union budget documents: The Committee observed that the union budget documents are so voluminous that the common man & public representatives do not have the time required to go through & understand them. The Committee recommended the government to organise a briefing session for the Members of Parliament immediately after the presentation of the budget in Lok Sabha & highlight the details from the budget documents. Unspent balances of states in bank accounts: The Committee observed that the grants transferred by the central government to states remain in state treasuries till they are transferred to implementing agencies. It noted that some state governments deposit the unspent balance remaining from schemes/ grants in banks, which earn them a substantial amount of interest. The Committee recommended the central government to identify the interest earned by various states from such unspent balances in banks & frame guidelines (if none exist) for utilisation of the funds earned by them. Advancement of the budget cycle: The Committee observed that with advancement of the union budget cycle starting from 201718, Parliament has approved the Appropriation Bill before the commencement of the financial year. As a result, the full budget is available to the Ministries at the beginning of the year & states get sufficient time to plan & present their budgets in accordance with the union budget. The Committee noted that the pace of expenditure of the central government in the first three months of the year 2017-18 showed an increase as compared to that in the previous year. However, the pace of spending declined in 2018-19. The Committee recommended the Department of Economic Affairs (DEA) to examine the factors responsible for slowing down of expenditure in 2018-19 & take corrective measures. Underspending: The Committee observed that DEA conducts mid-year review of the expenditure by all Ministries & revises their expenditure ceiling for the year based on the progress of expenditure till date & their capacity to spend in the remaining year. It noted that despite advancement of the budget cycle, savings (i.e., underspending or underutilisation of allocation) occurred in 99 departments in 2017-18, 97 in 2018-19, & 100 in 2019- 20. The Committee recommended that the objectives of advancement of budget cycle in this front needs to be reviewed so that this trend is discontinued & funds available with the government in the union budget are optimally & fully utilised. Monitoring the implementation of schemes: The Committee observed that the Secretary of a Ministry/ Department, being its Chief Accounting Authority, is responsible for monitoring the implementation of its projects/ schemes. However, the Committee noted that the Secretary, DEA, being an overall controller of the central government’s accounting, is also equally responsible for monitoring the implementation of the projects/ schemes of various Ministries/ Departments. The Committee recommended that a system may be evolved by DEA to track the progress of Ministries/ Departments on implementation of projects/ schemes, so that habitual defaulters who have not updated the progress can be identified while allocating the budget. Consumer protection law: India Consumer protection laws focus on regulating the quality of products & services & protecting consumer interests to help them make informed decisions. In view of the rapid changes in industry & commerce around the world, the (Indian) Consumer Protection Act, 1986 was amended with a new broader law that came into effect in 2020 & new rules & regulations. What are the applicable laws governing consumer rights protection in India? In India, consumer rights protection is governed primarily by the Consumer Protection Act, 2019 (Consumer Protection Act), & the laws & regulations enacted under it. Some of the laws & regulations enacted under the Consumer Protection Act include the Consumer Protection Act (E-Commerce), 2020, Consumer Protection Rules (Mediation), 2020, Consumer Protection Laws (Consumer Dispute Resolution Commissions), 2020 & Consumer Protection (General) Acts, 2020. Apart from the Consumer Protection Act, there are various other laws & regulations enacted regarding the protection of consumer interests that cover specific issues such as food, drugs & cosmetics. In India, consumer movement is as a ‘public power’ arose out of a need to protect & advance consumer interests against unfair & unethical trading practices. The rampant food shortages, inventory, black market, food addiction & edible oil spurred ↑ consumer goods on an organized scale during the 1960’s. Until the 1970s, consumer organizations were heavily involved in essay writing & exhibition. They form groups of buyers to check for badness in grocery stores & overcrowding. Recently, India has seen an increase in the number of consumer groups. The consumer movement arose as a result of consumer dissatisfaction as more & more bad practices were perpetrated by retailers. There was no official program available to consumers to protect them from market exploitation. For a long time, when the consumer was unhappy with the product of a particular product or store, he usually avoided buying that product, or stopped buying in that store. It was thought that it was the responsibility of consumers to be careful when purchasing goods or services. As a result of all these efforts, the organization has succeeded in putting pressure on business firms & governments to correct business practices that may be unethical & contrary