Legislative performance of State Assemblies

Legislative performance of State Assemblies

As the dust settles around the 16^th Lok Sabha, attention must now shift to the state assemblies, some of which have been newly constituted like Rajasthan, Chhattisgarh, Madhya Pradesh, Odisha, Andhra Pradesh and the few that will go into elections in the next few months like Maharashtra and Haryana. There are 30 state legislative assemblies not including the newly formed state of Seemandhara. In our federal structure, laws framed by the state assemblies are no less important and deserve the same diligence and debate as laws made by Parliament.

A brief look in to the performance of some of our state assemblies reveals that these institutions which form the cornerstones of our democracy need some serious attention.

State Assemblies: business hours

The current Haryana Legislative Assembly that comes to the end of its five year term in October this year has held 10 sessions since 2009 till March 2014, meeting for a total of 54 days – an average of 11 days per year.

In comparison, the Lok Sabha sat for an average of 69 days each year from 2009 to 2014. Among state assemblies, only Nagaland and Arunachal Pradesh sat for fewer days than Haryana. In the same period the Kerala Assembly sat for an average of 50 days per year, while Tamil Nadu Assembly sat for 44 days.

In its previous term, the Gujarat Legislative Assembly sat for a total of 157 days – an average of 31 days each year. Similarly, the current Goa Legislative Assembly sat for 24 days in 2012 and for 39 days in 2013. Over the last 10 years, the Assembly sat for an average of 26 days a year.  It recorded the highest number of sitting days in the last 10 years, at 39 days.

Law making in the states

In most states, Bills are passed with little or no discussion. Most Bills are introduced and passed on the last day of each session, which gives Members hardly any opportunity to examine or discuss legislation in detail. Unlike Parliament, where most Bills are referred to a department related standing committee which studies the Bill in greater detail, in most states such committees are non-existent.  The exceptions are Kerala which has constituted subject committees for this purpose and states like Goa and Himachal Pradesh where Select Committees are constituted for important Bills.

The current Haryana Assembly has passed 129 Bills, all of which were passed on the same day as they were introduced. Upto 23 Bills were passed on a single day, which left hardly any time for substantial discussion.

In the twelfth Gujarat Assembly, over 90% of all Bills were passed on the same day as they were introduced. In the Budget Session of 2011, 31 Bills were passed of which 21 were introduced and passed within three sitting days.

Of the 40 Bills passed by the Goa Assembly till May 2013, three Bills were referred to Select Committees. Excluding Appropriation Bills, the Assembly passed 32 Bills, which were taken up together for discussion and passing in five days. Almost all Bills were passed within three days of introduction. On average, each Bill was discussed for four minutes.

In 2012, the West Bengal Legislative Assembly passed a total of 39 Bills, including Appropriation Bills.  Most Bills were passed on the same day they were introduced in the Assembly.  In 2011, a total of 23 Bills were passed. On average, five Members participated in the discussions on each Bill. In 2012, the Delhi Legislative Assembly passed 11 Bills. Only one of the 11 Bills was discussed for more than 10 minutes. The performance of the Chhattisgarh and Bihar Vidhan Sabhas follow the same pattern.

Over the last few years, some assemblies such as Andhra Pradesh, Rajasthan and Haryana have taken some positive steps which include setting up subject committees and permitting live telecast of Assembly proceedings.

Every legislator- in Parliament and the states – is accountable to his voter. Weak democratic institutions deprive legislators of their right to oversee the government as enshrined in the Constitution. Inadequate number of sitting days, lack of discussion on Bills, and passing of the Budget and demands for grants without discussion are symptoms of institutional ennui and do not do justice to the enormous import of these legislative bodies.

Serious thought and public debate is needed to reinvigorate these ‘temples of democracy’ and provide elected representatives with the opportunity to exercise their right to legislative scrutiny, hold government to account, and represent their constituents.

REMOVAL OF GOVERNORS

Removal of Governors: What does the law say?

In the last few weeks, after the 16^th Lok Sabha election, there has been some debate around powers of the central government to remove Governors.  News reports have suggested that the central government is seeking resignations of Governors, who were appointed by the previous central government.  In this blog, we briefly look at the key constitutional provisions, the law laid down by the Supreme Court, and some recommendations made by different commissions that have examined this issue.

What does the Constitution say?

As per Article 155 and Article 156 of the Constitution, a Governor of a state is an appointee of the President, and he or she holds office “during the pleasure of the President”.  If a Governor continues to enjoy the “pleasure of the President”, he or she can be in office for a term of five years.  Because the President is bound to act on the aid and advice of the Council of Ministers under Article 74 of the Constitution, in effect it is the central government that appoints and removes the Governors. “Pleasure of the President” merely refers to this will and wish of the central government.

The Supreme Court’s interpretation

In 2010, a constitutional bench of the Supreme Court interpreted these provisions and laid down some binding principles (B.P. Singhal v. Union of India). In this case, the newly elected central government had removed the Governors of Uttar Pradesh, Gujarat, Haryana and Goa in July, 2004 after the 14^th Lok Sabha election. When these removals were challenged, the Supreme Court held:

1. The President, in effect the central government, has the power to remove a Governor at any time without giving him or her any reason, and without granting an opportunity to be heard.
2. However, this power cannot be exercised in an arbitrary, capricious or unreasonable manner.  The power of removing Governors should only be exercised in rare and exceptional circumstances for valid and compelling reasons.
3. The mere reason that a Governor is at variance with the policies and ideologies of the central government, or that the central government has lost confidence in him or her, is not sufficient to remove a Governor.  Thus, a change in central government cannot be a ground for removal of Governors, or to appoint more favourable persons to this post.
4. A decision to remove a Governor can be challenged in a court of law.  In such cases, first the petitioner will have to make a prima facie case of arbitrariness or bad faith on part of the central government.  If a prima facie case is established, the court can require the central government to produce the materials on the basis of which the decision was made in order to verify the presence of compelling reasons.

In summary, this means that the central government enjoys the power to remove Governors of the different states, as long as it does not act arbitrarily, without reason, or in bad faith.

Recommendations of Various Commissions

Three important commissions have examined this issue.

The Sarkaria Commission (1988) recommended that Governors must not be removed before completion of their five year tenure, except in rare and compelling circumstances.  This was meant to provide Governors with a measure of security of tenure, so that they could carry out their duties without fear or favour.  If such rare and compelling circumstances did exist, the Commission said that the procedure of removal must allow the Governors an opportunity to explain their conduct, and the central government must give fair consideration to such explanation.  It was further recommended that Governors should be informed of the grounds of their removal.

