Current Public Administration Magazine (DECEMBER 2023)
Sample Material of Current Public Administration Magazine
(DECEMBER 2023)
1.Accountability & Responsibility
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Rule of Law in India
The rule of law is a principle that states that the law is supreme and no person or authority is above the law. The rule of law also implies that the law is equal, fair, and predictable, and that it protects the rights and freedoms of the people.
The rule of law is not explicitly defined in the Indian Constitution, but it is implied by various provisions and principles that form the basic structure of the Constitution. Some of these are:
- • The Preamble, which declares India to be a sovereign, socialist, secular, and democratic republic, and enshrines the ideals of justice, liberty, equality, and fraternity.
- • Article 14, which guarantees equality before the law and equal protection of the laws to all persons within the territory of India.
- • Article 21, which protects the right to life and personal liberty of every person, and states that no person shall be deprived of these rights except according to the procedure established by law.
- • Article 32, which empowers the Supreme Court to issue writs for the enforcement of the fundamental rights of the citizens.
- • Article 50, which directs the state to separate the judiciary from the executive in the public services of the state.
- • Article 51A, which imposes a duty on every citizen to abide by the Constitution and respect its ideals and institutions.
The rule of law in India is also upheld by the judiciary, which acts as the guardian and interpreter of the Constitution, and checks and balances the executive and the legislature. The judiciary has the power of judicial review, which enables it to strike down any law or action that violates the Constitution or the rule of law. The judiciary has also evolved various doctrines and principles, such as the basic structure doctrine, the due process of law, the doctrine of proportionality, the doctrine of legitimate expectation, etc., to protect and promote the rule of law in India.
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2. Indian Government and Politics
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Constitutional Supremacy in India
Constitutional supremacy is the principle that the Constitution is the supreme law of the land and that all the organs and institutions of the state, as well as the citizens, must uphold and respect it. Constitutional supremacy also implies that the Constitution is the source and limit of all the powers and functions of the state, and that any law or action that violates the Constitution can be declared invalid by the judiciary.
Constitutional supremacy in India is not explicitly defined in the Indian Constitution, but it is implied by various provisions and principles that form the basic structure of the Constitution. Some of these are:
- • The Preamble, which declares India to be a sovereign, socialist, secular, and democratic republic, and enshrines the ideals of justice, liberty, equality, and fraternity.
- • Article 14, which guarantees equality before the law and equal protection of the laws to all persons within the territory of India.
- • Article 21, which protects the right to life and personal liberty of every person, and states that no person shall be deprived of these rights except according to the procedure established by law.
- • Article 32, which empowers the Supreme Court to issue writs for the enforcement of the fundamental rights of the citizens.
- • Article 50, which directs the state to separate the judiciary from the executive in the public services of the state.
- • Article 51A, which imposes a duty on every citizen to abide by the Constitution and respect its ideals and institutions.
The judiciary, especially the Supreme Court, plays a vital role in upholding and enforcing constitutional supremacy in India. The judiciary has the power of judicial review, which enables it to strike down any law or action that violates the Constitution or the rule of law. The judiciary has also evolved various doctrines and principles, such as the basic structure doctrine, the due process of law, the doctrine of proportionality, the doctrine of legitimate expectation, etc., to protect and promote constitutional supremacy in India.
However, constitutional supremacy in India also faces many challenges and threats, such as:
- • The delay and backlog in the administration of justice, which affects the timely and effective delivery of justice to the people.
- • The corruption and malpractice in the public services, which erodes the trust and confidence of the people in the rule of law.
- • The abuse and misuse of power and authority by the executive and the legislature, which undermines the independence and integrity of the judiciary and the rule of law.
- • The violation and infringement of the human rights and civil liberties of the people, especially the marginalized and vulnerable sections of the society, by the state and non-state actors.
- • The lack of awareness and education among the people about their rights and duties, and the role and importance of the rule of law in a democracy.
