CHAPTER - 21 ADMINISTRATIVE REFORMS & TRIBUNALS COMMISSION/COMMITTEES CONSTITUTED WITH RESPECT TO CENTRE – STATE RELATIONS

First administrative reform commission was appointed in 1966 under the chairman of Morarji Desai

  1. Setalvad Committee-The Setalvad Committee was appointed in 1966 by the Administrative Reforms Commission (1966~69) to study and make recommendations for the improvement of Centre-state relations. The Committee recommended for giving more autonomy to the States within the limits of the constitution
  2. Raja Mannar Committee- This committee was appointed in 1969 by Tamilnadu government for suggesting measures for providing more autonomy to States. Its two other members were -Dr. LaxmanSwamyMuddaliar and P. C. Chanda Reddy. The Committee recommended for-

(i) abolishing the residuary powers or transferring them to ‘.the”, States, (ii) organization of Inter-State Council and (iii) abolition of All India Ser-‘ vice

  1. Sarkaria Commission headed by justiceRanjeet Singh Sarkaria the Commission was appointed on March 24 1983 by the Union governmentstudy and make recommendations with regard to Centre-State relations. The Commission submitted its report its report in-1988.
  2. Punchhi Commission-The Central Government has appointed in April 2007 a new Commission to review the Centre State relations and to make necessary recommendations thereon.

The retired Chief justice of India,  justice Madan Mohan Punchhihas been appointed the Chairman of this Commission.

Second Administrative Reform Commission

  • The Second Administrative Reform Commission was constituted by the Government of India in 2003 under the Chairmanship of VeerappaMoily. The Commission submitted its report on May 31, 2009. The main recommendations made by it are related to:
  1. Right to Information-Master key to Government;

2.Unlocking human capital, entitlements and governance; a case study;

3.Crisis management, from despair to hope;

4.Ethics in governance;

5.Public order, justice for all;

6.Local governance;

7.Capacity building for conflict resolution;

8.Combating Terrorism;

9.Social Capital-A shared destiny;

10.Refurbishing of Personnel Administration-scaling new heights;

11.Promoting e-governance-the smart way forward;

12.Citizen Centric administration-The heart of governance;

13.Organizational structure of Government of India;

14.Strengthening Financial Management Systems;

  1. ‘State and District Administration

ADMINISTRATIVE TRIBUNALS

  • The provisions regarding Administrative Tribunals did not form part of the original Constitution and were incorporated  in the Constitution through the addition of two article – Articles 323A and 323B – by the 42nd amendment in  1976
  • Article 323 A provided for establishment of Administrative Tribunals by a Parliament law for the adjudication or trial of disputesand complaints relating to the recruitment and conditions of service of government servants under the Central Government and the state government, including the employees of any local or their authority within the territory of India
  • In pursuance of this provision, the Parliament enacted the Administrative Tribunal was set up in November 1985

RIGHT TO INFORMATION

  • The Right to Information Act 2005 provides effective access to information for citizens of India, which is under the control of public authorities. It promotes transparency and accountability in the working of every public authority.
  • It extends to the whole of India except the state of Jammu and Kashmir. In order to ensure greater and more effective access to information, it was decided to repeal the Freedom of Information Act, 2002 and enact another law for providing an effective framework.
  • To achieve this object, the Right to Information Bill was introduced in the Parliament and was passed by the LokSabha on 11th May, 2005 and by the Rajya Sabha on 12th May, 2005 and it received the assent on 15th June, 2005.
  • It came on the Statute Book as THE RIGHT TO INFORMATION ACT, 2005 (22 of 2005).
  • The RTI Act specifies that citizens have a right to: request any information (as defined); take copies of documents; inspect documents, works and records; take certified samples of materials of work; and obtain information in the form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode.
  • In case of information concerning corruption and Human Rights violations by scheduled Security agencies, the time limit is 45 days but with the prior approval of the Central information Commission. However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours.

ZONAL COUNCILS

  • Zonal councils were set up under the State Reorganization Act 1956, to ensure greater co-operation among states in the field of planning and other matters of national importance.
  • The Act divided the country into five zones and provided a zonal council in each zone.

The Northern Zone consists of Punjab, Rajasthan, Jammu and Kashmir, Himachal Pradesh and the National Capital Territory of Delhi.

The Central Zone consists of Uttar Pradesh and Madhya Pradesh.

The Eastern Zone consists of Bihar, West Bengal, Orissa, Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh.

The South Zone consists of Andhra Pradesh, Tamil Nadu, Karnataka, and Kerala.

  • In addition to the above, in 1972, a North Eastern council was created for the states of the North Eastern region comprising of Assam, Manipur, Tripura, Meghalaya, Nagaland, Mizoram and Arunachal Pradesh.

Composition – Each zonal council consists of:

  1. A union minister nominated by the President;
  2. The chief minister of each state in the zone;
  3. Two ministers from each state in the zone, nominated by the governors of the respective states; and
  4. One member from each union territory included in the zone, nominated by the President.

These joint meetings are presided over by the Union Home Minister.

TAMILNADU STATE PLANNING COMMISSION

  • The state planning commission   in Tamil Nadu on 25th May 1971 under the Chairman of the Hon’ble Chief Minister as an Advisory Body to makerecommendations to the Governmenton various matters pertaining to the development of the State.
  • The Additional Chief Secretary to Government, Planning, Development and Special Initiatives and the Principal Secretary to Government, Finance Department  are ex-officio Members. The Member Secretary responsible for administration in the Commission The Commission has been reconstituted on 2.7.2011

NATIONAL HUMAN RIGHTS COMMISSION

  • The National Human Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993
  • The most important administrative measure for the protection of Human Rights is the establishment of National -Human rights Commission in 1993 by an act of the Parliament Composition.

The NHRC consists of:

  • A Chairperson who has been a Chief justice of the Supreme Court of India. One Member who is, or has been, a judge of the Supreme Court of India. One member who is, or has been, the Chief Justice of a High Court
  • Two Members to be appointed among persons having knowledge of, or practical experience, in matters relating to human rights. In addition, the Chairpersons National Commissions serve as ex officio members

The main functions of the commission are

1.To enquire into the complaints of human rights violation. In this respect me commission has the powers of a civil court

2.To visit jail to study the conditions of prisoners

3.To promote research and study in the field of human rights

4.To review the preventive detention acts the obstruct employment of human rights by citizens

5.To encourage the efforts of nongovernmental organizations working in the field of human rights

States have also established state level human rights commissions.

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