The Venkatachaliah Commission (2002) similarly recommended that ordinarily Governors should be allowed to complete their five year term.  If they have to be removed before completion of their term, the central government should do so only after consultation with the Chief Minister.

The Punchhi Commission (2010) suggested that the phrase “during the pleasure of the President” should be deleted from the Constitution, because a Governor should not be removed at the will of the central government; instead he or she should be removed only by a resolution of the state legislature.

The above recommendations however were never made into law by Parliament.  Therefore, they are not binding on the central government.

Compulsory voting in India and Rajya Sabha extends sitting hours, changes timing of Question Hour

Compulsory voting in India

Compulsory voting at elections to local bodies in Gujarat

Last week, the Gujarat Local Authorities Laws (Amendment) Act, 2009 received the Governor’s assent.  The Act introduces an ‘obligation to vote’ at the municipal corporation, municipality and Panchayat levels in the state of Gujarat.  To this end, the Act amends three laws related to administration at the local bodies- the Bombay Provincial Municipal Corporation Act, 1949; the Gujarat Municipalities Act, 1963 and; the Gujarat Panchayats Act, 1993.

Following the amendments, it shall now be the duty of a qualified voter to cast his vote at elections to each of these bodies.  This includes the right to exercise the NOTA option.  The Act empowers an election officer to serve a voter notice on the grounds that he appears to have failed to vote at the election.  The voter is then required to provide sufficient reasons within a period of one month, failing which he is declared as a “defaulter voter” by an order. The defaulter voter has the option of challenging this order before a designated appellate officer, whose decision will be final.

At this stage, it is unclear what the consequences for being a default voter may be, as the penalties for the same are to be prescribed in the Rules.  Typically, any disadvantage or penalty to be suffered by an individual for violating a provision of law is prescribed in the parent act itself, and not left to delegated legislation.  The Act carves out exemptions for certain individuals from voting if (i) he is rendered physically incapable due to illness etc.; (ii) he is not present in the state of Gujarat on the date of election; or (iii) for any other reasons to be laid down in the Rules.

The previous Governor had withheld her assent on the Bill for several reasons.  The Governor had stated that compulsory voting violated Article 21 of the Constitution and the principles of individual liberty that permits an individual not to vote.  She had also pointed out that the Bill was silent on the government’s duty to create an enabling environment for the voter to cast his vote.  This included updating of electoral rolls, timely distribution of voter ID cards to all individuals and ensuring easy access to polling stations.

Right to vote in India

Many democratic governments consider participating in national elections a right of citizenship.  In India, the right to vote is provided by the Constitution and the Representation of People’s Act, 1951, subject to certain disqualifications.  Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18.  Further, Section 62 of the Representation of Peoples Act (RoPA), 1951 states that every person who is in the electoral roll of that constituency will be entitled to vote.  Thus, the Constitution and the RoPA make it clear that every individual above the age of 18, whose name is in the electoral rolls, and does not attract any of the disqualifications under the Act, may cast his vote.  This is a non discriminatory, voluntary system of voting.

In1951, during the discussion on the People’s Representation Bill in Parliament, the idea of including compulsory voting was mooted by a Member.  However, it was rejected by Dr. B.R. Ambedkar on account of practical difficulties.  Over the decades, of the various committees that have discussed electoral reforms, the Dinesh Goswami Committee (1990) briefly examined the issue of compulsory voting.  One of the members of the committee had suggested that the only effective remedy for low voter turn outs was introducing the system of compulsory voting.  This idea was rejected on the grounds that there were practical difficulties involved in its implementation.

In July 2004, the Compulsory Voting Bill, 2004 was introduced as a Private Member Bill by Mr. Bachi Singh Rawat, a Member of Parliament in the Lok Sabha.  The Bill proposed to make it compulsory for every eligible voter to vote and provided for exemption only in certain cases, like that of illness etc.  Arguments mooted against the Bill included that of remoteness of polling booths, difficulties faced by certain classes of people like daily wage labourers, nomadic groups, disabled, pregnant women etc. in casting their vote.  The Bill did not receive the support of the House and was not passed.

Another Private Member Bill related to Compulsory Voting was introduced by Mr. JP Agarwal, Member of Parliament, in 2009.  Besides making voting mandatory, this Bill also cast the duty upon the state to ensure large number of polling booths at convenient places, and special arrangements for senior citizens, persons with physical disability and pregnant women.  The then Law Minister, Mr. Moily argued that if compulsory voting was introduced, Parliament would reflect, more accurately, the will of the electorate.  However, he also stated that active participation in a democratic set up must be voluntary, and not coerced.

Compulsory voting in other countries

A number of countries around the world make it mandatory for citizens to vote.  For example, Australia mandates compulsory voting at the national level.  The penalty for violation includes an explanation for not voting and a fine.  It may be noted that the voter turnout in Australia has usually been above 90%, since 1924.  Several countries in South America including Brazil, Argentina and Bolivia also have a provision for compulsory voting.  Certain other countries like The Netherlands in 1970 and Austria more recently, repealed such legal requirements after they had been in force for decades.  Other democracies like the UK, USA, Germany, Italy and France have a system of voluntary voting.  Typically, over the last few elections, Italy has had a voter turnout of over 80%, while the USA has a voter turnout of about 50%.

What compulsory voting would mean

Those in favour of compulsory voting assert that a high turnout is important for a proper democratic mandate and the functioning of democracy.  They also argue that people who know they will have to vote will take politics more seriously and start to take a more active role.  Further, citizens who live in a democratic state have a duty to vote, which is an essential part of that democracy.

However, some others have argued that compulsory voting may be in violation of the fundamental rights of liberty and expression that are guaranteed to citizens in a democratic state.  In this context, it has been stated that every individual should be able to choose whether or not he or she wants to vote.  It is unclear whether the constitutional right to vote may be interpreted to include the right to not vote.  If challenged, it will up to the superior courts to examine whether compulsory voting violates the Constitution.

[A version of this post appeared in the Sakal Times on November 16, 2014

Rajya Sabha extends sitting hours, changes timing of Question Hour

Recently the Chairman of Rajya Sabha issued a direction to extend the sitting hours and change the timing of Question Hour in the Upper House. Beginning with the Winter Session, which starts on November 24, Rajya Sabha will meet from 11 am to 6 pm, an hour more than its typical sitting hours. Question Hour will be scheduled from 12 pm to 1 pm, which was earlier held in the first hour of meeting.

