Governance

Pressure Groups

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Pressure Groups

Pressure Groups

This article deals with ‘Pressure Groups.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

What are Pressure Groups?

  • Pressure Groups are groups of people trying to pressurize the administrative-political system to protect and promote their interests. 
  • These groups operate outside formal governmental structures and focus on specific issues or causes.

How & why they were born in India?

Market Economy

  • In the market economy, there is a struggle over tax/tariffs and a race to get concessions from the government. Different business groups emerged (e.g. FICCI, ASSOCHAM etc., in India) to pressurize the government to make policies that serve their interests.

Welfare State

  • The government started to look after welfare functions, e.g. reservations in education & jobs.
  • Different groups emerged to safeguard their interests.

Political Angle

  • Politicians set their priorities according to the vote bank because they ultimately need votes to win elections. Hence, politicians will always favour landless labourers and workers because their number is more. 
  • In this case, Zamindars and Businessmen will try to protect their interests by forming a pressure group because, number-wise, they can’t win. 

Activist Angle

Pressure groups are also formed to protect the rights of people. E.g.,  

  • Narmada Bachao Andolan: To rehabilitate the displaced and protect the environment 
  • Mazdoor Kisan Shakti Sangathan in Rajasthan pressurized government to form RTI 

Political Party vs Pressure Group

Political Party vs Pressure Group
Political Party Pressure Group
They are permanent  They are temporary
They have a long-term vision & aim. They are formed on ideological lines, common values and preferences They have short-term & narrow vision. In some cases, they may focus on a single issue (for instance, opposing a planned road development). 
They have cadre based organization  They don’t have any cadre
Eg : BJP, INC, BSP etc. Eg : FICCI, ADR etc.

Type of Pressure Groups

The different types of pressure groups found in India are business groups, trade unions, peasant groups, student groups, teachers’ associations, caste and religious associations, women’s associations, etc.

1. Business Groups

  • Business Groups are the most important and organized pressure groups as they have enough resources to safeguard their interests.  
  • E.g., FICCI and the Associated Chambers of Commerce (ASSOCHAM).  
  • Business Pressure Groups exert pressure via funding parties. 

2. Trade Unions

  • Trade Unions are closely affiliated with political parties 
  • The main weapon of Trade Unions includes strikes and demonstrations.

3. Peasant Organizations

  • Peasant Organizations were present even before independence. But after the abolition of Zamindari & Green Revolution, they became very important. 
  • Examples of Peasant Pressure Groups include All India Kisan Congress, Akhil Bharatiya Kisan Sangh etc. But these peasant groups have been organized on a territorial basis. 
  • Their demands relate to procurement prices, fertilizer subsidies, electricity charges, etc.  

4. Student Organizations

  • Student Organizations are mostly affiliated with political parties. 
  • Examples of Student Pressure Groups include 
    1. National Students Union of India (NSUI) (affiliated with the Congress Party) 
    2. Students Federation of India (SFI) (affiliated with the Communist Party of India) 
    3. Akhil Bharatiya Vidyarthi Parishad (ABVP) (affiliated with BJP)   
  • They try to pressurize governmental policy on various crucial issues and their activities are not just confined to educational issues

5. Community Associations

  • The Community Associations are organized on the basis of caste, class and religion.  
  • These include
    1. Caste Organizations: Scheduled Caste Federation, Backward Caste Federation, etc.  
    2. Religion Organizations: Vishwa Hindu Parishad, Northern and Southern India Christian Conference, etc.   

Interest Groups vs. Cause Groups

Interest Groups 

  • Interest Groups are pressure groups representing a particular interest of society: workers, employers, consumers or religious groups, etc. 
  • Their membership is limited to people of that interest.
  • For example
    1. Trade Unions (like AITUC)
    2. Business Corporations (FICCI and ASSOCHAM)   
    3. Professional Bodies
    4. Regional Groups (like Bajrang Dal)
    5. Caste Groups (like Karni Sena, Jat Mahasangh etc.) 

Cause Groups

  • Cause Groups are based on a certain cause  
  • Causes range from charity, poverty reduction, environment, human rights, transparency in governance etc. 
  • Membership is open to all. Members are motivated by altruistic concerns   
  • For example
    1. Mazdoor Kisan Shakti Sangathan: Working for transparency in governance  
    2. PETA: Working for Animal Rights 
    3. India against Corruption: Working to end corruption in India 

Tools and Methods of Functioning of Pressure Groups 

These methods and tools can be broadly divided into following groups

Tools and Methods of Functioning of Pressure Groups

Meetings with Ministers and Civil Servants 

  • Ministers and Civil Servants are the centres of power.
  • Pressure Groups (like FICCI or ASSOCHAM) aspire to get in touch with them to get some sort of concessions.

