NON – GOVERNMENTAL ORGANISATIONS

According to the World Bank, “a Non – Governmental Organization (NGO) is a private organization that pursues activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development”. In other words NGOs are legally constituted organizations, operate independently from the government and are generally considered to be non – profit oriented groups who purse purposes of public interest
The primary objective of NGOs is to provide social justice, development and protect human rights. NGOs are generally funded totally or partly by governments and they maintain their non – governmental status by excluding government representatives from membership in the organization
In a democratic society, it is the state that has the ultimate responsibility for ushering development to its citizens. In India, through the progressive interpretation of the Constitution and its laws and policies, the scope of development has been significantly broadened to include not just economic progress for citizens, but also promotion of social justice, gender equity, inclusion, citizen’s awareness, empowerment and improved quality of life. To achieve this holistic vision of development, the state requires the constructive and collaborative engagement of the civil society in its various developmental activities and program. Non – Governmental organizations (NGOs) as the operational arm of the civil society therefore have an important role in the development processes.
India has a long tradition of social, service, social reform and voluntary agencies. NGOs emerged in India soon after Independence when mahatma Gandhi made a plea for dissolving the Indian National Congress ( the political party which came into power upon Independence) , and transforming it into a Lok Sevak Sangh (Public Service Organization ). This plea was, however, rejected nevertheless, it did not halt the formation of Non – Governmental programs on social and economical issues. These agencies organized handicrafts and village industries rural development programs, credit cooperatives, educational institutions, etc.
The second stage of growth of NGOs in India was around 1960 when many individuals noticed that the governmental programs seemed to be inadequate to deal with the deprived sections of India. These groups formed organizations that    the governmental programs seemed to be inadequate to deal with the deprived sections of India. These groups formed organizations that worked on behalf of the poor, the landless, the tribals the bonded labourers, and many other social groups that were being discriminated against by the policies of the state and social structure. These grass roots organizations work at the micro – level and work with limited resources and lack of coordination. Since independence in 1947 until around 1980 there was little effort on the part of the Indian government. In 1980 however, with the sixth five year plan (1980 – 1985), the government identified new areas, in which NGOs as new actors could participate in development. These areas include.

• Optimal utilization and development of renewable source of energy, including forestry through the formation of renewable energy association at the block level.
• Family welfare, health and nutrition, education and relevant community programs
• Health for all programs
• Water management and soil conservation
• Social welfare programs for weaker sections
• Implementation of minimum needs program
• Disaster preparedness and management (i.e. for floods, cyclogy and tribal development, and Environmental protection and education

This plan, nevertheless, was to become a part of a series. Under the seventh Five Year Plan (1985-1990) the Indian government visualised a more active role for voluntary organization to aid in making communities as self – reliant as possible. These groups were expected to show how village and indigenous resources could be used and how human resources, rural skills and local knowledge, grossly underutilized at present could be used for their situation and interaction with local people can be very effective in bringing change. Since they are able to address issues that governments are often not able to comprehend
In the Eight Five Year Plan, the importance of NGOs is further enhanced, paying particular attention to the role of these agencies as participants in rural appraisal for drawing up development plans at a very low cost and involving the rural communities. The plan document states, “A nation – wide network of NGOs will be created. In order to facilitate the working of this network three schemes relating to the working of this network , three schemes relating to the creation, replication, multiplication and consultancy development have been worked out by the Planning Commission”

Role of NGOs in Present Scenario

Today, India has a vigorous NGO sector. Although there has been no complete census of NGOs, it is estimated that about 25,000 to 30,000 are active in India. In fact as of 31st December , 1989, there were 12,313 NGOs registered with the Ministry of Home Affairs, Government of India under the Foreign contribution (Regulation) Act (FCRA) 1976, furthermore, 726 NGOs are unregistered but under the prior permission category
One problem with NGOs in India, was NGOs anywhere else in the world has been the increasing dependency on governmental fund or donations from external (foreign) donors like the World Bank. This dependent relationship has resulted in a lack of flexibility on the part of NGOs to pick their mission and objectives since many are expected to perform certain tasks in return for funding. But, further still, it has also created structures that have become more bureaucratic in nature and, hence, less effective in development. Nevertheless, NGOs are here to stay and will continue to work in India on political, economical or social issues

National Policy on the Voluntary Sector 2007

The National Policy on the Voluntary Sector aims to provide an enabling environment for the voluntary sector and also make it accountable, so that VOs (voluntary Organisations) can play their constructive role in development activities effectively
The main objectives of the policy include.

• Creating an enabling environment for Voluntary Organisations (VOs) that not only stimulates their effectiveness, but also protects their identity and safeguards their autonomy
• Enabling Vos to legitimately mobilise the necessary financial resources form India and abroad.
• Identifying system by which by which the Government may work together with the voluntary sector
• Encouraging Vos to adopt transparent and accountable systems of governance and management

Role of NGOs in Development

NGOs  or voluntary Agencies have played an important role in providing welfare services to the vulnerable sections of the society, the  poor, the wretched, the underprivileged and the deprived. The Reformation Movement of the 19th Century created in its trail quite a number of voluntary orgnaisations particularly for the welfare of women, children and also of the downtrodden. Even today, organizations working for the welfare of women and children are in existence.
The 1st Five Year Plan stated, “A major responsibility for organising activities in different fields of social welfare like the welfare of women and children social education, community development etc. falls naturally on private voluntary agency” Similar dependence on voluntary organizations for promotion the welfare Of the people, these organisations were considered more appropriate instruments for carrying out the task of reaching the people. These organisation were consider more appropriate instruments for carrying out the task of reaching the people because  of their characteristics of flexibility, speed, humaneness and innovativeness
The important roles played by NGOs are stated below.

Participation

The most important role of these agencies is to stimulate active participation of the citizens in matters that concern them and their community. The importance of people’s participation as the key to all anti – poverty and social welfare programmes has been accepted official system is capable of it. These agencies are generally capable of providing linkage between the official programmes and the
beneficiaries.
NGOs try to involve the beneficiaries in decision – making, implementation, monitoring and evaluation of the programmes. The NGOs, through their specific activities, come close to the beneficiaries and educate and train them in regard to their problems, the ways to solve these problems and the obstacles in the way of solving these problems. These agencies create the necessary awareness and develop a position outlook among the beneficiaries. In this way, they play the important role of consciousness raising, awakening, educating  and development of the human beings. 

Organising Beneficiaries

Apart from awakening and mobilising the community, Non – Governmental Organizations (NGO’s) play an important role in organising the beneficiaries. There have been repeated calls that the poor and the exploited should organise themselves and fight to ensure their rights. This is a call to break the unjust policies and to promote revolution change in the rural countryside and in the growing urban slums. The poor, are not capable of this on their own. It is these agencies that try to mobilise and organise the poor so that by applying pressure, the quality of this service and the attitude of the government functionaries may be made to improve. 