Members of Parliament (MPs), in addition to their legislative capacity, play an important role to keep the government accountable. One mechanism for them to hold the government responsible for its policies and actions is Question Hour in Parliament. During Question Hour, MPs raise questions to Ministers on various policy matters and decisions.

Currently, all MPs can submit up to ten questions for every day that Parliament is in Session. Of these, 250 Questions are picked up by a random ballot to be answered each day that Parliament meets. While 230 Questions are answered in writing by Ministries, 20 Questions are scheduled to be answered orally by Ministers on the floor of the House. When a Question is answered orally by a Minister, MPs are also able to ask him/her two Supplementary Questions as a follow up to the response given. Therefore the proper functioning of Question Hour allows Parliament to be effective in its accountability function.

Over the years Question Hour has become a major casualty to disruptions in Parliament. The last decade has seen a decline in the number of questions answered orally on the floor of the House. Rajya Sabha had tried to address this problem in 2011, when Question Hour was shifted to be held from 2 pm to 3 pm, but this was discontinued within a few days.

The 2014 Budget Session saw both Houses of Parliament work for over hundred percent of their scheduled sitting time. However, while Question Hour functioned for 87% of its scheduled time in Lok Sabha, it functioned for only 40% of its scheduled time in Rajya Sabha. In 13 of the 27 sittings of the 2014 Budget Session, Question Hour in Rajya Sabha was adjourned within a few minutes due to disruptions.

It was as a result of these increasing disruptions in the Upper House that the change in timing of the Question Hour and extension of its hours of sitting were proposed. While the Rules of Procedures of Rajya Sabha designate the first hour of sitting for Question Hour, they also allow the Chairman of the House to direct otherwise. It is using this Rule that the Chairman of Rajya Sabha, Mr. Hamid Ansari, issued directions for the Question Hour to be shifted to noon.

It now remains to be seen whether this change in timing of Question Hour in the Upper House will be sufficient to allow for its smoother functioning.

Sources:

M.N. Kaul and S.L. Shakdher, Practice and Procedure of Parliament, Lok Sabha Secretariat, 6^th Edition, 2009

Rajya Sabha Rules of Procedure, Rajya Sabha Secretariat, 2010

Swachh Bharat Mission (Gramin)

Swachh Bharat Mission (Gramin)

Earlier this month, guidelines for the Swachh Bharat Mission (Gramin) were released by the Ministry of Drinking Water and Sanitation.  Key features of the Swachh Bharat Mission (Gramin), as outlined in the guidelines, are detailed below.  In addition, a brief overview of sanitation levels in the country is provided, along with major schemes of the central government to improve rural sanitation.

The Swachh Bharat Mission, launched in October 2014, consists of two sub-missions – the Swachh Bharat Mission (Gramin) (SBM-G), which will be implemented in rural areas, and the Swachh Bharat Mission (Urban), which will be implemented in urban areas.  SBM-G seeks to eliminate open defecation in rural areas by 2019 through improving access to sanitation.  It also seeks to generate awareness to motivate communities to adopt sustainable sanitation practices, and encourage the use of appropriate technologies for sanitation.

I. Context

Data from the last three Census’, in Table 1, shows that while there has been some improvement in the number of households with toilets; this number remains low in the country, especially in rural areas.

Table 1:  Percentage of households with toilets (national)

Year	Rural	Urban	Total
1991	9%	64%	24%
2001	22%	74%	36%
2011	31%	81%	47%

In addition, there is significant variation across states in terms of availability of household toilets in rural areas, as shown in Table 2.  Table 2 also shows the change in percentage of rural households with toilets from 2001 to 2011.  It is evident that the pace of this change has varied across states over the decade.

Table 2: Percentage of rural households with toilets

State	2001	2011	% Change
Andhra Pradesh	18	32	14
Arunachal Pradesh	47	53	5
Assam	60	60	0
Bihar	14	18	4
Chhattisgarh	5	15	9
Goa	48	71	23
Gujarat	22	33	11
Haryana	29	56	27
Himachal Pradesh	28	67	39
Jammu and Kashmir	42	39	-3
Jharkhand	7	8	1
Karnataka	17	28	11
Kerala	81	93	12
Madhya Pradesh	9	13	4
Maharashtra	18	38	20
Manipur	78	86	9
Meghalaya	40	54	14
Mizoram	80	85	5
Nagaland	65	69	5
Odisha	8	14	6
Punjab	41	70	30
Rajasthan	15	20	5
Sikkim	59	84	25
Tamil Nadu	14	23	9
Tripura	78	82	4
Uttar Pradesh	19	22	3
Uttarakhand	32	54	23
West Bengal	27	47	20
All India	22	31	9

II. Major schemes of the central government to improve rural sanitation

The central government has been implementing schemes to improve access to sanitation in rural areas from the Ist Five Year Plan (1951-56) onwards.  Major schemes of the central government dealing with rural sanitation are outlined below.

Central Rural Sanitation Programme (1986): The Central Rural Sanitation Programmewas one of the first schemes of the central government which focussed solely on rural sanitation.  The programme sought to construct household toilets, construct sanitary complexes for women, establish sanitary marts, and ensure solid and liquid waste management.

Total Sanitation Campaign (1999): The Total Sanitation Campaign was launched in 1999 with a greater focus on Information, Education and Communication (IEC) activities in order to make the creation of sanitation facilities demand driven rather than supply driven. Key components of the Total Sanitation Campaign included: (i) financial assistance to rural families below the poverty line for the construction of household toilets, (ii) construction of community sanitary complexes, (iii) construction of toilets in government schools and aganwadis, (iv) funds for IEC activities, (v) assistance to rural sanitary marts, and (vi) solid and liquid waste management.

Nirmal Bharat Abhiyan (2012): In 2012, the Total Sanitation Campaign was replaced by theNirmal Bharat Abhiyan (NBA), which also focused on the previous elements.  According to the Ministry of Drinking Water and Sanitation, the key shifts in NBA were: (i) a greater focus on coverage for the whole community instead of a focus on individual houses, (ii) the inclusion of certain households which were above the poverty line, and (iii) more funds for IEC activities, with 15% of funds at the district level earmarked for IEC.

Swachh Bharat Mission (Gramin) (2014): Earlier this year, in October, NBA was replaced by Swachh Bharat Mission (Gramin) (SBM-G) which is a sub-mission under Swachh Bharat Mission.  SBM-G also includes the key components of the earlier sanitation schemes such as the funding for the construction of individual household toilets, construction of community sanitary complexes, waste management, and IEC. Key features of SBM-G, and major departures from earlier sanitation schemes, are outlined in the next section.

