Why the collegiums system, while the best for judicial appointments, needs course corrections

 Lord Denning said, “Every judge, in a sense, is on trial to see that he does his job honestly, and properly”, and that “justice is rooted in confidence, and confidence is destroyed when right-minded people go away thinking that the judge is biased”. It goes to the credit of our earlier judges, though appointed by the state, that they administered justice judicially, and with the requisite detachment within the rule of law.

The situation, however, changed with Indira Gandhi assuming office. In the matter of appointment of judges, political philosophy, and the political leaning of a candidate became a major consideration. And then came the Emergency. Judges were put to test in the matter of ADM Jabalpur, and barring one brave exception, the judges failed the Constitution, and thus the nation. They just forgot, nay ignored, the words of Lord James Mansfield in Rex versus Wilkes: “The constitution does not allow reasons of State to influence our judgments: God forbid it should! We must not regard political consequences; how formidable soever they might be: If rebellion was the certain consequence, we are bound to say ‘fiat justitia, ruat caelum’, meaning, let justice be done though the heaven fall

Farmer Protest 2020

 Recently, there have been strong protests from farmers, especially from the states of Punjab and Haryana, against three farm bills that seek to replace ordinances issued in june 2020.

These bills envisage to bring change in some of the key aspects of the farm economy — trade in agricultural commodities, price assurance, farm services including contracts, and stock limits for essential commodities.

These bills sought to bring much needed reforms in the agricultural marketing system such as removing restrictions of private stock holding of agricultural produce or creating trading areas free of middlemen and take the market to the farmer.

However, farmers are apprehensive that the free market philosophy supported by these bills could undermine the Minimum Support Price (MSP) system and make farmers vulnerable to market forces.

Note :

Three Farm Bills that are bond of contention:

• The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020,
• The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020,
• Essential Commodities (Amendment) Bill, 2020.

Intended Benefits Associated with These Bills

• The Bills aim to do away with government interference in agricultural trade by creating trading areas free of middlemen and government taxes outside the structure of Agricultural Produce Market Committees (APMCs).
  
  • It will allow farmers an option to sell their produce directly to these new zones, without going through the middlemen and paying levies such as mandi fees.
• It sought to remove stock holding limits as well as curbs on inter-State and intra-State trade, and create a framework for contract farming.
• Also, these bills promote the creation of Farmer Producer Organisations (FPO) on a large scale and will help in creating a farmer-friendly environment for contract farming where small players can benefit.
• These bills may enable private players to invest in warehousing, grading and other marketing infrastructure.
• A combined effect of these bills will help in creating a ‘One Nation, One Market’ for agricultural produce.

Issues Raised by The Farmers & Opposition

• Federal Angle: The provisions in the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, provides for unfettered commerce in designated trade areas outside APMC jurisdictions.
  
  • Apart from this, the bill empowers the Centre government to issue orders to States in furtherance of the law’s objectives.
  • However, matters of trade and agriculture being the part of subjects on the State list, have caused resentment in States.
• Lack of Consultation: First the ordinance route and now the hastily attempt to pass the Bills without proper consultation adds to the mistrust among various stakeholders including farmers.
  
  • Also, by allowing ‘trade zones’ to come up outside the APMC area, farmers have become apprehensive that the new system would lead to eventual exit from the minimum support price.
• Absence of any regulation in non-APMC mandis: Another issue that is raised by the farmers is that the proposed bills give the preference for corporate interests at the cost of farmers’ interests.
  
  • In absence of any regulation in non-APMC mandis, the farmers may find it difficult to deal with Corporates, as they solely operate on the motive of profit seeking.
• Non-Favourable Market Conditions: While retail prices have remained high, data from the Wholesale Price Index (WPI) suggest a deceleration in farm gate prices for most agricultural produce.
  
  • With rising input costs, farmers do not see the free market based framework providing them remunerative prices.
  • These fears gain strength with the experience of States such as Bihar which abolished APMCs in 2006. After the abolition of mandis, farmers in Bihar on average received lower prices compared to the MSP for most crops.