Facilitating Various Services

The NGOs play an important role in socio – economic development by way of providing certain services such as building up of infrastructure in depressed or backward areas, providing tractor – hiring services, providing or facilitating credit, supply of seeds, fertilizers, technical know how etc. a number of such agencies are playing an important role in training a cadre of grass roots village workers with the induction of professional expertise and scientific knowledge so that the poor (particularly the rural poor) may learn to depend on themselves and not depend on intermediaries. In this regard, a variety of vocational training programmes have been introduced even for the newly skilled and semi – skilled workers

Supplementing Government Efforts

Traditionally, it is the voluntary agencies in India, which have been doing a lot in the field of social welfare in one or the other way. Even after 40 years of planned development, the government look up to these agencies for help in the implementation of various programmes of social welfare, rural development etc. however, to expect these organizations to replace even partly, the official machinery engaged in development is expecting too much from them. Still, there is no doubt that they play a supportive and complementary role. Though, the NGOs supplement government efforts, they do so without compromising on strategies, policies and methods. They may set an example in the field of flexibility, initiative, low – cost techniques, simple or effective methods and the ability to improvements.

Checking Government Actions

The NGOs have a very important function in highlighting the legislative loopholes in social legislation, and in ensuring that legislation like the Minimum Wages Act, the Abolition of Bonded Labour Act the Protection of Civil Right Act, Land Ceiling legislation etc. are being properly adhered to. However, only politically uncommitted and freely operation agencies can perform this function as repeated studies indicate.
Government agencies are the real organisers, mobilisers and change agents for the poor. They are the eyes and ears of people in certain areas and give reliable feedback and take the voice of the people to the planners and policy – makers. They activate the system and make it moved and respond to the felt needs of the people
They highlighted the legislative loopholes built into the land ceiling legislation. Through these, a whole troop of party functionaries got their
Ownership/tenancy rights registered and helped the informal tenants in getting their tenancies regularised in village records and by the tehsildras by identifying benami transfers of surplus lands. They publish such violations of ceiling laws in the villages and blocks with the name of the land owners involved and other details of the violators being made public. Thus, the non – governmental agencies have an important function of over – seeing the implementation of the legislations. NGOs are playing a leadership role in a number of areas.

Role of NGOs and Its Relationship with Government

The role of NGO’s and its relationship with government is stated in the points below :

• Recognising the important contributionby NGOs, Government has declared NITI Ayoug as Nodal Agency for Government Organisation and voluntary organization interface.
• National policy on voluntary Sector 2007 seeks to establish a new working relationship between government and voluntary Sector. It encourages and empowers an independent and effective voluntary Sector. It identifies systems by which Government and voluntary organizations work together on basis of principle of mutual trust, respect and shared responsibility 
• Civil society window was started in 2004 to enable people to engage with PC (Planning Commission) and offer the benefit of their field experiences.
• Input from CS is plan process of 11th FYP through regional consultation
• Strengthening social sector policy implementation through proper implementation of policies, their monitoring, social audit, capacity building, mobilising the resources and knowledge base etc.
• Enables NGOs to legitimately mobilise necessary financial resources from India and abroad
• Adopt transparent accountable system of Governance and Management for voluntary orgnaisation
• Making aware people about the government policies and programmes and their rights through mass awareness compaingns
• Helping people in rehabilitation after the natural disaster and calamities
• Poverty alleviation programmes, housing, sanitation, education, health, women empowerment and their rights, child labour, water , rights for tribal people, removing caste based stigma and discrimination, leprosy eradication programme, well for safe drinking (Jeevan Dhara) NGOs play a important role in all these programmes
• Industrial policies have influenced the relationship between industries and NGOs. CII has been raising the issue of Corporate Social Responsibility (CSR) . Industrial policies has led to formation of Khadi and village Industries Commission (KVIC), small industry Association etc.
• Gram Sree Mela (GSM) through NGOs for providing an opportunity to rural producers to sell their products directly to major markets

Problem and Limitations of NGOs

The problems and limitations of NGOs are stated in the points below:

Lack of Financial Resources

In discharging their functions, NGOs face a number of limitations and problems. One of the topmost problem of the NGOs is the lack of financial resources. They depend upon grants and contributions, but most of them find it difficult to get regular grants from the government and to raise fund from the business community. Also related with this is the problem for misuse of funds. The money meant for welfare activities generally does not reach the beneficiaries fully. This is mainly due to the mismanagement and misappropriation of funds

Outreach and Concentration

There has been a mushroom growth of NGOs/voluntary organizations, but none of them has a nationwide outreach or network reaching out to every State and UT and certainly not to every district, block or village in the country. This poses a problem for the government in depending upon these agencies. Another weakness of these agencies is their improper concentration. The number of agencies which are located in the rural areas where the major job has to be done is very limited
A study of the comprehensive list of voluntary agencies maintained by the Union Ministry of Social Welfare and the Central Social Welfare Board shows that most of them are headquartered in urban locales. They go out to work in the villages, which bring in an appearance of ‘Good Samaritan’ like charity to their work in the rural areas.

Lack of Coordination 

Coordination and cooperation involves mutual consent of the agencies. Although, coordination between voluntary agencies and state agencies is easy, coordination among the voluntary agencies themselves presents some problems. These problems are (a) There is overlapping of efforts in certain areas: (b) Because of the mushroom growth of voluntary agencies and the political patronage to some, it is often difficult to bring them on a common forum, (c) Each voluntary agency has its own sources of funds. It does not like to pool or share its resources with other agencies; and (d) There are mutual jealousies among the voluntary agencies which make coordination still more difficult.

Mutual Distrust Among Agencies

It has been found that except for the coordination between NGOs and the Ministry of Social Welfare, there is mutual distrust between these agencies and other ministries/departments, which makes joint planning and delivery of goods and services impossible. Health, Education, Rural Development Departments both at the Union and State levels. Regard these agencies as unwelcome intruders into their terrain. Whereas it is difficult to achieve proper coordination between non – governmental agencies and some governmetal agencies, on the other hand, a number of governmental agencies interfere in the working of the non – governmental agencies. Voluntary agencies resent the governmental grants which are accompanied by controls and interference.

Hostility of Bureaucrats

The bureaucracy is generally hostile to the NGOs. It can be safely predicted that a truly voluntary sector is not likely to emerge and grow in India. The sector would consist of the so – called voluntary agencies which are simply agents of the local oligarchy and/ or the bureaucracy and remains another channel for the misappropriation of funds

Paucity of Trained and Committed Workers

Shortage of trained and committed workers has been the paramount problem of all the countries. Low salaries, inadequate security, poor personnel practices and competing job opportunities in industry and business for the people with social work skills and low prestige are cited as the major causes for the shortage of trained and committed workers
The pattern of administration of major NGOs shows that the Governing Board members have high social, economic and political status. This is often, so because the agency depends upon them for the financial support that they can give or get from the community and from government subsidies. Conspicuous by their absence are the representatives of the client systems who are the beneficiaries and consumers of the services. The interpretation of needs and problems is more often than not done by the staff, whose values and competence can, at times, be questioned especially when they are untrained or semi – trained. For the agency to serve its purpose, there is a need to bridge the social distance between the elite board members and the clients.

