UNIT-1

FREE AND FAIR ELECTIONS AND ITS BACKDROPS

In a constitutional democracy, elections provide an opportunity to ascertain the popular will in regard to
the governance of the country. Election is the act of choosing an individual usually for holding public
office through free will of the people in a representative democracy.

Concept of Free and Fair Election

 Concept of free and fair election includes even preliminary stages to election such as delimitation of
constituencies, preparation, revision or amendment of electoral rolls and many others.
 Concept of free and fair election mainly relates to political liberty and equality. In matters of
election it implies that no one, under the electoral process, is in bondage of another, having his
personal rights, social and political liberty, free thinking and choice subjected to a legal discipline.
 While exercising his right to vote one is not under undue influence of party discipline, religion,
caste, creed, sex, language and also one is not under the strain of corrupt practices and so on.
Thus, free and fair elections are the foundations of democratic form of government.
Growing Menace of Money Power

 Over the course of time several negative features of our electoral scene have worsened. Since the
Model Code of Conduct came into effect, in just the first two phases this time, money power has
been used so blatantly that seizures in form of unaccounted cash, liquor, bullion and
drugs amounting to ₹2,600 crore have already been made.
 These vast sums that intended to bribe or influence voters are only fraction of current illegal
spending that has been exposed. A larger share has already been spent without the knowledge of
ECI or other regulatory authorities.
 Political players have evolved their methods and are many steps ahead of the ECI’s observers and
their vigilance teams by moving their funds to their destinations even before the elections are
announced.
Obstacles in Free and Fair Elections

 Electoral malpractice has appeared in newer forms in recent times. Voter bribery and manipulation
through the media have become the techniques of unethically influencing voters in place of voter
intimidation and booth capturing.
 Over the past few years incidence of corruption in public life in which politicians and officials have
diverted the available resources to personal use has increased. Public funds have been
misappropriated and have destroyed the moral and ethical environment of the nation.
 According to the Vohra Committee Report, criminalization of politics and corruption in high levels
is destroying the very system and edifice of our parliamentary democracy, political authorities, the
civil servants and even the judiciary.
 In the era of outside support and the coalition governments in the States and at the Centre, it is an
admitted fact that the representatives of the people in the Assemblies and Parliament accept
money to support a particular Government. Hence, Members of Parliament or State Assemblies
became a marketable commodity and a subject of sale and purchase or horse-trading.
 Money power is a crucial factor in elections since modern devices of election propaganda are
expensive. The availability of large funds ordinarily tends to increase the number of votes a candidate
will receive. This money often takes the course of black money and is collected through nefarious
and illicit means.
 Electoral bonds which were meant for from enabling a legitimate and transparent means of political
funding, have proved to be the reverse. The EC, in its own affidavit before the Supreme Court, has
admitted as much.
o The Supreme Court’s order has made sure that full disclosure, albeit to the EC, has already
effectively killed further funding along this route.
Steps Suggested

 Any serious reform with regard to funding must come from the EC itself, the EC should convene
a conference of all stakeholders, including of course all recognized political parties, both central and
State. The list of stakeholders must also include the best constitutional and legal minds in our country.
 ECI must ensure strict compliance of model code of conduct and anyone seen violating it must be
given highest possible restraint to deter herself from any such future practice.
 Being a watchdog of the democracy, media should follow the ethical reporting of events covering
real issues affecting people and should not indulge in paid news and in propaganda politics.
 Parliament must consider the legal infirmities existing in the provisions of election law, relating
to entry of criminals in politics. Classification between general criminals and sitting member
criminals under Section 8 of the Representation of People Act, 1951 must be omitted.
 ELECTION COMMISSION OF INDIA

The Election commission of India was established on 25th Jan 1950, with the goal of establishing and
managing our country’s electoral process. The ECI’s most important job is to conduct free elections and
fair elections in accordance with the regulations and the Model Rules of Ethics which is a code of ethics.

What is the Election commission of India?

The ECI is a self-governing constitutional authority that regulates the election process in India in
accordance with the Indian Constitution. The ECI was established on 25th Jan 1950, with the goal of
managing our country’s electoral process. The ECI is in charge of overseeing elections from the President
to such State Legislative Assembly. According to Article 324 of said Indian Constitution, the Election
Commission of India has supervisory and directing responsibility for the whole process of election to the
legislatures and legislatures of each and every state with India’s president and vice-president.

Structure of ECI:
 Originally, there was only a single election commissioner on the commission, but thanks to the ECI
Amendment Act 1989, it is now a multi-member body
 The commission was made by 1 chief election commissioner with 2 election commissioners
 The election commission is assisted at the state level by the Chief Electoral Officer, who is an IAS level
Officer
 They have a set six-year term, or until they reach the age of 65, whichever comes first
 They have the same status, salary, and benefits as Supreme court judges of India

Removal from office:

 Judges of the High Courts and the Supreme Court, as well as the CEC and the CAG, may be removed from
office by a resolution passed by Parliament on the basis of “proven misbehavior or incapacity”
 The term “impeachment” is not used in the Constitution to refer to the removal of judges, CAGs, and CECs
 The word “Impeachment” is exclusively used to remove the President, which needs a special majority of
two-thirds of the entire strength of both chambers and is not used anywhere

Appointment and tenure of commissioners:

 The President of India appoints a chief election commissioner and election commissioners
 6-year tenure for both election chief commissioners and commissioners and it’s up to 65 years
 The elected commissioner is the only person who has the authority to dismiss the election commissioner
 Only the president, with the agreement of parliament, has the authority to dismiss the chief election
commissioner

Powers of ECI:
The powers of Election commissioners of India can be categorized into 3 types followed Administrative
Powers, Advisory Powers, and Quasi-judicial Powers

 Administrative powers:
The vital task of supervising, directing, and controlling the conduct of elections encompasses a wide range
of authorities, responsibilities, and activities; these are basically the administrative powers upon the ECI
Article 324 confers several tasks on the Commission, which could be powers or obligations, mostly
administrative, but also judicial or legislative in nature.

 Advisory Powers:
In cases where a person is accused and convicted of any corrupt practices during an election, the President
of India makes the decision whether the same person must be disqualified from competing in upcoming
 elections or not, and, if so, for how long. Before making a judgment in the event of such an incident, the
President obtains the advice of the ECI and may act in accordance with that advice depending on the
circumstances.

 Quasi-Judicial Powers:
The Election Commission is also required by law to conduct another crucial job. All organizations or
groupings of persons calling themselves political parties and prepared to run for office under the name and
flag of a political party must register with ECI. The Supreme Court has ruled that the Election Commission’s
job of registering political parties is a quasi-judicial function done by ECI.

Role of ECI:
ECI is critical in the organization of elections. The ECI’s most important job is to conduct free elections
and fair elections in accordance with the regulations and the Model Rules of Ethics which is a code of
ethics. It is in response to monitoring political parties’ and candidates’ acts and activities.

The function of ECI:

 ECI is in charge of ensuring a free and fair election
 It makes certain that parties follow the Code of Ethical Conduct
 Regulates and registers political parties based on their eligibility to run in elections
 All parties are encouraged to set a cap on campaign spending per candidate, which is monitored
 All political parties are required to file yearly accounts to the Election commission of India in order to
collect the tax advantage on contributions
 Ensures that almost all political parties produce audited financial reports on a regular basis
 The Election Commission’s primary responsibilities are as follows
 Supervise, control, and conduct all parliamentary and state legislative elections
 Establish general election regulations
 Make electoral rolls
 Determine the allocation of constituencies on a geographical basis
 Give political parties credit
 Election emblems should be assigned to political parties and candidates

Voting Procedure:
The voting is done by 3 methods according to area condition and person’s disability. These are EVM, postal
voting, and Electors with disabilities. EVM is nothing but Electronic Voting Machines which are now used
to take benefits of voting on a large scale.

Conclusion:
The Election Commission of India has supervisory and directing responsibility for the whole process of
election to the legislatures and legislatures of each and every state with India’s president and vice-president.
This helps to conduct elections of Lok Sabha, Rajya sabha, and many more.
 THE REPRESENTATION OF THE PEOPLE ACT (RPA),1951

 Key Provisions
o It regulates the actual conduct of elections and by-elections.
o It provides administrative machinery for conducting elections.
o It deals with the registration of political parties.
o It specifies the qualifications and disqualifications for membership of the Houses.
o It provides provisions to curb corrupt practices and other offences.
o It lays down the procedure for settling doubts and disputes arising out of elections.
 Qualification for Contesting Elections in India
o The Parliament has laid down the following qualifications (for contesting election) in the
RPA,1951:
 A person must be an elector in the constituency.
 The person must be a member of a Scheduled Caste or Scheduled Tribe in any
state/UTs if he/she wants to contest a seat reserved for them.
 The minimum age for becoming an MLA/MPs (Lok Sabha) is 25 years.
 At the panchayat and municipality levels, the minimum age limit for contesting elections
is 21 years.
 Right to Vote
o Apart from Article 326 of the Constitution ( that guarantees the right to vote to every citizen
above the age of 18 years, unless disqualified by any law), Section 62 of the RPA,1951 also
ensures that every person who is in the electoral roll of that constituency is entitled to vote.
o One person can vote at one constituency only and only for one time in a particular election.
o If a person is confined in a prison, whether under a sentence of imprisonment or
transportation, then he is not eligible for voting, however, in the case of preventive
custody, he can vote.