Way Forward

• Improve Agricultural Infrastructure to Strengthen Competition: Government should massively fund the expansion of the APMC market system, make efforts to remove trade cartels, and provide farmers good roads, logistics of scale and real time information.
• Empowering State Farmers Commissions: Rather than opting for heavy centralisation, the emphasis should be on empowering farmers through State Farmers Commissions recommended by the National Commission for Farmers, to bring about a speedy government response to issues.
• Consensus Building: The Centre should reach out to those opposing the Bills, including farmers, explain to them the need for reform, and get them on board.

Conclusion

Without strong institutional arrangements, the free market may harm lakhs of unorganised small farmers, who have been remarkably productive and shored up the economy even during a pandemic.

EXPANSION OF POSCO ACT

 

What is the issue? 

There is developing worldwide law around youngster sexual maltreatment issues. 

A key imperfection of POCSO Act in India is its powerlessness to manage authentic cases. The time has come to modify the law in this specific circumstance. 

What is chronicled youngster sexual maltreatment? 

Authentic kid sexual maltreatment alludes to occurrences that are accounted for late. 

Authentic maltreatment isn't simply restricted to foundations. 

It likewise incorporates intra-familial maltreatment. 

Why is deferred detailing advocated? 

It is regularly hard for the youngster to report the offense or guilty party at the soonest. 

It requires some investment for the kid to perceive what has occurred and get sure to report. 

The deferral might be expected to - 

absence of mindfulness 

the injury caused 

dangers from the culprit 

dread of public embarrassment 

nonattendance of dependable compatriot 

Another explanation is to do with the convenience disorder. 

[The youngster maintains the maltreatment as a mystery as a result of the dread that nobody will accept the maltreatment, prompting accommodative behaviour.] 

What is the legitimate boundary included? 

The Criminal Procedure Code (CrPC) clarifies that any postponement in documenting protest weakens the viability of the indictment's case. 

It forbids legal officers from taking cognisance of criminal cases past a particular time-frame. 

Prior, cases including kid sexual maltreatment not adding up to assault was characterized under Section 376 of the Indian Penal Code (IPC). 

It was arranged under the lesser offense of shocking the unobtrusiveness of a lady (Section 354 of the IPC). 

Any announcing, under Section 354 of the IPC, over 3 years after the date of occurrence would be banned by the CrPC. 

Along these lines, this renders chronicled announcing of youngster sexual offenses which occurred before 2012 legitimately impossible. 

[The Protection of Children from Sexual Offenses Act (POCSO) came into place in 2012. 

POCSO is the law in India to shield youngsters from offenses of rape, lewd behavior and pornography] 

What is the need now? 

The impediment arrangements were consolidated into the CrPC to deflect deferred arraignment. 

In any case, kid sexual maltreatment can't be seen in similar way as other criminal offenses. 

There is accordingly a convincing need to permit postponed announcing and arraignment in this. 

What is the test however? 

A significant downside of postponed detailing is the absence of proof to propel arraignment. 

It is accepted that there would be under 5% possibility for get-together immediate physical and clinical proof in such cases. 

India, specifically, experiences an absence of procedural direction with regards to how to arraign recorded instances of youngster sexual maltreatment. 

Conversely, the U.K. has given nitty gritty Guidelines on Prosecuting Cases of Child Sexual Abuse. 

It is managed exhaustively under the Sexual Offenses Act of 2003, to help the police in such cases. 

What is the path forward? 

The POCSO Act should appropriately be altered to adjust the privileges of the people in question and the blamed. 

The law should represent different improvements, for example, verifiable announcing of kid sexual maltreatment. 

Likewise, the Union government should outline rules to coordinate viable and intentional indictment in cases which are not covered by the POCSO.

The role of public service and public servants in the fight against the covid-19 pandemic

From frontline healthcare workers and public health officials to teachers, sanitation workers, social welfare officers and more, the humble public servant has been thrust into the spotlight, helping elevate awareness and understanding of the critical role public servants play in everyday life, and in particular during times of severe crises, such as the COVID-19 pandemic.

