Public Administration Indian Administration (2)

Public Administration – Indian Administration

SECTION-A Q1. Enumerate the major characteristics and structure of the Moghul administrative system The Mughal Empire (Persian: ‫ شاهان مغول‬Shāhān-e Moġul; Urdu: ‫ ;مغلیہ سلطنت‬selfdesignation: ‫ گوركانى‬Gūrkānī ),[2][3] or Mogul (also Moghul)Empire in traditional English usage, was an imperial power from the Indian Subcontinent.[4] The Mughal emperors were descendants of theTimurids. The Mughal Empire began in 1526; at the height of their power in the late 17th and early 18th centuries, they controlled most of the Indian Subcontinent—extending from Bengal in the east to Balochistan in the west, Kashmir in the north to the Kaveri basin in the south.[5] Its population at that time has been estimated as between 110 and 150 million, over a territory of more than 3.2 million square kilometres (1.2 million square miles). [1]The "classic period" of the empire started in 1556 with the accession of Jalaluddin Mohammad Akbar, better known as Akbar the Great. Under the rule of Akbar the Great, India enjoyed much cultural and economic progress as well as religious harmony. The Mughals also forged a strategic alliance with several Hindu Rajput kingdoms. Some Rajput kingdoms continued to pose a significant threat to Mughal dominance of northwestern India, but they were subdued by Akbar. [6][7] The reign of Shah Jahan, the fifth emperor, was the golden age of Mughal architecture. He erected many splendid monuments, the most famous of which is the legendary Taj Mahal at Agra, as well as Pearl Mosque, the Red Fort, Jama Masjid (Mosque)and Lahore Fort. The Mughal Empire reached the zenith of its territorial expansion during the reign of Aurangzeb, who may have been the richest and most powerful man alive. During his lifetime, victories in the south expanded the Mughal Empire to more than 1.25 million square miles, ruling over more than 150 million subjects, nearly 1/4th of the world's population.[1][8]By the early 1700s, the Sikh Misl and the Hindu Maratha Empire had emerged as formidable foes of the Mughals. Following the death of Aurangzeb in 1707, the empire started its gradual decline,[9] although the dynasty continued for another 150 years. During the classic period, the empire was marked by a highly centralized administration connecting the different regions.Following 1725, the empire began to disintegrate, weakened by wars of succession, agrarian crises fueling local revolts, the growth of religious intolerance, the rise of the Maratha, Durrani and Sikh empires, invasion by Nadir Shah from Persia,[10] rise of independent kingdoms of Oudh, Hyderabad, Mysore and Bengal, and finally British colonialism. The last Emperor, Bahadur Shah II, whose rule was restricted to the city of Delhi, was imprisoned and exiled by the British after the Indian Rebellion of 1857.The name Mughal is derived from the original homelands of the Timurids, the Central Asian steppes once conquered by Genghis Khan and hence known as Moghulistan, "Land of Mongols". Although early Mughals spoke the Chagatai language and maintained some Turko-Mongol practices, they became essentially Persianized[11] and transferred the Persian literary and high culture[11] to India, thus forming the base for the Indo-Persian culture and the Spread of Islam in South Asia

Q2. Discuss the evolution , organization and functions of cabinet secretariat in India. The Cabinet Secretary of India is the senior most civil servant in the country. The Cabinet Secretary is the Ex-Officio and Chairman of the Civil Services Board of the Republic of India; the chief of the Indian Administrative Service and head of all civil services under the rules of business of the Government of India.The Cabinet Secretary is under the direct charge of the Prime Minister. Though there is no fixed tenure, the average tenure of the Cabinet Secretary in India has been less than 3 years. His or her tenure however, can be extended.His status in the Order of Precedence is above Chiefs of Staff or equivalent in other services holding the rank of full General and equivalent to that ofAttorney General and Lieutenant Governors within their territoriesIn the Government of India Allocation of Business Rules, 1961 "Cabinet Secretariat" finds a place in the First Schedule to the Rules. The subjects allotted to this Secretariat are, firstly, secretarial assistance to Cabinet and Cabinet Committees, and secondly, the administration of the Rules of Business.The Cabinet Secretariat is responsible for the administration of the Government of India Transaction of Business Rules, 1961 and the Government of India Allocation of Business Rules 1961, facilitating smooth transaction of business in Ministries/Departments of the Government by ensuring adherence to these rules. The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial coordination, ironing out differences amongst Ministries/Departments and evolving consensus through the instrumentality of the standing/adhoc Committees of Secretaries. Through this mechanism new policy initiatives are also promoted.The Cabinet Secretariat ensures that the President of India, the Vice-President and Ministers are kept informed of the major activities of all Departments by means of a monthly summary of their activities. Management of major crisis situations in the country and coordinating activities of the various Ministries in such a situation is also one of the functions of the Cabinet Secretariat.