Lobbying

  • Lobbying is the act of loitering in lobbies of  legislative assembly and influence decisions of law-makers
  • Pressure groups try to take their voice to the Parliament through MPs and MLAs as changes can be brought in details of the acts, and their issues can reach a larger audience through Parliamentary Questions. 

Funding Political Parties

  • All parties need funds to fight elections. Pressure Groups with financial strength can fund the political parties in the hope that they will safeguard their interest if they form their Government.

Direct  Action

  • Pressure groups may resort to direct action methods such as strikes, boycotts, sit-ins, and demonstrations to draw attention to their concerns and compel policymakers to address them. These actions aim to disrupt normal functioning to create pressure for change.

Coalition Building

  • Pressure groups often form alliances and coalitions with like-minded organizations and individuals to amplify their collective strength and impact.

Expert Testimony and Consultations

  • Pressure groups may provide expert testimony and participate in official consultations, committee hearings, and public forums to contribute their specialized knowledge and shape policy debates.

Media Engagement

  • Pressure groups utilize media channels, including print, electronic, and digital media, to disseminate their messages, highlight their concerns, and reach a wider audience. 

Research and Policy Analysis

  • Pressure groups conduct in-depth research and policy analysis to gather evidence, data, and arguments supporting their positions. They may commission studies and publish reports.

Litigation and Legal Advocacy

  • Pressure groups may resort to litigation and legal advocacy to pursue their goals. They file public interest litigations (PILs) in courts to seek judicial intervention and influence policy outcomes through legal means.

Role & Benefits of Pressure Groups

1. Representation to Unrepresented

  • Pressure groups provide voice to groups and interests that are inadequately represented during elections. 
  • For example
    1. Women’s organizations such as Self Employed Women Association (SEWA), NCW etc., worked for the formulation of women-friendly laws like the Protection of Women from Domestic Violence Act of 2005.  
    2. In the North-Eastern State of Manipur, Pressure groups such as ‘Just Peace‘ and  Meira Paibis (women’s groups)  are trying to influence the Government to listen to people’s genuine grievances.  

2. Policy Formulation

  • Pressure groups in India play a significant role in the policy formulation process.
  • For example
    1. Business Groups like FICCI and ASSOCHAM are consulted by the government while forming Business Policy
    2. Kisan Unions like All India Kisan Congress are consulted by the government while forming agricultural policies 
    3. Students Unions like ABVP, NSUI, AISF etc., are consulted by the government while forming education policies. 

3. Persistent check on the government’s power

  • Elections are held just once in 5 years. In such a situation, these Pressure groups keep a check on the government all the time.
  • In cases where the government oversteps its boundaries or violates the law, pressure groups can take legal action, direct action, or mobilize public opinion.

4. Education

Pressure groups educate people through political debate and discussion. They gather and disseminate information about their cause or issue of concern. E.g., 

  1. Association for Democratic Reforms (ADR) releases reports to educate people on political issues and elections.  
  2. Greenpeace is an environmental pressure group that educates people about environmental issues like pollution, deforestation, and climate change.  
  3. Internet Freedom Foundation (IFF) is an organization that advocates for digital rights, internet freedom, and privacy in India and educates people about online surveillance, data privacy, and censorship issues.

5. Other Benefits

  • Ensures pluralism in the representation of interests: In policy-making, you will find a group which demands a complete ban on tobacco to a group of tobacco manufacturers who is the pressurizing government not to implement such policies 

Points against Pressure Groups

Create Political Inequality

  • Instead of dispersing power widely, pressure groups tend to empower the already powerful. Pressure groups often have varying levels of resources, such as funding, expertise, and connections, which can give them greater access to decision-makers and policymakers.

Tyranny of the Minority 

  • Pressure groups aid in preventing the “tyranny of the majority.” However, pressure groups may create the opposite problem, i.e. Tyranny of the Minority.   
  • These groups sometimes ransack the whole state, e.g. Jat Agitation, in which property worth Billions was vandalized. 

Decreases the Legitimacy of the Government

  • When government work under pressure from Pressure groups, the common public loses trust in the government.

‘Behind the Scenes’ influence

  • Due to this, the governance lacks transparency and accountability.

Comparison of Indian and Western Pressure Groups

  • The pressure groups in the USA are regarded as the fourth organ of the government, while the Indian pressure groups are not yet able to play the same substantial role.
  • In India and Great Britain, Pressure Groups target cabinet and civil service. However, the targets of American pressure groups are Congress and its committees.   
  • Indian pressure groups based on caste, religion, region, etc., are more powerful than modern groups like business organizations which are powerful in Western nations.
  • In the USA, pressure groups are interested in foreign policy issues, while in India,  pressure groups are concerned more with domestic policy issues and problems.

