Transparency, Accountability & Timeliness in Right to Public Services An Overview of 5 States -Tina Mathur February 2012 Why Service Guarantees - Broad • Changes in Political Thought & Agenda – What [also] gets Votes ▫ Good Governance ▫ Development – Provision of Basic Essential Services ▫ Open, Transparent Government ▫ Anti-corruption Measures ▫ Acceptance by State of Civil Society movements for rights Why Service Guarantees- Specific • Failure of Citizen Charters • Precedence of Rights-based Laws : RTI, MNREGS, RTE • Increasing Bad Publicity on Grievances related to poor Public Service Delivery • Top-down Push for systems that holds frontline service providers accountable • Simultaneously empowering citizens RTPS Acts: Highlights • Transparency • Accountability • Timeliness RTPS Acts: Highlights • Transparency- making public service delivery processes & procedures open and visible • Transparency – Information to citizens on: ▫ Reasons [in writing] why an application is rejected or a service delayed or denied ▫ Status of Applications RTPS Acts: Highlights • Accountability - by identifying the responsible authorities within the system • Accountability - Penalizing wilful nonperformance • Accountability - Put Citizen First: mechanism for redress of grievance; compensation RTPS Acts: Highlights • Timeliness - Imposes a legally enforceable timeframe for service delivery • Timeliness: Imposes legally enforceable timeframe for addressing grievances through the mechanisms of Appeals and Reviews Comparative Overview • Sample: 5 States • Methodology ▫ Review of Documents ▫ Limited field visits ▫ A Quick Review of Major Elements Comparative Overview • Madhya Pradesh- PIONEER- first to pass and implement Act • Bihar- RTPS NO. 1 on its ‘SUSHASAN’ Good Governance Agenda • Rajasthan- maximum number of services guaranteed • Delhi- An entirely different approach – e-SLA • Uttar Pradesh- quick to follow MP, but least number of services under Act Key Highlights TRANSPARENCY -Public Awareness • Awareness drives through ▫ Special Gram Sabhas in MP; ▫ TV, Radio, Print media in Bihar, ▫ Nukkad Nataks, Village Pracharaks, Schools in Rajasthan • Notice Boards in all States • Clear instructions for citizens on application process and services coming under RTPS • Bihar BRTPS Rules (sec.18) and Rajasthan Rules (20) specifically mention Dissemination and Training Transparency • Online application tracking and monitoring systems in MP, Bihar, Delhi, UP; final stages of software readiness in Rajasthan • Jigyasa and Samadhan helpline in Bihar for queries related to RTPS • e-SLA monitoring and tracking system in Delhi [compensatory cost for delay is calculated through eSLA software] • SMS based reminder system in MP for officials regarding pending services; application status through SMS in Bihar Accountability – Fixing Responsibility • Designated Authorities/Competent Officer, Appellate Authorities, Reviewing Authority identified in all 5 States • Penalties have been notified in case of failure to comply by time stipulations; compensation fixed in MP, UP, Rajasthan and Delhi • Delhi - Incentives for Good Performance- upto 5000 rupees for no default in 1 year; disciplinary action for 25 defaults in a year Accountability – Monitoring Performance • Monitoring and tracking at the level of applications – ▫ Offices to maintain Register of applications accepted or rejected AND services delivered, delayed or denied ▫ Software-driven such as Adhikar, e-District and e-SLA • Monitoring also done through ▫ nodal officials, ▫ inspections, ▫ monthly meetings at which disposal, pendency of applications & appeals is done ▫ Video conferences Timeliness – Regular Systems • In all five states, Notified Services have to unambiguously state the TIME LIMIT within which services will be delivered • In all states [except Uttar Pradesh] acknowledgement slips show the Date on or before which the service would be delivered • Delhi : an automatically generated Time Limit through the e-SLA system; Bihar: through Adhikar • Single window systems in Revenue Department – all 5 States • MP and Rajasthan - in addition - 1-day Governance Timeliness – Some Field Observations • Most services – reported to have been delivered before time: especially, mutation, caste/income/residence certificates • MP, Bihar, UP, Rajasthan and Delhi have used IT for process efficiency. ▫ Online application system introduced in MP, Bihar, Delhi & Rajasthan ▫ In Rajasthan for certain services (caste, domicile and birth) certificates issued online with digital signature • In MP and UP: where connectivity or capacity a problem, applications accepted, verified on paper and entries made into computer later to save time Timeliness- Issues • Too much time has been stipulated for services in the RTPS Acts ▫ Citizens: Earlier the process was faster. ▫ Governments: A safety mechanism since penalties are involved; does provide flexibility to set better standards locally • Delays: Very few appeals so far- MP, Bihar and Rajasthan have reported a few Overarching Challenges • Overall implementation mechanisms robust ▫ ▫ ▫ ▫ rules framed process simplification on-going citizen awareness campaigns on-going capacity building on-going • Shortages of Staff in Front-line Institutions: seems to be nearly universal ▫ In urban: due to high demand for services ▫ In rural – vacancies not filled for years ▫ Staffing situation needs re-assessment • Shortage of funds has been reported: extra costs incurred for computer stationery; electricity supply, etc. Overarching Challenges • Service Delivery staff need further capacity building ▫ Mindset change • Infrastructure: Frontline institutions require more space and better working conditions • Service guarantee to reach the illiterate, people living in remote areas: How to enable? • Important that citizens understand what is guaranteed: NOT acceptance of Application alone! ▫ in some cases even where citizens were not eligible, perception was that the service was still guaranteed Overarching Challenges • A competitive spirit amongst states for increasing number of services under RTPS Acts ▫ Good when notification of more services is wellthought out ▫ Danger in playing number games Overall Picture So Far • States-led: Ownership Very High • State Specific Strategies the Norm ▫ Notified Services – local demand-pull; supply-push ▫ Multi-modal Delivery: Paper and Electronic ▫ Choice: Punishment or Mutual Understanding [Delhi-developing culture for timely service delivery; encouraging departments to join E-SLA] ▫ Modes of Monitoring ▫ Procedures for Appeals/Complaints • Self-generated Competitive Spirit amongst states Overall Picture So Far • An enabling law for citizens rights that has received largely positive feedback from all, including government staff • Pressure of service delivery on the designated officials as more people applying for services after learning about the guarantee • Change in citizen perceptions: no longer need the services of middlemen or bribe to get services Thank You