💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • Case for an anti-discrimination law

    Context

    “Silent segregation” on the grounds of marital status, gender, sexual orientation or eating preferences are followed in several housing societies and residents’ associations. Legal remedies are needed for its victims.

    Issue of the prevalence of discrimination on various grounds

    • The recent Pew Research Center Report has confirmed that a substantial number of Indians prefer not to have a person from a different religious community as their neighbour.
    • The absence of a proper legal recourse for those who suffer from housing discrimination only makes matters worse.
    • Social prejudice against members of the LGBTQIA+ community in the country remains strong, despite Section 377 of the Indian Penal Code was read down by the Supreme Court of India.
    • In April, the Supreme Court, in Patan Jamal Vali vs State of Andhra Pradesh, recognised intersectional discrimination.
    • It is discrimination on the basis of the intersection of personal characteristics, such as that faced by Dalit women as Dalits, as women and in the unique category of Dalit women.
    • Discriminatory practices may also be indirect in nature, whereby policies that seem neutral and not expressly targeted at a particular group, still cause a disproportional adverse impact on disadvantaged sections of society.

    Why Article 15(1) is not enough

    • Article 15(1) of the Constitution of India prohibits the state from discriminating against individuals on basis of certain protected characteristics such as religion, race, caste, sex and place of birth.
    • But it does not bar private individuals or institutions from doing what the state is not permitted to.
    • Nor does it expressly list ethnicity, linguistic identity, nationality, marital status, sexual orientation, disability, physical appearance and other personal characteristics as prohibited grounds of discrimination.

    We need a comprehensive anti-discrimination legal framework

    • A comprehensive anti-discrimination legal framework is required to fill the existing legal lacunae.
    • India is one of the few liberal democracies without such a framework.
    • The Sachar Committee, in 2006, recognised the need for an anti-discrimination law.
    • This was further reiterated by the Expert Group on Equal Opportunity Commission headed by Prof. N.R. Madhava Menon.

    Way forward

    • The States can lead the way, by enacting anti-discrimination laws in their respective jurisdictions.
    • States have a vital role in strengthening our right to equality.
    • The State legislature can use its powers under Entry 8 of List III in the Seventh Schedule to the Constitution to enact an anti-discrimination law.
    • And if States take the initiative, the demand for a national anti-discrimination law to cover services and institutions under the domain of the Union government will be reignited.
    • The law should have provisions that prohibit employers, landlords, traders, service providers, private persons performing public functions, and public authorities, from discriminating.
    • Law should prohibit discrimination on grounds of caste, race, ethnicity, descent, sex, gender identity, gender expression, pregnancy, sexual orientation, religious identity, tribe, disability, linguistic identity, HIV-status, nationality, marital status, dietary preference, skin tone, physical appearance, place of residence, place of birth, age or analogous characteristics which are beyond the control of an individual or those that constitute a fundamental choice.
    • The law should also balance the anti-discrimination mandate with other rights guaranteed by the Constitution.
    • The anti-discrimination mandate can be restricted in pursuance of a legitimate objective.
    • Affirmative-action provisions can be included whereby public authorities are obliged to progressively realise diversification of their workforces.

    Consider the question “Article 15(1) of the Constitution of India prohibits the state from discriminating against individuals on basis of certain protected characteristics. But it does not bar private individuals or institutions from doing what the state is not permitted to. In light of this, discuss the need for anti-discrimination law in India and its provisions.”

    Conclusion

    We must recognise that anti-discrimination law is not a panacea for the problems of inequality and social prejudice that are deeply rooted in our society. Nevertheless, it is a necessary step — an idea whose time has come.

  • Arbitration in India: Issues

    Context

    Plagued by delays and rising costs, arbitration in India needs urgent attention. The pandemic has only worsened the situation.