III. Guidelines for Swachh Bharat Mission (Gramin)

The guidelines for SBM-G, released earlier this month, outline the strategy to be adopted for its implementation, funding, and monitoring.

Objectives: Key objectives of SBM-G include: (i) improving the quality of life in rural areas through promoting cleanliness and eliminating open defecation by 2019, (ii) motivating communities and panchayati raj institutions to adopt sustainable sanitation practices, (iii) encouraging appropriate technologies for sustainable sanitation, and (iv) developing community managed solid and liquid waste management systems.

Institutional framework: While NBA had a four tier implementation mechanism at the state, district, village, and block level, an additional tier has been added for SBM-G, at the national level.  Thus, the implementation mechanisms at the five levels will consist of: (i) National Swachh Bharat Mission (Gramin), (ii) State Swachh Bharat Mission (Gramin), (iii) District Swachh Bharat Mission (Gramin), (iv) Block Programme Management Unit, and (v) Gram Panchayat/Village and Water Sanitation Committee.  At the Gram Panchayat level, Swachhta Doots may be hired to assist with activities such as identification of beneficiaries, IEC, and maintenance of records.

Planning: As was done under NBA, each state must prepare an Annual State Implementation Plan.  Gram Panchayats must prepare implementation plans, which will be consolidated into Block Implementation Plans.  These Block Implementation Plans will further be consolidated into District Implementation Plans.  Finally, District Implementation Plans will be consolidated in a State Implementation Plan by the State Swachh Bharat Mission (Gramin).

A Plan Approval Committee in Ministry of Drinking Water and Sanitation will review the State Implementation Plans.  The final State Implementation Plan will be prepared by states based on the allocation of funds, and then approved by National Scheme Sanctioning Committee of the Ministry.

Funding: Funding for SBM-G will be through budgetary allocations of the central and state governments, the Swachh Bharat Kosh, and multilateral agencies.  The Swachh Bharat Kosh has been established to collect funds from non-governmental sources.  Table 3, below, details the fund sharing pattern for SBM-G between the central and state government, as provided for in the SBM-G guidelines.

Table 3: Funding for SBM-G across components

Component	Centre	State	Beneficiary	Amount as a % of SBM-G outlay
IEC, start-up activities, etc	75%	25%	-	8%
Revolving fund	80%	20%	-	Up to 5%
Construction of household toilets	75%(Rs 9000)90% for J&K, NE states, special category states	25%(Rs 3000)10% for J&K, NE states, special category states	–	Amount required for full coverage
Community sanitary complexes	60%	30%	10%	Amount required for full coverage
Solid/Liquid Waste Management	75%	25%	-	Amount required within limits permitted
Administrative charges	75%	25%	-	Up to 2% of the project cost

One of the changes from NBA, in terms of funding, is that funds for IEC will be up to 8% of the total outlay under SBM-G, as opposed to up to 15% (calculated at the district level) under NBA.  Secondly, the amount provided for the construction of household toilets has increased from Rs 10,000 to Rs 12,000.  Thirdly, while earlier funding for household toilets was partly through NBA and partly though the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), the provision for MGNREGS funding has been done away with under SBM-G.  This implies that the central government’s share will be met entirely through SBM-G.

Implementation: The key components of the implementation of SBM-G will include: (i) start up activities including preparation of state plans, (ii) IEC activities, (iii) capacity building of functionaries, (iv) construction of household toilets, (v) construction of community sanitary complexes, (vi) a revolving fund at the district level to assist Self Help Groups and others in providing cheap finance to their members (vii) funds for rural sanitary marts, where materials for the construction of toilets, etc., may be purchased, and (viii) funds for solid and liquid waste management.

Under SBM-G, construction of toilets in government schools and aganwadis will be done by the Ministry of Human Resource Development and Ministry of Women and Child Development, respectively.  Previously, the Ministry of Drinking Water and Sanitation was responsible for this.

Monitoring: Swachh Bharat Missions (Gramin) at the national, state, and district levels will each have monitoring units.  Annual monitoring will be done at the national level by third party independent agencies.  In addition, concurrent monitoring will be done, ideally at the community level, through the use of Information and Communications Technology.

source prs

Revenge of the East

The best tribute to the dead of Charlie Hebdo is the debate on freedom of speech that has now opened up.

The shocking killing of the cartoonists and staff of the Charlie Hebdo weekly in Paris has turned out to be a watershed event in that it has put the spotlight on the fundamental right to free speech and divided global opinion in ways which are perhaps unprecedented. The resurrection of the debate on the freedom of speech – its ideology and its practice in the world today – is perhaps the best tribute that can be paid to those who were shot for their writings and drawings.

A small publication with dwindling readership in France, Charlie Hebdo was practically unknown outside the country and definitely outside the Francophone world until the shootings. Along with the news of the killings, images of the cartoons, which were a staple of the magazine, started circulating; images that led the terrorists to kill the cartoonists. Most people who had never heard of or read Charlie Hebdo reacted with disbelief at these cartoons as these were, where they pertained to Islam and Muslims, clearly provocative and meant to lampoon. While the condemnations of the killings were forthright, many started asking questions whether these cartoons were appropriate and could be defended. In the global spread of the “I am Charlie” slogan where people identified themselves with the magazine and its right to publish these cartoons, a voice emerged that a condemnation of the killings could not lead to a defence ofCharlie Hebdo and its contents. These cartoons were seen to be racist, Islamophobic and sexist.

There is a disagreement over this characterisation of the weekly with many of its readers pointing out that it was anti-religious, anti-rightwing, pro-immigration and anti-colonial, with its editor and some other staffers long-time associates of the French Communist Party; that it poked fun at the Pope and Christian religious images far more than it did Islam or Muslims. However, those who criticise Charlie Hebdo’s humour and contents point out that laughing at a group of people who are discriminated and marginalised is very distinct from lampooning those in power. There are also questions about the politics of its aesthetics and the manner in which the caricatures reinforce racist prejudices against an already stigmatised minority.

For those who argue that Charlie Hebdo is in the long tradition of a particular form of eviscerating French humour, located in the historical ground of “Laïcité” and particularly sharp on religion and tradition, there is the counterargument that this historical ground also includes French colonialism and the racism that Muslims, particularly Algerians, face in France. The differential treatment of Jews and Judaism, who are not caricatured in the same manner as are Muslims and Islam, is used as an example to buttress the argument that Charlie Hebdo is racist.

