Weekly Mains Exam 2016 Answer Writing Challenge- Public
The main idea behind Weekly Answer Writing Challenges is to
make your exam preparation more result oriented. For this exam (UPSC Civil
Services), just ‘reading’ is not enough. The most advantageous part of this
writing exercise is to make your answer visible to everyone, someone may correct
you if they find a mistake in your answer plus it must be also supported by our
experts , you may see others answers also. It is free and definitely will
improve your writing ability and marks in your final examination. Here all
topics from syllabus will be covered.
Public Administration- Paper I "Syllabus Topic – Administrative Thought :
Weber's bureaucratic model – its critique and post-Weberian Developments"
Indian Administration- Paper II "Syllabus Topic –Significant Issues in
Indian Administration : Values in public service, Regulatory Commissions"
- Q2. "With the Creation of new regulatory
agencies in the wake of liberalisation , overlapping jurisdictions and
conflicts become the new trend. Is there need for the creation of a Super -
regulator or unified regulator ?"
Liberalisation has brought rapid economic and social
development in India .The fast paced modernisation is accompanied by various
challenges in a number of sectors such as finance ,infrastructure, environment
,oil and gas to name a few.
The creation of sector –specific independent regulators comes
in wake of tendency to address sector specific challenges and to ensure best
interest of consumers. However the conflicts between these independent
regulators mostly due to overlapping jurisdiction have been in recent news.
1. Recent conflict between RBI and Competition Commission of
India over merging failing banks with banks registering growth.The former
considered the step in best interest of nation’s financial health while later
opposed the move on ground of violation of principles of competition.
2. Conflict between Competition Commission of India and
Central Electricity commission board over the’ abuse of dominance’.The
Electricity act 2003 states that an ‘appropriate commission’can issue direction
to a generating company if it abuses its dominant position or is part of a group
likely to harm competition in the sector.Both the regulators disagreed over
which is the ‘appropriate commission’.
3. Recently Delhi High Court stayed the CCI proceedings
against three state Oil Marketing Companies on anti competitive behaviour in
fixing the oil prices.The companies contended that CCI does not have
jurisdiction over the issue as the Petroleum and Natural gas regulatory board is
the regulatory of their sector.
4. Recent spat between Ministry of environment and forest and
National Green Tribunal over granting green clearance is another example of
conflict over jurisdiction.
The procedural and jurisdictional ambiguities among different
regulators have enabled stakeholders to search for the regulator which can best
suit its interest,defying the whole idea of regulation.
The Planning Commission in its Draft Regulatory Reform Bill
has sought creation of an enabling legislation which will monitor the working of
sectoral regulators,maintain convergence in their functioning ,make them
accountable and at the same time maintains their independence, at times referred
to as ‘Super Regulator’
Regulatory convergence is necessary to avoid biases due to
interpretation ,jurisdiction and ambiguity.The Regulatory reform framework
should ensure independent and accountable functioning of each sectoral regulator
alongwith addressing legislative ambiguity so that efficiency rather than delays
are brought into economic activities.
The best way to gauge regulatory convergence is to see if
consumers’ interests are protected through better prices and quality, with wider
choices, and if the producers remain efficient and innovative. A super regulator
remains still as an idea as several regulatory acts have to be substantially
amended for its implementation.
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