Friday, 26 April 2013

The Central Secretariat


The Central Secretariat system in India is based on two principles:
(1) The task of policy formulation needs to be separated from policy implementation.
(2) Maintaining Cadre of Officers operating on the tenure system is a prerequisite to the working of the Secretariat system.
The Central Secretariat is a policy making body of the government and is not, to undertake work of execution, unless necessitated by the lack of official agencies to perform certain tasks. The Central Secretariat normally performs the following functions:
(1) Assisting the minister in the discharge of his policy making and parliamentary functions.
(2) Framing legislation, rules and principles of procedure.
(3) Sect oral planning and program formulation.
(4) (a) Budgeting and control of expenditure in respect of activities of the Ministry/department.
(b) Securing administrative and financial approval to operational programs and their subsequent modifications.
(c) Supervision and control over the execution of policies and programs by the executive de­partments or semi-autonomous field agencies.
(d) Imitating steps to develop greater personnel and organizational competence both in the minis­try/department and its executive agencies.
(e) Assisting in increasing coordination at the Central level.

Law Commission of India (Download the E-book)







DOWNLOAD LAW COMMISSION OF INDIA FILE

ELECTORAL REFORMS IN INDIA


India is the largest and one of the most vibrant democracies of the world. It is true that we have been able to run a democratic system for more than 6 decades and we should be proud of it because very few developing nations have actually been able to run a democratic system.
But in recent years unfortunately there has been a growing feeling that the Indian Political System was not working very well. The entry of criminal elements in politics, defections of legislators, communalisation of politics, minuses of public office by persons in high positions and money power in elections have made it clear that there are deep seated problems in many sectors of Indian Parliamentary System. How and where did we fail? Does the fault lie with the constitution itself or its implementation? A very suitable answer is that it is mainly the political and electoral system, which has completely derailed the social, economic and administrative fabric of the country.
Now time has come to consider whether we were wrong in adopting the present system of parliamentary democracy. Therefore, the only way to remedy the present malady is to make the political system deliver the goods. And it is not only the politicians who are to blame, but also we are all responsible for the present state of affairs.
The prime need of the hour to bring holistic reforms in the election process is to save the nation from the clutches of 3MPs i.e. money power, muscle power and mafia power and 4cs i.e. communalism, casteism, criminalization and corruption. However, to strike as the root of the problems has been a vigorous debate on criminalization of politics and illegitimate use of excessive and unaccounted money power in election. Several sensible and practical suggestion have also been offered but all efforts at reform have been stymied for want of parliamentary action as it is true that our political parties and leaders, clamor for electoral reforms only just before the elections, but as soon as they come to power they turn a deaf ear to them.
Even after 62 years of independence and 13 general election to the Lok Sabha, we have not been able to make any meaningful reforms in our electoral system. Are we really serious and honest about the free and fair elections?
In recent times there have been many exercise aimed at reforming the electoral system. In the last ten years, there have been several exercise by the Government addressed to maintain the purity of elections and particularly to bring about transparency in the process of election. The role of Election Commission of India is praiseworthy and commendable in this direction. The Election Commission over the years enhanced its credibility by fair, fearless and impartial exercise of its constitutional authority in cleansing the Indian electoral system.
In pursuance of the Supreme Court directions, the Election Commission on 28 June 2002 in exercise of power of superintendence, direction and control of elections of Parliament and State Legislatures, conferred on it by Article 324 of the Constitution directed as follows:- (1) Every candidate at the time of filling his nomination paper for any election to the council of states, house of the people, Legislative Council of a State having such a council shall furnish full and complete information regarding criminal record, financial details and educational qualifications etc. as specified by the Hon'ble court in an affidavit. (2) The said affidavit by each candidate shall be duly sworn before a Magistrate of the First Class or a Notary Public or a Commissioner of Oaths appointed by the High Court of the State Government (3) Non-furnishing of the affidavit by any candidate shall be considered the violation of the order of Supreme Court and the nomination shall be liable to rejection by the returning officer at the time of scrutiny (4) Furnishing of any wrong or incomplete information or suppression of any material information by any candidate in or from the said affidavit may also result in the rejection, apart from inviting penal consequences under the Indian Penal Code of furnishing wrong information or suppression of material fact. (5) The information so furnished by each candidate in the aforesaid affidavit shall be disseminated by the respective returning officers by displaying a copy of of the affidavit on the notice board of his office and also by making the copies thereof available freely and liberally to all other candidates and the representatives of the print and electronic media. (6) If any rival candidate furnishes information to the contrary by mean of a duly sworn affidavit, then such affidavit of the rival candidate shall also be disseminated along with the affidavit of the candidate concerned.
To make the electoral process more fair, transparent Y equitable and to reduce the distortions and evils that have crept into it, the Supreme Court delivered the judgment of 13 March 2003 upholding Lok Satta's contention that section 33B inserted in haste by an act of Parliament in the representation of people Act 1951 violated the people's fundamental right to know so that they can drive out criminals from the fray by using their right to ballot. However, the key question is how long can we kept the criminals away from the arena of elections? What steps should be taken to reduce the criminals' entry into political parties? Nevertheless, the judgment has created a ray of hope for better governance in India. Politicians should not resist the voter's right to know but try and give it a meaning in a constructive way to protect Parliamentary Democracy.
**********************************************************************************************
The scandals and controversies that marked the 14th Lok Sabha and the recent events after the general elections in India were announced, where smaller and regional parties have held bigger parties to ransom over various issues like that of seat-sharing, have once again highlighted the urgent need of electoral reforms in India. Some of the recommendations given below have been widely discussed in various forums and have found acceptability among various policy-making organisations including the Election Commission of India. It is high time that they are implemented in the earnest.