RIGHT TO INFROMATION(RTI) ACT, 2005

The citizens are the centre of democratic governance. Every citizen has right to participate in public life, governance and society. Right to Information (RTI)is derived from the Fundamental Right of ‘Freedom of Speech and Expression’under Article 19 of the Indian Constitution
The Right to Information Act has been enacted on 12th October, 2005 which marks a significant shift in the Indian democracy and started a new eraof empowerment of common man in India. It has been seen as the key to strengthening participatory democracy and ushering in people centered governance. It is a path – breaking legislation which signals the march from darkness of secrecy to the dawn of transparency
Right to Information opens up government’s records to public inspection, the rebyarming citizens with a vital tool to inform them about what the government doesand how effectively. Thus , it makes the government more accountable.Transparency in government organisation makes them function in more objective manner there by enhancing predictability. Information about functioning ofgovernment also enables citizens to participate in the governance process effectively 
In a fundamental sense, Right to Information is a basic necessity of good governanceor ‘master key’ to good governance. Under the RTI Act, a Public Information Officer (PIO) is appointed in every office and department, who receive application related to RTI and responsible for providing relevant informationto applicants. It is the responsibility of the PIO to transfer and forward theletter to the concerned persons or authority within 5 working days. There isalso the provision of Assistant Public Information officers (APIOs) in everypublic office to receive RTI request.

Salient Features of Right to Information Act, 2005

1. Theterm Information includes any mode of information in any form of record,document, e – mail, circular, press release, contract sample or electronic dataetc.
2. Anycitizen (excluding the citizens within J&K) may request information from a‘public authority’ which is required to reply expeditiously or within thirtydays.
3. 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 
4. The Act relaxes the Official Secrets Act of 1889 which was amended in 1923 andvarious other special laws that restricted information disclosure in India. Inother words, the Act explicitly overrides the Official Secrets Act and other laws in force as on 15 June, 2005 to the extent of any inconsistency
5. Applicantcan obtain Information within 30 days from the date of request in a normalcase. In specific circumstances Information can be obtained within 48 hoursfrom time of request, if it is a matter of life or liberty of a person.
6. The Act also requires every public authority to computerise their records for widedissemination and to proactively publish certain categories of information sothat the citizens need minimum recourse to request for information formally.
7. The Act, in particular, requiresevery public authority to publish 16 categories of information. This includesthe particulars of its organisation, functions and duties powers and duties ofits officers and employees; procedure followed in the decision making process;norms set for discharge of its functions; rules regulations, instructions,manuals and records, held by it or under its control or used by its employees for discharging its functions; etc
8. The Act enumerates the types of informations that are exempted from disclosure.However, these exempted informations or those exempted under the officialSecrets Act can be disclosed if public interest in disclosure over weight the harm to the protected interest. Also, the exempted informations would cease to be exempted if 20 years have lapsed after occurrence of the incident to which the information relates.
9. Penalty for refusal to receive an application for information or for not providing information is Rs. 250 per day but the total amount of penalty should notexceed Rs. 25,000
10. If an applicant is not supplied information within the prescribed time of 30 daysor 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority whois an officer senior in rank to the PIO. If still not satisfied the applicantmay prefer a second appeal with the Central Information Commission (CIC)/StateInformation Commission (SIC) within 90 days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant

Information Exclusion From RTI Act

Under Section – 8 of RTI Act, information disclosure which affects the sovereigntyand integrity of India, security etc are exempted from disclosure. Any informations forbidden to publish by court or tribunals are also exempted. Information related to secrecy of trade and commerce, intellectual property,confidence from foreign government are also exempted. The information relatedto central intelligence and security agencies, specified in the 2ndSchedule like Intelligence Bureau (IB), Research and Analysis Wing (RAW),Central Bureau of Investigation (CBI), Income Tax, Directorate of Revenue Intelligence, Directorate of Enforcement, Narcotics Control Bureau, Avionics,Research Centre, Border Security Force (BSF), Central Reserve Police Force(CRPF) etc are also exempted.

Commissions of RTI

Important Commission associated with RTI are Central Information Commission (CIC) and State Information Commission (SIC). These are discussed as under.

Central Information Commission (CIC)

topromote more transparency and accountability in functioning and the decision –making procedures and power sharing, the Government of India constituted the office of central Information commission (CIC) under the RTI, Act, 2005. the commission consists of  a chief Information commissioner and not more than 10 Information Commissioners
The Chief Information Commissioner is appointed by a committee headed by Prime Minister, leader of opposition in Lok Sabha and cabinet Minister nominated by Prime Minister. The person appointed must have the knowledge of different spheres of life, social service,a person of repute and is not attached with any post or political parties. The tenure of his service is 5 years from the date of appointment or till the 65years of age. He is not eligible for re - appointment. The Central Information Commissioner has the power toreceive complain from any person, whose petition has been rejected by. PIO orif informations are not delivered during the stipulated time period. He has also power to order inquiry on reasonable grounds. He will have the power of civil court. He has power to make necessary charges to the practice relating to management maintenance and destruction of records. He can seek annual reportthe public authority. He can also impose penalties under this law

Order of CIC

On 16th March, 2015, the CIC passed an order which in effect said that it was helpless in the matter and would not impose penalty or reinforce compliance of its 2013 order. Earlier, it had issued summons on three occasionsto the parties concerned to present their arguments, all of which were ignored.The new order says that penalty can only be imposed on the PIO and since the political parties have not appointed them no action can be taken. Faced withthe only such case of non – compliance in the RTI’s history, the CIC suggestedthat further action be taken by the Union government or by courts

Petitioner’s Reactionsof CIC Order

The petitioners called the CIC move “an abdication of its responsibilities”.  “The CIC is not a court, but a quasi –judicial body. It is expected to follow not the letter of the law, but thespirit of the law. Following this, the Act clearly gives the power to awardpenalty and compensation”. The CIC’s verdict will have far – reaching,dangerous consequences when bodies declared by the CIC as public authoritieswill no more care to obey the CIC’s directions. Thus, giving a final blow tothe RTI Act by none other than CIC itself

CIC order of June 13

In an appeal made by Subhash Aggarwal to the CIC on refusal by political partiesto share information sought under RTI, the CIC held that by all accounts they were public bodies and the sixnational political parties needed to provide information as sought. The logicbehind it was that :

1. They were recipients of valuable state resources in the form of land, accommodation and tax exemptions which amounted to ‘substantial funding’by the public treasury
2. Free airtime on All India Radio (AIR) or Doordarshan (DD) during election time
3. By the virtue of acting for the public they should be open to publicscrutiny
4. They have constitutional recognition under Article 102 (2), 191 (2) and Tenth Schedule as well as statutory recognition under Section 29(A) of RPA 1951

Counter Arguments of the Order

The day the order was announced, everyone knew that most political parties would come together to end the damage done by the CIC. Apart form communist Party of India (CPI), no other party implemented the CIC order even though the deadline had passed. The government then decided to amend the RTI Act to negate the order of CIC to bring it under the ambit of RTI Act. The major points of discord are:

1. Political parties should come under RTI. This point has implications for political strategy and functioning. From it, even information on the distribution or denial of ticket can be sought
2. Political parties do not maintain the documentation needed to respond to wide – ranging RTI queries and they cannot bexpected to establish a new Organization only to fulfill the sweeping questionsthat will come under the RTI
3. If the argument that political parties received‘substantial funding’ is applied equitably, It would apply to all similarly placed NGO’s
4. When it is well – known and publicly admittedthat most political funding comes from black money sources and in cash, it is impossible to declare whose contribution it was without first cleaning up the‘number two’ monopoly.

