Public Administration Note

1. Lokpal Function and Power

Lokpal is an Anti-corruption authority or ombudsman who represents the public interest.
Function: The Lokpal is responsible for inquiring into corruption charges at the national level.
Power: The Lokpal has jurisdiction over all Members of Parliament and central government employees in cases of corruption.

2. II ARC ( Second Administrative Reform Commission)

The Second Administrative Reforms Commission (ARC) was constituted on 31 August 2005, as a Commission of Inquiry, under
the Chairmanship of Veerappa Moily for preparing a detailed blueprint for revamping the public administrative system.
The Commission was requested to suggest measures to achieve a proactive, responsive, accountable, sustainable and efficient
administration for the country at all levels of the Government. It had presented the following 15 Reports to the Government for
consideration:
a. Right to Information: Master Key to Good Governance
b. Unlocking human capital: Entitlements and Governance – a Case Study )
c. Crisis Management: From Despair to Hope
d. Ethics in Governance
e. Public Order : Justice for each … Peace for all
f. Local Governance
g. Capacity Building for Conflict Resolution – Friction to Fusion
h. Social Capital
3. Welfare Program for SC/ SF/ BC

4. RTI Act 2005 (Right To Information Act 2005)

Right to Information (RTI) is an Act of the Parliament of India to provide for setting out the practical regime of right to
information for citizens and replaces the erstwhile Freedom of information Act, 2002. Under the provisions of the Act, any
citizen of India may request information from a public authority which is required to reply expeditiously or within thirty days.
The Act also requires every public authority to computerize their records for wide dissemination and to pro-actively certain
categories of information so that the citizens need minimum recourse to request for information formally.
The Act covers the whole of India except Jammu and Kashmir, where J&K Right to Information Act is in force. It covers all
constitutional authorities, including the executive, legislature and judiciary; any institution or body established or constituted by
an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by
order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government,
or non-Government organizations "substantially financed, directly or indirectly by funds" provided by the government are also
covered in the Act.

5. Public Enterprise Forms

a. Department Management/ Departmental Undertaking:

It is a traditional form of operating and managing affairs of public enterprise. They are organized, financed and controlled by
the certain department of the government.
Features:
- it is financed by treasury and all the revenues are paid into treasury.
- it is subject to the budgeting
- the civil servants are the permanent staff
- the ministry is directly controlled by the administrative staff
- it has no separate legal entity

b. Public Corporations:
Public corporations are created by a special stature of state or the central government; and it is a separate legal entity created
for a specific purpose. they are governed by the special act of parliament, and it's managed and controlled by board of
directors, and the board of directors are appointed by the government.
features:
- it is totally owned by the government
- it is a separate legal entity
- in some cases, public may hold the portion of share capital
- it can purchase and sell securities, can enter into any contract, can sue and can be sued.
- employees are not civil servants
- it is aim is to maximize social welfare
- it has independent accounting, audit and financial system
 c. Government Company:
A company owned by the central/ state government is called government, either whole of the capital or the majority
of the share are owned by the government, or at least 51% of the shares are owned by the government.
Management of these companies is under the control of the government. Government companies are registered both
as public limited and private limited companies bu the management remains in the hands of the government.
Features:
- it has a separate legal entity
- it is financed by the government
- employees are not civil servants
- it is managed and controlled by board of directors those are appointed by the government
- at least 7 promoters are required for incorporation
-And totally owned by the government

6. Legislative Control over Administration:

The legislature exercises general power of 'direction,supervision and control of Public administration' ' as per Willoughby.
The administration cannot act contrary to the guidelines laid down by the legislature. It lays down the broader policy of
administration. The legislature not only defines the functions of the government but also provides the finance for its
variousprogrammes.
The legislature determines policies, establishes or authorizes the creation of administrative agencies, appropriates funds for
their work, and attempts to control their operations by directions and limitations before and checks after the administration
acts.
> the legislative control over administration is carried out by:
- control of administrative policy
- Audit and Report
- Parliamentary Questions
- Zero hour discussion
- Budget discussion
- Budget speech of the minister of finance and financial control
- inaugural speech of the president

7. Judiciary Control over Administration:

The Courts have the authority and right as per the constitution of India to examine the legality and validity of acts of the
permanent executive in order to safeguard the citizen's rights. judicial control is meant the power of the courts to examine
the Legality of the officials act and thereby to safeguard the fundamental and other essential rights of the citizens. The
underlying object of judicial review is to ensure that the authority does not abuse its power and the individual receives just
and fair treatment and not to ensure that the authority reaches a conclusion, which is correct in the eye of law. The role of
judiciary in protecting the citizens against the excess of officials has become all the more important with the increase in the
powers and discretion of the public officials in the modern welfare states.
the Judiciary control over administration is carried out by:
- Encouraging public interest litigation
- building broad constructions of public law
- forcing executives to compensate the victims of administrative arbitrariness through liberal provisions of victimology
- widening the horizons of constitutional law.

