UPSC IAS Mains Public Administration Solved Exam Paper - 2010 (Paper - II)
UPSC IAS Mains Public Administration Solved Exam Paper - 2010 (Paper - II)
SECTION- A
Q1. Attempt the follwoing in not more than 200 words each:- 20×3=60
(a) " The rule of kings depends primarily on written orders...." Why did Kautilya facour Codification of Laws ?
(b) Is is correct to state that " One of the major reasone for the failur of many .... public sectors undetakins was due to departures from the original concept of autonomy " ?
(c) Does the emergence of an Empowered Group of Ministers at the Central level impair the doctrine of Cabinet resposibility ?
Answer:
(a) "The rule of kings depend primarily on written orders…..” why did kautilya favour codification of laws?
Kautilya codified, modified, and created new laws related to: loans, deposits, pledges, mortgages etc., sale and purchase of property, inheritance and partition of ancestral property, labor contracts, partnership, defamation and assault, theft and violent robbery, and sexual offenses. He dealt with law and justice issues relating to both the civil law and the criminal law. He offered a truly comprehensive system of justice, which not only incorporated all the salient elements of a twenty-first century system but also contained a few additional invaluable insights.
Kautilya favoured codification of laws to reduce the discretion of administrators. Centralization led to the overburdening of the king. But this helped in avoiding conspiracies against the king and umpire.
Kautilya recognized the fact that corruption was inescapable. ‘Arthashastra’ itself identifies forty different forms of corruption. Hence it is the duty of state to ensure administration honest and serve the people’s welfare and interest. This was possible through codification of laws. Hence under prevailing circumstances , kautilya deemed it fit to have the laws codified.
(b) Is it correct to state that “one of the major reasons for the failure of many……public sector undertakings was due to departures from the original concept of autonomy”?
Factors which have been identified for the poor financial performance include: lack of managerial autonomy, excessive interference and failure of the government in meeting its obligations in time, long delays in project implementation, overstaffing, lack of motivation, indiscipline and undue demands of employees, taking onto itself losses of the private sector sick companies, burdening the sector with a variety of labour welfare schemes and social obligations, diversification into non-priority areas, and non-materialisation of assured developments in related industries.
Criticism of the Public sector, has not originated from any ideological stance; it has been moulded by the observed shortcomings. In spite of the continuing monitoring and supervision by elected representatives and their bodies and periodic reports by other investigating agencies, a variety of distortions have crept into the public sector as a whole.
The most frequent criticism of the public sector has been with regard to its financial losses which, it is argued, impose heavy burden on the exchequer. The inefficiencies of the PSEs, it is further argued, get passed on to the private sector which depends heavily on the public sector for supply of raw materials and infrastructure support.
There is also a view that the public sector operations being large in size and value, expose many a responsible person to indulgence in corrupt practices and manipulations for personal profit. It is widely believed that public sector’s financial performance, both in terms of return on capital invested and net profits, has been disappointing.
(c) Does the emergence of an Empowered Group of Ministers at the Central level impair the doctrine of Cabinet responsibility?
The Cabinet Committee approves the constitution of an empowered group of ministers at the Central level as a standing arrangement to resolve all issues, in which there is a lack of unanimity among committees at the level of officers and which do not require approval of the Cabinet or CCI.
The formation of the EGoM is in line with the recommendations of the BK Chaturvedi Committee, formed by Prime Minister Manmohan Singh to suggest ways to expedite government projects.
The EGoM, among other issues, has been vested with powers to fine-tune regulations and change norms for projects if required. It has been decided with the approval of the Prime Minister to constitute an Empowered Group of Ministers (EGOM) to deal with the situation arising .
The EGOM consist of senior members of cabinet. The Terms of Reference of the Group would inter alia be given.The Group of Ministers will be serviced by the concerned ministry, department and division.
As a result it is an arrangement to expedite the work and it also not impair the doctrine of Cabinet responsibility.Its only because of success of empowered group of ministers at the Central level,there is talk of formation of empowered group of ministers at the State level.
Q2.
(a) It is said that the British made a significant contribution towords modernising the Indian Administrative System on a ' rational-legal' basis. Justify the assessment with reference to the period from 1830 to 1865. 30 (for Answer Join Public Administration Online Coaching)
(b) Comment on the following statements:- 30 (for Answer Join Public Administration Online Coaching)
(i) " The more development an administrative system become the greater the likelihood that it would have developmental effects."