MNREGA

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MNREGA

This article deals with ‘MNREGA.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Introduction

  • Government as an employer of the last resort is an idea that has existed since Great Depression in United States.
  • However, MGNREGA takes this policy to a new realm because of its massive reach, universal nature, and its initiation during a period of rapid economic growth.

About Program (prelims)

  • MGNREGA = Mahatma Gandhi National Rural Employment Guarantee Act (2005)
  • Under Ministry of Rural Development
  • Provides a legal guarantee for 100 days of employment  to adult member of any rural household willing to do unskilled manual work
  • It is demand driven scheme (not supply driven)
  • Wages are to be paid according to the Minimum Wages Act 1948 for agricultural labourers . Equal wages will be provided to both men and women.
  • 60:40 wage and material ratio has to be maintained ( labour-intensive nature of the scheme)
  • Central Govt pays  100 percent wage cost of manual labour & 75 percent of the material cost
  • Social Audit has to be done by the Gram Sabha (legal provision).

Achievements of MNREGA

  • Revitalization of Rural Labour Markets : Poor workers have got bargaining power to demand higher wages .
  • Women : Women are getting work as right leading to their emancipation  (dealt separately).
  • Sustainable Assets in water harvesting created especially in states like Bihar , Gujarat, Rajasthan etc . This also led to increase in agro productivity .
  • Hundreds of bonded labour (Saheriya Adivasis) in Rajasthan freed from generations of bondage. 
  • MGNREGA has reduced distress migration.
  • Has shown some unintended benefits => Banks account opened by poor workers because wages were paid through  banks (Financial Inclusion).
  • Empowering Gram Panchayats :  act gave gram Sabhas the mandate to plan their own works and untied funds to execute these works. No other scheme has placed funds at this scale (Rs 15 lakh per year on average) directly with Gram Panchayats.
  • MGNREGA has served as an important shock absorber for the rural economy by providing an important relief in times of distress eg distress situation created by drought .

Criticism

  • Corruption : workers not paid in full or forced to pay bribes to get jobs + ghost workers
  • Poor Quality Infrastructure : Roads and irrigation canals built by unskilled labour  are of very poor quality (₹ 3 trillion spent without tangible outcomes)  .
  • No attempt is made to impart skill among workers.
  • MGNREGA pushed up rural wages without having much of an impact on rural productivity. 
  • MGNREGA program has been found to distort labour markets
    • Construction companies complain that NREGA has affected the availability of labour  .
    • MGNREGA has contributed to farm labour shortage in states like Punjab & Haryana .

According to some experts whole ideology on which MGNREGA is based is flawed because it is trying to contain migration of labour. As B.R. Ambedkar pointed out nearly a hundred years ago, the real solution to rural distress is to be found in rapid industrialization as well as urbanization. Govt shouldn’t stop  time tested process of migration & instead provide more job facilities in urban centres.

Suggestions to improve

  • MGNREGA should have an intensified focus on marginalised communities in the most backward blocks
  • Emphasis  on skill development  
  • Act should  be linked with the Socio-Economic Caste Census to ensure better targeting. 
  • Fighting corruption through the use of IT and community-based accountability mechanisms
  • Suspend  the NREGA programme during peak farming periods
  • In order  to  create  the  productive  assets,  the  scheme  should  be  converged  with  related  programmes  in the department  of agriculture,  irrigation, animal  husbandry  and  road  transport.

Side Topic : Why  higher  women  participation  in  MGNREGA

Women  participation  in  the  flagship  rural  job  scheme  MGNREGA  has  clocked  around  51%  in financial  year  2015-16. 

  • Wage  differential:  in  informal  sector,  there  is  generally  greater  wage  differential  between man  and  women,  whereas  MGNREGA  provides  equal  wages
  • Work  near  to  home
  • Unskilled  work:  since  work  provided  in  MGNREGA  is  unskilled,  men  who  are  educated  or can  find  work  in  near-by  towns,  does  not  seek  work  and  women  from  household  take  part in  work.
  • Migration:  generally,  men    migrates  to  urban  areas,  leaving  women  behind who  in  turn  go  to  MGNREGA  
  • Work  place  facilities:  MGREGA  says  that  crèche  facility  must  be  made  available  at  worksite
  • Mobilisation  by  Self Help Groups  in  Kerala  and  other  organizations  in  Rajasthan.

This  show  that  if  equal  wages,  better  facilities  at  work,  working  facilities  closer  to  home  are  provided women  take  active  participation  in  work.  