 In 2014, the ECI had said that the person under preventive custody had the right to vote,
but not under-trials and convicts.
 However, the Act allows those serving sentences less than 2 years to contest
elections from prison.
 NOTA Option: None of the Above was introduced in the ballot papers/ Electronic Voting Machine
(EVMs) in General Election to the State Assemblies in 2013.
 VVPAT: Voter Verifiable Paper Audit Trail is an independent system attached with the EVMs
that allows voters to verify that their votes are cast as intended. It was introduced in 2013, after the
SC allowed the ECI for the ‘requirement of free and fair elections’ in its verdict in the People’s Union
for Civil Liberties vs. Union of India case (2013).
 Provisions Related to Political Parties: Every association or body in order to become a political
party must be registered with the ECI whose decision regarding registration will be final.
o Registered political parties, in course of time, can get recognition as 'State Party’ or National
Party’.
o Change in name and address of a registered political party must be communicated to the
ECI.
o The ECI cannot derecognize a party.
 Voluntary Contributions
o Voluntary contributions by any person or company within India (other than a government
company) can be accepted by the registered political party.
 A company can donate any amount of money to any political party.
 There is no obligation of the company to report such donations in its profit and loss
account.
o It is mandatory for the political parties to submit to the ECI a list of donations they received
above Rs. 2,000.
 Political parties cannot receive more than Rs 2000 as cash donations.
o Now, political parties are eligible to accept contributions from foreign companies defined
under the Foreign Contribution (Regulation) Act, 2010.
 Declaration of Assets and Liabilities
o Individuals contesting elections have to file an affidavit, declaring their criminal records, assets
& liabilities and educational qualification.
o After getting elected, MPs are required to file a declaration of assets and liabilities with the
Speaker of Lok Sabha and the Chairman of Rajya Sabha.
o These declarations have to be made by MPs within 90 days of taking their seats in Parliament.
 Right to Information
o Candidates need to furnish information whether he/she is accused of any offence punishable
with imprisonment of 2 years or more in a pending case or has been convicted of an offence.
 Voting Through Postal Ballot
o Any class of person can be notified by the ECI in consultation with the concerned government
which can give their votes by postal ballot.
 Section 126 of the RPA, 1951
o 48 hours before the polling ends or concludes, displaying of any election matter by television
or similar apparatus in a constituency is prohibited.
o Section 126 is not applicable to the print media, news portals and social media.
 Section 126A prohibits the conduct of exit poll and dissemination of its results during
the period mentioned.
 Ceiling on Expenditure
 o A candidate contesting polls in large states can spend up to Rs 70 lakh in the Lok Sabha election
and Rs 28 lakh in an Assembly election.
 Counting of Votes
o At every election where a poll is taken, the votes are counted by, or under the supervision of
the Returning Officer (RO), and contesting candidate, his election agent and his counting
agents.
o Destruction, loss, damage or tampering of ballot papers at the time of counting must be
reported by the RO to the ECI.
 Corrupt Practices
o All government or non-government officials are included within the scope of corrupt practices.
o Bribery: Any gift/offer/promise or gratification to any person as a motive or reward.
o Undue Influence: Any direct or indirect interference/attempt to interfere on the part of the
candidate with the free exercise of any electoral right.
o The publication by a candidate any statement of fact which is false in relation to the personal
character/conduct of any candidate
o The hiring or procuring of any vehicle by a candidate of any elector to or from any polling
station.
 Promoting Enmity
o Any person who promotes or attempts to promote on grounds of religion, race, caste,
community or language, feelings of enmity or hatred between different classes of citizens
of India can be punished with imprisonment for a term which may extend to 3 years.
o Prohibition of public meetings during a period of 48 hours ending with the hour fixed for the
conclusion of the poll.
 Disqualification of MPs and MLAs
o The RPA, 1951 lays down certain rules for disqualification of MPs and MLAs.
o Section 8 (3) of the Act states that if an MP or MLA is convicted for any other crime and is
sent to jail for 2 years or more, he/ she will be disqualified for 6 years from the time of
release.
 Even if a person is on bail after the conviction and his appeal is pending for disposal, he
is disqualified from contesting an election.
o Section 8(4) allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they
appealed against their conviction/sentence in higher courts within 3 months of the date of
judgment by the trial court.
 The Supreme Court in July 2013 struck down section 8(4) of the RPA, 1951 and
declared it ultra vires and held that the disqualification takes place from the date of
conviction.
Significance of the Acts

 Direct Democracy: The provision of direct election for every constituency makes the process
of election more democratic and participatory by encouraging and empowering people to play an
active role in choosing appropriate candidates.
 Equal Representation: The RPA,1950 provides for delimitation which brings equality in the
process of election by ensuring roughly an equal number of electors in each constituency.
 Federalism: The acts strengthened the federal polity of the country by giving due representation to
each state in the Parliament.
 Decriminalizing Indian Politics: The RPA,1951 plays the significant role in breaking the
politicians, police & criminal nexus (which is one of the greatest threats to the rule of law in India),
by prohibiting the entry of persons with a criminal background into the electoral process,
thus decriminalizing Indian politics.
 Accountability and Transparency: The RPA,1951 provides for the expenditure monitoring
mechanism which ensures the accountability and transparency of the candidate in the use of public
funds or misuse of power for personal benefits.
 Clean Election: The RPA,1951 prohibits corrupt practices like booth capturing, bribery or promoting
enmity etc., and ensures the conduct of free & fair elections which in turn encourage political
liberalization and democratization.
 Legible Political Funding: The RPA ,1951 provides that only those political parties which are
registered under section 29A of the RPA, 1951 are eligible to receive electoral bonds, thus providing
a mechanism to track the source of political funding and ensuring transparency in electoral funding.
Challenges

 False Disclosures: Even after the provision of the declaration of assets and liabilities in the RPA act,
candidates do not disclose all the assets and provide wrong and incomplete information regarding
their assets, liabilities, and income and educational qualifications.
 The Bureaucratization of Politics: In spite of the inclusion of several provisions aimed at making
the ECI as an independent body,it is still dependent on the Union for financial matters that paves
the way for political parties to manage to get the officers in their favour through money and muscle
power.
 Dual Responsibility of the ECI: The ECI does not have independent staff of its own so whenever
elections take place, it has to depend upon staff of Central and State Governments hence the dual
responsibility of the administrative staff, to the government for ordinary administration and
to the ECI for electoral administration is not conducive to the impartial and efficient functioning of
the Commission.
 Misuse of Government Machinery: The RPAs lack clear provisions and guidelines on the matters
related to the misuse of official machinery that gives an unfair advantage to the ruling party at the
time of elections and leads to the misuse of public funds for furthering the prospects of candidates of
a particular party.
o The misuse of official machinery takes different forms, such as the issue of advertisements at
the cost of government and public exchequer highlighting their achievements, disbursements
out of the discretionary funds at the disposal of the ministers, use of government vehicles for
canvassing etc.
Way Forward

 Restriction on Opinion Polls: By an amendment made to the RPA 1951, conducting and publishing
results of exit polls have been prohibited.
o There should be a similar prohibition or restriction on opinion polls also as several
manipulated opinion polls could impact the voting pattern.
 False Declaration as Offense: The RPA ,1951 should be amended to include all the items related
to the election disclosure in the affidavit and making false declarations in connection with the
election to be an offence.
 Independent ECI: In order to curb the practice of bureaucratization of politics and to secure
complete independence of the Election Commission, its expenditure should be charged on the
Consolidated Fund of India.
 De-listing of Valid Electorates: Parliament must pass a law dealing with the serious problem of
delisting of valid electors from electoral rolls because illiterate electorate residing in far
villages cannot watch over the publication of electorate lists.
 State Funding of Elections: To minimise the role of money in elections, provisions should be made
for state funding of elections.
o A few government reports have highlighted the prospects of state funding of elections like

 Indrajit Gupta Committee on State Funding of Elections (1998)

 Law Commission Report on Reform of the Electoral Laws (1999)
 National Commission to Review the Working of the Constitution (2001)
 2nd Administrative Reforms Commission (2008)
The powers of the ECI are enormous and all-encompassing which even exceed the powers of the
executive in all election-related issues during the course of the election period. Thereby giving it effective
tools in dispensing free and fair elections, the only thing that lacks is will and integrity on the part of
responsible officials. The ECI should become more prudent and proactive to ensure the fairness and
transparency of the general election and wipe away any doubt regarding its integrity as an esteemed
institution.
 UNIT-2

LOCAL SELF GOVERNMENT

The Local Self Government is the body that provides services to the citizens of India to address their
concerns at the grassroots level. To look after the administration of a town, village, or city, the Local Self
Government was created. If you look at the governing structure of India, then you will find out that it is
made up of three tiers – central government, state government, and Local Government in India.

What is Local Self Government?

Local self-government involves the devolution of governing authority to those at the bottom of the political
food order. Here, participation at the grass-root level of society is included in the administration process.

 In rural areas of India, block samiti, Panchayats, and Zila Parishad are established to carry out their
functions as local self-government bodies. However, in urban areas, bodies like municipalities and
corporations are established for local self-governance.
 Local Self Government in India has been a topic of debate even before independence. Where few,
like Gandhi, wanted village republics and the principle of subsidiarity, Nehru and Ambedkar
favored a strong center.
 Panchayati Raj System is a significant landmark in the evolution of grass root democratic
institutions like Panchayats and Municipalities in the country.

Evolution of Local Self Government in India

The first local government system in India at the village level was established by the state of Rajasthan
in 1959 in the Nagaur district, followed by Andhra Pradesh. Thereafter the system was adopted by most
of the statuses.

 The major concern regarding the local self-government was its architecture, amount of power to be
devolved, finances, etc. Several committees were constituted by respective union governments to
devise a method for the same.
 In the earliest of times, village communities have been excited to carry out the function of self-
governance. Over the period, these village communities were known as Panchayat Raj System, and
they were the oldest Local Self Government.
 After 1882, the elected bodies came into existence because Lord Rippon took the initiative to
establish these bodies. That’s why Lord Rippon is known as the father of Local Self-Government.
 73rd and 74th constitutional amendments were passed, which made it mandatory for every state
in India to have such bodies in its urban and rural areas. There was also the compulsion to carry
out elections for the Local Self Government bodies every five years.
 With the establishment of these bodies at the local level, the functioning and structure of the nation
became better.

Functions of Local Government

All the Local Self Government bodies work with the aim of promoting economic development,
infrastructure development, and promote social justice. Some of the most important functions of Local
Government in India are:
  Spread awareness about education, and build infrastructure like roads, schools, transport, etc.
 Local Government looks after the community asset and promotes agricultural development through
the proper implementation of various Government schemes.
 These bodies aim to boost health facilities so that people don’t have to travel too far for health
concerns. In addition, they promote the small-scale industries of rural areas.
 Developing dairy, animal husbandry, and forestry are also the functions of Local Self Government
bodies.

Structure of Local Self Government in India

In Both rural and urban areas, there are three Local Self Governing bodies. In Rural areas, the governing
bodies include Zila Parishad, panchayat Samitis, and gram panchayats. Zila Parishad is at the top level, and
it is made up of panchayat samiti. The Panchayat Samitis or the block councils are again made up of gram
panchayats.

In Urban areas, the Local Government bodies include Municipal Corporations, Municipalities, and Nagar
Panchayats. The difference between all these local self-governing bodies is that municipal corporation has
more than a million population, while Municipalities have a population of less than a million.

Father of Local Self Government

Lord Rippon is known as the Father of Local Self Government because he was behind the establishment of
various reforms. Among these reforms, he introduced Local Self-Government, and due to this, he is also
called as ‘Good Viceory of India.’ The main objective of Rippon behind establishing the local government
was to make things smoother and easier at the grassroots level of society. In addition, he introduced various
schemes for the development of local government.

Tenure of Local Self-Government Bodies

The Local Self-Government bodies are elected for a five years term. When the term period gets over, a
fresh election is conducted. Suppose anything happens and the panchayat is dissolved before the expiry
period. In that case, the election is conducted within six months, and the panchayat or municipality will
take care of the office for the six-month duration.

Powers of Local Self Government in India

The power of the Local Self-Government bodies is not defined exclusively, and they can be as per the
states’ requirements. The power to Panchayats and Municipalities is given by the state governments as per
the economic development. The primary goal behind the establishment of Local Self-Government was to
help the government in planning for social and economic development. These bodies are authorized to
collect, impose and manage taxes as well.