    Issues with arbitrations process in India

    • Arbitrations in India suffers from rising costs and sluggish proceedings.
    • Arbitration proceedings are often dragged on by lawyers on either side filing misconceived applications at various stages of the proceedings.
    • Litigants, too, at times contribute to this delay with their stubbornness in not conceding a loss or defeat.
    • The courts have narrowed down the scope of judicial interference under Section 34 of the Arbitration and Conciliation Act.
    • The very limited recourse for setting aside an arbitral award under the Act invariably means that it will be upheld, even if it appears unfair or illogical.
    • The aggrieved party may well be stuck with the award and precluded forever from challenging it.
    • Arbitration hearings are generally held in camera, and decisions are usually not publicly accessible, giving rise to doubts about impartiality and fairness.
    • Arbitration proceedings have become more complex with time.
    • The Supreme Court, in Guru Nanak Foundation v. Rattan Singh and Sons, had expressed disappointment against the procedural delays and tardiness in the resolution of disputes through arbitration.
    • Even the clauses providing for fees of the arbitrators and fixed timelines for disposal are often disregarded by the players
    • The inevitable consequence of these drawbacks is a slow departure of the biggest litigant, the government, from the arbitration spectrum.
    • A sector that is dominated by approvals, protocols and scrutiny, uncertainty about the budget outlay towards arbitrations and unexpected delays in disposal does not inspire confidence and detracts from the sanctity of the process.

    Way forward

    • Arbitrators have endeavoured to simplify the proceedings by limiting the pleadings, insisting on written arguments, reducing the number of sittings and laying down a schedule for various milestones.
    • Some restraint is needed from all quarters to bring its wheels back on the tracks. These are:
    • A small check on the arbitral fees and timelines.
    • Careful drafting of arbitration clauses.
    • Stringent procedural safeguards to curb delays.
    • Expeditious disposal of the court proceedings and legislative intent towards all of the above.

    Consider the question “What are the issues faced by the arbitration in India? Suggest the measures to deal with these issues.” 

    Conclusion

    Arbitration still has the inherent potential and characteristics to outperform other modes of dispute resolution, but for that to happen, some changes are a must.

  • Guidelines by the Supreme Court in the migrant labourers case

    Context

    The Supreme Court on June 29 pronounced its judgment in the migrant labourers case. The case was initiated last year after the national lockdown was announced on March 24.

    Guidelines laid down by the Supreme Court

    • Two of the most important components to protect the migrants during this time were the food and travel arrangements insisted on by the court.
    • In the orders pronounced in May this year, it laid down that dry ration be provided to migrants who want to return to their homes.
    • Further, the court said that identity proof should not be insisted upon by the governments since the labourers might not be able to furnish it.
    • Secondly, the court called upon the State governments to arrange transportation for workers who need to return to their homes.
    • The Supreme Court fixed July 31 as the deadline for the States to implement the ‘One nation One Ration Card’ scheme.
    • Apart from dry ration, the top court also directed the State governments to run community kitchens for migrant workers.
    • In the order passed on June 29, the court affirmed the Right to Food under Article 21 of the Constitution.
    • In furtherance of this, the court asked the States to formulate their own schemes and issue food grains to migrants.
    • The top court recognised the need for direct cash benefit transfer to workers in the unorganised sector.
    • But it did not issue any guidelines for the same.

    Challenges

    • The Supreme Court has given a purposive declaration in the case but the bulk of the judgment seems declaratory rather than mandatory. 
    • Under the ‘One nation One Ration Card’ scheme, the States are to complete the registration of migrant workers in order to provide dry ration to them.
    • But it is unlikely that a standardised system can be developed within the deadline prescribed by the court.
    • There are administrative problems in running community kitchens for migrant workers.
    • First, migrant workers keep moving in search of employment and it is difficult to cover them all under the scheme.
    • Second, many States do not have the necessary infrastructure to run and maintain community kitchens on such a large scale.
    • The court asked the States to formulate their own schemes and issue food grains to migrants, but there are no normative data that would allow the States to identify eligible migrants.

    Conclusion

    In order to efficaciously implement the orders of the court, the State governments need to work with the Centre closely. It is imperative to ensure that government machinery works to its full potential and robust systems are developed to withstand the challenges of the looming third covid wave.

  • Vacancies send a wrong signal

    Context

    For months on end, top slots in important government agencies like NHRC, CBI, Election Commission, NCERT etc remain vacant affecting the governance.