Abolish the first-past-the-post system: This has been amongst the most widely discussed electoral reforms in India. Multi-cornered contests have become a norm in India rather than an exception due to the increase in the number of smaller and regional parties. There have been cases in the state assembly elections where a candidate has been declared winner with the victory margin of less than 100 votes. Apart from this anomaly, in most cases, a candidate wins the election by securing just 30-35 per cent of the total number of votes polled. Hence he or she cannot be deemed to be a choice of majority of the electorate. To overcome this limitation, the first-past-the-post system should be replaced with a two-stage electoral process. In this, a second round of election will be held if none of the candidates in the fray is able to get 50 per cent of the total number of votes polled in the first round. The two candidates who have obtained the maximum number of votes in the first round will fight in the second round. Whoever between the two gets more than 51 per cent of the total votes polled in the second round is declared the winner.

Simultaneous elections for Union and state legislatures: Currently 3-4 states in India go for elections every year. This undermines the working of the union government as the regime in power cannot take tough decisions due to the fear of a backlash in the next round of assembly election. Hence simultaneous elections will not only ensure that governments at the centre and the states carry out their responsibilities in a smooth manner but also curtail unnecessary election expenditure. The arrangement of simultaneous elections can be extended to the elections for the municipal corporations and other Panchayati Raj institutions.

Fixed tenure of elected legislative bodies with no-confidence motion followed by a confidence motion: This is another move that will curtail the unnecessary election expenditure and at the same time ensure stable governments at the centre and in the states. In case none of the parties or coalition is able to form a government on its own, the members of the house should together elect an executive head among themselves and form a cabinet that has representation from members of all political parties on the basis of the number of seats they have secured in the elections.

Decrease number of registered parties: This move is necessary because the smaller parties are far more vulnerable to “ideological shifts” and in this era of fractured mandates, hold the bigger parties to ransom for their narrow political gains. The election commission should be given powers to de-recognise smaller political parties on the basis of their performance. Another move to achieve this goal would be to increase the minimum number of primary members that are needed to form a political party. 

Increase the amount of security deposit: This move is necessary to put a check on the number of non-serious candidates contesting union and state assembly elections. Such a move has been taken in the past and has shown desired results. However in recent times, the number of candidates fighting elections has shown an increasing trend and hence there is a need to review the amount of security deposit.

Not allowing candidates to contest from more than one constituency in an election: This is necessary to curtail the unnecessary expenditure that election commission has to make when a candidate contests election from more than one constituency and wins from all the constituencies he has contested from. The bye-election that is necessitated by the candidate choosing one seat and vacating others seats he has contested from will no longer be needed.

Use of common electoral rolls in the union and state elections: This move will put a check on the cases of people finding their names missing in the electoral rolls. This happens because different lists are prepared by the Election Commission of India for general elections and the state election commissions for the elections of the state assemblies and local bodies. The effort and expenditure that is involved in making two lists for similar purpose will be greatly reduced.

Making false declarations in election affidavits an offence: This is necessary to ensure transparency about the profile of candidates contesting elections, many of whom have criminal cases going on against them on charges of heinous offence like kidnapping and murder. Anyone giving false information in the affidavits should be debarred from contesting elections for a minimum duration of five years.

Allowing negative/neutral voting: This will allow a voter to express his dissent by rejecting all the candidates contesting in his constituency if he finds none or them suitable to be elected. Currently a large number of people do not go to the polling booth because of their disenchantment with the candidates put up by the political parties. This is reflected in the falling poll percentages. Democracy in India will be strengthened if people participate in large numbers in the electoral process and have a choice to reject all the candidates instead of being forced to select one who they think is less bad than the others in the fray.