State Information Commission (SIC)

The State Information Commission are constituted by the State Government through a Gazette notification. It comprise of one State Chief Information Commissioner(SCIC) and not more than 10 State information commissioners, to be appointed bythe Governor. The Commission exercises its powers without being subjected toany other authority
The appointments are made on the basis of the recommendations of a committee headedby the Chief Minister and including the leader of opposition in the Legislative Assembly and one Cabinet Minister nominated by the Chief Minister. The qualifications for the Central Information Commission. The salary of the State Information commissioner is the same as that of the Chief Secretary of the State Government
The SIC has a duty to receive complaints form any person :

1. Who has not been able to submit an information request because a PIO has not beenappointed
2. Who has been refused information that was requested.
3. Who has received no response to his/her information request within the specifiedtime limits.
4. Who thinks the fees charged unreasonable.
5. Who thinks information given is incomplete or false or misleading and any othermatter relating to obtaining information under the law.

This SCIs have the powers of a civil court, including

1. Summoningand enforcing attendance of persons compelling them to give oral or written evidenceon oath and to produce documents or things
2. Receiving evidence on affidavit
3. requisitioning public records or copies from any court oroffice
4. issuing summons for examination of witnesses or documents; and any other matter which may be prescribed

Achievements of RTI Act

1. Some important achievement of RTI Act are stated below :
2. Right to Information Act has given India a sense of second freedom where a citizen is now much more empowered than even a Parliamentarian at least in getting information from the government for a written Parliamentary question, a Parliamentarian gets just one chance to get reply from the government. While on the other hand, and RTI petitioner has two subsequent chances to get reply from the government if he/she not satisfied with initial response coming from a public authority
3. The Act has generated an overwhelming response in different sections of the society, particularly in the middle class. The mechanism of the Act and awareness generation initiatives of the civil society showed that the commonman could raise his voice and rightfully ask for the desired information
4. Rather than just providing ‘Information’ as defined technically, RTI Act has served to be an effective watch dog to make all those coming in purview of the Act to be extremely cautious to do their work only in accordance with rules and withoutany irregularities. 
5. Public awareness generated through several RTI  petitions supplemented by the ever – vigilant media, shook concerned people in governance system to work towards judicial accountability and act effectively on the cases of corruption even in higher judiciary
6. RTI Act gave enormous courage to media persons and other people who want judicial reforms to highlight inrregularities In the system. This was totally impossibleunder the ever hanging sword of contempt powered judicial system allowing somewrong elements to misuse temples of justice
7. Civil Society Organizations and social activists are enhancing the reach and awareness of RTI among social activists and civil society organizations that aperson in a village is able to use the RTI Act for ensuring his basic rights
8. Jankari Call Centre Bihar Government has initiated a six seater call centre. This call centre facilitates a caller in drafting the RTI application and the fee is collected through the phone bill. Requisite changes have been made in the rulesfor acceptance of the application through this channel. Similarly RTI Helpline in Bengaluru is providing RTI information to citizens

Recommendations of Second Administrative Reforms Commission (ARC) 2006

The Second Administrative Reforms Commission in its first report (ARC)analysed andgave recommendations on the freedom of information as the Right to Information Act
The main recommendations of the ARC – 2 with regard to the RTI Act were

1. RegardingSecurity Act, containing provisions relating to official secrets, the Commission recommended amending the existing Section 5 (2) of the Official Secrets Act, as per the recommendations of the Shourie committee. It recommended that : any person voluntarily receiving any official secret iscommunicated in contravention of his act, he shall be guilty of an offenceunder this section
2. Section 123 of the Indian Evidence Act, 1872 should be amended to read as follows:
3. Subject to the provision of this section, no one shall be permitted to give anyevidence derived from official records which are exempt from public disclosure under the RTI Act 2005
4. Where he with hold such permission, he shall make an affidavit containing a statementto that effect and setting forth his reasons
5. As an affirmation of the importance of transparency in public affairs, ministerson assumption of office may take an oath of trasparency alongwith the oath ofoffice and the requirement of administering the oath of secrercy should bedispensed with. Articles 75(4) and 164 (3) and the 3rd Scheduled should be suitably amended
6. The Armed Forces should be included in the 2nd Scheduled of the Act. The 2nd Schedule of the Act may be reviewed periodically. All’organizations Appeals against order of PIOs should lie with CIC/SICs
7. Inperformance of his duties in good faith every government servant shall, Communicatefull and accurate information to a member of public or any organization whichcan be disclosed under the Right to Information Act, 2005
8. It would be advisable for each Minster/ Department to identify the information which deserves to be given a security classification.
9. Ordinarily,only such information should be given security classification which would qualify for exemption from disclosure under the Right to Information Act 2005
10. Documents once classified as ‘Top Secret’ or ‘Secret’, should remain so classified aslong as required, but not exceeding 30 years, Documents classified asconfidential and restricted should remain so for a period exceeding 10 years
11. All Ministries/ Departments/ Agencies/ Offices with more than one PIO have to designate a nodal Assistant public information Officer (APIO) with the authority to receive requests for information on behalf of all PIOs. Such aprovision should be incorporated in the rules by appropriate governments.
12. Suomoto ( on its own motion) disclosures should also be available in the form of printed, priced publication in the official language, revised periodically (atleast once a year). Such a publication should be available for reference, freeof charge. In respect of electronic disclosures, NIC should provide a single portal through which disclosures of all public authorities under appropriate governments could be accessed, to facilitate easy availability of information
13. Statemay be required to frame rules regarding application fee which are in harmony with the central rules. It needs to be insured that the fee itself does not become a disincentive
14. organisations which perform functions of a public nature that are ordinarily performed by government or its agencies and those which enjoy natural monopoly may be brought within the purview of the Act. Norms should be laid down that any institution or body that has received 50% of its annual operating costs or a sumequal to or greater than Rs 1 crore during any of the preceding 3 years should be understood to have obtained substantial funding from the government for the period and purpose of such funding
15. Section7 may be amended to insert sub – section (10) as follows
16. “The PIO may refuse a request for information if the request is manifestly orvexatious. Provided that such a refusal shall be communicated within 15 days of receipt of application, with the prior approval of the appellate authority.Provided further that all such refusals shall stand transferred to CIC/SIC, asthe case may be and the CIC/SIC shall dispose the case as if it is an appealunder Section 19(3) of the RTI Act”