    Vacancies in various agencies

    • The post of the Chairman of the National Human Rights Commission was kept vacant until June this year.
    • The post of the Director of the Central Bureau of Investigation (CBI) had been vacant since February until the recent appointment.
    • The Chief Election Commissioner (CEC) retired on April 12 leaving just two members in the Commission. 
    • The Centre appointed the new Election Commissioner in June.
    •  Of the 40 Central universities across the country, nearly half are without regular Vice-Chancellors.
    • Officers holding additional charges exist in various ministries, commissions and departments.

    Impact of vacancies

    • Vacancies have had a deleterious effect on governance.
    •  Delays in promotions and appointments affect the organisations.
    • Vacancies also tend to demoralise the officials who await promotions after vacancies arise.
    •  Delays in important appointments send a wrong signal to the nation.
    • Elections Commission was functioning only with two members for several months, in case of a disagreement on any issue between the two of them, a solution would have become difficult.

    Need to change the process for appointment of Election Commissioners

    • The appointment of Elections Commissioners is done by the Centre.
    • The Association for Democratic Reforms (ADR) has filed a public interest litigation in the Supreme Court demanding the appointment of Election Commissioners by a committee, as is done in the case of appointment of the Director of the CBI.
    • The 255th Report of Law Commission had recommended that Election Commissioners be appointed by a high-powered committee. 
    • The high-powered committee is headed by the Prime Minister has two members – the Chief Justice of India and the Leader of the Opposition in the Lok Sabha.
    • However, if the Prime Minister decides on a candidate and the CJI consents, the Opposition leader’s dissenting note carries no weight.
    • There is a need, therefore, to expand the high-powered committee to include at least two more members of eminence with proven integrity for the selection process

    Way forward

    • A time frame needs to be worked out to announce top appointments at least a month in advance.
    • Political considerations need to be pushed to the back seat for a clean and honest administration.

    Conclusion

    Considering the impact vaccines have on governance, we need to devise a mechanism to avoid such vacancies for such a long duration.

  • How police can serve citizens better

    The article highlights the necessity of adopting the technology driven service delivery mechanism by the police.

    SC mandated police reforms of 2006

    Cost of inefficient criminal justice system

    • There is a reluctance to implement the Supreme Court-mandated police reforms of 2006.
    • The economic cost of the failed criminal justice system is reflected in the reluctance of foreign companies to set up manufacturing and commercial ventures in India for want of quick settlement of criminal, labour and civil disputes.
    • The social implications can be gauged from the report, “Crime in India 2019”, published by the National Crime Records Bureau.
    • Investigation and prosecution need improvement and all criminal trials must be completed within a year.
    • Technology-driven service delivery mechanisms can help achieve this.

    Need to ensure time-bound delivery of services

    • Along with prevention and detection of crime and maintenance of law and order, police stations in India undertake numerous daily tasks.
    • These tasks include providing verifications and no objection certificates of different kinds to citizens.
    • In criminal and non-cognisable cases, police stations provide copies of FIRs, complaints and final reports.
    • Police stations also verify domestic help/employees of central and state governments/public sector undertakings/students going abroad for studies.
    • The Bureau of Police Research & Development (BPR&D) had identified 45 such tasks in 2017.
    • Ease of business means police stations dispose of these requests in a transparent and time-bound manner.
    • The procedures are non-transparent and timelines are often blurred which encourage corrupt practice.
    • Even as police reforms are pursued by the Supreme Court, a definite attempt can be made to ensure time-bound delivery of the above-mentioned services to citizens.

