Assignment Code: BPAC-133/ASST/TMA/2021-22

Course Code: BPAC-133

Assignment Name: Administrative System at Union Level

Year: 2021-2022

Verification Status: Verified by Professor

Assignment A

Answer the following in about 500 words each.

Q1. Briefly discuss the central and provincial administrative structure of the Mughal administrative system. 20

Ans) Emperor Akbar created the Mughal government, which was continued by his two successors, Jahangir and Shah Jahan. But Aurangzeb changed the administrative system and implemented regressive measures. That is until the East India Company entered the trade and commerce sector and quickly took over authority.

Central Administration

The monarch had a number of ministers to advise and help him. ‘Diwan' was in charge of revenue and finance, ‘Mir Bakshi' was in command of the military, ‘Mir Saman' was in charge of factories and stores, and ‘Sadr-us-Sudhar' was in charge of the ecclesiastical and judicial departments. The king was free to make rules for the realm, but not without the Quran.

A News Writer and Daroga-i-Dak-Chauki were also present. The king appointed the News Writer on the advice of Mir Bakshi. This office normally lasted five years. The News Writer was to keep the Sultan informed of developments throughout the kingdom. He was expected to verify the veracity of news reports and news sources, for which he was occasionally awarded (otherwise, for unreliable news punishment was meted out). The News Writers were expected to report to the king weekly.

The Postal Department was under the charge of a Daroga-i-Dak-Chauki. It was his duty to ensure that the news from various parts of the kingdom was carried to the Sultan without any delay. For this purpose, horses were kept ready. The Daroga-i-Dak-Chauki was assisted by other officials like Additional Darogas.

Provincial Administration

Provinces spanned the kingdom. The number of provinces varied between Mughal kings. For example, Akbar had 15 provinces, whereas Jahangir and Aurangzeb had 17 and 21, respectively.

There were officers in charge of several areas, as follows:

Subedar

Each province had a Subedar, or Governor. During Akbar's reign, this official was called Siphasalar. The Subedar was a provincial mini-king responsible for maintaining law and order, controlling the local army, collecting State dues, and administering justice. Usually, the king appointed royal family members or nobility to this position. But he was also guided by the notion of ability in official selection. Some of the Subedars were extremely young and were chosen for their abilities. The Subedar ruled under the Sultan's authority and remained in office as long as the latter wished him well.

Diwan

The Diwan was appointed by the Sultan to assist the Subedar in provincial administration. During the Mughal dynasty, this office was considered equal to Subedar. However, he did not have the same rights as his counterpart. The Diwan was in charge of the provincial budget and tax collection.

Sadar

Sadar was appointed by the king and was free from Diwan or Subedar interference. He was a scholar and a holy man. He used to dole out land and alms He supervised the Qazi and the Mir Adil.

Amil

Amil was a revenue collector who also had other tasks. He looked after agricultural land and helped farmers cultivate barren terrain. He also contributed to maintaining provincial peace and supervised revenue collectors, Karkuns, and Mukkadamas.

Bakshi

The office of Bakshi was identical to that of Amil. He supervised the work of the Qanungos6 and kept a record of various contracts entered into by the monarchy. He also kept a full record of the cultivatable and barren land, as well as income and expenditure from those lands. He sent statement of annual income and expenditure to the king.

Q2. Critically analyse the division of powers under Indian Constitution. 20

Ans) As per the Indian Constitution the division of powers has been broadly outlined in three areas, namely, legislative, administrative, and financial. Each of them is discussed separately below:

Legislative Sphere

The Seventh Schedule divides legislative powers across three lists. The three lists are Union, State, and Concurrent. The Union List originally had 97 subjects and now has 100. Defence, war and peace, railways, foreign affairs, etc. The State list contains areas like public health, agriculture, police, irrigation, prisons, and others that the states are free to manage. On the Concurrent List, which used to be 47 subjects but is currently 52, both the federal and state governments can legislate. In a dispute, the Centre wins. The Constitution leaves the Union government with residuary themes, which are not covered in any of the three categories.

Administrative Sphere

Articles 257, 258, 262, and 263 of the Indian Constitution deals with the administrative arrangement between centre and the states. Article 257 provides that the states will exercise their executive powers in such a way, as not to impede or prejudice the exercise of executive powers of the Union. The GoI may give directions to a State, as may appear to it necessary for the purpose. Article 258 provides that the President can conditionally or unconditionally entrust to the states functions to, which the executive power of the Union extends. Article 262 empowers the President to provide the law for adjudication of any dispute among States with respect to the use, distribution, and control of river waters. Article 263 deals with the establishment of an Inter-State Council. All these provisions do ensure a cordial relationship between the two levels of government. However, during an emergency, the power to give directions to the state vis-à-vis the exercise of executive power relating to any matter rests with the centre.