Critical Evaluation of RTI

Though the Right to Information has made a major change in the administrative structure of India, there are some issues that needs to be addressed.
These are discussed below :

1. There is a big time – gap of even several months between an appeal / complaint reached at the Commission and its registration. The Commission should modifyits system to ensure a compulsory registration of all appeals/complaints foundfit for registration within one week of their reaching at mail – receipt section of the Commission
2. Section26 of the Act states that the government may develop and organise educational programmes to advance the understanding of the public, especially
3. Disadvantaged communities, regarding how to exercise the rights contemplated under the Act. However,as per the survey it was revealed that only 15% of the respondents were aware of the RTI Act. Thus, there is a need to make an awareness among the masses regarding the RTI provisions and related issues.
4. The efforts made by appropriate governments and public authorities have been restricted to publishing of rules and Frequently Asked Questions (FAQs) on websites. These efforts have not been helpful in generating mass awareness of the RTI Act. As compared to RTI Act, the common citizens and disadvantaged communities are significantly more aware of other government schemes focused onsocio – economic development
5. The awareness level in rural population has been low as compared to urban population. The difference in awareness level among rural population and urban population varies from 33% in Maharashtra to 5% in Andhara Pradesh
6. There have been numerous debates on standardising the RTI application form. While the Act does not necessitate having a standard application form, some states have provided a standard form using section 26(3) (c)  of the RTI Act. There are significant advantages of using a standard form for a RTI application. The standard form helps in getting basic information such as address/ contact numbers. Form In which information is requested helps the PIOs in providing the requisite information and contacting the applicant for communication required undersection 7(3)
7. Asper Section 6(1) of the Act, a citizen can make a request ‘in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made…..” however, inadequate efforts have been made receive RTI applications through electronic means i.e. on E – mail/website etc, which can be done by the appropriate government using Section26(3)(c).
8. The payment mechanisms prescribed in some of the state rules are inconvenient to the citizens applying from locations outside the concerned State. E.g. the application fee  in Odisha can only bepaid through treasury challans and bankers cheques. Also postal order, which is considered to be the easiest payment channel, is not an available option in Maharashtra , Odisha and Andhra Pradesh
9. Incomplete and inaccurate information provided by the PIOs is the most common reason for first level appeals. Most of the appellants are not satisfied with the response of the PIOs. There is a need to improve the quality of responses in order to secure the purpose of the RTI Act.

RTI Applicant not a Consumer

The National Consumer Disputes Redressal Commission (NCDRC), the apex consumer forum, has held that “no complaint by a person alleging deficiency in services rendered by the CPIO/ PIO is maintainable before a Consumer Forum. “ A person seeking information under the Right to Information Act cannot be said to be aconsumer via – a – vis the Public authority concerned or the CPIO/PIO nominated by it. The RTI Act is complete code in itself, which provides an adequate andeffective remedy to the person aggrieved from any decision/ inaction/ act/omission or misconduct of a CPIO/PIO. The NCDRC standard that it is not necessary that the legislature has to provide for grant of compensation inevery case of deficiency in the services rendered to a consumer

10 Years of RTI Act

Ten years after the Right to Information Act was passed in 2005, its implementation remains inefficient and transparency and accountability seem to be under threat in India. The following points state that fact.

Poor Record Keeping

The problems posed by missing files in government offices are acute. The information sought by citizens can be provided only if the records are maintained properly. If the RTI has to succeed, then the Public Records Actmust be implemented

Lack of Infrastructure and Staff

The reis adequate infrastructure and staff for running information commissions. Dueto inadequate staff , information commission are unable to resolve public grievance timely

Dilution of Supplementary Law

In the last decade, the RTI has managed to achieve a silent citizen’s movement for government accountability across the country. The Right to Information Assessment and Advocacy Group (RAAG) report founded that on an average, 4 – 5million applications are filed under the Act every year. But this has not been without its negative consequences. Forty activists who had demanded crucial information , with the potential to expose corruption within the government,had  been killed. This has necessitated amendmentin supplementary laws such as whistle blower protection laws to ensure protection for information activists. But the whistle blowers Protection(Amendment), Bill 2015 has renewed concerns regarding the vulnerability of information seekers making disclosures in the public interest. The amendments do not provide immunity to whistle blowers, making them liable of prosecution under the official secrets Act. The bill completely dilutes the provisions ofhe earlier law removing everything exempted under Section 8(1) of the RTI Act from within the ambit of whistle blowing

Consequences of Inefficient / Implementation

inefficient implementation has delayed the settlement of information appeals. On October 2014 report brought out by the RAAG showed a waiting period of up to 60 years in Madhya Pradesh and up to 18 years in West Bengal. It was calculated on the basis of current rates of pendency in information commissions. In less than 3%of cases, penalties were imposed on government departments denying information sought

Conclusion

The culture of transparency brought about by the RTI Act in the past decade has now made it easier for citizens to access parliamentary proceedings online, and track proceeding of various States legislatures. That is why we need to continue to empower ordinary people with tools like the RTI so that they can hold those holding political power accountable

SELF – HELP Groups (SHGs)

SHGs are informal associations of people who choose to come together to find ways to improve their living conditions. They help to build social capital among the poor, especially women. Such groups work as a collective guarantee system for members who propose to borrow from organised sources. Consequently, Self – Help Groups have emerged as the most effective mechanism for delivery of micro – finance services to the poor.  The range of financial services may include products such as deposits, loans, money transfer and insurance.
The most important functions of a Self – Help Groups (SHGs) are

1. To encourage and motivate its members to save
2. To persuade them to make a collective plan for generation of additional income and
3. To act as a conduct for formal banking services to reach them,

Role and Impact of SHGs

1. Self – Help Groups (SHGs) play today a major role in poverty alleviation in rural India. A growing number of poor people (mostly women) in various parts of India are members of SHGs and actively engage in savings and credit, as well as in other activities (income generation, natural resources management, literacy, child care and nutrition etc.). The savings and credit focus in the SHGs is the most prominent element and offers a change to create some control over capital, though in very small amounts
2. Almost all major donor agencies support SHGs in India in one way or other and many success stories are available, describing how membership in a SHGs changed the life a particular individual or group for the better. Many NGOs in India are promoting the SHGs mechanism and linking it to various other development interventions. Whereas there is ample evidence that the SHGs approach is a very effective, efficient and relevant tool for organising and empowering the poor, problems do arise with design, development and introduction of programmes to promote income generating activities that will generate sufficient, sustainable and regular income 

Development of SHGs in India

The development of SHGs in different decades is given below :

In 1950’s

The first organised initiative in the direction was taken in Gujarat in 1954, when the Textile Labour Association of Ahemdabad formed its women’s wing to organise the women belonging to households of mill workers in order to train them in primary skills like sewing, knitting embroidery, type setting and stenography etc.