(ii) " The thrust of development administrtion failed to energise the Indian bureaucracy."
Q3.
(a) With reference to India, discuss the assertion that administrative reforms are multi- dimensional and need to be substantiated by reforms in other related areas of state action. 30 (for Answer Join Public Administration Online Coaching)
(b) The prevalence of multiple channels for transfer of ressources form the Centre to the States is stated to have compounded the problems of federal fiscal arrangements. Discuss. 30 (for Answer Join Public Administration Online Coaching)
Q4.
(a) " In an era of hung parliaments the power of the President expands, nore so when the incumbent decides to be assertive." Comment on the statement with reference to the situation in India during the last two decades. 30 (for Answer Join Public Administration Online Coaching)
(b) "...... Judges and Courts have creatively reinterpreted their statutory authority and expanded their own power and enhanced btheir standing visa-vis the legislature and executive." Critically examine this assesment. 30 (for Answer Join Public Administration Online Coaching)
SECTION - B
Q5. Comment on any THREE of the following in not more than 200 words each:- 3×20=60
(a) " Public Interest Litigation (PIL) has undergone several changes since its inception in 1980s."
(b)" Civil service neutrality is a fiction. How any thinking person can be neutral?"
(c) States with a record of good governance, it is argued by spokespersons of some states, lost their earlier sahre from the Finance Commission's award.
Answer:
(a) “Public Interest Litigation (PIL) has undergone several changes since its inception in 1980s.”
At the beginning the Supreme Court started to encourage the public spirited citizens who are moving the Court for the purpose of vindicating the rights of poor masses. In other words a letter or telegram addressed by a public spirited citizen can legitimately be regarded as an ‘appropriate proceeding’ for the purposes of article 32 of the Constitution. In addition to this a letter or telegram may be unsupported by an affidavit.
The Court found that the purpose of jurisdiction under article 32 would be frustrated if the Court insists on an affidavit as a condition of entertaining the letter as petition. The Court has liberalised the technical procedural laws, especially the law relating to pleadings, applicable to public interest litigations.
When a matter of grave public importance is for consideration before the Court every technicality in the procedural law shall not be available as a defence. The Court may also appoint a Commission or other body for the purpose of investigation of facts to reduce burden of the petitioner to make expenses to collect evidence.
The Supreme Court has always regarded the poor and the disadvantaged as entitled to preferential consideration than the rich, the businessmen and the industrialists. The weaker sections of Indian humanity have had no access to justice on account of their poverty, ignorance and illiteracy.
The strategy of public interest litigation has been evolved by the Supreme Court with a view to bring justice within the easy reach of the poor and the disadvantaged sections of the community.
The Supreme Court in Bandhua Mukti Morcha v. Union of India considered that the public interest litigation is a challenge and an opportunity to the government and its officers to make basic human rights meaningful to the down-trodden sections of the community.
The Supreme Court in Guruvayur Devaswom Managing Committee v. C. K. Rajan summarised the principles in regard to the nature and scope of the public interest litigation under article 32 and article 226 of the Constitution of India.
The Supreme Court has expanded the wings of public interest litigation in the course of time. The instrument of public interest litigation has served to protect the human rights of poor and disadvantaged masses. It has covered several areas of litigations.
The Supreme Court has used the jurisdiction for prohibition of exploitation of workmen, enforcing the rights of children employees, and release of bonded labourers. It was used for the eradication of the child prostitution, devadasi system and jogin tradition, and rescue and rehabilitation, through various welfare measures, of prostitutes and their children.
The Court has used the instrument of public interest litigation for seeking relief against mala fide acts of the public servant in the discharge of his functions as public servant, protection of the environment and the people’s right to natural resources, release of undertrials on bail and to direct the speedy trial, seeking release of children below 16 years detained in jails,to direct the CBI to conduct investigation as to corruption, and also for the protection of independence of the judiciary.
The public interest litigation was also used by the Court to award the monetary compensation in appropriate cases of violations of right to life personal liberties.