Ban on publication of exit/opinion polls results till voting is over for all phases: To ensure free and fair elections in India, the election commission holds them in different phases so that the available security staff is effectively deployed. Publishing the result of opinion poll on the earlier phases will have an impact on the voting pattern in the subsequent phases. Similarly, the opinion polls that are conducted before the election also influences the voting pattern. Hence there is a need to put a ban on the publication of the results of the exit/opinion polls conducted by various media agencies till all the phases of elections are over.

Policy Analysis


Policy analysis

Policy analysis is an attempt to measure the costs and benefits of various policy alternatives or to evaluate the efficacy of existing policies; in other words, to produce and transform information relevant to particular policies into a form that could be used to resolve problems pertaining to those policies. In the public sector, policy analysis is also concerned with conditions affecting implementation such as executive structures, efficiency, goods and services, recipients, equity, availability, distribution, monitoring and enforcement. In other words, policy analysis is concerned with an explanation of the causes and consequences of why governments do what they do. Dorr (1991: 3) uses policy analysis to mean approaches, methods, methodologies and techniques for improving discrete policy decisions.
Public policies are aimed at the improvement of the well being of society. It is therefore, imperative that those policies should be analysed to determine whether they are in effect contributing towards the common weal, i.e. whether the policies themselves or the conditions pertaining to their implementation are producing the desired results and impacts. The reasons for policy analysis can be scientific, professional or political. The basic idea underlying the scientific reason for policy analysis is to determine its feasibility in terms of technology (can it work?), economy (what are there source requirements), politics (what is the impact on the executive institutions?), society (is it socially acceptable?), and time (can it be implemented within a reasonable period of time?).Answers to the above could contribute towards narrowing the gap of uncertainty.Professional reasons for policy analysis are to do with the necessity for devising the policies most suitable to resolve social problems, bearing in mind the causes and results of policy decisions and the factors influencing policy. In other words, there is a search for and assessment of alternative policy options, inter alia by forecasting the direct and indirect impacts and long – range  effects of existing or proposed policies by the application of cost – benefit analysis, modeling or simulation to the different options. Political reasons for policy analysis are concerned with ensuring that desired aims are realized  by appropriate policies and that the political office – bearer is supplied with the information that will enable him to understand the complexity of the public issues he has deal with, and on which he has to make feasible policy.
From the foregoing it is apparent that public policy analysis is likely more concerned with description and explanation that with prescription (which is the function of policy advocacy); with an in – depth search for the reasons for and consequences of particular public policies, and with the developing of theories of public policy that will be reliable and applicable to different issues and can be utilized by different government institutions. If the policy – maker does not know exactly what the problem to be solved is, nor whether progress is being made in solving it, he does not know much, which could be very costly in policy – making.
 Advantages of public policy analysis
Policy analysis can contribute towards the making of rational choices in public policy. It provides a basis for taking into account the probable consequences of selected courses of action and can help the political office – bearer and the appointed public official to work as team – mates in promotion the common will…One of the main advantages of policy analysis is that, as opposed to purely rational analysis, it helps the various participants to understand the roles of values, particular interests and political considerations in selecting a course of action. By providing ascertainable facts, which can be used to separate the relevant and the irrelevant, and by indicating annual changes, community differences, the clientele involved and envisaged performance versus results achieved, policy analysis is useful in determining whether a particular policy is working or not, and if not, noting what aspects are not working. Good policy analysis compares not only objectives or resources, but also alternative programs. It markets errors easy to identify by working with historical contexts and bears in mind that public officials must implement policies and those citizens are involved.
INCREMENTALISM  views public as a continuation of past government activities with only incremental modifications. Political scientist Charles E. Lindblom first presented the incremental model in the course of a critique of the traditional ration model of decision – making. According to E. Lindblom, decision – makers do not annually review the whole range existing and proposed policies, identify societal goals, research the benefits and costs of alternative policies in achieving these goals, rank – order preferences for each policy alternative in terms of the ration of benefits to costs and then make a selection on the basis of all relevant information. Incrementalism is conservative in those existing programs, policies and expenditures are considered as a base, and attention is concentrated on new programs and policies and on increases, decreases, or modifications of current programs

Significance & Role of public policy

Public policy, as we have analyzed, is an important component of the democratic government, and its focus is on “the public and its problems”. It is an area which has to do with those spheres which are labeled as public. The concept of public policy presupposes that there is a domain of life which is not private or purely individual, but held in common. As such, public policies have important purpose to serve in the democratic society.