8. Disaster Management:
Disaster Management can be defined as the organization and management of resources and responsibilities for dealing with
all humanitarian aspects of emergencies, in particular preparedness, response and recovery in order to lessen the impact of
disasters. It is the creation of plans through which communities reduce vulnerability to hazards and cope with disasters.
Disaster management does not avert or eliminate the threats; instead, it focuses on creating plans to decrease the effect of
disasters. Failure to create a plan could lead to human mortality, lost revenue, and damage to assets.
National Disaster Management Authority (NDMA) is an agency of the Ministry of Home Affairs whose primary purpose is to
coordinate response to natural or man-made disasters and for capacity-building in disaster resiliency and crisis response.
NDMA was established through the Disaster Management Act enacted by the Government of India in December 2005. The
Prime Minister is the ex-officio chairperson of NDMA. The agency is responsible for framing policies, laying down guidelines
and best-practices and coordinating with the State Disaster Management Authorities (SDMAs) to ensure a holistic and
distributed approach to disaster management.
NDMA is operationally organized into the following divisions:
-Policy & Planning
-Mitigation
-Operations & Communications
-Administration
-Capacity Building
9. Governance:
The world bank defines governance as: the manner in which power is exercised in the management of a country's economic
and social resources for development. This considers the process by which governments are selected, monitored and
replaced; the capacity of the government to effectively formulate and implement sound policies and the respect of citizens
and the state of the institutions that govern economic and social interactions among them.
And alternative definition sees governance as the use of institutions, structures of authority and even collaboration to allocate
resources and coordinate or control activity in society or the economy.
It has also been used to describe the proper functioning of institutions and their acceptance by the public (Legitimacy), it is
the process of decision making and the process which decisions are implemented (or not implemented).
Good Governance is about the process of making and implementing decisions for the best possible process. Good Governance
is an indeterminate term used in the international development literature to describe how public institutions conduct public
affairs and manage public resources.
Types of Govenance include:
-Public governance
-Private governance
-Global governance
-Nonprofit governance
-Corporate governance
-Project governance
-Environmental governance

10. Privatization:

it is the process of transferring ownership of a business, enterprise, agency, public service, or public property from the public
sector (a government) to the private sector, either to a business that operates for profit or to a nonprofit organization. It may
also mean the government outsourcing of services or functions to private firms, for example, revenue collection, law
enforcement, and prison management.
Privatization can refer to the act of transferring ownership of specified property or business operations from a government
organization to a privately owned entity, as well as the transition of ownership from a publicly traded, or owned, company to
a privately owned company.
Forms of Privatisation: there are five main methods of privatisation
- share issue privatisation: shares sale on the stock market
- asset sale privatisation: asset divestiture a strategic investor
- voucher privatisation: distribution of vouchers
- privatisation from below: start of new private business in formerly socialist countries
- management buyout or employee buyout: distribution of shares for free or at a very low price to workers or management of
organization.

11. Disinvestment:
Disinvestment refers to the use of a concerted economic boycott to pressure a government, industry, or company towards a
change in policy, or in the case of governments, even regime change. In Business, Disinvestment means to sell off certain
assets such as a manufacturing plant, a division or subsidiary, or product line. Disinvestment is sometimes described as the
opposite of capital expenditures. Disinvestment means privatising ownership of Government undertaking by sale of equity
shares. The disinvest may be full or partial.
Disinvestment is aimed at reducing the financial burden on the government due to inefficient PSUs and to improve public
finances. It introduces competition and market discipline and helps to depoliticize non-essential services.
12. Central Vigilance Commission:
Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental
corruption. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring
all vigilance activity under the Central Government of India, advising various authorities in central Government
organizations in planning, executing, reviewing and reforming their vigilance work. The Central Vigilance Commissioner and
the Vigilance Commissioners shall be appointed by the President on recommendation of a Committee consisting of the
Prime Minister (Chairperson), the Minister of Home Affairs (Member) and the Leader of the Opposition in the House of the
People (Member).
the central vigilance commissioner can be removed from his office only by the president on the ground of proved
misbehavior or incapacity after the supreme court.
The commission shall consist of a) central vigilance commissioner - chairperson b) not more than two vigilance
commissioners - members.
The commission has its own secretariat, chief technical examiner CTE and a wing of commissioners for Departmental
Inquiries CDI.
13. NHRC National Human Rights Commission:

The Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993 under the Protection
of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the Protection of Human Rights Act,
1993 (TPHRA). The NHRC is the National Human Rights Commission of India, responsible for the protection and promotion of
human rights, defined by the Act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the
Constitution or embodied in the International Covenants".

The NHRC (National Human Rights Commission) consists of:

- A Chairperson, should be retired Chief Justice of India
- One Member who is, or has been, a Judge of the Supreme Court of India
- One Member who is, or has been, the Chief Justice of a High Court
- Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to
human rights
- In addition, the Chairpersons of four National Commissions of ( 1.Minorities 2.SC and ST 3.Women) serve as ex officio
members.

NHRC performs the following functions:

- proactively or reactively inquire into violations of human rights or negligence in the prevention of such violation by a public
servant
- by leave of the court, to intervene in court proceeding relating to human rights
- to visit any jail or other institution under the control of the State Government, where persons are detained or lodged for
purposes of treatment, reformation or protection, for the study of the living conditions of the inmates and make
recommendations
- review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of
human rights and recommend measures for their effective implementation
- review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate
remedial measures
- to study treaties and other international instruments on human rights and make recommendations for their effective
implementation
- undertake and promote research in the field of human rights
- engage in human rights education among various sections of society and promote awareness of the safeguards available for
the protection of these rights through publications, the media, seminars and other available means
- encourage the efforts of NGOs and institutions working in the field of human rights
- such other function as it may consider it necessary for the protection of human rights.
- requisitioning any public record or copy thereof from any court or office