    Use of technology for service delivery

    • These e-portals of various state police seek to provide citizen-centric services such as requests for issue/renewal of various NOCs, verification requests for servants, employment, passport, senior citizen registrations etc.
    • The India Justice Report (IJR) 2020 supported by Tata Trusts has studied the e-portals of various state police organisations.
    • The report mentions that “despite the push for digitisation, no state offered the complete bouquet of services…
    • The report also mentions that users face numerous problems of accessibility to these services.
    • The IJR 2020 audit confirms that states need to invest more resources to upgrade their e-portals for providing the 45 identified basic services to the citizens

    Way forward

    • This highlights that technology for service delivery to citizens has not been prioritised by the police leadership.
    • . This is a task that police leadership can concentrate on without any political interference.
    • The Bureau of Police Research had worked out the timeline for each service and the hierarchy/levels involved.
    • The recommendations have been shared with the state police organisations.
    • Adhering to a defined process with a timeline and clear delineation of the levels of police officers involved can ensure transparent and non-corrupt service delivery.
    • It will reduce the number of fruitless visits a citizen makes to a police station chasing different officers.
    • Along with ease of use, the language of e-portals needs attention too.
    • Citizens seeking clearances may not be very educated.
    • The Ministry of Home Affairs (MHA) earmarked about Rs 20,000 crore for the modernisation of police (2017-2020), for schemes such as crime and criminal tracing networks and system (CCTNS), police wireless and e-prisons.
    • States can take up this crucial service delivery mechanism.

    Conclusion

    Life for Indians would be transformed if government departments, including the police, provide maximum information and services through their portals respecting the defined processes and timelines

  • Taking note of the Delhi High Court’s judgment on ‘defining terrorism’

    The recent Delhi High Court order granting bail to the student activists charged with the UAPA has brought into focus the issue of misuse of anti-terror laws by the policy. The article deals with this issue.

    Misuse of anti-terror laws

    • In the period 2015-2019, as many as 7,840 persons were arrested under the UAPA (Unlawful Activities (Prevention) Act) 1967 but only 155 were convicted by the trial courts.
    • Under TADA, till 1994, though 67,000 people were detained, just 725 were convicted in spite of confessions made to police officers being made admissible.
    • In Kartar Singh (1994), the Supreme Court of India had observed that in many cases, the prosecution had unjustifiably invoked provisions of TADA.
    • It added that such an invocation of TADA was ‘nothing but the sheer misuse and abuse of the Act by the police’.

     The definition of terrorism

    • There is no universal definition of the term ‘terrorism’ either in India or at the international level.
    •  Accordingly, neither TADA nor UAPA has a definition of the crucial terms ‘terror’ and ‘terrorism’.
    • Section 15 of UAPA merely defines a terrorist act in extremely wide and vague words: ‘as any act with intent to threaten or likely to threaten the unity, integrity, security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people….’.
    • In Yaqoob Abdul Razzak Memon (2013), the Supreme Court said that terrorist acts can range from threats to actual assassinations, kidnappings, airline hijacking, car bombs, explosions, mailing of dangerous materials, use of chemical, biological, nuclear weapons etc.
    • In Hitendra Vishnu Thakur (1994), the Supreme Court had defined terrorism as the ‘use of violence when its most important result is not merely the physical and mental damage of the victim but the prolonged psychological effect it produces … on the society as a whole’.
    • In Kartar Singh (1994), the Supreme Court held that a mere disturbance of public order that disturbs even the tempo of the life of community of any particular locality is not a terrorist act.
    • By this interpretation, the CAA protests in a few localities of Delhi cannot be termed as terrorist activity.
    • In the PUCL judgment (2003), the Supreme Court included within its meaning amongst other things the ‘razing of constitutional principles that we hold dear’, ‘tearing apart of the secular fabric’ and ‘promotion of prejudice and bigotry.
    • Accordingly, in the CAA protest case the Delhi High Court concluded that since the definition of a ‘terrorist act’ in UAPA is wide and somewhat vague, it cannot be casually applied to ordinary conventional crimes.
    • The Delhi High Court said that the act of the accused must reflect the essential character of terrorism.

    Distinction between ‘law and order’, ‘public order’ and ‘security of state’

    • In Ram Manohar Lohia (1966), the Supreme Court explained the distinction between the above three terms.
    • Law and order represents the largest circle within which is the next circle representing ‘public order’, and the smallest circle represents the ‘security of state’.
    • Accordingly, an act may affect ‘law and order’ but not ‘public order’.
    • Similarly, an act may adversely affect ‘public order’ but not the ‘security of state.’
    • In most UAPA cases, the police have failed to understand these distinctions and unnecessarily clamped UAPA charges for simple violations of law and order.