Local Self Government – Way Forward

The Local Self-Government is taking care of the society at grassroots level, and it had made things easier
and better for both the central government, and the citizens of India. However things can be improve with
proper
 States should devise proper mechanisms to devolve funds to the Local Self-Government bodies.
They should be conferred power to generate their own revenue. This can be done by including the
third tier in GST or can tax lands or local activities.
 A proper uniform cadre should be created for the panchayats. Education programs for the
representatives should be conducted, teaching them about their powers, roles, and responsibilities.
 The powers of the Local Self-Government bodies should be properly demarcated. Gram Sabha
should be empowered, and regular meetings must be conducted. It should take place under a video
recording camera. Social auditing mechanisms should be developed.
 UNIT- 3
CENTRAL VIGILANCE COMMISSION

Central Vigilance Commission (CVC) was mainly created to address governmental corruption and to advise
the central government in the field of surveillance. CVC is free of control from any executive authority,
monitors all vigilance activity under the Central Government, and advises various authorities in Central
Government organizations in planning, executing, reviewing, and reforming their vigilant work. The CVC
is not controlled by any Ministry/Department. It is an independent body that is only responsible to the
Parliament.

The Commission consists of:

 A Central Vigilance Commissioner – Chairperson;

 Not more than two Vigilance Commissioners – Members

President of India appoints CVC members by warrant under his hand and seal after the recommendation by
a three-member committee of:

1. Prime Minister
2. Minister of Home Affairs (MHA)
3. Leader of Opposition in Lok Sabha

The term of the Office of the vigilance commissioners is four years or if they attain 65 years of age
(whichever is earlier) After they retire, they are not eligible for reappointment in any central or state
government agency.

History of Central Vigilance Commission

The Government set up the Central Vigilance Commission in February 1964 on the recommendations of
the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central
Government agencies in the field of vigilance.

The Central Vigilance Commission was made a multi-member Commission with statutory status with effect
from 25th August 1998 through the promulgation of an Ordinance by the President.

The CVC Bill was passed by both the houses of Parliament in 2003 and the President gave his assent on
September 11, 2003.

Thus the Central Vigilance Commission Act 2003 came into effect.

In 2004, the Government of India authorized the Central Vigilance Commission as the ‘Designated Agency’
to receive written complaints for disclosure on any allegation of corruption or misuse of office and
recommend appropriate action.
Mission of CVC

 Creation of credible deterrence against corruption through prompt enforcement of anti-corruption

laws and regulations
 Undertaking effective preventive measures to minimize the scope of corruption.
 Raising public awareness to inculcate ethical values and reduce society’s tolerance toward
corruption.

Functions and powers of the Central Vigilance Commission

Under the Central Vigilance Commission Act, 2003 the roles and functions of the CVC are:

 To give directions and exercise superintendence over the functioning of the Delhi Special Police
Establishment (CBI) by the investigation of offenses under the Prevention of Corruption Act, 1988.
 To inquire or cause an inquiry or investigation to be made on a reference by the Central Government.
 To inquire or cause an inquiry or investigation to be made into any complaint received against any
official belonging to such category of officials specified in sub-section 2 of Section 8 of the CVC
Act, 2003.
 To review the progress of investigations conducted by the DSPE into offenses alleged to have been
committed under the Prevention of Corruption Act, 1988 or an offense under the CrPC.
 To review the progress of the applications pending with the competent authorities for sanction of
prosecution under the Prevention of Corruption Act, 1988.
 To tender advice to the Central Government and its organizations on matters referred to by them.
 To exercise superintendence over the vigilance administrations of the various Central Government
Ministries, Departments, and Organizations of the Central Government.
 It has all the powers of a Civil court while conducting any inquiry.
 To respond to Central Government on mandatory consultation with the Commission before making
any rules or regulations governing the vigilance or disciplinary matters relating to the persons
appointed to the public services and posts in connection with the affairs of the Union or to members
of the All India Services.
 The Central Vigilance Commissioner (CVC) is the Chairperson and the Vigilance Commissioners
are members of the Committee, on whose recommendations, the Central Government appoints the
Director of Enforcement.
 The Committee for the appointment of the Director of Enforcement is also empowered to
recommend, after consultation with the Director of Enforcement appointment of officers to the posts
of the level of Deputy Director and above in the Directorate of Enforcement.
 The Central Vigilance Commissioner (CVC) is also the Chairperson and the Vigilance
Commissioners are members of the Committee empowered to recommend after consultation with
the Director (CBI), the appointment of officers to the post about the level of SP and above except
Director.
 The committee can also recommend the extension or curtailment of the tenure of such officers in the
DSPE (CBI).

Commission’s Jurisdiction under CVC Act

 Members of All India Service serving in connection with the affairs of the Union and Group A
officers of the Central Government
 Officers of the rank of Scale V and above in the Public Sector Banks
 Officers in Grade D and above in Reserve Bank of India, NABARD, and SIDBI
  Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’
and ‘B’ Public Sector Undertakings
 Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C’
and ‘D’ Public Sector Undertakings
 Managers and above in General Insurance Companies
 Senior Divisional Managers and above in Life Insurance Corporations
 Officers drawing a salary of Rs.8700/- p.m. and above on Central Government D.A. pattern, as on
the date of the notification and as may be revised from time to time in Societies and other Local
Authorities

The CVC receives complaints about corruption or misuse of office and recommends appropriate action.

Following institutions, bodies, or a person can approach CVC:

 Central government
 Lokpal
 Whistleblowers

Since 2004, the commission receives complaints under Public Interest Disclosure and Protection of
Informers’ Resolution (PIDPI), also called Whistleblowers’ Resolution.

But the CVC is not an investigating agency.

 It gets the investigation is done through the CBI or chief vigilance officers (CVO) in government
offices.

Recent reforms in CVC

In 2021, the CVC modified the guidelines related to the transfer and postings of officials in the vigilance
units of government organizations by restricting their tenures to three years in one place.

Conclusion
The Central Vigilance Commission is often limited in its powers as it is treated as an advisory body with
no power to register cases. Even though it is an independent agency, it lacks the resources and power to
take action on complaints.

Such shortcomings of the systems need to be addressed to curb the menace of corruption in the rapidly
growing economy.
 COMPTROLLER AND AUDITOR GENERAL OF INDIA

Who is the CAG?

 CAG is an independent authority under the Constitution of India.

 He is the head of the Indian audit & account department and chief Guardian of Public purse.
 It is the institution through which the accountability of the government and other public authorities
(all those who spend public funds) to Parliament and State Legislatures and through them to the
people is ensured.
 Shri Girish Chandra Murmu is the incumbent CAG of India.
How did the Office of the CAG come into Being?

 Office of the Accountant General was established in 1858 (the year the British took over
administrative control of India from the East India Company). In 1860 Sir Edward Drummond was
appointed as the first Auditor General.
o Meanwhile after some restructuring the Auditor General of India came to be called the Auditor
and Accountant General to the Government of India.
 In 1866, the position was renamed Comptroller General of Accounts, and in 1884, it was re-
designated as Comptroller and Auditor General of India.
 Under the Government of India Act 1919, the Auditor General became independent of the
government as statutory backing was given for the position.
o The Government of India Act 1935 further strengthened the position of the Auditor General by
providing for Provincial Auditors General in a federal set-up.
o The act also described the appointment and service procedures and gave a brief overview of the
duties of the Auditor General of India.
 The Accounts and Audits Order of 1936 provided detailed accounting and auditing functions of the
auditor general.
 This arrangement remained unchanged until India’s independence in 1947. After independence,
Article 148 of the 1949 Indian Constitution provided for the establishment of a Comptroller and
Auditor General to be appointed by the President of India.
o CAG jurisdiction was extended to Jammu and Kashmir in 1958.
 In 1971 the central government enacted the Comptroller and Auditor General (Duties, Powers, and
Conditions of Service) Act, 1971. The act made CAG responsible for both accounting and auditing
duties for central and state governments.
o In 1976 CAG was relieved from accounting functions.
 CAG has undergone rapid computerization and modernization since the 1990s and pervasive nature
of Indian corruption has kept CAG vigilant and it has audited and investigated some of the worst and
most controversial corruption scandals in Indian history.
What are the Constitutional Provisions regarding the CAG?

 Article 148 broadly deals with the CAG appointment, oath and conditions of service.
 Article 149 deals with Duties and Powers of the Comptroller and Auditor-General of India.
 Article 150 says that the accounts of the Union and of the States shall be kept in such form as the
President may, on the advice of the CAG, prescribe.
 Article 151 says that the reports of the Comptroller and Auditor-General of India relating to the
accounts of the Union shall be submitted to the president, who shall cause them to be laid before each
House of Parliament.
o The reports of the Comptroller and Auditor-General of India relating to the accounts of a State
shall be submitted to the Governor of the State, who shall cause them to be laid before the
Legislature of the State.
 Article 279 – Calculation of "net proceeds" is ascertained and certified by the Comptroller and
Auditor-General of India, whose certificate is final.
 Third Schedule – Section IV of the Third Schedule of the Constitution of India prescribes the form
of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and
Auditor-General of India at the time of assumption of office.
 Sixth Schedule – According to this schedule, the District Council or Regional Council should be kept
in such form as the CAG prescribes with the approval of the President. In addition these bodies
account are audited in such manner as CAG may think fit, and the reports relating to such accounts
shall be submitted to the Governor who shall cause them to be laid before the Council.
How Independently does the Office of CAG Function?

 There are several provisions in the Constitution for safeguarding the independence of CAG.
 CAG is appointed by the President by warrant under his hand and seal and provided with tenure of 6
years or 65 years of age, whichever is earlier.
 CAG can be removed by the President only in accordance with the procedure mentioned in the
Constitution that is the manner same as removal of a Supreme Court Judge.
 He is ineligible to hold any office, either under the Government of India or of any state, once he
retires/resigns as a CAG.
 CAG is one of the bulwarks of the democratic system of government in India. The others being the
Supreme Court, the Election Commission and the UPSC.

o No minister can represent the CAG in Parliament.

 His salary and other service conditions cannot be varied to his disadvantage after appointment.
 His administrative powers and the conditions of service of persons serving in the Indian Audit and
Accounts Department are prescribed by the President only after consulting him.
 The administrative expenses of the office of CAG, including all salaries, allowances and pensions are
charged upon the Consolidated Fund of India that is not subject to vote.
What are the Functions and Power of CAG?

 CAG derives its audit mandate from different sources like–

o Constitution (Articles 148 to 151)
 o The Comptroller and Auditor General’s (Duties, Powers and Conditions of Service) Act,
1971
o Important Judgments
o Instructions of Government of India
o Regulations on Audit & Accounts-2007
 CAG audits the accounts related to all expenditure from the Consolidated Fund of India, Consolidated
Fund of each state and UT’s having a legislative assembly.
 He audits all expenditure from the Contingency Fund of India and the Public Account of India as well
as the Contingency Fund and Public Account of each state.
 He audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary
accounts kept by any department of the Central Government and the state governments.
 He audits the receipts and expenditure of all bodies and authorities substantially financed from the
Central or State revenues; government companies; other corporations and bodies, when so required
by related laws.
 He audits the accounts of any other authority when requested by the President or Governor e.g. Local
bodies.
 He advises the President with regard to prescription of the form in which the accounts of the Centre
and States shall be kept.
 He submits his audit reports relating to the accounts of the Centre to the President, who shall, in turn,
place them before both the houses of Parliament.
 He submits his audit reports relating to the accounts of a State to the Governor, who shall, in turn,
place them before the state legislature.
 CAG also acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.
What is the Public Accounts Committee (PAC)?