to the interests of consumers as a whole. A major step taken in 1986 by the Indian government was the enactment of the Consumer Protection Act 1986. Consumer protection is a group of laws & organizations designed to ensure the rights of consumers, as well as fair trade, competition, & accurate information in the marketplace. The laws are designed to prevent the businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors. They may also provide additional protection for those most vulnerable in society. Consumer Protection Act, 1986 The Consumer Protection Act, 1986 was enacted to provide a simpler & quicker access to redress of consumer grievances. The Act seeks to promote & protects the interest of consumers against deficiencies & defects in goods or services. It also seeks to secure the rights of a consumer against unfair trade practices, which may be practiced by manufacturers & traders. The set-up of consumer forum is geared to provide relief to both parties, & discourage long litigation. In a process called ‘informal adjudication’, forum officials mediate between the two parties & urge compromise. The Act applies to all goods & services unless specifically exempted by the Central Government It covers all the sectors whether private, public or cooperative. This Act has provided machinery whereby consumers can file their complaints which will be heard by the consumer forums with special powers so that action can be taken against erring suppliers & the possible compensation may be awarded to consumer for the hardships he has undergone. The consumer under this law is not required to deposit huge court fees, which earlier used to deter consumers from approaching the courts. The rigours of court procedures have been replaced with simple procedures as compared to the normal courts, which helps in quicker redressal of grievances. The provisions of the Act are compensatory in nature. Consumer courts provide redress only in cases of products or services for personal use, defects in products used for commercial purposes are not entertained. Basic rights of consumers include: Right to Be protected against marketing of goods & services which are hazardous to life & property. Be informed about the quality, quantity, standard & price of goods or services so as to protect the consumer against unfair trade practices. Be assured, wherever possible, access to variety of goods & services at competitive prices. Be heard & to be assured that consumers interests will receive due consideration at appropriate forums. Seek redressal against unfair trade practices. Right to consumer education. Consumer redressal forum Under the Consumer Protection Act, every district has at least one consumer redressal forum also called a consumer court. state commissions. National Consumer Disputes Redressal Commission in New Delhi. A written complaint to the company is taken as proof that the company has been informed. The complaint must be backed by copies of bills, prescriptions & other relevant documents, & should set a deadline for the company to respond. Consumers can also complain through a consumer organisation. Claims < Rs. 20 lakh should be filed with district forum Claims of Rs.20 lakh – Rs. 1 crore directly with the state commission Claims of more than Rs. 1 crore with the National Commission. To file the complaint: Complaint is to be filed within two years of buying the product or using the service. Complaint needs to be in writing. Letters should be sent by registered post, hand-delivered, by email or fax. Don’t forget to take an acknowledgment. The complaint should mention the name & address of the person who is complaining & against whom the complaint is being filed. Copies of relevant documents must be enclosed. Appeal is a legal instrumentality whereby a person not satisfied with the findings of a court has an option to go to a higher court to present his case & seek justice. In the context of consumer forums: An appeal can be made with the state commission against the order of the district forum within 30 days of the order which is extendable for further 15 days. (Section 15) An appeal can be made with the National Commission against the order of the state commission within 30 days of the order or within such time as the National Commission allows. (Section 19) An appeal can be made with the Supreme Court against the order of the National Commission within 30 days of the order or within such time as the Supreme Court allows. (Section 23) Penalties If a defaulter does not appear in court despite notices & reminders, the court may decide the matter in his absence. The forum can sentence the defaulter to a maximum of three years’ imprisonment & impose a fine of Rs. 10,000. Forums can issue warrants to produce defaulters in court. They can use the police & revenue departments to enforce orders India: Consumer Protection Act, 2019: Key Takeaways The Consumer Protection Act, 2019 has been enacted with a view to widen the scope of consumer rights & cover the field of e-commerce, direct selling, tele-shopping & other multi levels of marketing in the age of digitization. Who is a 'Consumer' under the 2019 Act? As per Section 2(7) of the 2019 Act, consumer is any person who buys goods or avails any service for a consideration & includes any user except for the person who has availed such services or goods for the purpose of resale or commercial use. The explanation to the definition specifically states that the expression "buys any goods" & "hires or avails any services" includes all online