I. Control Over Administration

Three primary control mechanisms are discussed:

• Legislative Control: Parliament/State Legislative Assembly control over civil servants.

  • Methods:
    • Question Hour (Starred, Unstarred, Zero Hour)
    • Half-an-hour debate (thrice a week in Lok Sabha)
    • Two-hour debate (once a week)
    • Various motions: Calling Attention Motion (since 1954), Adjournment Motion (requires 50 MPs), Censure Motion, No-Confidence Motion (requires 50 MPs).
    • Annual Report of CAG (Controller and Auditor General): Audits government spending and is reviewed by the Public Accounts Committee.
    • Financial Committees: Public Accounts Committee, Estimates Committee, Committee on Public Undertakings, Joint Parliamentary Committee (JPC).
  • Limitations:
    • Unilateral control by politicians: Lack of opportunity for civil servants to present their side.
    • Lack of specialization among MPs/MLAs leading to superficial questioning.
    • Large size of legislature diminishes individual MP/MLA influence.
    • Questions driven by self-advertisement rather than genuine concern.
    • Nexus between ministers and bureaucrats.
    • Corruption within the legislature (e.g., Operation Duryodhan).

• Executive Control: Control exerted by Prime Minister, President (Central), Chief Minister, Governor, and Council of Ministers (State).

  • Methods:
    • Political direction by ministers in policy formulation.
    • Ministerial oversight of civil servant termination, transfer, and suspension.
    • Enforcement of the Code of Conduct (e.g., All India Services Code of Conduct, 1954).
    • Control through ordinances (Presidential/Governor).
    • Delegated legislation.
    • Control by the Finance Department.
  • Limitations:
    • Ministerial selection based on caste/region rather than qualification.
    • Lack of specialization among ministers.
    • Frequent portfolio changes.
    • Nexus between ministers and bureaucrats.

• Judicial Control: Control through the judiciary (Supreme Court, High Courts, subordinate courts).

  • Methods:
    • Ordinary Remedies: Review of rules and regulations, appeals against government/civil servants, review of delegated legislation.
    • Extraordinary Remedies: Writs (Article 32 for Supreme Court, Article 226 for High Courts), Public Interest Litigation (PIL).
  • Reasons for Judicial Interference: Lack of jurisdiction, abuse of power.
  • Limitations:
    • Limited number of judges.
    • Expensive and time-consuming process.
    • Overburdened courts ("Uncle Judge Syndrome").
    • Lack of specialization among judges.
    • Judicial overreach (constitutionality debates).
    • Post-mortem approach (acting after the event).

II. Citizen's Charter

• Origin: Started in 1991 by British PM John Major. First discussed in India at the Chief Secretaries' Conference (1996) and introduced at the Chief Ministers' Conference (1997) under PM I.K. Gujral.
• Implementation: First implemented by the Food and Civil Supplies Ministry and Revenue Department (1999).
• Elements:
  • Public office objective/vision.
  • List of services provided.
  • Division of work.
  • Complaint procedure.
• Importance:
  • Increased transparency.
  • Reduced corruption.
  • Increased public awareness and participation.
  • Enhanced credibility and faith.
  • Ensured effective resolution of public grievances.
  • Increased accountability of public officials.
  • Improved administrative efficiency.