 PAC is a Parliamentary Standing Committee created under GOI Act, 1919.

 CAG audit reports are handed over to the PACs at the centre and at the state.
 Three CAG reports i.e. audit report on appropriation accounts, audit report on finance accounts and
audit report on public sector undertakings are examined by PAC.
 At the central level, these reports are submitted by CAG to president, who makes them to be laid in
parliament.
 CAG also assists the committee in its deliberations by preparing a list of the most urgent matters
which deserve the attention of the PAC.
 He also helps in making the actions of the committee clear to the witnesses and in making the action
of the government clear to the committee.
 CAG position is sometimes one of interpreter and translator, explaining the officials’ views to the
politicians and vice-versa.
 The responsibility of the CAG does not end here. He has to watch whether the corrective action
suggested by him has been taken or not. In cases whether it has not been taken, he reports the matter
to the PAC which will take up the matter.
What are the Challenges in the Effective Functioning of CAG?

 In present times audits are getting complex because forms of corruption and maladministration
extremely difficult to detect.
o Besides the historic task of keeping a close watch on the Central and State governments, CAG
are now auditing several public-private partnerships (PPP) projects.
o In this context CAG of India has suddenly landed in the midst of unprecedented opportunity
and challenge.
 No criterion or procedure has been prescribed either in the Constitution or in the statute for the
appointment of CAG.
o This has given the sole power to the executive to appoint a person of their choice as the CAG.
This goes against the international best practices prevalent across the world.
 The CAG has the authority to inspect any Government office and to call for any accounts. However,
in practice, the supply of records is often denied.
o Moreover, usually inordinately delayed and more often than not, crucial documents are supplied
to the auditors at the end of the audit programme with the sole objective of obstructing
meaningful audit of those crucial records.
 Just like the citizen’s right to get the information within a month under RTI Act 2005, auditors should
be provided access to records on priority basis within seven days, failing which, heads of departments
should be required to explain the circumstances that caused the delay.
 In 2015, an all-India conference of PACs of Parliament and State/Union Territories legislatures
discussed the need for complete independence of the CAG, making it a part of the PAC, like in the
UK and Australia.
o It also called for prior consultation with the Chairman, PAC, before appointment of the CAG
and consequential need to amend the CAG Act to this effect.
 Though the Indian Constitution provides for a six-year term to the CAG, the cap of 65 years of age
has been reducing the actual terms of successive CAGs in the recent times.
o Shorter tenure works as an impediment to the independent and proper functioning of the
institution due to lack of continuity of the leadership and loss of expertise.
o Internationally, the CAG of the UK and the Comptroller General of the US has 10 and 15 years
of term respectively.
 The work of audit of accounts of the Union and of the States is actually done by the officers and staff
of the IA&AD. However, no statutory recognition has been given to the work of IA&AD in India as
against National Audit Office of the UK.
 The recognition of the IA&AD as a statutory body with delegation of powers to lower functionaries
on the pattern of IT Act will improve the quality of audit and give credibility to the work done by the
officers and staff of the IA&AD, thereby leading to greater impact and better outcome.
 Some of the audits of CAG in recent times have attracted criticism due to exaggerated loss estimates
or outlandish figures.
o To avoid such allegations CAG should follow rigorous standards so that the integrity of audits
is not affected by extraneous considerations.
 LOKAYUKTA
The anti-corruption ombudsman organisation in India’s states is called Lokayukta. The Lokpal and
Lokayuktas Act, 2013, made it possible to create the Lokpal institution at the federal level and the
Lokayuktas institution at the state level to look into claims of corruption against public officials and other
related issues.
 Lokayukta History
The Scandinavian Ombudsmen are the ancestors of Lokayukta. An Ombudsman is typically chosen to
protect the public from all forms of bad administration. Sweden was the first nation to create an Ombudsman
organisation in 1809.
The first ARC called for the creation of two unique agencies named as “Lokpal” and “Lokayukta” to address
public issues. In its report titled “Ethics in Governance,” the Second Administrative Reforms Commission
(SARC) suggested that the Lokayukta be a multi-member body with a judicial member as chairperson, an
eminent jurist or eminent administrator with credentials as a member, and the head of the State Vigilance
Commission as an ex-officio member.
As a result of the Indian government’s efforts to purge the administrative system of corruption and
anomalies, Lokpal and Lokayukta were established as two anti-corruption watchdogs.
 Lokayuktas Act, 2013
The Lokpal and Lokayukta Act, 2013, also referred to as the Lokpal Act, aims to appoint a Lokpal for the
Union and a Lokayukta for each state to look into allegations of corruption or wasteful spending against
public servants.
The Act is applicable to “public servants” both inside and outside of India, and it covers the entire nation.
The Lokayukta will serve as a watchdog in our democratic system, supporting citizens in reporting cases
of corruption, along with the Income Tax Department and the Anti-Corruption Bureau. The patterns of the
organisation and the function of Lokayuktas in various states varied noticeably.
 Lokayukta Organizational Structure
All of the states’ Lokayukta structures differ from one another. There are certain states that have both the
Lokayukta and the Up-Lokayukta, including Rajasthan, Karnataka, Andhra Pradesh, and Maharashtra. Only
the Lokayukta was founded in other states, such as Uttar Pradesh and Himachal Pradesh. There is no
Lokayukta of Up-Lokayukta in Jammu & Kashmir. For instance, the following operational wings make up
the Madhya Pradesh Lokayukta: -
 Administrative and Enquiry Section
 Legal Section
 Special Police Establishment (SPE)
 Technical Cell
 District Vigilance Committees.

 Lokayukta Appointment
The Lokayukta and Up-Lokayukta are two independent, unbiased organisations established to look into the
actions and decisions of public employees. These authorities are separate from the legislative and executive
branches and are subject to the same standards as judges on the Supreme Court and High Court. They are
appointed by the Governor. When appointing appointments, the Governor confers with both the Leader of
the Opposition in the State Legislative Assembly and the Chief Justice of the State High Court.
  Lokayukta Qualification and Term of office
The Lokayukta must have judicial training in the states of Uttar Pradesh, Himachal Pradesh, Andhra
Pradesh, Gujarat, and Odisha. But there are no statutory requirements in the states of Bihar, Maharashtra,
or Rajasthan. The Lokayukta’s tenure of office in the majority of states is five years or 70 years old
(Himachal Pradesh), whichever comes first, and they are not eligible for reappointment.
 Lokayukta Jurisdiction
When it comes to the Lokayukta’s jurisdiction, there is no consistency. For instance, in Himachal Pradesh,
Andhra Pradesh, Madhya Pradesh, and Gujarat, the Chief Minister is subject to the Lokayukta’s authority,
but not in Maharashtra, Uttar Pradesh, Rajasthan, or Bihar.
Ministers and higher government officials are subject to the Lokayukta’s jurisdiction in the majority of
states. In Maharashtra, there are also current and former civil servants. The state legislature is the
Lokayukta’s boss. Its yearly report is delivered to the legislature, and the House typically accepts its
recommendations.
 Lokayukta Power
The Lokayukta has the following authority in this situation: supervisory authority, which is the authority to
oversee and direct matters referred for an initial inquiry or investigation; power of search and seizure; in
some circumstances, civil court power; the ability to employ the services of state government employees;
the ability to temporarily seize assets; the ability to formally seize assets; and, in some situations, the ability
to seize assets, revenues, receipts, and benefits obtained through corruption.
Lokayukta has power to recommend a public servant’s transfer or suspension in connection with a
corruption allegation; power to recommend a public servant’s transfer or suspension in connection with a
corruption allegation; power to give instructions to prevent the destruction of records during the preliminary
investigation; and Ability to delegate.
 Lokayukta Criticism
The following recommendations were not followed by the Lokpal and Lokayukta Act of 2013.
Whistleblower protection was among the Jan Lokpal Bill’s main demands. The Act does not cover
whistleblower protection. A unique law will be required for it. There is only one Lokayukta-related section
of the Act, and it requires that states approve the Lokayukta Act within a year.
However, there is no information available regarding their make-up, abilities, or other traits. In actuality,
states have total discretion over the selection, operation, and conditions of their own Lokayuktas. There are
no clauses in the Citizen’s Charter. In order to challenge the Lokayukta, which is unable to conduct its own
investigations, there are insufficient processes.
 JUDICIAL ACCOUNTABILITY IN INDIA
NATURE AND MEANING OF JUDICIAL ACCOUNTABILITY:

 The word ‘accountable’ as defined in the Oxford Dictionary means ‘responsible for your own
decisions or actions and expected to explain them when you are asked’.
 Accountability is the sine qua non of democracy. Transparency facilitates accountability. No public
institution or public functionary is exempt from accountability although the manner of enforcing
accountability may vary depending upon the nature of the office and the functions discharged by
the office holder.
 The judiciary, an essential wing of the State, is also accountable. Judicial accountability, however,
is not on the same plane as the accountability of the executive or the legislature or any other public
institution.
 The independence and impartiality of the judiciary is one of the hallmarks of the democratic
system of the government. Only an impartial and independent judiciary can protect the rights of
the individual and can provide equal justice without fear and favor. The constitution of India
provides many privileges to maintain the independence of judiciary.
 If the Preamble to our Constitution be regarded as the reflection of the aspirations and spirit of the
people, then one thing that even a layman will note is that among the various goals that the
Constitution-makers intended to secure for the citizens, “JUSTICE- Social, Economic &
Political” has been mentioned before the rest.”
 No person, however high, is above the law. No institution is exempt from accountability, including
the judiciary. Accountability of the judiciary in respect of its judicial functions and orders is
vouchsafed by provisions for appeal, reversion and review of orders.
 What is the mechanism for accountability for serious judicial misconduct, for disciplining errant
judges?
 Our Constitution provides for removal of a judge of the Supreme Court or the High Court
for proved misbehaviour or proved incapacity, by what is popularly called the process of
impeachment, whereunder two thirds of the members of each House of Parliament can vote
for the removal of the judge.
 So far, only one impeachment proceeding has been initiated against a Supreme Court judge.
It failed because Congress abstained from voting and consequently two-thirds majority was
not available.

NEED FOR JUDICIAL ACCOUNTABILITY:

 “All power is a trust – that we are accountable for its exercise – that from the people and for the
people, all springs and all must exist”.
 In a ‘democratic republic’ power with accountability of the individual enjoying it, is essential to
avert disaster for any democratic system.
 The accountability must be comprehensive to include not only the politicians, but also the
bureaucrats, judges and everyone invested with power. Power and position in a democracy is
depicted as attendant with responsibility, and every incumbent of a public office must remain
constantly accountable to the people, who are the repository of political sovereignty.
 The judicial system deals with the administration of justice through the agency of courts. Judges
are the human stuff which presides over the courts. They are not merely visible symbols of courts;
they are actually their representatives in flesh and blood.
 The manners in which judges discharge their duties determine the image of courts and the
creditability of judicial system itself. In India from time immemorial judges have been held in high
esteem and revered as super humans but coming across recent incidents in Bihar (like killing of an
under trial in the court itself and lynching a suspected thief to death) depicts that frustrated by the
 failure to get justice, people are slowly losing faith in judiciary and are taking law into their hands.
This is highly deplorable.
 A need definitely is there to make judiciary accountable, as derogation of values in judiciary is far
more dangerous than in any other wing of the government as judiciary has to act as the guardian of
our constitution.
 Judicial accountability and answerability of the judges is not a new concept. Several countries in
their constitutions have already provided for ensuring accountability of judiciary. This to
prevent concentration of power in the hands of a single organ of the state especially in countries
where judicial activism interferes with and invades into the domain of other organs. But at the same
time Judicial independence is a pre- requisite for every judge whose oath of office requires him to
act without fear or favour, affection of ill- will and to uphold the constitution and laws of the
country.