transactions conducted through electronic means or direct selling or teleshopping or multi-level marketing. Online transactions is an exclusive feature of this act & added keeping in mind the growing ecommerce business & advancement in technology. What is an 'Unfair Trade Practice' under the 2019 Act? Section 2(47) of the Consumer Protection Act, 2019 defines 'unfair trade practice'. The definition of 'unfair trade practice' has been broadened to include practices such as: 1. manufacturing or offering spurious goods for sale or adopting deceptive practices for providing service, 2. not issuing proper cash memo or bill for the services rendered & the good sold, 3. refusing to withdraw, take back or discontinue defective goods & services & refund the consideration taken thereof within the time period stipulated in the bill or within 30 days if there is no such provision in the bill, 4. Disclosing personal information of the consumer to any other person not in accordance with the prevailing laws. The repealed Act of 1986 did not include online misleading advertisements in the definition of unfair trade practice that were added in the 2019 Act. Concept of Unfair Contract 'Unfair Contract' is defined under Section 2(46) & it refers to any contract between a consumer & a manufacturer or service provider or trader whose terms brings about a significant change in the consumer rights under the Act. These terms are namely such as: 1. Requirement of excessive security deposits by the consumer in for facilitating the performance of obligations under the contract; 2. Imposing penalty for breach of contract on the consumer which is not in proportion with the loss suffered due to such breach; 3. 4. 5. 6. Not accepting early debt repayment along with the applicable penalty; Allowing one of the parties to terminate the contract without any reasonable cause or unilaterally; Entitling one party to assign the contract to the detriment of the consumer & without his consent; Imposing unreasonable condition, obligation or charge on the consumer that puts him in a disadvantageous position; Establishment of Central Consumer Protection Authority CCPA was established with a view to regulate matters involving violation of consumer rights, misleading or false advertisements, unfair trade practices & enforcement of consumer rights. The Central Government will appoint the members of the CCPA. The authority will consist of a Chief Commissioner along with other such prescribed members. The 2019 Act specifies the functions of the CCPA & who will appoint its members. However, there is ambiguity as to how the CCPA will perform its functions & what methods will it adopt to achieve its functions. There is also no specification of qualification for the recruitment of the members of the CCPA. Further, the appointment of members of the CCPA by the Central Government will affect the independence of the authority. The consumer may be at a disadvantage in a dispute where the government has provided deficient services. Penalties for Misleading Advertisement: Misleading advertisement is defined under Section 2(28) of the Act & includes any advertisement, which gives false description of a product or service, gives false guarantee misleading the consumers, conveys express representation constituting unfair trade practice & deliberately not revealing essential information about the product. Under Section 21(4) of the Act, any person who publishes false & misleading advertisements may be punished with imprisonment or a penalty that may extend up to ten lakh rupees. Further, Section 21 (3) states that the CCPA can prevent the endorser of any such misleading & false advertisements from endorsing any other products or services for a period of one year. The issuer of any misleading advertisements shall also be liable to neutralise the effect of such advertisements. Product Liability An entire chapter under the Act is dedicated to deal with this concept. A complainant can bring a product liability action against any product manufacturer or service provider or a seller in case any harm is suffered by him due to a defective product or service. 1. A product manufacturer will be held liable under Section 84 of the Act in case the product has a manufacturing defect, defective in design, does not follow the manufacturing specifications, does not conform to implied warranty & does not contain adequate instructions for proper usage of the product. 2. Section 85 of the Act discusses the liability of the service provider in a product liability action. To be liable under this section, the service provided shall be deficient, faulty, inadequate or imperfect, an act or negligence withholding any information responsible for the harm caused, without adequate warnings & instructions & without conformation to express warranty or contractual terms. 