In the ongoing COVID-19 pandemic however, public servants are working under life-threatening circumstances. In all COVID-19 pandemic affected countries they are both expected to deliver services despite the pandemic while at the same time suffering its impact, either by being directly infected or having family members who are. Moreover, the pandemic hit the world at a time when, according to World Health Organization (WHO), the world needs six million more nurses and midwives to achieve global health targets within the SDGs. These critical workers are confronting a dangerous highly infectious virus but they in insufficient numbers. The following are some of the roles public servants have played, are playing and must continue to play in the pandemic response:

Ensuring continuity of public services

By threatening disruption of public service delivery, the COVID-19 pandemic touched a cardinal principle of public service, that of continuity. In a show of courageous response however, in many countries, public servants have been quick to adapt and re-adjust the way in which services are delivered so as to minimize the negative impact of the pandemic on individuals and communities. For example, as many schools, including colleges and universities, were suddenly closed as a result of nationwide lockdowns, teachers and education professionals rushed to provide at home learning solutions via online platforms and e-materials, where there was infrastructure to support such approaches. Similarly, in many places where medical facilities have been overwhelmed by high numbers of COVID-19 patients, online tools, such as telemedicine and telehealth, have been set up or enhanced to provide non-emergency medical services so as to not disrupt the delivery of health services to people with other ailments. Courts are hearing and judging cases through video conferencing, while in some places virtual marriages have been legalized. In these cases, and others, public servants have demonstrated versatility in service delivery that has benefitted service users amidst challenges caused by the pandemic.

Service before self: courage and humanness in practice

Many public servants have put their lives at risk in order to continue serving the public throughout the pandemic. Sadly, many have subsequently been infected and an alarming number have lost their lives. For example, in the UK at least 100 medical and health workers have died as a result of COVID-19. In China it was reported that within the first 3 months of fighting the virus some 3000 healthcare workers had been infected. In the USA, although the exact figure is unknown, an estimated 5,000 healthcare workers have been infected, while in New York City 1000 of the city’s police officers accounted for some of the 40, 000 people in that city who tested positive for the infection by April 2020. The numbers are likely much higher, given not all public servants have been tested for COVID-19 and many may be asymptomatic carriers of the virus.

One reason for such high infection rates amongst public servants, particularly frontline public servants like healthcare workers, has been a shortage of personal protective equipment (PPE). Most countries have struggled to ensure enough medical masks, N-95 respirators, surgical gowns and other protective gear, forcing many to improvise, including using bin liners for gowns and home-made masks. It is tragic and regrettable that many public servants have been working under such dangerous conditions. Their heroic self-sacrifice and extraordinary humanness have saved many lives. In recognition of this, governments should work towards developing and/or enhancing preparedness and contingency plans for future such crises so that public servants always have access to the protective gear that both their profession and safety demands.

Quick thinking, creativity and innovation

In the response to the COVID-19 pandemic public service and public servants, many who were used to operating in routine, predictable and regulated systems had to deploy quick thinking, instant creativity and innovation to counter the destruction caused by the pandemic in service delivery, particularly in critical areas such as healthcare. For example, at the onset of the outbreak of the virus in Wuhan, the Chinese military took only 10 days to construct a makeshift two storied hospital which could hold up to 1000 patients and included several isolation wards and 30 intensive care units. COVID-19 responses have seen innovation in the public service flourish. From the development of drive-thru testing sites and contact tracing apps in the Republic of Korea, to the use of robots to carry out medical tasks such as temperature taking so as to minimize contact between infected patients and healthcare workers in Rwanda, public servants have leveraged innovation and creativity, often on a shoestring budget, to come up with unique and quick responses to the crisis.

Reliable information and awareness as a critical service

One of the most needed and lifesaving services during the pandemic has been accurate and reliable information about the virus, including on its spread, prevention, recognition of symptoms and importantly, on debunking myths and misinformation around it.

In the early days of its spread, a lack of or inadequate knowledge and awareness about the virus helped it to penetrate communities before government authorities realized its seriousness. Public servants in the health sector, including frontline doctors and nurses, virologists, epidemiologists and other health experts, were some of the first to document this new infection, getting the word out that a new and highly contagious virus was gaining ground. As information about the virus started filtering through, public health officials, the news media, and research institutions started giving information to both the public and authorities which progressively proved vital in the fight against the spread of the virus.

However false or misleading information about the virus, including conspiracy theories surrounding its origins and unproven cures, have greatly hampered efforts to ensure the circulation of reliable information. The UN Secretary-General, António Guterres, notes that “As the world fights the deadly COVID-19 pandemic—the most challenging crisis we have faced since the Second World War—we are also seeing another epidemic, a dangerous epidemic of misinformation.”