Film Certification Issues

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Film Certification Issues

This article deals with ‘Regulatory Bodies.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Cases in news

2019 Nanak Shah Faqir certified by CBFC but not allowed to be screened in Punjab  
2018 Supreme Court in case related to Padmavat has laid down the law: Once a film has been cleared by the Central Board of Film Certification (CBFC), it has the right to state protection for screenings. States cannot suspend screenings citing law and order concerns. 
2017 Board refused to issue a film certificate to  Lipstick Under My Burkha (2017),  claiming film  portrayed a woman’s “fantasy above life” &  contained sexual scenes, abusive words, audio pornography that degraded the Indian culture. 

Central Board of Film Certification (CBFC)

How CBFC work

  • CBFC was created under Cinematograph Act, 1952 & is a statutory body
  • Main function = regulate the exhibition of films . 
  • Headquartered in Mumbai
  • Central Government appoints  non-official members and a Chairman who constitute the Board 
  • CBFC has  nine Regional Offices  . 
  • Upon receiving an application for certification, relevant regional officer appoints an Examining Committee. Body assign each film to one of the four categories –
    • U – Unrestricted public exhibition
    • A- Restricted to adults
    • UA –Unrestricted public exhibition (with word of caution that Parental discretion required for children below 12 years)
    • S – viewing by  special class of persons (for example: doctors)
  • If the applicant isn’t happy with the certification , he can apply to the Revising Committee
  • In case of persisting dissatisfaction ,  matter goes to independent Appellate Tribunal, whose members are appointed by I&B . Any further dispute goes to court.

Main Issues & Analysis

1 . Autonomy of CBFC

  • Cinematograph Act, 1952 empowers Central Government with overriding powers on censorship of films.
    • All members of CBFC including Chairman are appointed by and holds office “during the pleasure of the Central Government
    • Centre  can uncertify a film already certified.

2. Vagueness in language

  • Certification under Cinematograph Act, 1952 can be denied if it is against security of state, challenges sovereignty and integrity etc . All these are inline with restrictions on Freedom of Speech under Article 19(2)but  there is  no clause in Cinematograph Act that SC judgements on Article 19(2) should be kept in mind while making judgement. This create problem because CBFC interpret these terms vaguely and take upon itself the role of moral policing 

3. States overruling CBFC & Courts order

  • Even films with certificates have been stopped at the State level on a perceived threat to law and order. These include
    • Punjabi film Sadda Haq
    • Kamal Haasan’s Viswaroopam
    • Prakash Jha’s Aarakshan
    • Sanjay Leela Bhansali’s Goliyon Ki Rasleela Ram-Leela etc

4. Sticking only to Certification

  • CBFC does not always see itself as a certifying authority, but rather plays role of censor .
  • Even Shyam Benegal Report has suggested  that  CBFC should only certify a film.

Case for Censorship

A passage of a 1989 Supreme Court judgement (S. Rangarajan v P. Jagjivan Ram) says in part: “The combination of act and speech, sight and sound will have a strong impact on the minds of the viewers and can affect emotions. Therefore, it has potential for evil & Censorship by prior restraint is, therefore, not only desirable but also necessary.’’

Shyam Benegal Committee

Union Ministry of Information & Broadcasting constituted a committee headed by noted film-maker Shyam Benegal to look into revamping the film certification process by Central Board of Film Certification (CBFC).

Committee submitted its recommendations . Most important among them were

  • CBFC should only be a film certification body
  • In case, film goes beyond relaxation under Article 19(2), CBFC can deny certification. But  CBFC will have to give proper explanation
  • Members of Regional Boards which are selected by government should instead be selected by bodies like Film Federation of India (FFI), National Commission of Women (NCW) , National Commission for protection of Child Rights etc
  • More Categories : CBFC should be more specific and apart from U category
    • UA Category can be broken up into further sub-categories – UA12+ & UA15+.
    • A category should also be sub-divided into A and AC (Adult with Caution) categories.
  • In order to preserve Indian Cinema,  every applicant be asked to deposit the Director’s Cut in the NFAI(National Film Archives of India)  for preservation of Indian Cinema, instead of the certified version
  • Out-of-turn certification may be permitted for which the applicant would have to pay 5 times the fee 

Problems

  • Still not clear that whether Supreme Court’s judgement will be kept in mind regarding  Article 19(2) 
  • Similar recommendations were earlier given by committees like  Justice  Mudgal Committee in 2012  but nothing came out after that. 

Way forward

Government should quit the arena of film certification and let the body setup by Industry decide film certification. This is the model in place in all the democracies. In US , rating system is overseen by an industry body (Motion Picture Association of America) & difference in the potential box-office earnings of films allows filmmakers to make decisions based on market logic

Cricket Governance

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Cricket Governance

Following the spot match fixing scandal in IPL and the issue of extreme political interference in the working of BCCI, the Supreme Court (SC) had appointed a committee to look into the matter under the chairmanship of former CJI RM Lodha  The Committee suggested sweeping reforms in the troubled BCCI. 