3. A product seller will be liable in a product liability action if there is exercise of substantial control over manufacturing, testing, designing, labelling or packaging of the product. There was substantial alteration or modification responsible for the harm caused. The product seller made express warranty that does not conform to the warranty made by the manufacturer. The product seller failed to take reasonable care in maintaining, assembling or inspecting the product. Exceptions There are certain exceptions to product liability action as well. These exceptions are discussed in Section 87 of the 2019 Act. Any consumer who himself misuses, alters or modifies the product & suffers harm as a result, cannot file a product liability claim. A consumer cannot bring product liability action in case the product manufacturer has given adequate warnings for use of the product, the product purchased was used as a part of another product & the end use caused damage, the product was supposed to be used under an expert's supervision or the product was used under alcohol influence. A product manufacturer will not be liable for not warning about any danger that is commonly known or obvious. Consumer Dispute Redressal Forums Jurisdiction 1. Territorial Jurisdiction: A complainant can now file a complaint where he resides or works. The repealed Act only allowed the complainant to file a complaint where the opposite party carries out business or resides. This caused a lot of difficulties to the complainants. 2. Pecuniary Jurisdiction: The pecuniary jurisdiction will now be determined on the basis of the consideration paid for the value of goods purchased & services availed, rather than the compensation claimed as per the repealed Act of 1986. The pecuniary jurisdiction limit has also been increased for the various commissions under the 2019 Act. The District Commission will now deal with cases of up to Rs. 1 Crore, up from Rs. 20 lakhs as per the repealed Act. The State Commission's pecuniary jurisdiction limit has been fixed between Rs. 1 Crore to Rs. 10 Crores & the National Commission will deal with cases with pecuniary limit of Rs. 10 Crores or more. Alternate Dispute Resolution If it appears to the Consumer Dispute Redressal Forum that the consumer dispute can be settled by way of mediation, it may refer the parties to mediation with their consent. For the purpose of mediation, the State Government shall establish a consumer mediation cell for each District Commission & State Commission. The Central Government shall establish a consumer mediation cell attached to the National Commission. The consumer mediation cell will be responsible for maintaining a list of empanelled mediators, cases h&led by the cell, record of proceeding & other information by specified regulations. The cell also has to submit a quarterly report to the commission it is attached to E-Complaints Section 17 of the Act provides that a complaint regarding unfair trade practice, violation of consumer rights or misleading & false advertisements can be filed in electronic mode also to the District Collector, the Regional Office Commissioner or the Central Authority. Integrity in Administration including measures and mechanism for Prevention of Corruption and Malpractices in India Integrity The concept of integrity has to do with perceived consistency of actions, values, methods, measures, principles, expectations & outcome. When used as a virtue term, “integrity” refers to a quality of a person’s character. Some people see integrity as the quality of having a sense of honesty & truthfulness in regard to the motivations for one’s actions. Persons of integrity do not just act consistently with their endorsements, they stand for something: they stand up for their best judgement within a community of people trying to discover what in life is worth doing. Some commentators stress the idea of integrity as personal honesty: acting according to one’s beliefs & values at all times. Speaking about integrity can emphasize the “wholeness” or “intactness” of a moral stance or attitude. Some of the wholeness may also emphasize commitment & authenticity. In the context of accountability, integrity serves as a measure of willingness to adjust value system to maintain or improve its consistency when an expected result appears incongruent with observed outcome. Some regard integrity as a virtue in that they see accountability & moral responsibility as necessary tools for maintaining such consistency. The Legal Framework The assessment of the legal & institutional anti-corruption framework points to a combination of robust institutions & lack of accountability in key areas. Some institutions such as the Supreme Court or the Election Commission have taken a stronger stance to combat malpractice in recent years, while key pieces of legislation such as the RTI Act promote greater bureaucratic transparency, granting citizens access to public records. Important mechanisms are – 1. Prevention of Corruption Act, 1988 (POCA) It is India’s principal legislation against corruption. Its main thrust is to prohibit public servants from accepting or soliciting illegal gratification in the discharge of their official functions. In addition, bribe-givers & intermediaries may be held liable under POCA for bribing public officials. However, prosecution under POCA requires prior approval of high authorities which severely limits its usefulness particularly where there is collusive activity within government ranches. In addition to POCA’s prohibitions, various sections of the Indian Penal Code (IPC) provide criminal punishment for public servants who disobey relevant laws or procedures, frame incorrect or improper documents, unlawfully engage in trade, or abuse their position or discretion. 