    Conclusion

    Radicalisation generally succeeds only with those who have been subjected to real or perceived injustices. Let us remove injustice to combat terrorism. The creation of a truly just, egalitarian and non-oppressive society would be far more effective in combating terrorism.

  • Testing the constitutionality of section 124A of IPC

    The article highlights the issues with section 124A of the Indian Penal Code and suggests a review of its constitutionality in Kedar Nath judgement by a larger bench.

    About section 124A of IPC

    • Section 124A of the IPC contains the law of sedition.
    • This law was enacted by the British colonial government in 1870 with the sole object of suppressing all voices of Indians critical of the government.
    • The gist of the offence is: bringing or attempting to bring the government into contempt or hatred, or exciting or attempting to excite disaffection towards the government.
    • It categorises four ways sources of seditious acts: spoken words, written words, signs or visible representations.
    • There are three explanations attached to this section.
    • The first explanation says that ‘disaffection’ includes disloyalty and all feelings of enmity.
    • The second and third explanations say that one can comment on the measures of the government without bringing or attempting to bring it into contempt or hatred or exciting or attempting to excite disaffection towards the government.

    What did Supreme Court say in Kedar Nath case (1962)

    • In the ultimate analysis, the judgment in Kedar Nath which read down Section 124A and held that without incitement to violence or rebellion there is no sedition.
    •  It says that ‘only when the words written or spoken etc. which have the pernicious tendency or intention of creating public disorder’ the law steps in.
    • So if a policeman thinks that a cartoon has the pernicious tendency to create public disorder, he will arrest that cartoonist.
    • The Kedar Nath judgment makes it possible for the law enforcement machinery to easily take away the fundamental right of citizens.

    Violation of Article 19

    • Sedition, as defined in Section 124A of the IPC, clearly violates Article 19(1)(a) of the Constitution which confers the Fundamental Right of freedom of speech and expression.
    • Further, this section does not get protection under Article 19(2) on the ground of reasonable restriction.
    • However, the Supreme Court invoked the words ‘in the interest … of public order’ used in Article 19(2) and held that the offence of sedition arises when seditious utterances can lead to disorder or violence.
    • This act of reading down Section 124A brought it clearly under Article 19(2) and saved the law of sedition from being declared unconstitutional.

    Consider the question “What are the issues with section 124A of Indian Penal Code? Examine the interplay between Article 19 and section 124 of IPC.”

    Conclusion

    People will display disaffection towards a government which has failed them. The law of sedition which penalises them for hating a government which does not serve them cannot exist because it violates Article 19(1)(a) and is not protected by Article 19(2). Therefore, an urgent review of the Kedar Nath judgement by a larger Bench has become necessary.

  • Holding states to account

    The article highlights the excessive focus on the Union government and the lack of scrutiny of the functioning of the States in various areas.

    Need for focus on the States

    • In discussions on reforms or debates about public expenditure, there is an excessive focus on the Union government.
    • This focus reflects our mindset that there is a “Centre”, though constitutionally, there is no “Centre”. There is the Union government.
    • There is not as much interest in State Finance Commissions and their recommendations as it is in the Union Finance Commission’s recommendations.
    • Alternatively, there is limited scrutiny of state-level expenditure, or fiscal devolution and decentralisation of decision-making within states, or tracking functioning of state legislatures.
    • Most factor markets we seek to reform are on the concurrent list or the state list.

    The Annual Review of State Laws 2020: Key findings

    • PRS Legislative Research published this report and it focuses on the legislative work performed by states in the calendar year 2020.
    • The annual review has been done in the pandemic year as 2020 saw the first wave of the pandemic.
    • It covers 19 state legislatures, including the Union territory of Delhi, which together accounts for 90 per cent of the population of the country.

    1) Low Productivity

    • As a benchmark, the Parliament met for 33 days in 2020.
    • Pre-2020, these 19 states met for an average of 29 days a year.
    • In 2020, they met for an average of 18 days.
    • When they met in 2020, States passed an average of 22 Bills (excluding Appropriation Bills).
    • Karnataka passed 61 Bills, the highest in the country.
    • The lowest was Delhi which passed one Bill, followed by West Bengal and Kerala, which passed two and three Bills respectively.

