Monday, May 6, 2013

Public Systems Management : Constitutional Context

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Fred Riggs so forcefully advocated that Public Administration should be sensitive to the environment it functions in and should develop methods of administration that would alleviate the latter of its issues, as only that would be a successful administrative setup that would lead the country on the road to development.

Therefore Constitution or the law of the land is of utmost importance which is to be studied and its directives and principles followed to the tee by the Public Administrative setup of that country in order to fulfill its true objectives of public welfare and development since the constitution is framed by the political class who are basically the representative of the people of that land and thus know their needs intrinsically.

The following parts of the Indian Constitution determine and direct the functioning of Governance and Public Systems in India:

1) PREAMBLE - The Preamble is the key to the minds of our freedom fighters and Constitutional founders and thus introduces the reader to the overarching philosophy of Constitutional governance specifying the source of authority , the system of government , the objectives to be attained by the political and administrative systems. It has been declared as a valuable part of the Indian Constitution and if one wants to understand the spirit of the Indian Constitution then this has to be read.

2) PARLIAMENTARY DEMOCRACY - In this form of Government, the executive is an integral part of Parliament and is responsible to it.

3) FEDERATION WITH STRONG CENTRE - India is a Union Of States which is unique federalism and may be aptly described as a new experiment in this area for ensuring national unity and growth on one end and regional autonomy at the other.

4) FUNDAMENTAL RIGHTS AND DUTIES - It is very necessary for any Public Administrator to understand these Fundamental citizen rights and duties before embarking on its course of work else it would end up in litigation perpetually.
Refer in detail:
Fundamental Rights And Fundamental Duties - http://en.wikipedia.org/wiki/Fundamental_Rights,_Directive_Principles_and_Fundamental_Duties_of_India

5) DIRECTIVE PRINCIPLES OF STATE POLICY - It indicates the Responsibilities of the State/ Government in promoting the rights and benefits of the individuals while formulating policies and also in translating the basic values of the Constitution in real life.
DPSP in detail, refer - http://en.wikipedia.org/wiki/Directive_Principles_in_India


6) INDEPENDENT JUDICIARY - The terms and conditions of the judges are regulated by the Constitution and not at the whims and fancies of the Politicians, hence it remains out of their clutches and autonomous, non biased and just.

7) JUDICIAL REVIEW - It implies the powers possessed by the courts to pronounce Constitutional validity of the acts of Public Authorities, both executive and legislative.

CONSTITUTIONAL AUTHORITIES - To carry out the objectives enlisted in the Constitution which have independent power given by the latter in order to perform impartially and uninfluenced executive:

1) Comptroller And Auditor General: http://en.wikipedia.org/wiki/Comptroller_and_Auditor_General_of_India

2) Finance Commission: http://en.wikipedia.org/wiki/Finance_Commission

3) Election Commission: http://en.wikipedia.org/wiki/Election_Commission_of_India

4) UPSC: http://en.wikipedia.org/wiki/Union_Public_Service_Commission

5) Attorney General: http://en.wikipedia.org/wiki/Attorney_General_of_India

6) National Commission for Scheduled Castes: http://en.wikipedia.org/wiki/National_Commission_for_Scheduled_Castes

7) National Commission for Scheduled Tribes: http://en.wikipedia.org/wiki/National_Commission_for_Scheduled_Tribes

8) Official Languages Commission: http://en.wikipedia.org/wiki/Official_Languages_Commission

9) Special Officer for linguistic minorities: http://www.advocatekhoj.com/library/bareacts/constitutionofindia/350b.php?Title=Constitution%20of%20India,%201949&STitle=Special%20Officer%20for%20linguistic%20minorities



10) Administrative Tribunals: Refer to a post on this blog :  http://publicadministrationtheone.blogspot.in/2012/08/administrative-law-meaning-scope-and.html


OTHER IMPORTANT COMMISSIONS:
These are not Constitutional but created by an Act Of Parliament but of great importance and power:

1) National Commission For Women: http://en.wikipedia.org/wiki/National_Commission_for_Women

2) National Commission For Backward Classes: http://en.wikipedia.org/wiki/National_Commission_for_Backward_Classes

3) National Human Rights Commission & State Human Rights Commission of India: http://en.wikipedia.org/wiki/National_Human_Rights_Commission_of_India



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