Strategic thinking and planning amidst chaos

Many public servants have been strategizing and planning amidst the chaos about how to beat the pandemic, save lives, ensure social protection, and sustain economies. National taskforces have been formed incorporating representatives of a cross-section of the public service to plan and coordinate efforts to fight the spread and impact of the pandemic. In a whole of government and whole of society approach they brought on board scientists and experts in public health, to ensure the effectiveness, coordination, coherence and integration of the strategies and plans aimed at stopping the spread of the virus and managing the broader impacts of the pandemic.

These taskforces and the lessons learned from their work will develop or enhance institutional mechanisms with capacities to deal more effectively with such crises in the future. If leveraged, these taskforces could provide a foundational building block for enhancing government preparedness and crisis response.

Sustaining resilience and building a more effective and responsive public service

The world has experienced global pandemics before and COVID-19 will not be the last. Therefore, one of the critical roles the public service must play is to prepare the service to be more resilient for any future crisis. Public servants must turn the challenges posed by the COVID-19 pandemic into an opportunity for devising strategies for strengthening the resilience, effectiveness and responsiveness of the public service and the services they deliver, so as to be better prepared in future. It should be every government’s strategy to have in place institutional arrangements, policies, systems, infrastructure, plans, including contingency plans, and resources to foresee, identify and quickly respond to pandemics and other crises.

Building and enhancing state legitimacy, government credibility and people’s trust

Public servants who deliver services responsively, equitably and with humanness help enhance the credibility of the government, and as a consequence, foster trust amongst the people. The determination of public servants to continue providing services in the face of the dangers the COVID-19 pandemic has posed to their own lives has contributed greatly to the government being seen as critical in and caring for the lives of the people. The ongoing work of public servants, therefore, has in many places elevated a sense of trust in government. The sustainability of this trust, however, will be heavily dependent on the extent to which the struggle against the pandemic succeeds.

Resource allocation and distributive accountability

Crises that emerge abruptly, such as the COVID-19 pandemic, catch governments’ budgets by surprise, presenting a big challenge to the public servants who are responsible for preparing and implementing them. The way in which resources are allocated and utilized determines whether systems, practices institutional arrangements meant to protect societies against pandemics of this nature, get put in place and become operational or not. In many countries public servants have had to quickly re

view available resources, mobilize others and deploy them quickly in tackling the pandemic and all the challenges it has caused. About US$130 billion in budget support has been pledged2 or is under consideration by governments around the world in the wake of the COVID-19 pandemic.

Resource allocation and distributive accountability is a critical role that public servants have played during the pandemic and one which has had great bearing on trust in government, delivery of critical services, minimizing of inequality and the saving of lives.

Collaborative and networked leadership

In many countries, the COVID-19 pandemic has revealed that collaborative and networked leadership is critical when it comes to dealing with complex challenges and problems. The need for resolved people-focused, calm, credible, trusted leadership is critical in times of crisis. Public servants played their roles in a collaborative way to ensure a coordinated and successful response in containing the spread of the virus and mitigating the impact of the pandemic.

At the global level too, collaborative leadership is essential. The COVID-19 pandemic has provided opportunities for public services in different countries to learn from each other’s successes and failures in their ability to identify and respond to pandemics. Multilateral institutions, such WHO provide a critical platform for this type of collaboration and for the sharing of public health data and information. Public servants must be facilitated to network, collaborate, and share to enhance co-learning at local, national and international levels.

Profile of a public servant who can work effectively in crisis

Considering all the above roles public servants have played, we can derive that an effective public servant has the following profile: self-sacrificing, trustworthy, risk-taking, transparent, accountable versatile, adaptable, creative, innovative, knowledgeable and skilled, persistent, empathetic, collaborative, and competent in the use of technology. Above all, they have a high dose of humanness in their personality which makes them work for others even at the risk of their own lives. This profile should be part of the guide in training public servants to enable them serve in crisis.

Key messages

1. Comprehensive public service capacity development: Governments must pay attention to developing the capacities of the public service and public servants; be it in their numbers, their competences, values, the protective gear they need, the incentives for their productivity, the tools and facilities as well as the technology they require to effectively do their jobs. Governments must invest in having very well-functioning public services and effective public servants.