    2) States pass Bills without scrutiny

    • The report states that the State legislatures pass most Bills without detailed scrutiny.
    • In 2020, 59 per cent of the Bills were passed on the same day that they were introduced in the legislature.
    • A further 14 per cent were passed within a day of being introduced.
    • In Parliament, Bills are often referred to Parliamentary Standing Committees for detailed examination.
    • In most states, such committees are non-existent.

    3) Information not shared by the legislature

    • Information and data on state legislatures is not easily available.
    • While some state legislatures publish data on a regular basis, many do not have a systematic way of reporting legislative proceedings and business.”
    • Typically, information becomes available when countervailing pressure is generated.
    • Reports like this help to do that.

    Consider the question “In discussions on reforms, or debates about public expenditure, there is an excessive focus on the Union government. However, on reforms and public expenditures, we also need to focus on scrutinising the states”. Comment.

     

    Conclusion

    Scrutinising States on various areas of their functioning is important to hold them accountable. The availability of data from state legislatures is an opportunity to monitor them better.

     

  • Protecting human rights in digital era

    The article highlights the issues mentioned in the UNHRC report on disinformation and freedom of expression.

    UNHRC Report: Upholding human rights helps dealing with falsehood

    • The UN Human Rights Council (UNHRC) Special Rapporteur  submitted her report on “Disinformation and Freedom of Opinion and Expression” recently.
    • The UNHRC report specifically speaks of information disorder that arises from disinformation.
    • Impact of disinformation: Such information disorder leads to politically polarisation, hinders people from meaningfully exercising their human rights, and destroys their trust in governments and institutions.
    • Human rights provide a powerful and appropriate framework to challenge falsehoods and present alternative viewpoints.
    • Upholding human rights is useful in dealing with falsehood in two ways:
    • 1) Freedom of opinion and expression enables governance and development.
    • 2) Civil society, journalists and others are able to challenge falsehoods and present alternative viewpoints.
    • So, the report says that human rights friendly governance is both possible and doable; it is also desirable, as it protects political power against itself.

    Review of the business model needed

    • The report asserts that reactive content moderation efforts” are unlikely to make any worthwhile difference in the absence of a serious review of the business model that underpins much of the drivers of disinformation and misinformation.
    • Problems of inconsistent application of companies’ terms of service, inadequate redress mechanisms and a lack of transparency and access to data re-emerge constantly.
    • Aalthough the platforms are global businesses, they do not appear to apply their policies consistently across all geographical areas or to uphold human rights in all jurisdictions to the same extent.

    Need for legislative clarity on twin concept of misinformation and disinformation

    • The report highlights the lack of legislative and judicial clarity on the twin concepts of “disinformation” and “misinformation”.
    • It emphasises that the intention to harm is decisive to the disinformation.
    • “Disinformation” is false information disseminated intentionally to cause serious social harm.
    • In contrast, misinformation consists in the dissemination of false information unknowingly.
    • Nor are these terms to be used interchangeably.
    • Acknowledging the fact that “extremist or terrorist groups” frequently engage in the dissemination as part of their propaganda to radicalise and recruit members, the report disfavours any state response that adds to human rights concerns.

    Other factors contributing to growth of disinformation

    • The growth of disinformation in recent times cannot be attributed solely to technology or malicious actors, according to the report.
    • Other factors such as digital transformation and competition from online platforms, state pressure, the absence of robust public information regimes, and digital and media literacy among the general public also matter.
    • Moreover, disinformation enhance the frustrations and grievances such as economic deprivation, market failures, political disenfranchisement, and social inequalities.
    • Disinformation is thus not the “cause but the consequence of societal crises and the breakdown of public trust in institutions”.
    • Strategies to address disinformation will succeed only when these underlying factors are tackled.

    Issue of use of disinformation by states

    • A 2020 Oxford study of “Industrialised Disinformation” mentions that as many as “81 governments” use “social media to spread computational propaganda and disinformation about politics”.
    • Some authoritarian countries like Russia, China and Iran capitalised on coronavirus disinformation to amplify anti-democratic narratives.
    • Online disinformation also results in offline practices of violent social excursion on actually existing individuals and communities such as ethnic, gender, migrant, sexual minorities.