In 1970’s

In 1972, it was given a more systematised structure when Self Employed Women’s Association (SEWA) was formed as a trade union under the leadership of Ela Bhatt. She organised women workers such as hawkers, vendors, home based operator like weavers, papad makers, small producers like cattle – rearers, salt workers, cooks and vendors with the primary objective of :

1. increasing their income and assets
2. enhancing their food and nutritional standards; and
3. increasing their organisational and leadership strength. The overall intention was to organise women for full employment

In 1980’s

In the 1980s, Myrada, a Karnataka based non – governmental organization, promoted several locally formed groups to enable the members to secure credit collectively and use it along with their own savings for activities, which could provide them economically gainful employment. Small group formations at the local level were initiated in Tamil Nadu and Kerala through the Tamil Nadu Women in Agriculture Programme (TANWA) 1986, Participatory Poverty Reduction programme of Kerala, (kudumbashree) 1995 and Tamil Nadu Women’s Development Project (TNWDP) 1989. these initiatives gave a firm footing of SHG movement in these States.
In the 1980s, Myrada, a Karnataka based non – governmental organization, promoted several locally formed groups to enable the members to secure credit collectively and use it along with their own savings for activities, which could provide them economically gainful employment. Small group formations at the local level were initiated in Tamil Nadu and Kerala through the Tamil Nadu Women in Agriculture Programme (TANWA) 1986, Participatory Poverty Reduction programme of Kerala, (kudumbashree) 1995 and Tamil Nadu Women’s Development Project (TNWDP) 1989. these initiatives gave a firm footing of SHG movement in these States.
Today, around 44% of the total bank -  linked SHGs of the country are in 4 Southern State of Andhra Pradesh, Tamil Nadu, Karnataka and Kerala.
The positive experience gained from the above programmes has led to emergence of a very strong consensus that the twin concepts

1. Small group organisation and
2. Self – management are potent tools for economic and social empowerment of the rural poor.

Efforts have been made almost in all parts of the country to adopt this model as a necessary component of the poverty alleviation programmes
The SHGs – Bank linkage programme was started as a Test Project in 1989 when NABARD, the Apex Rural Development Bank in the country, sanctioned Rs. 10 lakhs to Mysore Resettlement and Development Agency (MYRADA) as seed money assistance for forming credit management groups. Ministry of Rural Development also provided financial support to Professional Assistance to Development Action (PRADAN) to establish SHGs in some rural pockets of Rajasthan

1990’s and Onwards

On the basis of these experiences, a full – fledged project involving a partnership among SHGs, Banks and NGOs was launched by NABARD in 1992. NABARD’s Corporate Mission was to make available micro – finance services to 20 million poor households

In 1995, the Reserve Bank of India (RBI) streamlined the credit delivery procedure by issuing a set of guidelines to Commercial Banks. It enabled SHGs to open bank accounts. The scheme was further strengthened by a standing commitment given by NABARD to provide refinance and promotional support to banks for credit payment under the SHG – Bank Linkage Programme.

In the initial years, the progress in the programme was slow; around 33000 groups could be credit – linked during the period 1992 – 99. But, there after, the programme grew rapidly and the number of SHGs financed increased to more than 7 lakhs in 2010. cumulatively, 33 million poor house holds in the country have been able to secure access to micro – finance from the formal banking system.

NABARD, in association with Deutsche Gesells chaft fur Technische Zusammenarbeit (GTZ), conducted a study in 2005, on the comparative performance of SHG – Bank linkage progrmme vis – a – vis other modes of priority sector lending. It revealed that the 40 million families and 205 million people having been covered under this programme and the cumulative loan figure standing at around 18000 crores appear to be impressive 

Merits of SHGs

1. They establish gender equality through economic empowerment of women as well as inculcating leadership skills among them.
2. They promote social Justice by strengthening the voice of economically vulnerable section of society
3. They encourage smooth credit flow in remote rural areas
4. They promote poor households’ access to formal banking system
5. Sometimes successful SHG acts as pressure – group to ensure proper functioning of Gram Panchayat
6. They does not only create thrift among members, but also encourages oneness among group members. The need for keeping the records, accounting indirectly promote the literacy among them and make them aware of the formal processes. At the same time it inculcate the optimal use of resources
7. Strong social integration and cohesion has possibility to lead to social movement against ill practices of society
8. Access to social security is a fundamental human right. While country is experiencing rapid Gross Domestic Product (GDP) growth rate, SHG play an important role in balanced growth by bridging the gap between rich and poor.
9. SHG is becoming/promoted as a part of micro – finance intervention aimed at helping the poor to obtain every financial service like savings credit and insurance.
10. The micro – finance facility offered to and by SHG has reduced the need money lenders
11. The peer pressure ensures timely repayment and replaces the collateral for the bank loan NPA
12. As a form of enterprise SHG performs the role of collective banks and enterprise and ensure better access to loan with a lower rate of interest to start micro unit enterprises
13. By facilitating micro credit to rural women, it has improved their bargaining power in day – to – day decision making of household and in community
14. SHG has better local area understanding and can be developed at remote places

Limitations SHGs

1. Social mobilisation of people for SHG should not go against the primordial social loyality. Selecting the members from Heterogeneous community in Indian society is difficult
2. Apathy of rural banks to provide funds to SHG keeping in view their failures to return bank – loan in time
3. Lack of knowledge and proper orientation among SHG members to take up suitable and profitable liveli hood options
4. Lack of awareness among SHG – members regarding their own community resources, often leave them with limit option of income generation activities
5. Growing need for capacity building or orientation program for SHG – members to enable them to be do cost benefit analysis of financial investment
6. The product developed by SHG face certain limitations such as quality as provided by corporate counter parts scale of operation finance, skills and marketability
7. Prevention of small cottage industries developing into micro – enterprises because of lack of regular business and secured revenue
8. Though registration of SHG is not needed, but procedure for gradation has prevented them to participate in some of government activities bidding process.

Success Story of Kudumbashree

Kudumbshree is a female – oriented, community based, Poverty Reduction Project of the Government of Kerala, launched in May 1998. This mission aimed to eradicate absolute poverty in 10 years, through concerted community action under the leadership of local governments
The primary objectives of the project are :

1. Identification of poor families through risk indices based surveys, with the active participation of the poor and the community
2. Empower the poor women to improve the productivity and managerial capabilities of the community by organising them into community – based organizations
3. Encouraging thrift and investment through credit by developing a network of informal banks of the poor.
4. Improving incomes of the poor through improved skills and investment for self – employment
5. Ensuring basic amenities like safe drinking water, sanitary latrines, improved shelters and healthy environment
6. Ensuring a minimum of 5 years of primary education for all children, belonging to risk families
7. Achievement the Kudumbashree project has made significant achievement in terms of its parameters. As a result, it has been recognised by various organizations. In 2012, the project won the award fro best practices to improve the living environment, in 2007, it won the Prime Minister’s Award fro excellence in public administration. The project has also been given the Indian Innovation Award for Social Innovations (2006)

Improvement for SHGs

1. Integrated approach is required for meeting overall credit needs in terms of backward linkages with technology and forward linkages with processing and marketing orgnaisation. Simplification of process of providing loans to SHGs
2. There is need for establishment of separate SHG monitoring cell in every state with direct links with district and block level monitoring system
3. Creation of task force to review the existing capacity building programmes and creation of network of capacity building institutions

SHG – Bank Linkage Programme

1. The Self – Help Group – Bank Linkage Progrmme (SBLP), started as a pilot programme in 1992 has development with rapid progress over the years
2. SHG – Bank Linkage programme was started on the basis of recommendation of SK Kalia Committee. Under the SBLP the following three different models have emerged
3. Model I : SHGs promoted, guided and financed by banks
4. Model II : SHGs promoted by NGOs/Government agencies and financed by banks
5. Model III : SHGs promoted by NGOs and financed by banks using NGOs/formal agencies as fincial intermediaries.