The award of compensation in public interest litigation proceeding is the admirable and pleasant idea of justicing the poor and disabled victims of violations of right to life personal liberties. The public interest litigation has opened a new dimension of justicing process and has given new hope to the justice-starved millions of Indians.
(b) “Civil service neutrality is a fiction. How many thinking person can be neutral ?”
The doctrine of `political neutrality' as is being advocated now is self-defeating since it envisages a meek and `abdicating' role of civil servants.
It is also presumptuous since it is based on the assumption that in our imperfect democracy ruling politicians represent all the people and interests and what they say should be the final word in the matters of governance or administrative action. This is a fallacy and cannot be accepted.
The Civil Service does not serve any one political party but instead serves the public interest. It is accountable to ministers who are accountable to Parliament. There is a delicate balance here between the Government and the party. The Civil Service serves the former whilst never touching on the latter.
The Founding Fathers' rationale for the creation of elite All India Services and giving them constitutional guarantees and protection meant that civil servants have a constitutional role to play in giving honest, fair and just governance to the people, particularly those the ruling politicians do not represent.
If the civil servants strictly observe the `law of umerta' and in the guise of `political neutrality' surrender to the rulers-of-the-day who represent only about a quarter of the electorate and do their biddings without demur `where will the majority of the population flee "
Too much of protection can reduce a person to cowardice. This is what is happening to civil servants they willingly become cowards since they do not have the courage even to face a transfer or some minor inconvenience for upholding principles of good governance.
(c) States with record of good governance, it is argued by spokesperson of some states, lost their earlier share from the finance commissioner’s award.
Over the past few FCs, the share of transfers as a proportion of the total transfers has shown a monotonic increase. Given that constraints can be imposed only on the transfer component rather than the statutory tax sharing one, it is but natural that this component will increase.
The trick here is to have a self binding commitment in terms of upper bound on the proportion to be so disbursed and then work in as detailed a way to tie the transfers to ‘good governance’ articulated in observable indicators. Finally, to return to a familiar theme of governance, in all that FC does, even more important than the resources, will be the ability to design transfers within an operational framework of good governance.
‘Once the wholesale reforms by way of prerequisites have been accomplished, what is important is to get urgently into the business of reform agenda concerned with the micro-design’.
Applying an index for quality of governance reveals a surprisingly strong positive correlation between fiscal decentralization and quality of governance . There is of course the low level of administrative capacity at the lower levels to contend with.
The trick here is to have a self binding commitment in terms of upper bound on the proportion to be so disbursed and then work in as detailed a way to tie the transfers to ‘good governance’ articulated in observable indicators.
This is one more reason why we believe that the FC’s job is not of the ‘fill it and forget it’ variety and hence the FC must not be a self dissolving entity but retain its core entity for the entire term of five years. In doing this there will be encroachment on the autonomy of the States and it will not be easy given the fractured polity of the present.
Q6.
(a) Explain the context and perpectives of the following statements:- 30 (for Answer Join Public Administration Online Coaching)
(i) The Planning Commission is " an armchair adviser".
(ii) The Planning Commission should reinvent itself as a systems reforms commission in the backdrop of changes global and domestic scenarios.
Q7. Comment on each of the following in not more than 200 words each:- 3×20=60
(a) " Non - Governmental Organisations play a catalytic role in enabling communities to define their own priorities..."(for Answer Join Public Administration Online Coaching)
(b) The optimism expressed by the proponents of the Financial Responsibility and Budget Management Act, 2003, in ensuring fiscal discipline appears to be unwarranted. (for Answer Join Public Administration Online Coaching)
(c) " The Jawaharlal Nehru National Urban Renewal Mission (JNURM) is one of the biggest reforms- linked development programmes taken up by the Government." (for Answer Join Public Administration Online Coaching)
Q8.
(a) It is argued that the Bhopal gas disaster and the response pattern to it reflect multipla vulnerabilities relating to systems of corporate social responsibility governance at local, state and central levels, and legal safeguards and liabilities. Comment on this assesment. 30 (for Answer Join Public Administration Online Coaching)
(b) With the creation of new regulatory agencies in the wake of liberalisation, overlapping jurisdictions and conflicts became the new trend. Is there need for the creation of a super-regulator or unified regulator ? 30 (for Answer Join Public Administration Online Coaching)