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3. Social Administration
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Tribal Legislations in India
Tribal legislations are laws that are enacted to protect and promote the rights and interests of the tribal communities in India. Tribal communities are the indigenous people who live in various parts of the country, and have their own distinct culture, language, and way of life. Tribal communities constitute about 8.6% of India's population, and are classified as Scheduled Tribes under the Constitution.
Some of the main tribal legislations in India are:
- • The Constitution of India, which provides various provisions and safeguards for the tribal communities, such as:
- • Article 15, which prohibits discrimination on the grounds of race, religion, caste, sex, or place of birth.
- • Article 16, which ensures equality of opportunity in matters of public employment.
- • Article 19, which grants the right to freedom of speech and expression, assembly, association, movement, residence, and profession.
- • Article 29, which protects the interests of minorities, including their right to conserve their language, script, and culture.
- • Article 46, which directs the state to promote the educational and economic interests of the weaker sections of the society, especially the Scheduled Castes and Scheduled Tribes.
- • Article 244, which provides for the administration of the Scheduled Areas and Tribal Areas, according to the Fifth and Sixth Schedules of the Constitution.
- • Article 330, which reserves seats for the Scheduled Castes and Scheduled Tribes in the House of the People (Lok Sabha).
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4. Current Topics
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Pandemic Administration in India
Pandemic administration in India refers to the process of planning, implementing, and evaluating policies and actions to prevent, prepare for, respond to, and recover from the COVID-19 pandemic, which has affected the country since January 2020.
The role and responsibilities of different levels and sectors of government, such as federal, state, local, and international authorities, as well as public health, emergency management, and other agencies, in coordinating and collaborating on pandemic preparedness and response.
The challenges and opportunities of digital governance, data management, and cybersecurity in enhancing the efficiency, effectiveness, and accountability of pandemic administration, as well as the risks and benefits of using digital tools, such as contact tracing apps, online platforms, and artificial intelligence, for pandemic surveillance, communication, and service delivery.
The legal and ethical issues of pandemic administration, such as the balance between public health and civil liberties, the protection of privacy and personal data, the regulation of emergency powers and measures, the enforcement of compliance and sanctions, and the promotion of transparency and participation.
The social and economic impacts of pandemic administration, such as the effects of lockdowns, quarantines, and travel restrictions on various sectors and groups of society, the provision of financial and humanitarian assistance to affected individuals and businesses, the mitigation of inequalities and vulnerabilities, and the recovery and resilience strategies for the post-pandemic future.
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5. Indian Administration
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Redressal of Public Grievances in India
Public grievances are the complaints or expressions of dissatisfaction or discontentment by the citizens regarding the performance or conduct of the public authorities or officials. Redressal of public grievances is the process of handling, resolving, and providing feedback to the citizens on their grievances.
The redressal of public grievances in India is governed by various laws, policies, and mechanisms, such as:
• The Constitution of India, which provides various fundamental rights and safeguards to the citizens, such as the right to equality, the right to life and personal liberty, the right to constitutional remedies, etc. The Constitution also empowers the judiciary to issue writs for the enforcement of these rights, and to review the constitutionality and legality of any law or action of the state.
• The Right to Information Act, 2005, which grants the right to the citizens to access information held by or under the control of any public authority, and to seek accountability and transparency from the state. The Act also provides for the establishment of the Central Information Commission and the State Information Commissions, which are the appellate authorities for the redressal of grievances related to the implementation of the Act.
• The Lokpal and Lokayuktas Act, 2013, which provides for the establishment of the Lokpal at the central level and the Lokayuktas at the state level, which are the ombudsman institutions to inquire into the allegations of corruption and misconduct against the public functionaries, and to recommend appropriate action against them. The Act also provides for the establishment of the Inquiry Wing and the Prosecution Wing under the Lokpal, and the Special Investigation Team under the Lokayuktas, for the investigation and prosecution of the cases referred by them.