ANALYSIS:

 Judicial accountability is a corollary fact of the independence of the judiciary. Simply put,
accountability means taking responsibilities for your actions and decisions.
 Generally it means being responsible to any external body; some insist accountability to principles
or to oneself rather than to any authority with the power of correction or punishment. Since
accountability is one of the aspect of independence which the constitution provided in Article 235.
 The ‘control’ of the High Court over the subordinate judiciary clearly indicates the provision
of an effective mechanism to enforce accountability.
 Thus entrustment of power over subordinate judiciary to the High Court maintains
independence as it is neither accountable to the executive or the legislature.
 The provision of the difficult process of impeachment is also directed towards this goal. Except for
extreme cases, the absence of any mechanism for the higher judiciary is because the framers of the
constitution thought that ‘settled norms’ and ‘peer pressure’ would act as adequate checks.
However it didn’t happen completely in that manner because the judiciary is neither democratically
accountable to the people nor to the other two organs.
 The Hon’ble Supreme Court rightly asserted that “A single dishonest judge not only dishonours
himself and disgraces his office but jeopardizes the integrity of the entire judicial system.” This
brings us to think that why do we need accountability.
 A campaign issued by the people’s convention on Judicial Accountability and Reforms had
mentioned,
 “The judicial system of the country far from being an instrument for protecting the rights
of the weak and the oppressed has become an instrument of harassment of the common
people of thecountry…. The system remains dysfunctional for the weak and the poor… (and
has been) displaying their elitist bias.”
 Three promotions done by judicial accountability:
1. It promotes the rule of law by deterring conduct that might compromise judicial
independence, integrity and impartiality.
2. It promotes public confidence in judges and judiciary.
3. It promotes institutional responsibility by rendering the judiciary responsive to the needs
of the public it serves as a separate branch of the government.
 The process of accountability facilitates transparency.
 It can be best achieved when one is accountable to law. The existing system of accountability is
failed, and therefore growing corruption is eating away the vitals of this branch of democracy.
 This lack of accountability is criticized by Pt. Nehru in a diatribe,
 “Judges of the Supreme Court sit on ivory towers far removed from ordinary men and know
nothing about them.”
  Judges are awarded the image of demi god’s. After all judges are also humans capable of making
mistakes and committing vices. But what went wrong? The problem in making the judiciary
accountable is discussed below which will help us in understanding the issue and later find solutions
to achieve it.

CONCLUSION:

 In India the judiciary is relied upon by the citizen to solve many of their difficulties and
therefore consistent standards of accountability that give the Indian judiciary this strength
are of utmost importance.
 Lack of judicial accountability reduces the credibility of the judiciary whereas, an accountable
judicial institution can only lead to a stable political atmosphere as well as a far more efficient
system of governance.
 However, it is also acknowledged that judicial accountability if stretched too far can seriously
hamper judicial independence and thus it is essential that we strike the right balance between the
two.
 The final outcome of the above discussions is that the importance of the independence of the
judiciary was long ago realized by the framers of the constitution which has been accepted
by the courts by marking it as one of the basic features of the constitution.
 It is well known that law has to change so as to meet to the expectations of a changing society.
 Similarly judicial independence too has to be seen keeping in mind the changing dimension of
society. Judicial Accountability and Judicial Independence have to work hand in hand
symbiotically to ensure that the real purpose for setting up of the institution of judiciary is
achieved.
 Transparency is facilitated through the process of accountability. It is best achieved when one is
accountable to law. Thus, judicial accountability and judicial independence are two most
important aspects with the help of which the tension between two wings of the government
i.e. legislature and judiciary can be reduced as these two aspects help to facilitate the smooth
functioning of the government and prevents to create judicial autocracy.
 PUBLIC SERVICE DELIVERY

Introduction
Delivery of various public goods and services is one basic responsibility of the State. This includes
important regulatory services for maintaining order in the society by ensuring that adequate norms of public
behavior are established through Acts and Rules, which everyone has to comply with (e.g. maintaining law
and order, administration of justice etc).

 Principles of effective public service delivery: -

o People centeredness: This is the core principle of service delivery, which has a people-first approach
with following element-Listening to people, Modifying services according to needs, Respecting
people and individuals , Responding to complaints , Seeking feed- back and providing improvement.
o Equity: The focus would be on the poor and other disadvantaged groups who would be given the most
favored treatment not only through easy access but also through deliberate outreach.
o Inclusiveness: Not all people can access services in their present status. So the public policy would
provide for conscious reaching to include the marginalised in the spirit of ‘antyodaya’ or ‘unto the
last.
o Responsiveness: The service delivery interface between the citizens and the state has to be made
sensitive to citizen needs.
o Rationality: All decisions of service delivery would be taken on the basis of facts and data.
o Transparency: The whole process would be transparent. The citizens will have the right to know the
standards expected to be achieved, the cost of service, identity of service providers, outputs and
outcomes achieved .
o Accountability: Service providers would be accountable not only to the Government but also to the
citizens
o Grievance redressal: There would be a well-defined system for redressing grievances of those who
are dissatisfied with service delivery.
o Transparency: The citizens will have the right to know the standards expected to be achieved, the
cost of service, the identity of service providers, outputs and the outcomes achieved.
o Good governance and public service delivery are linked to each other. The quality of governance and
public service delivery can affect economic growth through its impact on human capital, poverty, and
inequality. Good governance is a way of measuring how public institutions conduct public affairs and
manage public resources in a preferred way. Sevottam is an assessment - improvement model that has
been developed with the objective of improving the quality of public service delivery in the country.
The model was conceived by the Department of Administrative Reforms & Public Grievances
(DARPG), Ministry of Personnel, Public Grievances, and Pensions in 2006.

 The key components of Sevottam are captured with the following objectives:

o Successful implementation of Citizen’s Charters: It requires opening up a channel for receiving

citizens' inputs into the way in which organizations determine service delivery requirements.
o Service Delivery Preparedness and achievement of Results: This shall include identification of
services rendered, the service delivery process, its control, and delivery requirements.
o Sound Public Grievance Redress Mechanism: This requires a good grievance redress system operating
in a manner that leaves the citizen more satisfied with how the organization responds to
complaints/grievances, irrespective of the final decision.
Conclusion
Efficient public service delivery can be ensured through self-accountability, honesty, and dedication. This
will also ensure the strengthening of good governance. However, for the same public organization need to
have standards, benchmark assessment process and models to rate the services e.g. Sevottam. So that such
initiatives can bring services closer to the people through decentralized governance.

CITIZEN’s CHARTER

 What are Citizen Charters (CC)?

 About: A Citizen Charter is a document which represents a systematic effort to focus on the
commitment of the Organisation towards its Citizens in respects of Standard of Services,
Information, Choice and Consultation, Non-discrimination and Accessibility, Grievance Redress,
Courtesy and Value for Money.
o This also includes expectations of the Organisation from the Citizen for fulfilling the
commitment of the Organisation.
o A CC emphasizes on citizens as customers by ensuring that public services are responsive to
the citizens they serve.
o It comprises of the Vision and Mission Statement of the organization, stating the outcomes
desired and the broad strategy to achieve these goals and outcomes.
o A Citizen’s Charter is not legally enforceable and, therefore, is non-justiciable.
 Origin: The concept was first articulated and implemented in the United Kingdom by
the Conservative Government of John Major in 1991 as a national Programme with a simple aim:
o To continuously improve the quality of public services for the people of the country so that
these services respond to the needs and wishes of the users.
 Nodal Department: The Department of Administrative Reforms and Public Grievances (DARPG)
of the Ministry of Personnel, Public Grievances and Pensions, Government of India, to provide a
more responsive and citizen-friendly governance, coordinates the efforts to formulate and
operationalise Citizens' Charters.
o The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of
their Grievances Bill, 2011 (Citizens Charter) was introduced to create a mechanism to
ensure timely delivery of goods and services to citizens.

 What are the Principles of Service Delivery?

The concept of Citizens' Charter enshrines the trust between the service provider and its users. Six principles
of the Citizens Charter movement as originally framed, were:

 Quality - improving the quality of services

 Choice - for the users wherever possible
 Standards - specifying what to expect within a time frame
 Value - for the taxpayers’ money
 Accountability - of the service provider (individual as well as Organization)
 Transparency - in rules, procedures, schemes and grievance redressal
 Participative- Consult and involve
What About CC in India?

 The DARPG initiated the task of coordinating, formulating and operationalising Citizens' Charters.
o Guidelines for formulating the Charters as well as a list of do's and don'ts are communicated to
various government departments/organisations to enable them to bring out focused and
effective charters.
 The Charters are expected to incorporate the following elements:
o Vision and Mission Statement
o Details of business transacted by the organisation
o Details of clients
o Details of services provided to each client group
o Details of grievance redress mechanism and how to access it
o Expectations from the clients

 What are the Shortcomings of CC in India?

 Devoid of Participative Mechanisms: In a majority of cases, CC is not formulated through a

consultative process with cutting edge staff who will finally implement it.
 Poor Design and Content: There is a lack of meaningful and succinct CC and absence of critical
information that end-users need to hold agencies accountable.
 Lack of Public Awareness: Only a small percentage of end-users are aware of the commitments
made in the CC since effective efforts of communicating and educating the public about the standards
of delivery promise have not been undertaken.
 Charters are Rarely Updated: Making it a one-time exercise, frozen in time.
 No Proper Consultation: End-users, civil society organizations and NGOs are not
consulted when CCs are drafted.
o Since a CC’s primary purpose is to make public service delivery more citizen-centric,
consultation with stakeholders is a must.
 Measurable Standards of Delivery are Rarely Defined: Making it difficult to assess whether the
desired level of service has been achieved or not.
 Lack of Interest: Little interest is shown by the organizations in adhering to their CC since there
is no citizen friendly mechanism to compensate the citizen if the organization defaults.
 Uniformity in CC: Tendency to have a uniform CC for all offices under the parent organization.
CCs have still not been adopted by all Ministries/Departments. This overlooks local issues.
  What Reforms can be Brought to CC to Make Them Effective?

