GS2
Q1. ‘SMART’ administration still has a long way to go. Critically examine the statement. (10M)
Introduction
The term “SMART” administration refers to an approach to governance that is Simple, Moral, Accountable, Responsive, and Transparent. It is an attempt to make government more efficient, effective, and accountable to the people.
Body:
Steps taken for ‘SMART’ administration in India:
- Digitalizing government services: The government has launched a number of initiatives to digitize government services, make information more accessible to the public, and improve transparency and accountability.
- g. National Digital Literacy Mission and the Digital India Programme.
- Citizen participation: The government has been promoting citizen participation in governance. This includes initiatives such as the MyGov platform and the Jan Bhagidari Scheme.
- Open government data: The government has been making open government data (OGD) available to the public. This data can be used by citizens, businesses, and researchers to improve decision-making and innovation. g. data.gov.in.
- E-governance: The government has been promoting e-governance, which is the use of information and communication technologies to improve the efficiency and transparency of government.
- This includes initiatives such as the e-Procurement System and the e-District Programme.
Challenges that India faces in achieving SMART administration:
- Lack of political will: There is a lack of political will to make the necessary changes to achieve SMART administration. Politicians are often more interested in short-term gains than in long-term reforms.
- Bureaucratic inertia: The Indian bureaucracy is often resistant to change. This can make it difficult to implement new initiatives and reforms.
- g. A 2021 report by the NITI Aayog found that India’s public services are often inaccessible and of poor quality.
- Corruption: Corruption is a major obstacle to SMART administration. It undermines public trust in government and makes it difficult to deliver services effectively.
- g. India is the 85 least corrupt nation out of 180 countries, according to the 2022 Corruption Perceptions Index reported by Transparency International.
- Poverty: is a major challenge in India. It can make it difficult for people to access government services and participate in decision-making. This is more pronounced in rural areas.
- Lack of infrastructure: India’s infrastructure is often inadequate. This can make it difficult to deliver services efficiently and effectively.
- g. India’s 38th rank in Logistics performance index, 2023.
Way forward:
- Strengthening political will: There needs to be a strong political will to make the necessary changes to achieve SMART administration. Politicians need to be willing to invest in reforms and to make tough decisions.
- Overhauling the bureaucracy: The Indian bureaucracy needs to be overhauled to make it more efficient and responsive to the needs of the people. This could involve reducing the size of the bureaucracy, decentralizing decision-making, and introducing performance-based incentives.
- Fighting corruption: Corruption must be tackled head-on. This requires strong anti-corruption laws and enforcement mechanisms.
- Empowering the poor: The poor need to be empowered so that they can participate in decision-making and access government services. This could involve providing them with education, training, and financial assistance.
- Investing in infrastructure: India needs to invest in its infrastructure to make it easier to deliver services efficiently and effectively. This could involve building roads, bridges, and railways, and providing access to clean water and sanitation.
Conclusion
As India strives for more effective governance, it must continuously learn from both successes and setbacks to refine its approach and ensure that ‘SMART’ administration becomes a more comprehensive reality across the nation.
Q2. ‘Audit is the Watchdog of the nation against executive extravagance and inefficiency’. Assess the contribution of the CAG in shaping transparency in the public account. (15M)
Introduction
Articles 148-151 of the Indian Constitution provides for an office of Comptroller and Auditor General (CAG) of India and its duties. He is the guardian of the public purse and controls the entire financial system of the country at both the levels–the Centre and the state. He is one of the bulwarks of the democratic system of government in India.
Body:
Contribution of the CAG in shaping transparency in the public account:
- Financial Accountability: The CAG conducts audits of government accounts and reports its findings to the Parliamen This process ensures that the government’s financial transactions are accurate, complete, and in line with established rules and regulations.
- By scrutinizing expenditures and revenue collections, the CAG detects irregularities, financial mismanagement, and potential cases of corruption.
- g. The 2010 Commonwealth Games scandal.
- Performance Audit: The CAG also conducts performance audits to assess the efficiency, effectiveness, and economy of government programs, policies, and schemes.
- This audit evaluates whether government activities are achieving their intended objectives and utilizing resources optimally.
- Through performance audits, the CAG identifies instances of wasteful expenditure, policy failures, or deficiencies in implementation, thereby holding the government accountable for its actions.
- g. Mid-Day Meal’ scheme has undergone several performance audits.
- Compliance Audit: The CAG verifies whether the government entities have complied with applicable laws, regulations, and constitutional provisions. This includes examining whether financial and administrative procedures have been followed and whether the government has acted within its legal authority.
- By assessing compliance, the CAG ensures that the government functions within the prescribed legal framework and upholds the rule of law.
- Preventing Fraud and Misuse: The CAG’s audits act as a deterrent against fraudulent practices and misuse of public funds.