Management theory by Henri Fayol


Management theory by Henri Fayol: 

Henri Fayol was born 1841 in Istanbul and died 1925 in Paris. He was a French management theorist. Fayol was one of the most influential contributors to modern concepts of management, having proposed that there are five primary functions of management: (1) planning, (2) organizing, (3) commanding, (4) coordinating, and (5) controlling. Controlling is described in the sense that a manager must receive feedback on a process in order to make necessary adjustments. Fayol's work has stood the test of time and has been shown to be relevant and appropriate to contemporary management.
Fayol believed management theories could be developed, then taught. His theories were published in a monograph titled General and Industrial Management (1916). This is an extraordinary little book that offers the first theory of general management and statement.
Fayol suggested that it is important to have unity of command: a concept that suggests there should be only one supervisor for each person in an organization. Fayol suggested that management is a universal human activity that applies equally well to the family as it does to the corporation.
Henri Fayol, the father of the school of Systematic Management, was motivated to create a theoretical foundation for a managerial educational program based on his experience as a successful managing director of a mining company. In his day, managers had no formal training and he observed that the increasing complexity of organizations would require more professional management. Fayol's legacy is his generic Principles of Management.
Fayol's management process allows command functions to operate efficiently and effectively through co-ordination and control methods. For Fayol, the managing director overlooked a living organism that requires liaison officers and joint committees.
There are many theories used in today's management roles that can be traced back to the theories of these "founding fathers" of management. For example, Henry Fayol's 14 principles serve as a point of reference that many of today's managers use when conceptualizing, planning, organization, implementing and overseeing ideas and theories in the workforce
The main purpose of Henri Fayol’s “General Principles of Management” is to offer valuable guidance in managing effectively and efficiently. He explains that these are only principles and may need to be built upon or changed due to certain circumstances. These principles can be applied to situations that we may face as managers. Fayol provides each principal with insight for each.
Division of Work is the first principle. Each person within an organization has certain tasks and responsibilities. Each person continues to do this same job every day and become efficient and skilled in their tasks. This means better productivity for the organization as a whole.
Authority and Principal in large companies mean there are varying degrees of responsibility assigned to each supervisory position. With this gained authority comes more responsibility.
Discipline is the next principle of management. It is important for the supervisor to prevent slacking or other bad behavior. Good examples should be set by the supervisors also.
Unity of Command is the idea that at any one time a worker should only have one supervisor to receive direct orders from. If there are orders coming from two supervisors, it can obviously cause confusion among the workers and animosity between the two supervisors. It can also cause a decrease in production due to confusion among the workers.
Unity of Direction is closely related to Unity of Command. The Leader makes the plans and the supervisors push the original idea through the chain. They take extra care in ensuring the original plan stays on track.
Subordination of Individual Interest to General Interest is the concept of the supervisor taking an active role to fighting bad habits of employees. It is a supervisor’s duty to urge employees to leave personal interests and problems out of the workplace. It is also imperative that the supervisor teach by their own example.
Remuneration of Personnel is the next principle. There are many considerations to take when determining an employees pay. What is the state of the organization? What is the cost of living? Is there a shortage of qualified workers in this area? These considerations are all taken into account when deciding on a fair remuneration. Compensation should be given to those as reward for hard work. On the same token though, it is important to not overcompensate. The three different modes of payment are time rate, job rate and piece rate.
Centralization is having a leader or manager that effectively communicates the goal to all managers below them and getting the task at hand to all people within the organization. True centralization occurs when supervisors take the orders from the leader and effectively communicate it to those below them. They need not add their own directives or ideas. Just give the necessary direction to get the job done.
Scalar Chair is the chain of command within an organization. It answers the questions of who supervises who and who is responsible for what.
Order is the next principle. Order can be applied to the material aspects of an organization as well as the Social Order. Having all necessary products/ paperwork or even people in the right order and organized correctly will make it easier for the organization to operate. Workers should have a general order and a place to conduct business and tasks.
Equity as a principle in the organization assures that each employee receives fair treatment and the same respect as others. When an employee feels this way it will show through their work efficiency and general attitude towards their daily tasks.
Stability of Tenure of Personnel is the idea that an employee should have ample time to learn a position and skills needed for their job before removing them from the job. Each job or task does take a level of expertise. This expertise is best gained by experience. Firing someone too soon and firing too often can be more detrimental than sticking with a person until they learn to effectively do their job.
Initiative can be achieved in several ways. Managers and Supervisors must be able and willing to instill a sense of pride and accomplishment in the minds of employees. They should also strive to be respected by the employees. This in turn will inspire workers to do their best for the manager.
Esprit De Corps principle is based on the idea of unity. Stay unified; do not split your employees up. Bring them together for a common good. Communicate effectively with all of them with a focus on verbal communication and not written. Strive for harmony in the organization
Henry Fayol’s Management Theory Pros and Cons
Pros
Fayol provided a language to communicate management theory and establish a foundation for management training.
Managers should perceive organizations as living organisms that require constant attention rather than as mechanical machines.
Cons
The principles describe a vision rather than reality and are based on Fayol's own experience rather than empirical research. Later studies by Mintzberg and Kotter found that successful managers spend little time carrying out Fayol's activities and rely more on cultivating networks and personal contacts.
Conclusion
It is the intertwining of these classic theories mixed with some of the more modern ones that keep the worldwide management and 
labor force in constant productivity and questing to achieve better and better efficiency roles. And though there are many different approaches to management, the goal stays the same: to produce goods and services efficiently in a timely manner with a positive and beneficial outcome for employee, manager and company as a whole.
Functions of management theory by HF