What has been quite unprecedented is how quickly this has become a global debate, a conversation over time zones and political, cultural and legal divides. It is not the first time that there has been such a global conversation but this may be the first time that it has happened in a world connected through social media. The ramifications – that a rapidly growing number of people in the world are in something akin to direct conversation with each other – are enormous and will take time for us, its participants, to fully understand and appreciate. Is there a reconfiguration of the mental architecture, the mentalité, of people at a global scale? Are these the first signs of the emergence of a global public?

To return to Charlie Hebdo, the question that has emerged at the centre of this global conversation is whether the right to free speech is absolute or whether it is inherently contextual and conditioned by its genealogies stretching through capitalism and colonialism. There is clearly no agreement on this and there is unlikely to be one. But reading even a small selection of the mass of articles, blog posts, speeches and cartoons that have been expressed in response toCharlie Hebdo, the attack and the debate around the event, it is clear that both sides to the argument need to rethink and rework their positions. Just when the established middle ground of the old debates between rights and responsibilities, and between the rights to equality and liberty were beginning to get clarified into their two pole positions, new ways of looking at these old debates have begun to emerge.

The larger, long-term implications of this debate are still unclear to us, caught up as we are in the heat and dust of the present intellectual and political skirmishes. Yet it does seem that the debate will only flourish in the days to come, opening up new ways of understanding our world and of building solidarities, despite, it must be added, all the cynical attempts to appropriate the slogan of freedom of speech by those with blood on their hands.

What the attack on Charlie Hebdo and its global response suggests is that we now inhabit a world where the langueand parole of fundamental rights, like the freedom of thought and expression, can only be engaged with on a global scale. The revenge of the East is to force the West to engage in a truly universal conversation.

source epw

UPSC - PAPER 2 ( POLITY) -- ACCOUNTABILITY AND CONTROL

ACCOUNTABILITY AND CONTROL: Concepts of accountability and control; Legislative, Executive and Judicial control over administration; Citizen and Administration; Role of media, interest groups, voluntary organizations; Civil society; Citizen’s Charters; Right to Information; Social audit.

The readership of this blog is swelling day by day. This does go to show that irrespective of the reasons attached , Public Administration is still a subject of considerable interest to many.

So with that wonderful beginning we proceed to today's article which will discuss Accountability And Control in Administration and everything related to it as per the heading above.



CONCEPT OF ACCOUNTABILITY AND CONTROL:

ACCOUNTABILITY - Accountability is to take complete responsibility by a person or an organisation for what he/she or the organisation did or failed to do (which was their duty) and must be able to give a satisfactory reason for it and the use of authority entrusted in them to carry out that responsibility. It is to check whether a work was done or not and Accountabilty as a process is performed after the work is completed or is supposed to have been completed.

Civil servants though not directly accountable to the People or their representatives but they are Vigilance authorities and Ombudsman in all organisations to keep a tab on them and also they are indirectly accountable for their action/exercise of authority to the people through the political executive(who are answerable to the Houses of Parliament for their Ministries) and Courts of Law.
If there is no accountablility then the civil servants would turn in to despots(unfair/cruel rulers),arbitrary and corrupt.

RESPONSIBILITY - A job or duty that a person is entrusted with in order to perform and complete them.

AUTHORITY - The legal right to control.

CONTROL - The contemporaneous mechanisms to check whether work is being done and done in the proper manner as specified on time is Control. It is carried on simultaneously while work is being done through its various forms which will be discussed below.



DIFFERENCE BETWEEN ACCOUNTABILITY AND CONTROL:
Accountability happens after the job is complete or when some work has been done whereas control is performed simultaneously as the work is being done,side by side.



Types Of Accountability & Control:

1) Internal Control & Accountability : It is a part of the Administrative Machinery and work automatically and spontaneously with the movement of the machinery as self regulating devices and act as brakes in an automobile.
It comprises of -
 a) Budgetary control - Every department and official is given information about the amount of funds they have and they have to perform within it,if it goes overboard then they are accountable. These funds are passed by the Parliament/Legislature through voting and is not easy to get and once they are used they are audited by the CAG and the Finance Ministry sanctions funds to the departments and Ministries once Parliament passes it.

b) Personnel Management Control- Every official is made aware of his rank,grade and salary and there are rules and regulations that govern the work conditions and conduct of the personnel and if that is not followed and then a pre-prescribed punishment is meted out.

c) Organisational and Method/Management Control- Regular inspections are done and requisite training is provided to officials for efficient execution of their responsibilities.
d) Administrative Ethics and Professional standards - Moral and accepted beliefs of behaviour are promoted amongst officials.

e) Leadership- Leadership acceptance increases with an increase in hierarchy and position and that is encouraged to keep the motivation and morale of officials going. It should not be seen only in the negative light of a control mechanism for irrational patterns of individual's employees' activities but as a positive mechanism of harmonising individual's activities into rational patterns.

2) External Control & Accountability:
The controls within the constitutional machinery e.g. Legislative control,executive control,Judicial control. Public control through media, interest groups, voluntary organizations,Civil society,Citizen’s Charters,Right to Information,Social audit.are also a form of external control.
A thing to note is that external and internal controls are not exclusive categories but are interdependent and complement and supplement each other.
Lets discuss these in detail now.

IN DETAIL:
LEGISLATIVE CONTROL AND ACCOUNTABILITY - The legislature exercises general power of ' direction,supervision and control of Public administration ' as per Willoughby. Through budgetary review and other devices of investigation it keeps a check on them. The bureaucrat is shielded for his actions by the minister through the policy of ministerial responsibility to the legislature.