Model II has emerged as the most popular model under the SBLP programme. Commercial banks, co – operative banks and the regional rural banks have been actively participating in the SBLP
In 2009 – 10, 1.59 million new SHGs were credit – linked with banks and bank loan of Rs. 14,453 crore (including repeat laon) was disbursed to these SHGs. Further, at the end in March 2010, 6.95 million SHGs maintained savings accounts with banks
On an average the amount of savings per SHG was 8,915 as compared to the amount of credit outstanding of 57,795 in 2009 – 10. while there was a continued increase in the amount of credit outstanding per SHG, there was a fluctuating trend in the amount of saving per SHG in the recent years

TRANSPARENCY AND ACCOUNTABILITY IN GOVERNANCE

Transparency and Accountability have emerged over the past decade as key ways to address both developmental failures and democratic deficits. In the developmental and aid context, the argument is that through greater accountability the leaky pipes of corruption and inefficiency will be repaired , aid and public spending will be channelled more effectively and development initiatives will produce greater and more visible results. For scholars and practitioners of democracy, following the twentieth century wave of democratisation it is time of democracy to ‘deliver the goods’ especially in terms of material outcomes, and democratic accountability can help it to do so.
For many Non – Government Organization s (NGOs) and social movements, demanding and securing accountability is a path to people’ s empowerment, or at least to enhanced effectiveness in responding to the needs and voices of those they claim to serve
development, democracy and empowerment are obstructed; the argument goes, by a series of accountability failures. The traditional ways of delivering political and bureaucratic accountability , such as intra  government controls or elections are increasingly found to be limited in scope. Administrative bottlenecks weak incentives or corruption in state – centered political and bureaucratic accountability
mechanisms restrict their effectiveness, particularly from the perspective of the poor and Marginalised people who  need accountability the most, but who lack the means to work round such obstacles (world Bank,2004)
In response to the inadequacy of traditional political and brureucratic forms of accountability – also refereed to as state – side, supply – side or institutional – an array of mechanisms and approaches has emerged in which ciitzens can hold states to account in ways other then elections and bureaucratic procedures. Supplanting or supplementing traditional forms, these ‘demand – side’ initiatives are led by citizens and social actors who engage with more powerful actors located ether within the state or in private sector entities contracted by the state.
Variously termed ‘social’ , citizen – led or ‘demand – side’ accountability, this emerging field combines initiative designed to improve transparency and initiatives designed to improve transparency and access to information with other ways of holding to account the state and its agents (often, for example, private sector service providers)
By general consensus, accountability ideally involves both answerability – the responsibility of duty – bearers to provide information and justification about their actions – and enforceability – the possibility of penalties or consequences for  failing to answer accountability claims. In fact, much of what we call accountability. While citizen – led or public initiatives often involve ‘soft’ per or reputational pressure, they rarely involve strong enforceability
Conceptual debates on accountability and transparency range far and wide, but our focus here is no the newer and closely related concepts of ‘citizen – led’ and social’ accountability. Bothe are subject to some terminological looseness.
Social accountability can be defined as an approach towards building accountability that relies on civic engagement, i.e. in which it is ordinary citizens      and / or civil society organisations who participate directly or indirectly in exacting accountability. Mechanisms of social accountability can be initiated and supported by the state and citizens or both but very often they are demand – driven and operate from the bottom – up

Summary of Social Accountability

Social accountability as a means to certain ends can be summarised by the following :

1. Social accountability improves the quality of governance: Citizens’ disillusionment with the quality of governance moves them beyond electoral participation ‘toward engaging with bureaucrats and politician in a more informed, organised, constructive and systematic manner’ often referred as the ‘ democratic outcomes’ case
2. Social accountability contributes to increased development effectiveness: Given the difficulty, inability or unwillingness of government's to deliver essential services, service delivery effectiveness and policy design are improved by citizens’ clearer articulation of their demands and more transparent public decision – making – often referred to as the ‘development outcomes’ case.
3. Social Accountability initiatives can lead to empowerment. By providing information on rights and soliciting feedback from poor people, social accountability mechanisms provide a means to increase and aggregate the voice of disadvantaged and vulnerable groups – sometimes referred to as the ‘empowerment case’

Transparency in Information

Other claims focus on transparency. Access to information via transparency initiatives is seen as a right, an end in itself and also a ‘leverage right’ capable of delivering further ends. Increased transparency in state decision – making can facilitate greater accountability to citizens. However the right to information is not accountability in itself but is instrumental to it, and transparency does not automatically produce accountability but is a necessary but insufficient condition for it; certain types of transparency can generate certain types of accountability under certain condition  
Finally some of the claim focus on the relationships between transparency, accountability and participation. Some work suggests that thse connections between transparency, accountability and participation might be correlations rather than solid causal links. A recent study of the outcomes of citizen engagement show that participation does have an impact – usually but not always a positive on the measurable democratic and developmental outcomes arising form citizen engagement

LOKAYUKTA

In the wake of the recommendations of the first ARC Commission, many State Government enacted legislation to constitute the Loakyukta to investigate allegations or grievances arising out of the conduct of public servants. These servants included political executives, legislators, officers of the State Government local bodies, public enterprises and other instrumentalities of government including co – operative societies and universities. By virtue of such legislation, a member of the public can file specific allegations with the Lokayukta against any public servant for enquiry
It is also open to the Lokayukta to initiate self inquiry into the conduct of public servants. The lokayukta is generally  retired judge of the high court or the Supreme Court. He is normally appointed for a five year term on the basis of a joint decision involving the Chief Minister, the Chief Justice, the Speaker of the House and leader of the Opposition

Status of Lokayukta

In many states the Lokayukta does not have an independent investigating authority at its disposal. Therefore, it is dependent on government agencies to carry forward its investigations. The Maharashtra and Odisha Lokayukta assume more the character of a grievance redressal organisation rather than an Ombudsman for cases of corruption
The institution of Lokayukta was established first in Maharashtra in 1971. although, Odisha had passed the Act in this regard in 1970, it came into force only in 1983. Till 2013,21 States and I Union Territory (Delhi) established the institution of Lokayuktas

Structural Variation of Lokayukta

The Structure of the Lokayukta is not same in all the states. Some states like Rajasthan, Karnataka, Andhra Pradesh and Maharashtra have created the Lokayukta as – well – as up a Lokpal. While some other states like Bihar, Uttar Pradesh and Himachal Pradesh have created only the Lokaykta. Still there are other states like Punjab and Odisha that have designed official as Lokpal