2. Institutionalize early warning, emergency planning, preparedness and quick response in the public service: Governments must put in place and operate effectively, permanent, public sector, well-coordinated institutional frameworks that can support public servants to be anticipatory and prepared, to look out for signs of crisis, such as pandemics, find solutions quickly and respond appropriately in time to avoid severe impact.

3. Network, collaborate, share and learn from successful practices and mistakes to build better and more effective public services for future pandemics and crisis: Public servants must be facilitated to network, collaborate, and share to enhance co-learning; something that stands better chances for improvement in finding quick solutions not only to pandemics and crisis but in the work of public service delivery in general.

4. Sustain development of responsible, responsive, accountable and people-focused leadership in public sector institutions: The COVID-19 pandemic has shown that during uncertain and fluid times, resolved people-focused, calm, credible, trusted leadership is required. The development of this kind of leadership in the public service must be sustained.

5. Provide for financial resources for pandemic and crisis before they happen: Governments must always provide budgetary resources to take care of emergencies and crisis such as this pandemic. The often-cited excuse that Governments have no funds for problems that have not happened has been proven wrong by the COVID-19 pandemic. Many governments have had to spend lots of money suddenly and in unforeseen way; probably more than they would have spent if they had already provided for this in their public service delivery budgets.

PUBLIC ADMINISTRATION VIDEO LECTURES.

 

Dear Friends ,

There are many pub ad video lessons - by IGNOU professors ( Indira Gandhi National Open University)  and are available FREE.Please utilise it fully. Infact thats when the true potential of open education unleashes.

Click on each topics below to view the lessons -

Pavan sir lecture will be upload on this youtube channel free of cost from 1 june 2021 subscribe this channel for update..

https://youtube.com/channel/UCIz5yZnP2HAeNxaLcVqkVqg

Ecological Approach to Public Administration 
Public Choice Theory 
Public Policy 
Civil Society 
Governance in India 
Development Concepts and Theories 
Systems and Behavioural Approach Views of Chester Barnard & Herbert Simon
Citizen and Administration 
Introduction to Public Policy Part 1 
Introduction to Public Policy Part 2
Public Economics 
Leadership 
Communication
Administrative Responsiveness 
Civil Society 
Public Policy Making Major Determinants Part-1
Role Of Planning Commission 
Socio Psychological Approach 
Understanding Policy Implementation
Indian Budget System - Part 1
Indian Budgeting System-Part 2
Training Of Higher Civil Servants
Psychological Approach Views Of Abraham Maslo and Federick
Globalisation
Mitigating Disasters
Democracy in Search of Equality
Role Of Voluntary Organisation
New Public Administration
   (One more video link for New public administration click here )


Regards
#jkstudycircle

Kautilya’s Saptang Theory of State

 

The Mauryan era of ancient India gave the world a significant treatise, the Arthashastra of Kautilya.It offers deep insights into political statecraft. Kautilya is known as the Indian Machiavelli because of his ruthless and shrewd tactics and policies reflecting an approach to statecraft including warfare.

Nature of State

Kautilya Saptang Theory of State

The state of ‘nature’ is imagined to be one of total anarchy, in which ‘might was right’.When people were oppressed by Matyanyaya, the law of the fish, according to which the bigger fish swallows the smaller ones they selected Manu– son of Vivasvat the king.

It was settled that the king should receive one-sixth of the grain and one-tenth of merchandise and gold, as his due. It was the revenue which made it possible for the king to ensure the security and prosperity of his subjects. People agreed to pay taxes and he ruled by one person in order that they might be able to enjoy well-being and security. In Kautilya’s Arthashastra, there is no explicit theory of social contract as laid down by
the contractualist. Neither does Kautilya use the contract to make the king all powerful.

Elements of State

Kautilya enumerated seven prakritis or essential organs of the state. They are as follow
(i) Swami (The Ruler)
(ii) Amatya (The Minister)
(iii) Janapada (The Population)
(iv) Durga (The Fortified Capital)
(v) Kosha (The Treasury)
(vi) Danda (The Army)
(vii) Mitra (Ally and Friend)

Swami(The Ruler)

It is the first and the most important element. Swami means the monarch. He should be a native of the soil and born in a noble family. He should be brave and well learned. He makes all the important appointments and supervises the government. He has to be virtuous and should treat his subjects like his own children. Kautilya has given extensive powers to the monarch but those powers are meant for the welfare of them subjects. In the welfare and happiness of his subjects, lies his own happiness.