Criticism of Administrative Management Theory


Henri Fayol's management principles and functions are used even today for managing the organisations. However, his Administrative Management Theory is criticised on the following grounds :-
1.     Management Oriented Theory : The administrative management theory is management oriented. It does not give much attention to the problems of the workers.
2.     Lack of Importance to Informal Organisation : The administrative management theory does not give any importance to informal organisation or groups. It gives importance only to the formal organisation structure.
3.     Concepts Borrowed From Military Science : Some of the concepts of administrative management theory were borrowed from military science. They tried to apply these concepts to the social and business organisations. For e.g. Henri Fayol gave importance to "commanding" and not "directing" the workers.
4.     Mechanical Approach : The administrative management theory has a mechanical approach. It does not deal with some of the important aspects of management such as motivation, communication and leading.

1.“Employees should receive orders from one superior only”. How did Fayol define this principle?
Unity of Command. Unity of command states that every worker should have only one immediate superior – he or she is responsible to that person and should ideally receive orders from that person only. This helps to pin responsibility in case of faults and fix errors in the system more easily. It also helps prevent chaos.
2. "Respect for agreements which are directed at achieving obedience, application, energy and the outward marks of respect”. What was Fayol defining?
Discipline. Discipline was one of the most important principles (according to Fayol). He declared that discipline requires good superiors at all levels.
3. Fayol emphasised on the need for team work in completing objectives and in the principle “In union, there is strength”. What term did Fayol use for expressing this?
Esprit de Corps. Fayol was a Frenchman. He made his observations on general management in his book, “Administration Industrielle et Generale.”
4. To avoid wastage of time and resources while communicating in the formal chain (following the organisational chart), Fayol introduced a concept. What is it better known as?
Gang plank Policy. Suppose a supervisor in the service sector (of a firm) wanted to communicate something to his or her counterpart in the production sector. Following the formal line of communication would mean that he/she had to communicate to his/her superior who contacts theirs and so on till the person who is head of both the departments is contacted; from the latter, the message is routed downwards till it reaches the required person. As per the “Gang plank policy”, the supervisor can contact a counterpart in any department directly (subject to approval from his/her superior).
5. “Each group of activities with the same objective must have one head of one plan (to achieve the objective)”. What was Fayol defining?
Unity of Direction. Every department in an organisation must move according to specified plan – it is not only necessary that the plan optimises the working of the department; it should also be made considering the organisation as a whole (to prevent plans of different departments from clashing).
6. Fayol talks about “Division of Labour”.
Fayol believed that it is necessary to have division of labour to improve efficiency. He wanted this principle to all kinds of work – both managerial as well as technical.
7. “Order” was an important principle for Fayol. He broke down “Order” into two types – Material and what?
Social. Order was defined as “a place for everything (everyone) and everything (everyone) in its (his or her) place”.
8. Another important principle of Fayol was “Authority and Responsibility”. According to Fayol, Authority was a combination of official power as well as what?
Personal. Official authority was derived from the manager’s position while personal authority was obtained from a combination of factors like intelligence, past service, moral worth, experience, informal relationships etc.
9. Fayol advocated the need for subordination of general interest to individual interest.
He advocated that both ‘interests’ should be met but when these interests collide (or differ), then the overall interest (general interest) must prevail. Management must also try to reconcile the differences.
10."The extent to which authority is concentrated or dispersed”. This principle is known in the management fields as _______?
Centralisation. Fayol maintained that individual circumstances will degree (of centralisation) that is needed to “give the best overall yield”.
top