However, there are many means by the legislature to enforce responsibility in the executive,which are:

a) Control on delegated legislation: Normally the legislature is entrusted with the job of making laws but in complex and stressful conditions of the modern society,the State is caught up with many things at one time and is not able to concentrate and study a particular issue properly leads to a situation of delegated legislation or delegation(giving) of some of its law making powers to the administrative authorities.However,the administrative authorities are strictly subordinate or under the terms of the statute of the delegation and is subject to judicial review if it violated the terms of conditions of the agreement and its validity can be measured as well.
Delegated legislation has become a necessary evil as nowadays matters brought before the legislature to make laws are highly technical and usually the legislators do not possess such specialist knowledge and so lay down the general principles(basic ideas/rules) and leave the technical details to be sorted out to the administration to make the rules through the process of delegated legislation. It brings in flexibility and is immensely helpful in times of emergencies.
The legislature should clearly;y spell out the limit of the power delegated so that there is control maintained. The delegation should function under the rules and regulations of the agreement made between the legislature and them.It should be transparent and public should be allowed to participate. Judicial review is a must for the smooth and legal functioning of the delegated legislation.

b) President's speech: Addressing both the Houses of Parliament before starting every new session of the parliament and also on other occasions aims to broadly and clearly read out the policies and activities of the executive in the time immediately ahead. General discussion is then held regarding the president's speech and this gives an opportunity to the parliamentarians to appreciate or criticise the administration for doing or not doing their duties. President's speech is a means to bring in the public's voice in the parliament and not to coerce the parliamentarians as they follow the party guidelines.

c) Financial control: Parliament exercises control over the finance and funds given to administration for their various activities.
In detail:
i) Budget discussion: Before the financial year begins there is an 'annual financial statement' called the 'Budget' that is laid down before the houses of parliament. After that the general discussion takes place on it and all doubts are sought to be cleared. Then there is a voting done to pass it and then the funds are granted. So it is not an easy procedure to get funds.

ii) Audit Report: The CAG,an independent agency, audits all the accounts of income and expenditure of the govt at centre as well as States and causes to lay down the same before the parliament as well as legislatures of different states through the president and governor of respective states respectively to be reviewed and hold accountable the concerned people.

iii) Reports of the Estimates Committee and Public Accounts Committee of Parliament: The parliament appoints these committees from amongst themselves through voting and consensus. The PAC scrutinises the CAG's report and also reviews the financial transactions of governmental departments. Then there is an audit report compiled by the PAC that is presented for discussion and questioning before the House. The Estimates committee makes recommendations for improving organisation,securing economy and providing guidance and alternative policies and examine whether the money is well laid out within the limits of the policy implied in the estimates in the presentation of their estimates.

d) Other forms of Legislative Control:
i) Question hour - one hour,that is 11 a.m to 12 p.m. of every parliament day is reserved for questions where around 30-40 oral questions are asked normally and then there are supplementary questions along with the original question that helps cross examine the minister. It helps the public attention to focus on a particular issue and avoids ministerial and bureaucratic arrogance from creeping in.\

ii) Half an hour,short discussions,Calling attention motion - The half an hour discussion is subsequent to the question hour when there is dissatisfaction regarding a particular answer given by the concerned minister and so there is more time given to extract relevant information and ventilate public grievance,etc. Short discussions needs prior notice to the speaker and is of a matter of urgent public importance and the govt. has to reply. No voting takes place here and not more than two hours in a day can be devoted to this. The Calling Attention Motion is a tool used for drawing the govt's attention to a serious policy administration/implementation issue and the govt has to answer immediately once the motion is admitted by the speaker of the house or it may ask for time to prepare the answer if thorough detailing and understanding is required.

iii) Zero hour discussion: It happens after the question hour that is 12 p.m. and since 12 p.m. is also called zero hour therefore it is named 'Zero Hour'. Here upto five members are allowed by the Speaker to raise matters of public importance under rule 377(If in the opinion of the Speaker, any notice contains words, phrases or expressions which are argumentative, unparliamentary, ironical, irrelevant, verbose, or otherwise inappropriate, he may, in his discretion, amend such notice before it is circulated ) of the rules of parliamentary procedure.

iv) Adjournment debates: On intimation of an urgent matter for debate,the normal business of the House is adjourned and the debate on the topic ensues.

v) No-Confidence Motion: Also called censure motion. It is raised by a member or members when they express a lack of confidence in the govt for any reason.If the motion is allowed by the Speaker then the debate is held and at the end of it a vote of confidence is sought by the govt. failing which the entire cabinet/govt. has to resign thus leading to formation of a new govt.

vi) Debates on Legislation: Normal business of legislation where new laws are enacted or amendments are sought to existing laws.


e) Parliamentary Committees: Estimates and Parliament Accounts Committee we have already discussed so now we will discuss other relevant ones:
i) Committee on Assurances - It undertakes scrutiny of promises,assurances,undertakings,etc. given by the Ministers from time to time on the House floor and reports on: to the extent that they have been implemented and whether it has fulfilled the minimum conditions of its purpose. Thus making the Ministers wary of their promises and efficiently perform their duties through the administration.

ii) Committee in Subordinate Legislation - It controls and scrutinises the govt activities regarding administrative delegation of legislative powers.


LIMITATIONS TO LEGISLATIVE CONTROL:
So as we can see that the legislature keeps a stronghold on the govt as well as administration in every minute way.
Now, lets see how these are limited due to various reasons mentioned below:
1) Lack of time,staff and expertise and technical knowledge to exert effective control in the most meaningful areas.
2) No sustained measure of control and surveillance.
3) Imperial or rigid mindset of administrators and huge public illiteracy.
4) business groups lobbying.
5) Seniority instead of merit given preference for promotion of bureaucrats thus not letting them do their work with vigour and new ideas.
6) Declaration of emergency cuts their hands off.
7) Govt. bills to become laws out shadow private member's bills which are mostly for the public cause.
8) Funds are not provided many a times as the legislature lacks technical knowledge and is not able to understand the need by the executive for excess grants.
9) Parliament cannot raise money or any tax unless executive demands it but can only increase or reduce those demands.




EXECUTIVE CONTROL AND ACCOUNTABILITY:
In a parliamentary and democratic system of governance there is the political executive (govt.) and the permanent executive(bureaucracy) . Here will be discussing the political executive's control over the permanent executive where the permanent executive works under the political executive through ministries and departments and is responsible to the political executive who in turn is responsible collectively to the House of Parliament especially the House of the people or the Lok Sabha and that's how they are answerable to the people.

Lets discuss those controls in detail:
i) Recruitment and promotion system - The UPSC and state PSC's appoint and remove personnel however the general rules of appointment,eligibility,age,etc to these posts and the recruitment procedure is laid down by the govt. of the day.

ii) Executive law making: Through the process of delegated legislation as discussed above and ordinances ( rule made by the govt or president which is temporary in nature unless passed in due time by the Houses of parliament) in times of emergencies and is not questionable in a court of law however if the objective of the ordinance is not fulfilled then people can approach court for accountability.

iii) Budget: Explained before above.

iv) Staff agencies:Union Cabinet committees like Economic committee,Foreign affairs committee,etc whose task is to advise,direct and coordinate the ministries linked to the subject matter of these committees. Cabinet Secretariat which is headed by a civil servant called the Cabinet Secretary and a joint secy,two deputy secy,two under secy,two asst secy and four staff officers from the defence services.It deals with coordinating between various ministries and departments and the govt. and also maintains all details of meetings,deals with matters of organisation and personnel and presides over various committees on the behalf of the govt.



e) Civil service code for conduct and discipline:
Bureaucrats are supposed to be neutral and apolitical to carry out their duties and they have guidelines and rules laid down for correct and ethical behaviour which they follow lest they attract disciplinary action and suspension/dismission.



f) Appeal to Public Opinion: The bureaucracy is generally change resistant and likes to follow their own rules where the public is concerned and this is the reason for public dissatisfaction with the bureaucracy.Therefore,to counter this the bureaucracy is often seen being directed to coordinate with pressure groups and other voluntary organisations to carry out/implement public policy and this is how they connect with the people to maintain their status.