2. The Prevention of Money Laundering Act 2002 It seeks to prevent money laundering including laundering of property through corruption & provides for confiscation of such a property. It mainly targets banks, financial institutions & intermediaries such stock market intermediaries They must maintain records of all transactions exceeding Rs 10 lakhs. Later amendment has also brought non-profit organizations under PMLA. They have been the typical conduits for terror organizations. The Enforcement Directorate recently began action to attach properties of DMK-controlled Kalaignar TV under the PMLA to recover Rs 215 crore in connection with the 2G scam for which DMK MP Kanimozhi is in jail along with A Raja. The 2005 Right to Information (RTI) Act It represents one of the country’s most critical achievements in the fight against corruption. Under the provisions of the Act, any citizen may request information from a “public authority” which is required to reply within 30 days. The Act also requires every public authority to computerize its records for wide dissemination & to proactively publish certain categories of information for easy citizen access. This act provides citizens with a mechanism to control public spending. Many anti-corruption activists have been using the RTI to expose corruption. Lack of legal protection against whistleblowers, however, puts them in risky situation & many RTI activists have lost their lives in last six years. The Companies Act, 2013: It provides for corporate governance & prevention of corruption & fraud in the corporate sector. The term 'fraud' has been given a broad definition & is a criminal offence under the Companies Act. 1. In cases involving fraud specifically, the Serious Frauds Investigation Office (SFIO) has been set up under the Ministry of Corporate Affairs MOCA, which is responsible for dealing with white collar crimes & offences in companies. 2. The SFIO conducts investigation under the provisions of the Companies Act. The Indian Penal Code, 1860 sets out provisions which can be interpreted to cover bribery & fraud matters, including offences relating to criminal breach of trust & cheating. The Foreign Contribution (Regulation) Act, 2010 regulates the acceptance & use of foreign contributions & hospitality by individuals & corporations. 1. Prior registration or prior approval of the Ministry of Home Affairs is required for receipt of foreign contributions & in the absence of such registration or approval, receipt of foreign contributions may be considered illegal. At the federal level, key institutions include the Supreme Court, the Central Vigilance Commission (CVC), the Central Bureau of Investigation (CBI), the Office of the Controller & Auditor General (C & AG), & the Chief Information Commission (CIC). At the State level, there are local anticorruption bureaus such as the Anti-corruption Bureau of Maharashtra In recent years, the Supreme Court has taken a stronger stance against corruption. It has challenged the powers of states in several instances. For example, in 2007 in Uttar Pradesh, it challenged the state governor’s powers to pardon politically connected individuals based on arbitrary considerations. In other instances, judges have taken on a stronger role in responding to public interest litigation over official corruption & environmental issues. The Central Vigilance Commission (CVC) It is the apex watchdog agency established in 1964. The CVC can investigate complaints against high level public officials at the central level; not at the state level. It Oversees & supervises vigilance & anti-corruption work in all central government ministries, departments & PSUs. All group A officers (joint secretary & above) come under its ambit. Limitation: Needs prior sanction to prosecute. Cannot probe officials below Jt Secy level until government refers case. Limited staff, normally on deputation. The Central Bureau of Investigation (CBI) It is the prime investigating agency of the central government & is generally referred to as a credible & respected institution in the country. It is placed under the Ministry of Personnel, Pensions & Grievances & consists of three divisions: the Anti-Corruption Division, the Special Crimes Division & the Economic Offenses Division. The Supreme & High Courts can instruct the CBI to conduct investigations. It investigates offenses by central government & PSU employees. States too can seek help. Also probes criminal cases. Limitation: It Cannot probe or frame charges on its own. Cases have to be referred. Is under government control & not autonomous. The Office of the Comptroller & Auditor General (C & AG) It is the apex auditing body. The C & AG has produced several reports on state departments such as railways, public sector enterprise, & tax administration. These reports have revealed many financial irregularities, suggesting a lack of monitoring of public expenses, poor targeting & corrupt practices in many branches of government. The most recent example is its report on Commonwealth Games that nailed the corrupt organizing committee members. It audits accounts of all government departments/ ministries/PSUs. Look into discrepancies of expenses made by government/departments government controlled companies. Submits reports to Parliament that are then referred to the Public Accounts Committee. Limitation: Limited to audits & accounts. Cannot probe corruption as defined by the Prevention of Corruption Act; has powers only to recommend; no investigative or prosecution powers. The Chief Information Commission (CIC) It was established in 2005 & came into operation in 2006. It has delivered decisions instructing government, courts, universities, police, & ministries on how to share information of public interest. State information commissions have also been opened, thus giving practical shape to the 2005 Right to Information (RTI) Act. Of India’s 28 states, 26 have officially constituted information commissions to implement the RTI Act.