Financial Sphere

In a federal set up, it is necessary that the division of legislative and executive powers must be accompanied equally by division of financial powers and resources too. Article 264 to 300 of the Constitution provide for allocation of financial resources:

Exclusive Financial Sources of Union Government

The Union List lists the revenue streams that are solely within the Union's jurisdiction. The List includes corporate tax, currency, foreign exchange, customs and export charges, income tax, estate duty, postal and telegraph services, and railways.

Financial Sources of State Governments

Capitation taxes, duties on agricultural land succession, agricultural income taxes, land revenue, taxes on land and buildings, excise duty on goods produced or manufactured in the states, such as alcohol, opium, and other narcotics; taxes on electricity consumption, taxes on sale of goods other than newspapers, taxes on goods and passengers transported by road or inland waterways, taxes on luxuries, and taxes on entertainments and amusements are all revenue sources.

Taxes Levied by the Union but Collected and Appropriated by States Indian Federalism

Article 268 specifies that certain taxes will be imposed by the Union but collected and appropriated by the states. These are the following: Stamp duties apply to bills of exchange, cheques, promissory notes, bills of lending, letters of credit, insurance policies, and stock transfers, among other things. Excise charges on alcoholic and opium-containing medical and toilet remedies.

Taxes Levied and Collected by Union but Assigned to States

Article 269 of the Constitution establishes a system of duties and taxes that are imposed and collected by the federal government but distributed to the states. Taxes on railway fares and freights, fees on the sale and purchase of publications, and terminal taxes are only a few examples.

Assignment B

Answer the following in about 250 words each.

Q3. Examine central, provincial, and local administrative system in the period of Mauryan administrative system. 10

Ans) The Mauryan government was very centralised. The government was organised into three levels: national, provincial, and municipal.

Central administration

The king was the highest authority in the land. Mantri-Parishad was a council of ministers (mantri) that aided the king. Mantri-Parishad-Adhyaksha was the head of the council. The following officials were also present:

Tirthas - Highest category - 18 in number

Adhyakshas - Ranked next to tirthas - 20 in number

Mahamattas - High-ranked officials

Amatyas - Secretary

Adhyakshas were organised into a secretariat with many departments. For instance, Lohadyaksha is the Superintendent of Iron, Sulkaadyaksha is the Superintendent of Tolls, and Navadhyaksha is the Superintendent of Ships.

Provincial Administration

The entire Empire was divided into two parts:

1. The kingdom that was under the direct rule of the King, and

2. The vassal states

The King's direct administration over Mauryan territory was divided into a number of provinces known as 'Janapadas.' Taxila, Ujjain, Tosali, Suvarnagiri, and Pataliputra were the capitals of Ashoka's five provinces. Each province was divided into a number of districts, which were then subdivided further into a number of units.

Local administration

The district administration was overseen by 'Rajukas,' who served in a similar capacity to today's district collectors. 'Yuktas,' or subordinate officials, aided him. There was a Municipal Board with 30 members in the city.

'Gramani' was in charge of local administration, while his superior, 'Gopa,' was in control of ten to fifteen villages. Censuses were conducted on a regular basis, and village officials were tasked with counting the population and recording information such as castes and occupations. They had to count the animals in each house as well.

Q4. Highlight the features of the office of Cabinet Secretary. 10

Ans) The following points highlight the Cabinet Secretary's responsibilities, powers, and functions. He or she is known as:

1. The central administration's Chief Coordinator.

2. Chairperson of the senior selection board, which appoints officials to the central secretariat's joint secretary position.

3. In the central secretariat, selects individuals for the positions of secretary and assistant secretary.

4. Chairperson of the Secretaries of State Committee on Administration, which is charged with resolving inter-ministerial conflicts.

5. Preside over the Chief Secretaries' Conference, which is conducted once a year.

6. In all administrative and policy matters, the PM's chief advisor.

7. Approves a minister's decision to file a defamation complaint against a newspaper's publisher or auditor. In this regard, a Cabinet Secretary has the authority to act without consulting the Prime Minister.

8. "As a head of the civil services, the Cabinet Secretary ensures that civil servant morale remains strong," Ramesh K.Arora and Rajni Goyal write. He/She serves as a buffer between politicians and civil officials, protecting the latter's interests in times of conflict...."

9. Acts, which provide as a link between the PMO and numerous administrative agencies, as well as the civil service and the political system.

According to a previous Cabinet Secretary, the cabinet secretary serves as the PM's eyes and ears, allowing him to keep up with the official conduct of business in the federal government. A Cabinet Secretary is a member of the staff... his or her job is to assist rather than to supervise.