JUDICIAL CONTROL AND ACCOUNTABILITY:
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.An aggrieved citizen or party on his/her behalf can file a civil or criminal suit in the court if his rights have been violated or if any particular act of the legislature is ultra vires or unconstitutional that is is not in spirit of the constitution and has a corrupt objective it is struck down and made null and void by the courts of law.



CITIZEN AND ADMINISTRATION:
Citizens and administration are interconnected and interdependent as the job of public administration is to protect and provide services to citizens and they receive their salaries and funds from the taxes the citizens pay. And this relationship has come all the more in the limelight and importance due to the concept of welfare state.
There is generally a hostility between the two due to the rigid and high handed behaviour of public officials and the illiteracy of the public regarding their rights and political happenings that leads to the alienation between the two.

Channels of redressal for grieving citizens:

1)Redressal through parliament/legislature: It is the same as discussed above under Legislative control and accountability topic.

2) Judicial remedies: Same as discussed above under Judicial control and accountability topic. Apart from that a special mention should be given to Public Interest Litigation (PIL) where citizens who have been denied their rights due to any reason and maladministration but cannot approach the courts for relief due to social and economic constraints can approach through a group or NGO on their behalf.

3) Administrative tribunals(special court appointed by the govt): Central Administrative Tribunal deals with grievances of public or government employees(All India Services) and their service matters whereas the State & Joint Administrative Tribunals deals with employees of State public services. The Industrial Tribunals,Income Tax Tribunals,Railway rates tribunals etc deal with citizen's grievances concerned with that subject matter.

4) Lok Adalats have been set up to deal with ordinary grievances of citizens against the administration like pensions,utilities,telephones,compensation,etc and if the parties are not happy with the decision then they can approach the courts of law.

To deal with administrative corruption: 

i) Central Vigilance Commission: It is headed by a Central Vigilance Commissioner and deals with grievances of citizens involving corruption and lack of integrity on the part of governmental servants.
It takes into matters even complaints against the Union govt who is ruling and is to set up an enquiry or investigation through the concerned administrative Ministry/dept vigilance officers into the matter or ask the CBI to take charge. Complaints can come directly from grieving individuals as well s from other sources like press reports,audit reports,parliamentary committee reports ,etc. Each Ministry/dept has a chief vigilance officer and he is responsible for coordinating and guiding the activities of other vigilance officers of his ministry/dept and report to the Commission from time to time. The role of the CVC is advisory in nature.

ii) Ombudsman: Appointed by the legislature and deals with complaints made against the legislature or govt. In India its forms are known as 'LOKPAL' at the central level and 'LOKAYUKTA' at the State level. The LOKPAL is to deal with all complaints of corruption made by any citizen against the ruling govt and the Union/Central Ministers as well as State Ministers regarding any action taken by them and it should not be done more than five years ago. After the investigation is complete,the report will be submitted to the Prime Minister(where complaint is against Union Minister) or a Chief Minister ( Complaint against State Minister) as the case maybe. If the complaint is frivolous and based on malafide then it can be rejected and the complainant penalised or tried in a court of law.
However,sadly this bill is yet not passed in both the Houses due to obvious reasons.
The LOKAYUKTA deals with State level corruption complaints against State Ministers. The setting up of Lokayukta offices in the states is sparse and still many do not have one.


GRIEVANCE CELLS IN VARIOUS MINISTRIES AND DEPARTMENTS:
For speedy justice many ministries and departments of govt n centre as well as state have set up grievance cells headed by a grievance officer.



ROLE OF MEDIA:
Media is a collective/plural word for medium. And by media here we mean the various mediums of mass communication which is news channels,newspapers,radios,journals,magazines,etc. It airs public views and is a medium of connection between citizens and the State. It has wide reach. State policies and public views on it are disseminated through the media and thus helps both parties effectively leading to development of the country.It holds the political and permanent executive accountable to the people through its forums for debates,discussions and polls,etc.
There is the State controlled media that is the govt media which is more than often biased and then there is the pvt funded media that does lobbying for its investors and there is the independent media that is free from govt or corporate control and are small in reach.
However,what worries the people many a times is when the media resorts to unfair means and gets corrupt ending up as mouthpieces of various politicians and corporate houses. Therefore, It is necessary to regulate them from time to time regarding ownership and management. There should be a code of conduct along with a grievance redressal cell for each office of the public media. Local and folk media should be encouraged.



INTEREST GROUPS:
Interest group refers to virtually any voluntary association that seeks to publicly promote and create advantages for its cause. It applies to a vast array of diverse organizations. This includes corporations, charitable organizations, civil rights groups, neighborhood associations, professional and trade associations. They often resort to legal and illegal means,violent or peaceful and make the govt bow down to their cause and make a certain policy or amend certain policies by putting pressure on the govt and administration via their sheer number and financial as well as political strength.
There are two types of Interest Groups:
1) Sectional Interest Groups: Work for interests of a particular section like for example writers association or teacher's association,etc.
2) Promotional Interest Group: Work for public good and not any particular section. Example - Group against child labour,etc.
They help in holding the govt and administration accountable because people have confidence in them.



VOLUNATRY ORGANISATIONS:
 Voluntary association or union (also sometimes called a voluntary organization,unincorporated association, or just an association) is a group of individuals who enter into an agreement as volunteers to form a body (or organization) to accomplish a purpose. They are to confirm to a certain requirement. There should be a formal structure and the members should be free of any vested or personal interests and work for the public good.
Three types of Voluntary organisations:
a) Service oriented voluntary organisations - Provide certain services like care of old age people,orphans,etc.
b) Mutual Aid Voluntary organisations - Collectively help each other like for example self help groups.
c) Resources and Coordination providing voluntary organisations - Specifically provide expertise and information relating to something for public purpose for example micro finance institutions,etc.