- The fear of audit scrutiny encourages government departments and agencies to adhere to financial regulations and practices, minimizing the chances of embezzlement or misappropriation.
- g. Adarsh Housing Society’ scam in Mumbai.
- Reporting and Recommendations: The CAG submits audit reports to the President or the Governor of a state, who further places them before the respective legislatures.
- These reports highlight the findings, observations, and recommendations of the CAG, including instances of financial irregularities, non-compliance, or inefficiency.
- The reports facilitate informed parliamentary debates, policy discussions, and decision-making, providing an opportunity for the government to address the identified shortcomings and take corrective actions.
- Independence and Autonomy: The CAG’s appointment, removal, and conditions of service are safeguarded by the Constitution, ensuring their independence from political influence.
- This independence allows the CAG to carry out audits objectively and fearlessly, without being unduly influenced or restricted.
- Parliamentary Oversight: The reports of the CAG are examined by the Public Accounts Committees (PACs) of the Parliament and state legislatures. The PACs scrutinize the audit findings and recommendations and hold discussions with government officials to seek explanations and clarifications.
- CAG also acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.
Following needs to be done to make CAG more effective;-
- Transparency in Appointment: In India, to bring about transparency and objectivity in the selection process of the CAG, an institutional mechanism needs to be put in place.
- Curbing Delays: Just like the citizen’s right to get the information within a month under RTI Act 2005, auditors should be provided access to records on priority basis within seven days, failing which, heads of departments should be required to explain the circumstances that caused the delay.
- Change in Audit mechanism: From climate change to PPPs, there are dramatic changes happening in the way government funding and public goods are exploited. CAG has to change its audit mechanisms in this context.
- Reforms suggested by Vinod Rai (former CAG)
- Widening ambit of CAG: Bring all private-public partnerships (PPPs), Panchayati Raj Institutions and government-funded societies, within the ambit of the CAG.
- CAG Act of 1971 should be amended to keep pace with the changes in governance.
- Collegium system: A collegium type mechanism to choose a new CAG on the lines of selecting a Chief Vigilance Commissioner (CVC).
Conclusion
When it comes to ensuring the accountability of the executive, the functions of CAG become very important in parliamentary democracy to implement transparency. CAG helps the parliament/state legislatures hold their respective governments accountable and hence reforms in office of CAG is of utmost importance.
Ethics
Syllabus: “Laws, rules, regulations and conscience as sources of ethical guidance; Accountability and ethical governance”
Q3. During situations that create ethical dilemmas, what should we follow- law or conscience? Critically analyse (10M)
Introduction:
Conscience is the part of us that judges how moral our own actions are and makes us feel guilty about bad things that we have done or things we feel responsible for. Law as per Thomas Hobbes is the public conscience.
Body:
As George Bancroft said “Conscience is the mirror of our souls, which represents the errors of our lives in their full shape.”
Following the Law:
- Social Order: Following the law helps prevent chaos and provides a structured framework for individuals to interact.
- Predictability and Consistency: Laws provide a clear set of rules and expectations, ensuring that everyone is held accountable by the same standards.
- Respect for Authority: and institutions responsible for creating and enforcing regulations. It contributes to the stability of the legal system.
- Legal Safeguards: Legal systems are designed to protect individual rights and provide avenues for dispute resolution.
Following Conscience:
- Ethical Values: Following one’s conscience allows individuals to act in alignment with their moral compass and values.
- Flexibility and Adaptability: Ethical dilemmas may arise in situations where the law is inadequate or doesn’t fully address the complexities. Conscience enables individuals to make morally informed decisions in such circumstances.
- Promotion of Positive Change: civil rights movements, social reforms, and other positive changes when laws were unjust or discriminatory.
- Humanitarian Concerns: Conscience prompts individuals to prioritize humanitarian considerations, even when legal requirements fall short. For instance, helping refugees.
The choice between law and conscience isn’t always straightforward, but the main factors to consider is :
- Legal Legitimacy: While laws are established by legal authorities, not all laws are ethically justifiable. Conscience can guide individuals to question and challenge laws that violate fundamental human rights. For Instance, the sedition laws in India.
- Cultural and Moral Context: Cultural norms and moral values can differ widely. Conscience may reflect a broader understanding of morality that goes beyond legal boundaries.
ex- during Civil Disobedience: Figures like Mahatma Gandhi and Rosa Parks practiced civil disobedience, following their conscience to challenge unjust laws and inspire social change.
As Albert Einstein wisely stated, “Never do anything against conscience, even if the state demands it.” This quote underscores the importance of conscience in guiding our actions, even when faced with legal mandates. Ultimately, a harmonious coexistence between law and conscience leads to a more just and compassionate society.
Conclusion:
The choice between following the law and conscience is a complex matter that depends on the situation, individual beliefs, and societal context. A nuanced approach involves evaluating the ethical implications, potential consequences, and the broader impact on society.
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