2015 : Supreme Court appointed Lodha Committee to improve cricket administration in India.

Recommendations of Lodha Committee

Analysing Legalising Betting

July 2018 : Law Commission has reported to Government of India that since it is impossible to stop illegal gambling in India, the only viable option is to “regulate” it . Law Commission has recommended “cashless” gambling

  • Transaction between Gamblers to be linked to PAN & Aadhar card
  • Cap on number of gambling transactions
  • Regulations to protect vulnerable groups from exploitation

Present Law

  • The law— gambling is largely governed by the Public Gambling Act of 1867
  • Only  gambling in ‘games of chance’ is prohibited. Games of skill have no restriction. This distinction essentially means horse-racing is only sport in India in which gambling is legal. 

Other problem (legal)

  • Betting is a state subject — to legalise sports betting pan India,  each state have to make law legalising it separately .
  • A shorter route would be for the Council of States to pass a resolution stating that Parliament should legislate on sports betting in national interest.

Arguments that betting should be legalised

  • Gambling cant be eliminated and thrives underground . Hence, it is better to regulate it.
  • Taxing the gambling will generate revenue which can be used in public welfare measures (about ₹20,000 crore in tax revenue)
  • It will reduce money laundering
  • Western Nations have legalised it and results are good. We can take example from other countries & sports like betting on football is legal in UK and this has helped in making football Premier League more attractive & opportunity to fans to bid legally on their teams .
  • Gambling is not new to India and is part of Indian traditions.
    • Betting on Horse races already legal in India
    • Naradasamriti describes gambling as lawful amusement when carried in public gambling houses
    • Kautilya also says gambling should be done in regulated way

Arguments that betting shouldn’t be legalised

  • Not good especially in India due to huge poverty in India. Given the bitter results, many states have banned lottery in India, since poor people spend their money to test their fortune .
  • Gambling will lead to other social evils like alcoholism, drug abuse, sex trade etc .
  • Lessons learned from Mahabharata : Pandavas and teachings of Gandhi .
  • It’ll be very difficult for the government to curb illegal cricket betting as it is very efficient closed-door system (why to pay tax if underground betting provide same without paying tax) .
  • India can take example from Brazil where socio-economic situation is more like India . In  2014(near World Cup) Brazil realised it was missing out on a huge revenue generator, and  made betting legal . This led to gambling addiction, and even a rise in crime.
  • If cricket betting is legalised, there will be efforts to fix more games. It will be a nightmare for law enforcement agencies.

Jail Reforms

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Jail Reforms

This article deals with ‘Jail Reforms.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Introduction

  • Oct 2018 :  Supreme Court formed a committee on prison Reforms headed by former Supreme Court judge, Justice Amitava Roy. (But this is not the first time that such a body is being set up, example being the Justice A.N. Mulla committee )
  • June 2017 : murder of a women life convict in Byculla women’s prison over missing ration

Punjab Cases

  • March 2019 : IG PS Umranangal given special treatment in Jail in blatant violation of Punjab Jail Manual
  • Evergreen issue : periodic seizure of drugs and mobile phones from inmates
  • 2012 Bibi Jagir Kaur : Special treatment given to her in Kapurthala Modern Jail

Problems with Prison System

  • Overcrowding : occupancy rate at all-India level was 114 %
  • Jail Manual Problem
    • Outdated Jail Manuals prepared during Colonial Times.
    • Prison management is a state subject. Therefore, there are great variations in Prison manuals among different states.
  • Frequent cases of Custodial Deaths, Custodial Suicides & Custodial Rapes
  • Undertrials : Number of under-trials constitute 67% of total inmates (UK : 20%) with major reasons being lack of money to obtain bail or delay in trial. NHRC has called this a case of blatant Human Right violation 
  • Neglect of health and hygiene and giving Insufficient food and inadequate clothing
  • Focus on retributive justice rather than reformation and rehabilitation
  • Availability of drugs inside the prisons
  • Access to mobiles to prisoners to beat the communication protocol.
  • Influential prisoners get concessions  privileges and favourable exemptions like recent V.K. Shashikala Case (Tamil Nadu)
  • Difficulty of re-integration in Society : No Vocal Training and  psychological help given so that prisoners on release can re-integrate in society. Most of times, jails produce hardened criminals instead of reformed person