Good governance has brought these organisations into the limelight and they are of great importance to the govt while formulating as well as implementing policies as they are close to the people and have their trust and have grass root level expertise and knowledge of issues and help in people participation. Thus they hold the govt and administration accountable in various times by ensuring public participation and making administration transparent.



CIVIL SOCIETY:
Civil society is the arena outside of the family, the state, and the market where people associate to advance common interests. It is sometimes considered to include the family and the private sphere and then referred to as the "third sector" of society, distinct from government and business.Dictionary.com's 21st Century Lexicon defines civil society as 1) the aggregate of non-governmental organizations and institutions that manifest interests and will of citizens or 2) individuals and organizations in a society which are independent of the government. Sometimes the term is used in the more general sense of "the elements such as freedom of speech, an independent judiciary, etc, that make up a democratic society".
NGO's and NPO's are part of civil society. However there is no unanimous view to define civil society and it keeps changing.
The civil society also does include political parties and professional organisations. They help encourage public interest and participation and helps in formulation and implementation of policies of govt. as well as bring core issues of concern in the eyes of the govt to take care of.



CITIZENS CHARTERS:
It is a charter that seeks to make administration people friendly and incorporates the following in it to enforce the above:
1) Responsibilities of an agency
2) Standards while performing these responsibilities.
3) Mechanisms for grievance redressals.
It began in UK with the mission that administration should be responsive. 
For a successful citizens charter it should possess six major principles:
a) Setting the standards - Standardisation of services so that there is a standard maintained and nobody falls below that.
b) Information and openness- Citizens should get all relevant information.
c) Choice and consultation-People should be consulted while formulating as well as running it in order to gauge its effectiveness else it is redundant because it is made for the people only.
d) Putting things right-Things should be made right and done the correct way
e) Value for money-The money charged should not be exorbitant and should satisfy the consumer.
f) Courtesy and helpfulness- The personnel should be courteous and helpful always.

In India this mechanism is yet to be developed and matured and the organisations that possess it either do not display it or people are not aware of it and thus are fooled by the employees.



RIGHT TO INFORMATION:
It is the citizen's right to know and right to information regarding administration and its performance.
This has helped bring immense transparency and efficiency in the administration since it was implemented in 2005 in India. It was hailed that the fundamental rights of ' freedom to speech and expression' as well as right to life cannot be fulfilled and safeguarded without relevant information.
Tamil Nadu was the first to implement this act in its state and now almost all states have followed suit. Each central level government office or organisation has to have a RTI cell headed by a Public Information Officer who will receive RTI's from common citizens and is to disseminate the relevant information within the time specified usually 30 days to provide an answer to the appellant. But if there is a threat to life of the applicant than that information is to be provided within 48 hours and if the information is regarding a third party then  it has to be provided within 45 days.
The RTI department is headed at the Central level by the Chief Information Officer and his subordinates.
At the state level there is the State Chief Public Information Officer and his subordinates.
Appellate authorities:
If the applicant does not receive a answer or does not receive a satisfactory answer where information is denied then he/she can approach the appellate authority which are:
a) First appellate authority: Should be an officer senior to that of the Public Information officer in that agency and designated as the appellate authority.
b) Second appellate authority: If still unsatisfied or denied information the applicant can then approach directly to the State Chief Public Information Commissioner and then the Central Chief Information commissioner which is provided on the website of each govt. organisation and the Chief Information Commissioner's official website.

The tenures of the Chief Information Commissioner and his State counterparts are secured for 5 years or 65 years,whichever comes earlier. They are appointed by the President on consultation with PM,opposition leader and cabinet ministers.
At the state level,the authorities are appointed by the Governor and a committee appointed by the governor. They are not eligible for reappointment but a State Chief Information Commissioner can be promoted to the rank of Central Chief Information Commissioner but still it should be within his 5 years tenure. They can be removed from office for proven misconduct by the president at centre and governor for state level.
In case of delaying information,destroying evidence,malafide information provided,denying information by any agency or organisation of the centre or state govt like UPSC,UKPSC,RAILWAYS,etc then the Chief Information Commissioner of centre as well as states can penalise the Public Information officers of those organisations and other officers there to the tune of rs 250 per day to maximum rs 25000 which will be recovered from their salary/pension. The commission's verdict can be challenged in the High Court and Supreme Court.

Only restricted information can be withheld from the public that can cause:
a) Contempt of court
b) Affects national safety and security
c) Affects Intellectual property rights and trade secrets and competition
d) Affects privacy of individuals
e) Breaches the privileges provided by the constitution to the elected representatives

Any act which goes contrary to the RTI act will be considered null and void ( the acts are section 5 of the official secrets act and Indian evidence act).
If an application has been sent to the wrong dept then also it cannot be rejected and it is the duty of the receiver to redirect it to the concerned dept and PIO within 5 days as the information has to be provided to the applicant within 30 days.
If there are some information that cannot be provided for the above mentioned reasons in an application but 2-3 other questions can be answered then the whole application will not be rejected and the relevant information will be provided for those 2-3 questions.

However,people need to be educated and should on their own get educated about this act and mechanism and there needs to be a proper system that should be in place and also there is a lot of corruption that goes on here as a corrupt officer does not worry about giving rs 25000 and file notes are put on files and then removed as and when required when it is to be said that do not provide this information,so the culprit is not able to be caught. Therefore, stringent measures are needed. People need to be educated that if they are not satisfied by anything and all rules have been  violated after the application was made then they should approach the courts and sort things out only then this corruption will end.



SOCIAL AUDIT:
Audit is a mechanism to appraise loyalty of expenditure and revenue to check whether the mandate has been followed as specified and the purpose is achieved.
Different types of audit:
a) Regulatory audit: To check whether there is fraudulent activities going on.
b) Proprietary audit : Money may not have been spent economically and is wasted. This audit helps check that.
c) Performance audit: Nature of spending or earning may not come out with the required result/objective. This type of audit helps check the functional(job related) and structural level(organisation) in performance and increases efficiency.

Social audit is a contemporary version of Audit and not only takes into consideration economical activities but also social and cultural aspects by taking a holistic view of policy impact. It does a detailed study of socio-politico-economic-psychological dimensions of the society and also the environmental dimensions in order to bring about true development of the country and its people.
To conduct a social audit proper and measurable indicators as well as techniques and skills/expertise as well as unbiasedness are required and are employed by bringing in civil society too along with the government. Panchayats are a big help in this. Once problems are identified then actions and steps are taken that are relevant to cure and prevent the issue from cropping up in future.