 One Size Does Not Fit All: Formulation of CC should be a decentralized activity with the head office
providing only broad guidelines.
 Wide Consultation Process: CC be formulated after extensive consultations within the organization
followed by a meaningful dialogue with civil society.
 Firm Commitments to be Made: CC must be precise and make firm commitments of service
delivery standards to the citizens/consumers in quantifiable terms wherever possible.
 Redressal Mechanism in Case of Default: Clearly lay down the relief which the organization is
bound to provide if it has defaulted on the promised standards of delivery.
 Periodic Evaluation of CC: Preferably through an external agency.
 Hold Officers Accountable for Results: Fix specific responsibility in cases where there is a default
in adhering to the CC.
 Include Civil Society in the Process: To assist in improvement in the contents of the Charter, its
adherence as well as educating the citizens about the importance of this vital mechanism.

 What Should be the Way Forward?

 A Citizens’ Charter cannot be an end in itself, it is rather a means to an end - a tool to ensure that the
citizen is always at the heart of any service delivery mechanism.
 Drawing from best practice models such as the Sevottam Model (a Service Delivery Excellence
Model) can help CC in becoming more citizen centric.

 Sevottam Model

 Sevottam is a generic framework for achieving excellence in public service delivery. It comprises of
3 modules namely:
o Citizen’s Charter
o Grievance Redressal Mechanism
o Capability Building for Service Delivery
 The first component of the model requires effective charter implementation thereby opening up a
channel for receiving citizens’ inputs into the way in which organizations determine service
delivery requirements.
 The second component of the model, ‘Public Grievance Redress’ requires a good grievance redress
system operating in a manner that leaves the citizen more satisfied with how the organization responds
to complaints/grievances, irrespective of the final decision.
 The third component ‘Excellence in Service Delivery’, postulates that an organization can have an
excellent performance in service delivery only if it is managing the key ingredients for good service
delivery well and building its own capacity to continuously improve delivery.
 UNIT-4

ARTICLE 370

On 5th August 2019, President of India in the exercise of the powers conferred by Clause (1) of Article 370
of the Constitution had issued the Constitution (Application to Jammu and Kashmir) Order, 2019.
Through this, Government of India has made modifications in Article 370 itself (not revoked it).

With this, the Government of India has dramatically altered the relationship between the state of Jammu
and Kashmir and the Indian Union.

Background

 On October 17, 1949, Article 370 was added to the Indian constitution, as a 'temporary provision',
which exempted Jammu & Kashmir, permitting it to draft its own Constitution and restricting the
Indian Parliament's legislative powers in the state.
o It was introduced into the draft constitution by N Gopalaswami Ayyangar as Article 306 A.
 Under Article 370: The Constituent Assembly of Jammu & Kashmir was empowered to recommend
which articles of the Indian Constitution should apply to the state,
o The J&K Constituent Assembly was dissolved after it drafted the state's constitution. Clause 3
of the article 370 gives the President of India the power to amend its provisions and scope.
 Article 35A stems from Article 370 and was introduced through a Presidential Order in 1954, on the
recommendation of the J&K Constituent Assembly.
o Article 35A empowers the Jammu & Kashmir legislature to define the permanent residents
of the state, and their special rights and privileges.
o It appears in Appendix I of the Constitution.
Key Changes

 The Constitution (Application to Jammu and Kashmir) Order, 2019 has replaced Presidential
Order of 1954.
 Subsequently, the Jammu and Kashmir Reorganisation Bill, 2019, passed by Parliament divides
the state of Jammu and Kashmir into two new Union Territories (UTs): Jammu & Kashmir,
and Ladakh.
o This is the first time that a state has been converted into a UT.
o Of the six Lok Sabha seats currently with the state of Jammu and Kashmir, five will remain
with the union territory of Jammu and Kashmir, while one will be allotted to Ladakh.
o The UT of Jammu and Kashmir will have an Assembly, like in Delhi and Puducherry.
o Instead of 29, India will now have 28 states. Kashmir will no longer have a Governor, rather a
Lieutenant Governor like in Delhi or Puducherry.
 Status of J&K Union Territory
o J&K Assembly will have a five-year term, not six, as was the earlier case.
 o Section 32 of the J&K 2019 Bill proposes that the Assembly can make laws on any subjects
in the State and Concurrent lists except on state subjects relating to “public order” and
“police”.

 This is similar to Article 239 A of the Constitution that is applicable to Union Territories
of Puducherry and Delhi.
 However, by insertion of Article 239AA and by virtue of the 69th Constitutional
Amendment, the Delhi Assembly cannot legislate on matters in entry 18 of the State
List, i.e. land.
 In the case of J&K, the Assembly can make laws on land.
 The special status provided to J&K under Article 370 will be abolished.

o Jammu & Kashmir will no longer have the separate constitution, flag or anthem.
o The citizens of Jammu and Kashmir will not have dual citizenship.
o As the new union territory of Jammu and Kashmir will be subject to the Indian Constitution, its
citizens will now have the Fundamental Rights enshrined in the Indian constitution.
o Article 360, which can be used to declare a Financial Emergency, will now also be
applicable.
o All laws passed by Parliament will be applicable in Jammu and Kashmir, including the Right
to Information Act and the Right to Education Act.
o The Indian Penal Code will replace the Ranbir Penal Code of Jammu and Kashmir.
o Article 35A, which originates from the provisions of Article 370 stands null and void.

 Since Presidential Order has extended all provisions of the Constitution to Jammu and
Kashmir, including the chapter on Fundamental Rights, the discriminatory provisions
under Article 35A will now be unconstitutional.
The Need for Changes

 Article 370 was added in the Indian constitution to provide autonomy to J&K.
o However, it failed to address the well-being of Kashmiris who have now endured two
generations of insurgency and violence.
o It contributed to the gap between Kashmir and the rest of the nation.
 International events
o The situation emerging in the western neighbourhood and the possible re-ascendance of the
Taliban in Afghanistan call for greater attention and care.
o More so, the emerging geopolitical dynamics in Afghanistan and the resultant United States-
Pakistan rapprochement could have potentially led to more heat on the Kashmir situation in
the months ahead.
Challenges

 Constitutional challenges
o Presidential order that sought to abrogate of Jammu and Kashmir’s special status, according to
Article 370 (3) the President would require the recommendation of the constituent assembly
of Jammu and Kashmir to make such a change.
o However, the 2019 Presidential order adds a sub-clause to Article 367, replacing the terms:

 “Constituent Assembly of Jammu and Kashmir” to mean “legislative Assembly of

Jammu and Kashmir”.
 “Government of Jammu and Kashmir” to mean “Governor of Jammu and Kashmir
acting on the aid and advice of the council of ministers”.
o The government sought to dilute the autonomy under Article 370 without bringing a
Constitutional Amendment that would require a two-thirds majority in the Parliament.

 This provision is currently under challenge in the Supreme Court on the ground
that it added article 35A in the Indian Constitution only through a Presidential
Order.
 Conversion of Jammu and Kashmir into a Union Territory is in violation of Article 3, as the Bill
was not referred to the President by the State Assembly.
o In the reorganisation of the state, the Presidential order also requires the concurrence of the
government of the state. However, since Jammu & Kashmir is currently under Governor’s
rule, the Governor’s concurrence is deemed to be the government’s concurrence.
 Federalism issue:
o The Instrument of Accession was like a treaty between two sovereign countries that had
decided to work together.
 The maxim of pacta sunt servanda in international law, which governs contracts or
treaties between states, asks that promises must be honoured.
o In Santosh Kumar v. State of J&K & ors (2017), the SC said that due to historical reasons,
Jammu and Kashmir had a special status.
o In SBI v Zaffar Ullah Nehru (2016), the SC held that Article 370 cannot be repealed without
the concurrence of the Constituent Assembly of Jammu and Kashmir.
Possible Consequences

 Rise in Militancy: Article 370 was seen by Kashmiris as a marker of their separate identity and
autonomy.
o There is a possibility of widespread protests and violence as a reaction to the dilution of
Article 370.
o Terror elements in Pakistan would find Kashmir to be the most fertile ground for breeding
terrorism.
o The unrest can affect the democratic progress that has been made so far.
 Out-maneuvering Pakistan: Pakistan used 370 to wage a proxy war, internationalise Kashmir,
supporting terrorism, all that is gone now.
Way Forward

 A 10-year strategy for education, employment and employability should be deployed for uplifting
Kashmir.
 The Gandhian path of non-violence and peace should be adopted to solve the legitimacy crisis in
Kashmir.
 The government can mitigate the challenges emanating out of Action on article 370 by launching a
comprehensive outreach programme to all Kashmiris.
 In this context, Atal Bihari Vajpayee's version of Kashmiriyat, Insaniyat, Jamhooriyat
(inclusivity culture of Kashmir, humanitarianism and democracy) for Kashmir solution, should
become a cornerstone of the forces of reconciliation in the State.
 ADMINISTRATION OF TRIBAL AREAS

 The 6th Schedule of the constitution deals with the administration of the Tribal Areas of Assam,
Meghalaya, Tripura, and Mizoram.
 It has divided the land into 04 parts and 10 areas (originally consisting of 02 parts only but later
amended).
 Part-I (in Assam)
 The North Cachar Hills District
 The Karbi Anglong District
 The Bodoland Territorial Areas District
 Part-II (in Meghalaya)
 The Khasi Hills District
 The Jaintia Hills District
 The Garo Hills District
 Part-IIA (in Tripura)
 Tripura Tribal Areas District
 Part-III (in Mizoram)
 The Chakma District
 The Mara District
 The Lai District
 These tribal areas are to be administered as autonomous districts but these autonomous districts are
not outside the executive authority of the concerned state.
 The organization and reorganization of the autonomous district can be done by the Governor of the
state concerned including increasing or decreasing the area and changing the boundary lines.
 In the case of different tribes in an autonomous district, the governor is authorized to divide the
district into several autonomous regions.
 To exercise legislative and judicial functions in such areas, there are provisions for the creation of
District Councils and Regional Councils.
 The district council consists of 30 members out of which 4 are nominated by the governor and the
rest are elected on the basis of adult franchise.
 Elected member of the district council holds office for 5 years and nominated enjoys the pleasure of
the governor.
 Councils hold the law-making power in certain domains such as management of forests other than
reserve forests, marriage and social customs, inheritance of property, etc.
 The Governor of the state can provide power to the councils to try certain suits or offenses.
 Councils are empowered to impose certain specified taxes and can collect land revenue.
 The Governor must approve the law made by the council of the State.
 On the matters over which the council is empowered to make law, the law of state legislature over
such topics can not be extended to such areas without the approval of councils.
 With regard to other matters, President with respect to the central act, and Governor with respect to
the state act may direct that an act of parliament or state legislature shall not extend or shall be
extended with reasonable exceptions to any autonomous district.
 Exception: In the case of Assam, the power of direction with respect to acts of parliament
and acts of state legislature lies with Governor. In the case of Meghalaya, Tripura, and
Mizoram, power lies with President in respect of acts of Parliament and with the Governor in
respect of acts of the legislature of the state.
Why Scheduled Areas and Tribal Areas are treated differently than other areas of the country?
Scheduled areas are inhabited by people who are socially and economically backward. Though they
constitute a part of the country, it is the responsibility of the government to make special efforts needed to
improve their condition. That is why the normal administration system running across the country may not
be suitable for these areas as it requires special attention and effort and that is why the government has
greater responsibility for these areas.