Amatya (The Minister)

It refers to the council of ministers as well as the supporting officials and subordinate staffs. They are meant for assisting the monarch in day to day affairs of the state. Amatya gives suggestions to king, collects taxes, develops new villages and cities, ensures defense of the state and all other tasks as assigned by the king.

Janpada (The Population)

It refers to territory and people of the state. The territory of the state should be fertile and should have abundance of forest, rivers, mountains, minerals, wild life etc. It should have have good climate. People should be loyal to their king, hard working, disciplined, religious, ready to fight for their motherland, should pay taxes regularly and happily.

Durga (The Fortified Capital)

It refers to forts. The state should have sufficient number of forts across its territory at strategic locations for ensuring defense against foreign invasions. Forts should be built near hills/mountains, deserts, dense forests and big water bodies. They garrison soldiers, store food grains for emergency and also serve as a hideout for the king when his life in danger.

Kosha(The Treasury)

This means treasury of the state. Finance is life blood of any state without which it is almost impossible to run it. Money is needed for paying salaries, building new infrastructure, etc. The treasury should be full of money and valuable metals and gems. It can be increased through taxation and plundering enemy states in war.

Danda(The Army)

It refers to military. The  state should have a regular, large, disciplined and well trained military. It is crucial for the security of the state. The soldiers should be recruited from those families which are traditionally associated with military. The soldiers should paid well and their families should be taken care of in most suitable way. Proper training and equipment should be made available. Well fed and well trained soldiers can win any battle. The king should take care of the soldiers and the soldiers will be ready to sacrifice even their life for him.

Mitra (Ally and Friend)

It refers to friends of the king. The monarch should maintain friendly relationship with traditional friends of his forefathers. He should also make new friendships. He should send gifts and other pleasantries for his friends. They should be helped in times of emergency. They should be loyal. Friends add to the power of the state. They are also important from foreign trade view point.

 Role of king

Kautilya gives extensive powers to the kings and attaches an element of divinity. His foremost duty is protection of the subjects and their property. King’s sources of power revolving around three sources– Prabhu Shakti (the power of the army and the treasury),Manta Shakti (advice of wise men, specially the council of ministers) and Utsah Shakti (charisma). Duties of Kings Kautilya’s Arthashastra does not believe in the ‘Theory of Divine’ origin of the Monarch. According to him, state is a human institution and it should be manned by a human being. So, the king should be the protector of the dharma of whole society.  Arthashastra pointed out duties of kings are :

• Should follow his rajya dharma.
• Should exhibit attributes, i.e. Atma Vrata (self-control) l Should ease the six enemies— Kama (lust), Krodha (anger), Lobh (greed), Mana (vanity), Mada
  (haughtiness), and Harsh (overjoy).

System of Law

Although, Kautilya’s state theory states the monarchical democracy, but the sole authority vested under the king to make law and that it derived from four sources Dharma (sacred law), Vyavhara (evidence), Charita (history and custom) and Rajasasana (edicts of the king).
Arthashastra represents a system of civil, criminal and mercantile law. For instance, the following were codified a procedure for interrogation, torture, trial, the rights of the accused, Constitution of permissible evidence, a procedure for autopsy in case of death in suspicious circumstances, Constitution of (deformation) and procedure for claiming damages, invalid and invalid contract.

 Machinery of Government

The Arthashastra catalogues a phalanx of officers called superintendents, lower in importance than the ministerial officers and much below them, belonging to the sixth order, according to remuneration. They are not heads of departments. The superintendents might be as chiefs of sections dealing with various economic and other activities of the government. Most of these sections are the modern business departments. A dual control is exercised over the superintendents. As far as control of the services of the personal and collection of revenue are concerned, they are under the Collector-General.

Conclusion

The Arthashastra is a textbook of practical politics and statecraft. One of the outstanding
contributions of Kautilya’s Arthashastra to statecraft and governance in a monarchical state. Hence, Kautilya’s theory of state envisages a rational approach to governance and state craft which conceptualizes the state and the office of the kingship to be human artifacts.