    Consider the question “Reactive content moderation efforts are simply inadequate without a serious review of the business model that underpins much of the drivers of disinformation and misinformation on the social media platforms.” Critically examine.”

    Conclusion

    Will future itineraries of human rights in the digital era repeat past mistakes? The report offers grist to the mill for profound thought and conscientious action.

  • The outdated nature of bureaucracy

    The second wave of Covid has exposed the inherent weakness of the bureaucracy in India. The article highlights the necessity for reforms in the way bureaucracy functions in India.

    Features of traditional bureaucracy

    • Preference to generalist: Weberian bureaucracy still prefers a generalist over a specialist.
    • Preference to leadership of position: The leadership of position is preferred over leadership of function in the traditional bureaucracy.
    • The leadership of function is when a person has expert knowledge of a particular responsibility in a particular situation.
    • The role of the leader is to explain the situation instead of issuing orders.
    •  Every official involved in a particular role responds to the situation rather than relying on some dictation from someone occupying a particular position.
    • Lack of innovation: The rigid adherence to rules has resulted in the rejection of innovation.

    Covid exposed limits of traditional bureaucracy

    • A generalist officer IAS and State civil service officials are deemed an expert and as a result, superior in traditional bureaucracy.
    • Specialists in every government department have to remain subordinate to the generalist officers.
    • The COVID-19 pandemic has exposed the weakness of this system.
    • Healthcare professionals who are specialists have been made to work under generalist officers and the policy options have been left to the generalists when they should be in the hands of the specialists.
    • The justification is that the generalist provides a broader perspective compared to the specialist.

    Is privatisation and private sector managerial techniques an answer?

    • The reform often suggested in India is new public management.
    • This as a reform movement promotes privatisation and managerial techniques of the private sector as an effective tool to seek improvements in public service delivery and governance.
    • But this isn’t a viable solution in India where there is social inequality and regional variations in development.
    • It renders the state a bystander among the multiple market players with a lack of accountability.
    • Further, COVID-19 has shown that the private sector has also failed in public service delivery.

    Way forward: Collaborative governance

    • The most appropriate administrative reform is the model of new public governance.
    • Work together: In collaborative governance, the public sector, private players and civil society, especially public service organisations (NGOs), work together for effective public service delivery.
    • As part of new public governance, a network of social actors and private players would take responsibility in various aspects of governance with public bureaucracy steering the ship rather than rowing it.
    • As part of new public governance, the role of civil society has to be institutionalised.
    • It needs a change in the behaviour of bureaucracy.
    • Openness to reforms: It needs flexibility in the hierarchy, a relook at the generalist versus specialist debate, and an openness to reforms such as lateral entry and collaboration with a network of social actors.
    • All major revolutions with huge implications on public service delivery have come through the collaboration of public bureaucracy with so-called outsiders.
    • These include the Green Revolution (M.S. Swaminathan), the White Revolution (Verghese Kurien), Aadhaar-enabled services (Nandan Nilekani) and the IT revolution (Sam Pitroda).

    Consider the question “What are the weaknesses of bureaucracy in India? Suggest the measures to improve the quality of public service delivery in India.”

    Conclusion

    New public governance is the future of governance, especially public service delivery.

    Back2Basics: The Weberian Model of bureaucracy

    • The classic model of bureaucracy is typically called the ideal Weberian model, and it was developed by Max Weber, an early German sociologist.
    • Weber argued that the increasing complexity of life would simultaneously increase the demands of citizens for government services.
    • Therefore, the ideal type of bureaucracy, the Weberian model, was one in which agencies are apolitical, hierarchically organized, and governed by formal procedures.
    • Furthermore, specialized bureaucrats would be better able to solve problems through logical reasoning.
    • Such efforts would eliminate entrenched patronage, stop problematic decision-making by those in charge,, impose order and efficiency, create a clear understanding of the service provided, reduce arbitrariness, ensure accountability, and limit discretion.