Q5. Elaborate the constitutional provisions, composition, and functions of Union Public Service Commission. 10

Ans) The constitutional provisions, composition, and functions of Union Public Service Commission are described below:

Constitutional Provisions

The Government of India Act of 1919 created the Public Service Commission. The Lee Commission campaigned for a CPS in 1926. This commission was renamed the Federal Public Service Commission in 1937. The Commission was renamed after India's independence in 1947. The Union Public Service Commission was formed in 1950 after the Indian Constitution was adopted (UPSC). The Constitution defines three Public Service Commissions. There are three types of PSCs: Union, State, and Joint.

Composition and Functions

The UPSC has a chairperson and members. The Indian Constitution does not stipulate the number of members but allows the President to decide. The strength is normally six to ten members. The UPSC was founded in 1950 with four members and a chairperson. The UPSC currently has a chairperson and ten members.

The Commission's duties are usually advisory. It must function as a neutral expert authority on service issues. The Commission advises the Union Government in the following matters.

1. Concerns about civil service and civil post recruitment methods.

2. When making civil service appointments, promotions, and transfers, principles should be followed. It also specifies standards for judging the suitability of candidates for such jobs, promotions, and transfers.

3. Any disciplinary proceedings involving a person working for the Union Government in a civil capacity, including memoranda or petitions referring to such concerns.

4. Any demand by or on behalf of any such individual serving or having served in a civil capacity under the Union Government that the expense of defending legal actions brought against him/her in connection with official activities be paid out of the Consolidated Fund of India.

5. Any other subject to which the President may refer the Commission from time to time.

It's vital to keep in mind that the Commission only acts as an advisory body in the instances mentioned above, and its recommendations aren't legally binding on the government. It must also submit to the President an annual report summarising its accomplishments.

Assignment C

Answer the following in about 100 words each.

Q6. Write a short note on Montague-Chelmsford Reforms 1919. 06

Ans) The Montagu–Chelmsford Reforms were introduced by the colonial government to gradually install self-governing institutions in British India. It was named after Edwin Montagu, Secretary of State for India from 1917 to 1922, and Lord Chelmsford, Viceroy from 1916 to 1921. The reforms were proposed in the 1918 Montagu-Chelmsford Report, which became the Government of India Act 1919. The constitutional reforms. Indian nationalists criticised the reforms, as did British conservatives.

This was done to gradually realise a responsible administration in British India. In keeping with the Preamble's spirit, the Reforms provided for total public control in many local government domains.

Q7. List out the special powers of Rajya Sabha. 06

Ans) Special Powers of Rajya Sabha are:

1. The Rajya Sabha serves as a vital check and balance under the Indian constitution.

2. The Council of States, unlike the president, legislature, and judiciary, works to alleviate federal tensions.

3. The authors of the Indian constitution sought to create a revisionist chamber to counteract the lower house's quick legislation.

4. Vulnerable Groups Representation

5. In the Lok Sabha, women and minorities are underrepresented.

6. They would have to be indirectly elected to the Rajya Sabha in order to participate in the legislative process (through propositional representation).

7. The authority to transfer a person from the State List to the Union List on a temporary basis (Article 249).

Q8. What do you mean by Judicial Activism? 06

Ans) Judicial activism is the use of the judicial review power to overturn government actions. In general, the phrase is used to describe unfavourable uses of power, but there is little consensus on what constitutes an unfavourable use of authority.

Judicial activism is the use of judicial power to express and enforce counter-ideologies, which, when successful, results in significant re-codifications of power relations within governance institutions. The near collapse of responsible government and the pressures on the court to intervene and make political or policy decisions provide justification for judicial activism. The assertiveness of judicial power is described by terminology like 'Judicial Activism' and 'Judicial Restraint.'

Q9. Discuss the composition of Finance Commission. 06

Ans) Article 280 specifies that the Finance Commission's overall strength be comprised of a chairperson and four other members. The Chairperson and members must meet the requirements set out in Section 3 of the Finance Act of 1951. 'The Chairperson of the Commission shall be selected from among those who have or have had expertise in public affairs,' according to the Act.

The remaining members will be chosen from among those who: 1) are or have been appointed as a High Court Judge; or 2) have experience in financial and accounting concerns; or 3) are profound administrators; or 4) have expertise in economics.

Q10. Describe the functions of Telecom Regulatory Authority of India. 06

Ans)

1. TRAI's key responsibilities are to ensure technical compatibility and interconnection between different service providers, as well as to regulate their revenue-sharing arrangements. Ensure that licence requirements are followed, and that non-compliance results in a devaluation of the licence.

2. To safeguard consumers' interests, monitor service quality, check network equipment, and make suggestions about such equipment; To maintain an open register of interconnect agreements and to resolve disputes between service providers. Service fees should be charged, and universal service obligations should be enforced.

3. To perform any additional administrative and financial obligations that the Central Government may designate.