In a similar way, the Tribes of Assam, Meghalaya, Tripura, and Mizoram have not absorbed the way of life
of the other people of the state with time. Somehow, the tribal areas of other states have adopted the culture
of other people more or less but tribes from such northeastern states stand connected to their own traditions,
culture, and custom. That is why such areas are treated differently and our constitution has provided
sufficient provisions to provide them a sizable amount of autonomy to practice their own way of life without
hurting the unity of the country.
 NITI AYOG

NITI Aayog was established on 1st Jan 2015. The headquarters of NITI Aayog is in New Delhi and was
established by the Indian government. Before NITI Aayog, there was a Planning Commission formed on
15 March 1950.

The Planning Commission was non-constitutional. This commission had two major functions: first, to
formulate five-year plans, and second, to distribute money to states and ministries. The first 5-year plan
was formulated for 1951-56, and the final five-year plan was formulated for 2012-17. When the Narendra
Modi government came into power, it abolished the Planning Commission, replacing it with NITI Aayog.

India has had, so far, a total of 12 five-year plans. They were all given by the Planning Commission, and
then the Planning Commission was discontinued and replaced with NITI Aayog. The difference between
the Planning Commission and the NITI Aayog is that there are no five-year plans and no allocation of funds
to states and ministries by NITI Aayog. So, NITI Aayog performs its functions in quite a different manner
from the Planning Commission.

NITI Aayog is short for the National Institution for Transforming India. NITI Aayog is often referred to as
a think tank. It advises the government on different issues. There are many issues that the country faces in
the defense sector, in health education, in recrafting our education policy. The Planning Commission
follows a top-down approach, whereas NITI Aayog follows a bottom-down approach.

Objectives NITI Aayog:

The objectives of the NITI Aayog are as follows:

 Shared vision: The implementation of strategies needs the participation of both central and state
governments for the national development of sectors. Through this, they can create a shared vision for the
development of communities
 Cooperative federalism: Cooperative federalism is a state government, central government, and local
government that stands shoulder to shoulder to achieve a common aim. NITI Aayog has a multidirectional
flow of policies that is from central to state, state to central, and between ministries, etc
 Credible Planning: In NITI Aayog, they do credible planning for the development of villages where the
nation’s heart lies
 Weaker sections: It focuses on areas that are specially referred to as national security areas. So, it also pays
special attention to vulnerable sections of our society, i.e., women, children, etc
 Strategies and long-term policies: It makes strategies and policies for more than five years because it makes
plans to achieve the objective, which can be achieved through a long-term process
 Innovation: NITI Aayog gives more importance to the innovation sector for creating knowledge. It gives
entrepreneurial support by collaborating with communities of national and international experts and other
partners
 Offer platforms: It offers a platform for the determination of inter-sectoral and inter-departmental issues for
the implementation of the planned objective
 Technology up-gradation: It focuses on technology upgrading and capacity building to smoothly implement
the planned programs

Composition of NITI Aayog:

The composition of the NITI Aayog is as follows:

- CHAIRMAN
- VICE-CHAIRMAN
- CEO
- TIME PERIOD (All are full-time members of the NITI Aayog)
- EX OFFICIAL MEMBERS- Maximum four (4)
- PART-TIME MEMBERS- Maximum two (2)
- GOVERNING COUNCIL- Consists of all chief ministers, Left-hand Governor of union territories
- SPECIALIST MEMBERS- From different departments like defense, education, medical, etc.

Achievement of NITI Aayog:

Compared to the Planning Commission, which was 64 years old when it was replaced by NITI Aayog, the
NITI Aayog has made many achievements within fewer years. Some of their achievements are listed below:

 On innovation and entrepreneurship: NITI Aayog gives more of its focus on innovation. Only entrepreneurs
are the real innovators in the market. So, they give more of their support to entrepreneurial services by
collaborating with national and international experts
 On cooperative federalism: It collaborates with the states as teamwork to work towards the national
development agenda. It acts as a quintessential platform for the government of India
 On agricultural development: The first decision taken in the first meeting of the governing council of NITI
Aayog held on 8 February 2015 was a task force on agricultural development. Food is the very first
necessity of every person. So, the primary focus of NITI Aayog was on agricultural development
 Digitalization movement: Technology is changing day by day. To cope with the changing technology, it
needs to adapt to changes with the changing technologies. It is called a digitalized movement in the faculty
of rising digital India
 Increase in FDI: The creation of jobs and an increase in productive capacity, which can be directly measured
in aggregate supply, is called an increase in FDI. NITI Aayog is also investing in foreign goods to increase
its share in foreign currency, which increases the liquid capacity of the Indian currency

Seven Pillars of NITI Aayog:

1. Pro–people: This pillar explains that it fulfills the aspirations of society as well as individuals. It had been
taken into consideration while planning for society.
2. Proactivity: It focuses more on forecasting and responding to citizens’ needs than other things.
3. Participation: NITI Aayog is made for the democratic country of India, which gives democratic rights to
every citizen so that the participation of every citizen is taken while preparing for any strategy.
4. Empowering: It gives respect to women also. It is empowering to men and women both in all its aspects.
5. Inclusion of all: It does not differentiate between people due to their caste and creed. It gives the same
respect to all people irrespective of caste, creed, and gender.
6. Equality: NITI Aayog is established on equality. It gives everyone an opportunity, especially our youth,
due to their innovative mindset.
7. Transparency: Transparency makes the government visible and responsive. So, NITI Aayog is fully
transparent and has shown all its work.

Conclusion

NITI Aayog facilitates and empowers the critical requirements of good governance. It contains seven pillars
that show that it takes into consideration the aspirations of society and individuals both. It gives a chance
to every citizen to participate and collaborate with each process of NITI Aayog. Its work is transparent,
which shows that the government is more visible and responsive. It provides critical directions and strategic
input to the development process. It gives more focus on delivery, outcome, and accountability.
The Inter-State River Water Disputes are one of the most contiguous issues in the Indian federalism today.
In extreme cases, it may hamper the relationship between the different states. The recent cases of the
Cauvery Water Dispute and the Satluj Yamuna Link Canal case are examples.
Inter-State River Water Disputes in India: Is it time for a new mechanism rather than tribunals?

The Inter-State River Water Disputes are one of the most contiguous issues in the Indian federalism today.
In extreme cases, it may hamper the relationship between the different states. The recent cases of the
Cauvery Water Dispute and the Satluj Yamuna Link Canal case are examples.

Various Inter-State Water Disputes Tribunals have been constituted so far, but it had its own problems. In
this article, we analyze whether it’s time for a new mechanism.

Water in the Constitution of India

Water is a State subject as per entry 17 of State List and thus states are empowered to enact legislation on
water.

1. Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments,
water storage and water power.
2. Entry 56 of Union List gives power to the Union Government for the regulation and development
of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the
public interest.

Article 262 of the Indian Constitution:

Constituent Assembly anticipated the emergence of water disputes in future. A specific provision of Article
262 is mentioned in the constitution itself due to the sensitivity of such disputes.

In the case of disputes relating to waters, Article 262 provides:

 Parliament may by law provide for the adjudication of any dispute or complaint with respect to
the use, distribution or control of the waters of, or in, any inter-State river or river valley.
 Notwithstanding anything in this Constitution, Parliament may, by law provide that neither the
Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or
complaint.

Parliament has enacted two laws according to Article 262:

1) River Board Act, 1956

The purpose of this Act was to enable the Union Government to create Boards for Interstate Rivers and
river valleys in consultation with State Governments. The objective of Boards is to advise on the inter-state
basin to prepare development scheme and to prevent the emergence of conflicts.
Note: Till date, no river board as per above Act has been created.

2) Inter-State Water Dispute Act, 1956

Provisions of the Act: In case, if a particular state or states approach to Union Government for the
constitution of the tribunal:

1. Central Government should try to resolve the matter by consultation among the aggrieved states.
2. In case, if it does not work, then it may constitute the tribunal.

Note: Supreme Court shall not question the Award or formula given by tribunal but it can question the
working of the tribunal.

The composition of the River Water Tribunal: Tribunal is constituted by the Chief Justice of India and
it consists of the sitting judge of Supreme Court and the other two judges who can be from Supreme Court
or High Court.

The Present Mechanism to resolve the inter-state river water disputes in India
Thus it can be seen that – the resolution of water dispute is governed by the Inter-State Water Disputes Act,
1956. According to its provisions, a state government can approach the Centre to refer the dispute to a
tribunal, whose decision is considered final.

Active River Water sharing Tribunals in India

1. Krishna Water Disputes Tribunal II (2004) – Karnataka, Telengana,Andra Pradesh, Maharashtra

2. Mahanadi Water Disputes Tribunal (2018) – Odisha& Chattisgarh
3. Mahadayi Water Disputes Tribunal (2010)- Goa,Karnataka, Maharashtra
4. Ravi& Beas Water Tribunal (1986)- Punjab, Haryana,Rajasthan
5. Vansdhara Water Disputes Tribunal (2010)- Andra Pradesh & Odisha.

Inter-State Water Dispute Act, 1956: Extra Ordinary Delays in the execution and implementation

 Many times there have been extraordinary delays in constituting the tribunal. For example, in the
case of Godavari water dispute, the request was made in 1962. The tribunal was constituted in
1968 and the award was given in 1979 which was published in the Gazette in 1980.
 Similarly, in Cauvery Water Dispute, Tamil Nadu Government requested to constitute the tribunal
in 1970. Only after the intervention of Supreme Court, the tribunal was constituted in 1990.
 Due to delay in constituting the tribunal, state governments continued to invest resources in the
construction and modification of dams, thus strengthening their claims.

Solution: Amendments to the Act in 2002

 In 2002, an Amendment was made in the Act by which the tribunal has to be constituted within a
year of getting the request.
  It has also been mandated that the tribunal should give the award within 3 years. In certain situations,
two more years can be given. Thus the maximum time period was 5 years within which the tribunal
should give the award.
 Tribunal award is not immediately implemented. Concerned parties may seek clarification within 3
months of the award.
 It has also been clarified that the Tribunal Awards will have the same force as the order or decree of
Supreme Court. The award is final and beyond the jurisdiction of Supreme Court.

But still, there were issues…

 Though Award is final and beyond the jurisdiction of Courts, either States approach Supreme Court
under Article 136 (Special Leave Petition) or private persons approach Supreme Court under Article
32 linking issue with the violation of Article 21 (Right to Life).
 The composition of the tribunal is not multidisciplinary and it consists of persons only from the
judiciary. Thus there is not much difference in tribunal and Supreme Court Bench.
 Tribunals work gets delayed due to the lack of availability of the data.

 The government has introduced this Bill in the present session of the Lok Sabha seeking to speed up
the interstate water dispute resolution.
 The centre is to set up Dispute Resolution Committee having experts from the different fields in
case of water disputes. The Committee will try to resolve the dispute within 1 year. The tribunal will
be approached only when this committee fails to settle the dispute.
 According to this Bill, a Single Permanent Tribunal is to be set up which will have multiple
benches.
 The Bill calls for the transparent data collection system at the national level for each river basin and
a single agency to maintain data bank and information system.