SECTION-B Q5. Explain the important functions of the union public service commission. FUNCTIONS OF THE UPSC The functions of the UPSC as specified under Article 320 of the Constitution bear resemblance to those of the Federal Public Service Commission as specified in Government of India Act 1935. These functions may be broadly classified into three categories, viz., (1) regulatory; (2) executive and (3) the quasi-judicial. 1) Regulatory: Among the regulatory functions the UPSC advises the government in matters relating to (i) methods of recruitment and (ii) the principles to be followed in making appointments, promotion and transfer from one service to another. However, unlike the regulatory jurisdiction vested in the United States Civil Service Commission (USCSC), the UPSC in India has hardly any such powers. The UPSC's jurisdiction is purely

advisory. Article 320 (3) of the Constitution merely states that it is the duty of the Commission to advise the government on all matters relating to the methods of recruitment to civil services, promotions and transfers. Although certain functions of the UPSC are often described as being regulatory ones but in reality these are purely advisory functions. 2) Executive Functions: The Commission has a specific constitutional duty of conducting examinations for appointments to the services of the Union. Under this provision the UPSC conducts many written examinations for different categories of post annually, besides the holding of interviews for selection of candidates for specialised and other categories of positions. Here too it may be noted that the Commission's jurisdiction is narrowly restricted to gazetted officers who constitute an insignificant proportion of the total number of government employees. This means that the executive jurisdiction of the Commission extends to only 1.9% of the total employees of the Central Government. Another executive function of the UPSC is to present annually to the President a report of the work done by the Commission during the preceding year. The President is obliged to place the report before both houses of the Parliament with a memorandum explaining the cases, if any, where the advice of the Commission was not accepted and reasons for such nonacceptance. 3) Quasi-judicial Functions: The quasi-judicial jurisdiction of the UPSC is limited both in scope and extent. In fact it has no true appellate jurisdiction. It can only advise on disciplinary actions taken against employees. According to the Constitution, the government should consult the Commission on the following matters: i) All disciplinary actions affecting a government employee like censure, withholding of increments or promotion, reduction to a lower grade, compulsory retirement, removal or dismissal from service, etc. ii) Claims far reimbursement for costs incurred by an employee in legal proceedings instituted against him in respect of acts done in the execution of his duty.

iii) Claims for the award of pension in respect of injuries sustained by an employee and any question as to the amount of any such reward (Constitution of India, Article 320(3)(C)). Under Article 321 of the Constitution, the parliament through legislation, can confer additional functions on the UPSC pertaining to the services of the Union or the States. If necessary, the Parliament can place the personnel system of any local authority, corporate body or public institution within the jurisdiction of the Commission. Q6. Highlight the principal functions of the chief secretary. The principal functions of the Chief Secretary are listed below: He is the principal adviser to the Chief Minister in which capacity he, inter alia, works out the detailed administrative implications of the proposals made by ministers and coordiriates them into a cohesive plan of action. The Chief Secretary is the secretary to the Cabinet. He prepares the agenda for Cabinet meetings, arranges them, maintains records of these meetings, ensures follow-up action on Cabinet decisions, and provides assistance to Cabinet committees. The Chief Secretary is the head of the civil services of the state. In that capacity, he decides on the postings and transfers of civil servants. By virtue of the unique position he holds as the head of the official machinery and adviser to the Council of Ministers, the Chief Secretary is the coordinator-in-chief of the Secretariat departments. He takes steps to secure inter-departmental cooperation and coordination. For this purpose, he convenes and attends a large number of meetings at the Secretariat and other levels. Meetings serve as a powerful tool of effecting coordination and securing cooperation of different agencies. As the chief of the secretaries, the Chief Secretary also presides over a large number of committeks and holds membership of many others. Besides, he looks after all matters not falling within the jurisdiction of other secretaries. In this sense, the Chief Secretary is a residual legatee.

The Chief Secretary is the secretary, by rotation, of the Zonal Council of which the particular state is a member. He exercises 'administrative control over the secretarial buildings, including matters connected with space allocation. He also controls the Central Record Branch, the secretariat library, and the conservancy and watch and ward staff. The Chief Secretary also controls the staff attached to the ministers.