Solutions

  • Surveillance & Monitoring :
    • Supreme Court last year ordered to install CCTV cameras in all the prisons in the country.
  • Reforms in bail laws– so that bail remains a norm and jail an exception for all people not just rich and affluent. It will address problem of Overcrowding and Undertrials
    • May 2017 – Law Commission headed by Justice (Retd) BS Chauhan highlighted  once again that bail is the norm and jail the exception  but it’s application is limited to rich and affluent while people from lower socio-economic strata languish in jails. Commission recommended to make it easier for all those awaiting  trial to obtain bail
    • Law Commission has also recommended to Amend CrPC such that (268 Report, 2017)
      • Those detained for an offence that would attract up to seven years’ imprisonment be released on completing one-third of that period (currently , it is half)
      • those charged with offences attracting a longer jail term, after they complete half of that period.
      • For those who had spent the whole period as undertrials, the period undergone may be considered for remission.
  • Focus on reformation – provide them vocational training, employing them meaningfully after release, creating an open prison system for non-hard core criminals etc. should be tried
  • Upgradation and Uniformity in Manuals  –
  • Justice Mulla Committee suggested setting up of a National Prison Commission as a continuing body to bring about modernization of prisons in India.
  • Implement National Human Rights Commission (NHRC) Guidelines to Custodial Deaths  : FIR should be filed and all cases must be reported  to the NHRC within 24 hours of their occurrence . Erring prison officials should be given exemplary punishment . 
  • Make Comprehensive anti-torture legislation – Even Supreme court has told government to consider passing a comprehensive anti-torture legislation
  • Reintegration within Society : Parivarthana programme taken up in Andhra Pradesh has proved to be a boon to prisoners to reform themselves and lead a dignified life after their release from jail. Under this, Parivarthana Centres have come up at district jail and sub-jails.
  • Option of Open Jails can also be considered which follows rehabilitative approach instead of retributive one.

Lateral Entry in Civil Services

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Lateral Entry in Civil Services

This topic remains in news . Eg : In 2019 , UPSC has selected 9 professionals to work in the capacity of joint secretaries in the Government of India.  

Lateral Entry means people from outside the organization are also considered for recruitment at middle & higher level.

Why Lateral Entry?

  • Specialized knowledge , new Ideas, fresh energy, good practices and Innovative work culture comes in from diverse fields to insular bureaucracy
  • Induce competitiveness – Now Civil Servants have to compete with others too to reach at the top.  Lethargic attitude will diminish. So the prospects of lateral entry will always propel overall efficiency.
  • International Examples : Australia, Belgium, New Zealand,  UK,  Netherlands and  US follow this system successfully.
  • There have been government commissions and reports advocating the lateral entry of specialists.  6th Pay Commission, 7th Pay Commission, Niti Ayog  and Second ARC & Hota Committee (2004)  were unanimous on lateral entry.
  • Deficit of Middle Level Officers :  Baswan Committee (2016)  noticed overall 20% shortfall of IAS cadre officers and states are unwilling to send their officers on deputation to Central Government.  Lateral Entry can help in addressing this issue
  • Competitive federalism requires state and union to hire persons with specialized skills and knowledge for informed policy making
  • IAS officers get recruited at very young age when it is difficult to test potential administrative and judgement capabilities making it prone to both type I and type II errors ie some who are potentially good administrators fail to make it, and some who do make it, fall short of the requirements. Mid-career lateral entrants with proven capabilities will help bridge this deficiency.

With governance becoming increasingly complex, experts need to be at the forefront . Present Bureaucracy is seen as a monolith with no scope for improvement, self-serving & obstructionist license-quota Raj vestige. It is an argument well-known to students of public administration that Weberian bureaucracy is status-quoist, and is not fit to administer a chaotic, rapidly growing country . Hence, Lateral Entry can provide new lease of life to bureaucracy.

Current State Of Lateral Entry?

  • It  has been done but at a limited scale and at very high level.
  • Few examples are RBI  Governor & NITI Aayog Vice president
  • The idea of inducting exceptional talent from outside is not entirely new. K.R. Narayanan, India’s 10th President, joined the Indian Foreign Service at the behest of the then Prime Minister Jawaharlal Nehru, apparently without appearing for the qualifying examinations. He was strongly recommended by the renowned political theorist Harold J. Laski. Some recent examples include the appointment of Nandan Nilekani (Chairman of UIDAI), Montek Ahluwalia (Planning Commission) , Raghuram Rajan (Governor of the Reserve Bank of India) and various other experts in the Niti Aayog and other government bodies. 

Challenges For Lateral Entry?