The Case Studies of recent Inter-State River Water Disputes in the news

1) Cauvery Water Dispute

Cauvery is an inter‐State basin having its origin Karnataka and flowing through Tamil Nadu and Puducherry
before out falling in the Bay of Bengal. The states concerned are Kerala, Karnataka, Tamil Nadu and
Puducherry (UT).

 In 1892, there was an agreement between the princely state of Mysore and British province of
Madras.
 In 1924, a new agreement for 50 years i.e. till 1974.
 In 1970, Tamil Nadu Government approached to Central Government to constitute the tribunal and
also in the same year Tamil Nadu Farmers Association filed a civil suit in Supreme Court.
 In 1986, Tamil Nadu again made a formal request to constitute the tribunal.
 In 1990, the tribunal was set up on the directions of Supreme Court.

 The Cauvery Water Disputes Tribunal passed an Interim order in 1991 directing the State of
Karnataka to release Water from its reservoirs in Karnataka so as to ensure 205 Thousand Million
Cubic Feet (TMC) of water into Mettur reservoir of Tamil Nadu in a water year (1st June to 31st
May) with monthly and weekly stipulations. Karnataka government refused to obey the interim
award.
  After 16 years of hearing and an interim order, the Tribunal announced its final order in 2007
allocating 419 tmcft water to Tamil Nadu and 270 tmcft to Karnataka. Kerala was given 30 tmcft
and Puducherry got 7 tmc ft. Both Karnataka and Tamil Nadu filed review petitions in Supreme
Court.
 Karnataka has not accepted the order and refused to release the water to Tamil Nadu. In 2013,
Contempt of Court was issued against Karnataka.
 In 2016, a petition was filed in Supreme Court to seeking the release of water by Karnataka as per
the guidelines of the tribunal. When Supreme Court ordered Karnataka to release water, Kannada
people protested the decision saying they do not have enough water.
 The matter is still sub judice (under judicial consideration).

2) Satluj Yamuna Link Canal Issue

 The issue links to the dispute between Punjab and Haryana after the formation of the Haryana in
1966. The parties involved are Punjab, Haryana, and Rajasthan.
 To enable Haryana to use its share of the waters of the Satluj and Beas, a canal linking the Satluj
with the Yamuna was planned and in 1982 its construction was started.
 Due to the protest by Punjab, the tribunal was set up in 1986 which gave an award in 1987
recommending Punjab’s share as 5 Million Acre Feet (MAF) of water and Haryana’s as 3.83 MAF.
 Punjab contested the award and held that the tribunal overestimated the availability of the water.
Haryana approached Supreme Court for the construction of the SYL canal in 2002. Supreme Court
directed Punjab to complete the construction of canal within 12 months.
 In July 2004, Punjab Assembly passed Punjab Termination of Agreements Act scrapping water-
sharing agreements with other states and thus jeopardising the construction of the canal. This Act
has been declared unconstitutional by the Supreme Court in 2016 under President Advice (Article
143). In response, Punjab Assembly passed the Act according to which the land acquired for the
canal would be denotified and returned to the original owners.
 Supreme Court has directed both Punjab and Haryana to maintain status quo in the Sutlej Yamuna
Link canal controversy.
 In the recent hearing, Centre has offered as a mediator to both Punjab and Haryana.

Inter-State River Water Disputes: The Conclusion

India has 2.4% of the World’s land, 18% of the world population but only 4% of the renewable water
resource. If sufficient steps are not taken, the uneven water distribution will increase the possibility of water
conflicts.

Inter-state river water disputes hinder the cooperative federalism of our nation and provide parochial
mindset making regional issues superior to national issues. One should realise that our nation is a family in
which all states are its members.

So disputes must be resolved by dialogue and talks and the political opportunism must be avoided. The
issue can be resolved by discussing the dispute in Inter-State Council which can be beneficial in providing
a platform for the talks. Such disputes must be resolved as early as possible to ensure greater cooperation
between the states.
 NATIONAL DEVELOPMENT COUNCIL

The National Development Council (NDC) is crucial in India's policy-making framework. It was
established in 1952 as a platform for cooperation and coordination between the central and state
governments. The NDC formulates policies for various sectors, such as agriculture, industry, and
infrastructure. It aims to promote balanced economic development in the country. The Prime Minister of
India chairs the Council.

The NDC is a forum for the exchange of ideas and for building consensus on key development issues. It
plays a crucial role in India's economic and social development. It reflects the country's commitment to
inclusive growth and sustainable development.

What is the National Development Council?

The National Development Council (NDC) or Rashtriya Vikas Parishad functions as the highest authority
for decision-making and discussions concerning development matters in India, chaired by the Prime
Minister. It was established on August 6, 1952, with the aim of consolidating and mobilizing the nation's
efforts and resources to support the Five Year Plans outlined by the Planning Commission. Its objectives
include promoting consistent economic policies across key areas and ensuring balanced and swift
development in all regions of the country. The Council consists of the Prime Minister, Union Cabinet
Ministers, Chief Ministers of all States or their representatives, Union Territory representatives, and
members of the NITI Aayog (formerly known as the Planning Commission).

History of NDC

 The National Development Council (NDC) is India’s apex authority for approving five-year plans.
 National Development Council was set up in August 6, 1952.
 The Prime Minister presides over the National Development Council.
 The National Development Council (NDC) is headquartered in New Delhi.
 The first five-year plan was only adopted without the National Development Council’s approval.
 Jawaharlal Nehru presided over the NDC’s first meeting in November 1952.

Establishment of National Development Council

The National Development Council (NDC) is pivotal in India's planning system, reflecting a federal
planning approach and ensuring a holistic national outlook. NDC's journey has witnessed fluctuations
shaped by political dynamics, central government support, state pressure, and effectiveness.

Amid challenges spanning six decades, NDC has maintained its presence in the highest policy framework.
The notion of an advisory body with provincial, princely state, and stakeholder representation was
introduced by the Planning Advisory Board under KC Neogi in 1946. Although pre-independence
implementation didn't occur, the idea's significance was acknowledged.

Perceiving the potential advantages, the Planning Commission stressed the NDC's importance in the Draft
First Five Year Plan. Given India's vastness and states' constitutional autonomy, establishing a body for
periodic planning evaluations by the Prime Minister and Chief Ministers was deemed vital. Consequently,
the NDC emerged in August 1952 following a Cabinet Secretariat proposal by the Government of India.
Structure and Appointment of NDC

The Prime Minister, the Chief Ministers of States, and members of the Planning Commission(now NITI
Aayog) are part of the National Development Council.

 The NDC members are as follows:

o The Prime Minister of India (who serves as its Chairman/Head).
o The Union Cabinet
o All state’s chief ministers.
o All Union Territories’ chief ministers and administrators.
o The members of the NITI Aayog

Objectives of National Development Council

The NDC was formed with the following goals in mind:

 To create a nation free of exploitation and poverty

 To achieve equality, decent governance, rights, and a welcoming environment.
 To reduce violence against women while advocating for human rights, fair governance, and
gender equality.
 To strengthen civil society, CBO, and UP capacities in local-level planning and management.
 Providing standard and extensive quality services wins organizational sustainability.
 To ensure state collaboration in carrying out the Plan.
 To strengthen and mobilize the nation’s efforts and resources to support the Plan.
 To support unified economic policies in all domains of government.
 To ensure the balanced and speedy growth of the entire country.
 To provide underprivileged and troubled women with advocacy and legal assistance.

Function And Mandates of National Development Council

The NDC can take on practically any national development issue. According to the Government of India
resolution, the functions of national development council are as follows:

 To define criteria for forming the National Plan, including the appraisal of Plan resources.
 To take into account the Planning Commission’s national plan
 Consider major social and economic policy issues affecting country growth.
 To conduct periodic reviews of the Plan’s operation and recommend steps necessary to
achieve the purposes and targets outlined in the National Plan.
 To consider important issues of social and economic policy affecting national development.
 To improve the efficiency of administrative services and ensure the fullest development of
less developed regions and sectors.

Powers and Authority of NDC

 The NDC’s choices have been like policy formulation. It would not be an exaggeration to
describe it as the country’s highest policy-making body.
 Even though the NDC is a non-statutory advisory body that offers recommendations to the
Central and State governments, the Council’s status ensures that these recommendations
have the prestige of mandates, which are routinely followed and obeyed.
  The NDC is mandated to convene at least twice a year. However, it has met more frequently
in the past.
 The agenda for NDC meetings typically includes the approach paper to the Five Year Plan,
the draft Five Year Plan, and the final Five Year Plan.
 Other issues are added to the agenda if the central or state governments raise them.

What is the New Role of NDC?

Here are the points on the new role of NDC:

 NITI Aayog was established in 2015 to replace the Planning Commission. The NDC has been
given a new role in the form of the Governing Council of the NITI Aayog.
 The NDC now serves as a platform for cooperative federalism in India. It brings together the
PM, CMs of all states and UTs, and other senior officials to discuss and coordinate national
development priorities.
 Its key functions include:
o identifying key policy priorities and goals,
o reviewing and monitoring the progress of ongoing schemes and programs, and
o Providing guidance and recommendations on policy and development-related issues.
 The NDC also plays a critical role in ensuring key government schemes and initiatives are
effectively implemented.
 The new role of the NDC is seen as a step towards strengthening the federal structure of the
country.
o It promotes greater collaboration between the central and state governments.
o It also ensures a more inclusive and participatory approach to national development.

National Development Council and Planning Commission

The NDC was established in 1952. It serves as the apex body for decision-making and policy guidance on
development issues in India. It comprises the PM, Union Cabinet Ministers, and CMs of all states and union
territories. The NDC sets the goals and targets for the country's socio-economic development. It approves
Five-Year Plans, annual plans, and specific development projects. It provides a forum for coordination and
cooperation between the central government and states.

The Planning Commission was also established in 1950. It formulated and oversaw India's Five-Year Plans
and coordinated development policies between states. The Planning Commission was replaced by NITI
Aayog in 2015. The Planning Commission was responsible for allocating resources and finances for
development projects.

National Development Council – Departments under the Council

The NDC is composed of representatives from the central and state governments. It is the apex body for
decision-making and deliberations on development matters in India. The following departments come under
the purview of the National Development Council:

 Department of Overall Planning,

 Department of Economic Development,
 Department of Social Development,
 Department of Industrial Development,
 Department of Human Resources Development,
  Department of National Spatial Planning and Development,
 Department of Supervision and Evaluation,
 Department of Regulatory Reform,
 Civil Service Ethics Office,
 Information Management Office,
 Liaison Center for Legislature and Media Affairs, and so on.

These departments work towards achieving the objectives set forth by the NDC.

Conclusion

The National Development Council serves a unique function in our federal democracy. It is the highest-
level body for deliberating and making decisions on development-related topics. The NDC is crucial since
the Prime Minister chairs it, and all of the State’s Chief Ministers attend its sessions. It is a mechanism for
ensuring the planning system adopts a national perspective. The cooperation of states ensures that programs
are carried out efficiently. The engagement of the States in the planning process ensures that the Central
and State Governments’ goals are met. Although the NDC is ostensibly a consultative institution, in
practice, it adopts five-year plans and makes recommendations for their development.