In situations of crisis, Chief Secretary acts as the nerve centre of the state, providing lead and guidance to the concerned agencies in order to expedite relief operations. It would be no exaggeration to say that in times of drought, flood, communal disturbances, etc., he virtually represents the government for all the functionaries and agencies concerned to provide relief. Q7. Discuss the impact of religion and caste on administration. Religion Historically, India has been hospitable to numerous groups of immigrants from different parts of Asia and Europe, People of all religions have been living in India for many centuries. The Constitutien declares India to be a secular state and treat all the religions equally. The Constitution also gives protection to minorities. The Constitution recognizes religion as a fundamental right and a citizen can pursue the religion of his choice. However, in reality, communalism is one of the major threats to the unity and the integrity of the country. In recent years, the communal organisations have become very active in social life resulting in communal clashes in different parts of the country. Some vested interests are using religion for their selfish purposes and are fanning hatred among the communities. The communal disharmony tests the strength of the administration in maintaining law and order and social harmony among the religious groups. Administration has to check disruptive communal activities and maintain social and political stability. Unfortunately, in recent years we also hear the allegations of divisions in the civil services based on communal factors. The role played by some state police forces during the communal disturbances in some parts of the country brings no credit for the state police administration. The political necessity of appeasing each religious section may result in sacrificing rationality in administration. Caste The Hindu society is known for its varna and caste system. The society is broadly divided into four orders or varnas. . Each varna may be divided into different horizontal strata, and each strata is known as caste. The caste system creates:- (a) segmental division of society (b) hierarchy (c) restrictions on social interactions, (d) civic and religious disparities and privileges of different sections (e) restriction on choice of occupation, and (f) restriction on marriage. Though

caste is essentially a Hindi institution, some elements of caste are found in every religious group in India. The caste system based on birth created divisions in the society and contributed to the social and economic inequalities. A section of people were treated as untouchables and they were exploited by upper castes in the society. In recent years, we find some change in the nature and the role of the caste system. The role of the caste is changing. We find that the influence of caste in interpersonal and social relationships is decreasing but paradoxically its role in political process is increasing. The caste is being increasingly used for political mobilisation. This has an adverse effect on the working of political and administrative institutions. Formation of informal groups on caste lines among the public services is another developing phenomena. This affects the homogeneity of the public services. Realising the existence of in-egalitarian social system, the Constitution has provided for preferential treatment to scheduled castes, scheduled tribes and other backward classes in public services. In recent years, we find many agitations for and against the reservations in public services. Paradoxically, it is found that the preferential treatment system designed to bring equality is a cause of the internal tensions in the public organisations. In a social situation of primordial loyalties, the administrative institutions based on universalistic principles are subjected to a lot of stress and strain. The administrator must understand the dynamics of caste loyalties and caste sensibilities to play the role of an effective change agent. Q8. What are administrative tribunals? Bring out the reasons for their growth. A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.[1] For example, an advocate appearing before a Court on which a single Judge was sitting could describe that judge as 'their tribunal'. Many governmental bodies that are titled 'tribunals' are so described to emphasize the fact that they are not courts of normal jurisdiction. For example the International Criminal Tribunal for Rwanda is a body specially constituted under international law; in Great Britain, Employment Tribunals are bodies set up to hear specific employment disputes. Private judicial bodies are also often styled 'tribunals'. The word 'tribunal' is not conclusive of a body's function. For example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.The term is originally derived from the Tribunes, magistrates of the Classical Roman Republic. "Tribunal" originally referred to the office of the Tribunes, and the term is still sometimes used in this sense in historical writings.

Republic of Ireland In the Republic of Ireland, the word tribunal is popularly used to refer to a public inquiry established under the Tribunals of Inquiry (Evidence) Act 1921. The main difference between a Parliamentary Inquiry (non statutory) and a Tribunal of Inquiry in Ireland is that nonstatutory inquiries are not vested with the powers, privileges and rights of the High Court; Tribunals of Inquiry are. Tribunals are established by resolution of the Houses of the Oireachtas to enquire into matters of urgent public importance. It is not a function of Tribunals to administer justice, their work is solely inquisitorial. Tribunals are obliged to report their findings to the Oireachtas. They have the power to enforce the attendance and examination of witnesses and the production of documents relevant to the work in hand. Tribunals can consist of one or more people. A layperson, or non lawyer, may be the Sole member of an Tribunal. See also: Public Inquiry # List of selected Irish public inquiries [edit]United

Kingdom

Main article: Tribunals in the United Kingdom The tribunal system of the United Kingdom is part the national system of administrative justice. Though it has grown up on an ad hoc basis since the beginning of the twentieth century, from 2007 reforms were put in place to build a unified system with recognised judicial authority, routes of appeal and regulatory supervision. [edit]Netherlands Historically in the Netherlands before the separation of lawmaking, law enforcement, and justice duties, all sentences were made by a tribunal of 7 schepenen or magistrates, appointed by the local count. Such a tribunal was called a Vierschaar, so called for the four-square dimensions of the sitting judges. Most towns had the Vierschaar privilege to hear their own disputes. The Vierschaar was usually located in the town hall, and many historic town halls still have such a room, usually decorated with scenes from the Judgment of Solomon.

[edit]Hong

Kong

The following tribunals exist within the Judiciary of the Hong Kong Special Administrative Region of the People's Republic of China: Lands, Small Claims,Labour, Obscene Articles. For public inquiries, commissions would be set up instead under the Commissions of Inquiry Ordinance.