  • Dangers for creation of Spoil System (Politically motivated selection)
  • Opposition from Civil Servants whose chances of promotion are reduced.
  • Short term lateral entrants can misuse their office when they occupy that post and later can misuse the insider information putting national security at risk.
  • Best talent can be attracted in civil services only if there is reasonable assurance of reaching top level managerial positions
  • Width and depth of field experience which the civil services provide is simply not available with outside talent
  • Civil services administrative framework has integrated the diverse country into a coherent whole. Therefore, we should not tamper with the framework
  • Lateral entry does open the risk and prospect of powerful corporate groups placing their men in key positions of government.
  • Issue of reservation : There are no provisions regarding Reservation in 10 Joint Secy Level posts (2018)

How it should be handled?

  • Transparency and accountability are two important factors that should not be underplayed in hiring lateral entrants. Discretion on lateral entry may pave the way to charges of being “politically motivated”, which may degrade the system.
  • A credible agency like the UPSC should be entrusted with the responsibility of recruitment. This would help avoid many pitfalls associated with general lateral entry.
  • For this, the ARC recommended the establishment of a Central Civil Services Board to deal with issues concerning lateral entries. But the body, which would have ensured a robust and accountable system of lateral entry, is yet to come into existence.

Role of Civil Services in a Democracy

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Last Updated: May 2023 (Role of Civil Services in a Democracy)

Role of Civil Services in a Democracy

This article deals with ‘Role of Civil Services in a Democracy.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Introduction

Civil services in India refer to the administrative services of the Government of India, which are responsible for the implementation and execution of various government policies and programs.

Role of Civil Services in a Democracy

1. Civil Servants as Agents of Economic Development

Civil servants play a crucial role as agents of economic development in India. As government officials are responsible for implementing policies and delivering public services, civil servants directly impact the country’s economic growth and development.

  1. Revenue and Resource Mobilization: Civil Servants look after planning, resource allocation and resource mobilization by managing taxation, subsidies, grants and financial administration.
  2. Program Implementation: Civil Servants are behind the strategy and program formulation & implementation for the development & modernization of the nation. 
  3. Manage Government-owned Enterprises: Civil servants manage government-owned businesses, industrial enterprises and public utility services. 
  4. Regulatory framework and governance: Civil servants are responsible for establishing and enforcing regulatory frameworks that govern various sectors of the economy and ensure transparency, accountability, and fairness in business practices.
  5. Infrastructure development: Civil servants are involved in planning and executing infrastructure development projects, such as roads, railways, ports, airports, power plants, and urban facilities.
  6. NITI Aayog CEO to District Magistrate are all IAS which ensures balanced development of all states and tehsils.

2. Civil Servants as Agents of National Integration

The Indian Civil Services, particularly the Indian Administrative Service (IAS), plays a crucial role in ensuring the unity and harmony of the country by upholding the principles of impartiality, fairness, and inclusiveness.

  1. Administration of Diverse Regions: India is a diverse country with various cultures, languages, religions, and socioeconomic backgrounds. They ensure equal development of all regions of the nation and thus help in national integration. 
  2. In a newly formed nation, the bond of nationalism between people of different regions is very weak. Civil Servants act as Steel Frame to keep the nation together in such situations. Vallabhbhai Patel knew this, and as a result, he didn’t dismantle ICS Officers and just changed its terminology to IAS.
  3. Maintaining Law and Order: Civil servants, especially those in the police and administrative services, play a crucial role in maintaining law and order and ensuring that communal tensions are diffused, conflicts are resolved peacefully, and all citizens can live in a secure and harmonious environment.
  4. In All India Services, officers from one region are sent to serve in another region. In these situations, these officers can work well because they are free from any bondage.

3. Role of Civil Servants for making India a Welfare State

  • Since the constitution envisages India to make a welfare state, the government must take care of minorities, workers, children, women, and youth. Hence, government require a large number of generalist & specialist officers who will work according to the needs of these groups. 
  • Civil Servants conduct research, analyze data, and provide expert advice to policymakers. Their inputs help shape policies that address social inequalities, provide essential services, and uplift marginalized sections of society.
  • Anti argument: This Bureaucracy becomes self-perpetuating. Instead of being sensitive to their needs and being the facilitators, they become the main impediment to the development of people. It is seen in India now when Bureaucracy has lost touch with the general public. 

4. Role of Civil Servants in Execution of Program

  • Civil Servants execute all government programs. E.g. the Right to Education is made by Parliament, but to make that work, it is the Civil Servants who do hard work to implement it in schools. 
  • Civil servants engage with various stakeholders to gather feedback, build partnerships, and ensure program success. They collaborate with community organizations, businesses, and citizens to identify needs, address concerns, and foster collaboration.
  • Civil servants monitor and evaluate the progress and impact of government programs. They develop performance indicators, collect data, and analyze outcomes to assess program effectiveness.
  • Anti Arguments: But we have seen nowadays most of the schemes are implemented on paper with almost no work visible on the ground. Execution of work cant be solely left to them because they aren’t accountable to people and aren’t elected representatives

5. Civil Servants as Channel of Communication to/for the State 

In a democracy, each section has aspirations, needs and problems. Bureaucracy is the only mechanism to convert the demand of these people into policy. E.g., If Farmer needs water, he will report to District Collector, and then District Collector will place that information in front of the Irrigation Department.

6. Civil Servants as Knowledge Bank 

  • Civil Servants are transferred from one place to another. They serve in all types of areas and become a repository of huge practical knowledge. This knowledge helps in the formation of better policies.  
  • Along with that, Secret Information like Foreign Affairs and a database of secret agents working abroad can’t be left in the hands of elected representatives. Such information is handled by Civil Servants only. 

7. Civil Servants provides Continuity

Civil Servants carry on the governance when governments change due to elections or any other reason. 

Ramsay Muir on Role of Civil Services in a Democracy

8. Civil Servants as Crisis Managers

  • In the event of natural calamities, the Civil Servants come first to help & act quickly and undertake rescue operations to prevent the loss of life and property of the affected people.
  • They act as moral boosters and life savers in times of calamity. 

Problems with Civil Services 

  • Top Down Approach of Decision Making: Given the elitist composition of the IAS cadre, the administrators are unfamiliar with the complex ground realities. IAS hierarchy is insensitive to the needs, constraints and aspirations of local populations. 
  • Lack of Accountability: Lack of transparency and the proliferation of departments with conflicting jurisdictions make evading responsibility easy. Instances of non-performance, negligence, and misconduct are not adequately addressed, leading to a culture of impunity.
  • Incompatibility with Changing Political Scenario (after 73 & 74 Amendment): In the political sphere, although Panchayati Raj (elected local governance) has been instituted, the District Collector and the rest of the local Bureaucracy continue to be accountable to the governments in the state capitals. Elected representatives find their initiatives thwarted.  
  • Insecurity of Tenure: IAS officers are not protected from persecution by their political bosses. They have to kowtow to the dictates of these masters, even if that means working against the interests of the people.  
  • Weberian Model of Bureaucracy: More concerned with Processes than Results due to the Weberian Model of Bureaucracy.
  • Bureaucratic Red Tape: Indian Civil Servants are known for their red-tapism and act as impediments in public works. 
  • Unable to change: Rapid and fundamental changes are occurring in India due to rapid economic growth, urbanization, environmental degradation & technological changes. The amount of time it takes to react to these changes is substantially shorter than it ever was. But our Civil Services haven’t changed at the same pace with the changing situations.

Suggestions to Improve Civil Services

  • Training should be revamped: Currently, much of the focus of the training program for civil servants is on imparting them administrative and technical skills. What is required is that the maximum focus should be on imparting democratic and ethical values so that they can show empathy and compassion towards the weaker sections during their tenure as civil servants. Technical skills could be learned during the service. 
  • Break Insulation in Labour Market: Bureaucratic structure in India is an insulated labour market. A lateral entry into contractual jobs with a well-defined career progression should exist. 
  • Performance-based promotion: Instead of a seniority-based promotion, the government should move towards performance-based promotion.  
  • Fixed tenure: There should be fixed tenure so that committed officers are protected from persecution by their political bosses. 
  • Increasing accountability and transparency – For this 
    • Lokpal should be strengthened.
    • Right of Citizens for Time Bound Delivery of Goods and Services Bill, 2011 should be passed at the earliest. 
    • Provisions of RTI should be implemented in letter and spirit.  
  • Restructure Bureaucracy keeping in view the 73rd & 74th Amendments. 

Recommendations of Various Commissions & Committees wrt Civil Service Reforms

About Recruitment

  • Professor Yoginder K. Alagh Committee has recommended testing the candidates in a common subject rather than optional subjects. 

Training

  • Yugandhar Committee, 2003 has recommended that there is a need for three mid-career training programmes in the 12th, 20th & 28th years of service as a “major shift” takes place at these stages of their career. 

Weeding Out

  • Hota Committee (2004) has recommended to weed out unsuitable candidates like performance review after 15 years of service.  

Efficiency

  • Hota Committee, 2004 has recommended using ICT to make governance more accessible, accountable and effective.

Accountability

  • Santhanam Committee recommended changes in Article 311 of the Constitution of India, like the offering of bribes, should be made a substantive offence. 
  • First Administrative Reforms Commission (ARC) recommended the establishment of Lok Pal & Lok Ayuktas to deal with complaints against Ministers & Secretaries at the Centre & State level.

Performance Appraisal

  • Surinder Nath Committee, 2003  has recommended that the performance appraisal should be done periodically, and those who demonstrate credible records and possess necessary skills should be promoted.