LOKPAL

Lokpal is synonymous to the institution of Ombudsman existing in the Scandinavian countries. The office of the Ombudsman originated in Sweden in 1809 and has been adopted by many nations. The Swedish word Ombudsman means ‘a procurator or agent of civil affairs’, and may be interpreted as ‘ the people ‘s advocate’. Ombudsman is a government official who investigates citizens’ complaints against the high government functionaries. Though appointed by the legislature, he is an independent functionary, independent of all the three organs of the state, but reports to the legislature
The ombudsman can look into allegations of corruption as well as mal – administration. The first Administrative Reforms Commission had recommended the establishment of the institution of Lokpal. The Lokpal is supposed to be a watchdog over the integrity of Ministers and the Members of Parliament

Recommendations of 2nd ARC for Lokpal

The second Administrative Reforms Commission (ARC) set – up in 2005 recommended that the Lokpal be given a constitutional status and renamed as ‘Rashtriya Lokayukta’. In its fourth report, the Commission recommended steps to bring about greater transparency and accountability in governance at all levels and root out corruption
For enforcing ethical conduct in high places, the report recommended that the Rashtriya Lokayukta’s jurisdiction be extended to all Union Ministers (except the Prime Minister), all Chief Minister, all those holding public office equivalent to the rank of a Union Minister and MPs. The Rashtriya Lokayukta should be headed by a retired Supreme Court Judge, have an eminent jurist as member and the Central Vigilance Commissioner as the ex – officio member

The Lokpal and Lokayukts Act, 2013

The historic Lokpal and Lokayuktas Act, 2013 was passed by Indian Parliament paving the way for establishment of Lokpal to fight corruption in public offices and ensure accountability on the part of public officials. It also included the Prime Minister but with some safeguards
According to Act, the following recommendations are there :

1. Institution of Lokpal will consist of a chairperson and a maximum of eight members. Half of them will be judicial members and remaining half shall be from SC/ST/OBCs, minorities and women.
2. Selection of Chairperson and members of Lokpal will be done through a selection committee consisting of Prime Minister, Speaker of Lok Sabha, leader or opposition in Lok Sabha, Chief Justice of India (CJI) or a sitting Supreme Court Judge nominated by CJI
3. One eminent jurist shall be nominated by President of India on the basis of recommendations of the first four members of the selection committee ‘through consensus’
4. Lokpal’s jurisdiction will cover all categories of public servants. All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are under the jurisdiction of Lokpal
5. Centre will send Lokpal bill to states as a model bill, states have to set – up Lokayuktas through a state law within 365 days
6. Lokpal will have power of superintendence and direction over any central investigation agency including CBI for cases referred to them by the Ombudsman. A high powered committee chaired by the PM will recommend selection of CBI director. The collegium will comprise Prime Minister, leader of opposition in Lok Sabha and Chief Justice of India
7. Prime minister has been brought under purview of the Lokpal, so also Central Ministers and senior officials
8. Directorate of prosecution will be under overall control of CBI director. Appointment of director of prosecution will be based on recommendation of the CVC. Director of prosecution will also have a fixed tenure of two years like CBI chief
9. Transfer of CBI officers investigating cases referred by Lokpal can be done with the approval of the watchdog
10. Bill incorporates provisions for attachment and seizing of property acquired by corrupt mans, even while prosecution is pending
11. Bill lays down clear timeliness for preliminary enquiry and investigation and trial. It provides special courts where public servants will not present their view before preliminary enquiry if the case requires ‘element of surprise’ like raids and searches. Bill grants powers to Lokpal to sanction prosecution against public servants
12. CBI  may appoint a panel of advocates with approval of Lokpal, CBI will not have to depend on government advocates

NATIONAL COMMISSION FOR SCHEDULED CASTES

Article 338 of the Indian Constitution had provision that there shall be a commission for the Scheduled Castes to be known as the National Commission for the Scheduled Castes. The Commission shall consist of a Chairperson, Vice – Chairperson and three other members. The conditions of service and tenure of office of the Chairperson, Vice – Chairperson and other appointed members shall be such as the President may by rule determine. The chairperson, Vice – chairperson and other members of the Commission shall be appointed by the President by warrant under his hand and seal. The commission shall have the power to regulate its own procedure

Functions of the Commission

It shall be the duty of the Commission :

1. To investigate and monitor all the matters relating to the safeguards provided for the Scheduled Castes under the Constitution or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards.
2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes
3. To participate and advise on the planning process of socio – economic development of the Scheduled Castes and to evaluate the progress of their development under the Union and any state
4. To present before the President annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.
5. To make in such reports recommendation as to the measure that should be taken by the Union or any state for the effective implementation of those safeguards and other measures for the protection, welfare and socio – economic development of the Scheduled Castes
6. To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by the specified rule. 

Power of the Commission

The Commission while investigating any matter or inquiring into any complaint, shall have all the powers of a civil court trying a suit and in particular in respect of the following matters :

1. Summoning and enforcing the attendance of any person from any part of India and examining him on oath
2. Requiring the discovery and production of any documents
3. Receiving evidence on affidavits
4. Requisitioning any public record or copy thereof from any court or office
5. Issuing commissions for the examination of witnesses and documents
6. Any other matter which the President may by rule, determine
7. The Union and every State Government shall consult the Commission on all major policy matter affecting Scheduled Castes

NATIONAL COMMISSION FOR SCHEDULED TRIBES

The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the 89 th Constitution Amendment Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate commissions w.e.f. 19th February,2004.
These are :

1. National Commission for Scheduled Castes (NCSC)
2. National Commission for Scheduled Tribes (NCST)

The term of office of Chairperson, Vice – Chairperson and each member is 3 years from the date of assumption of charge. The Chairperson has been given the rank of Union Cabinet Minister and the Vice – Chairperson that of a Minister of State and other members have the ranks of a Secretary to the Government of India. The first National Commission for Scheduled Tribes (NCST) was constituted in March, 2004

Functions of the Commission

The improvement Function of the Commission are:

1. To investigate and monitor matters relating to safeguards provided for STs under the Constitution or under other laws or under Government order, to evaluate the working of such safeguards.
2. To inquire into specific complaints relating to rights and safeguards of STs
3. To participate and advise in the planning process relating to socio – economic development of STs and to evaluate the progress of their development under the Union and any state.
4. To submit report to the President annually and at such other times as the Commission may deem fit, upon/ working of safeguards, measures required for effective implementation of programmes/ schemes relating to welfare and socio – economic development of STs
5. To discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by parliament, by rule specify .

Other Functions

Commission would also discharge the following other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes.:

1. Measures to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas.
2. Measures to be taken to safeguard rights to the Tribal Communities over mineral resources, water resources, etc as per law.
3. Measures to be taken for development of tribals and to work for more viable livelihood strategies
4. Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects
5. Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place
6. Measure to be taken to elicit maximum cooperation and involvement of Tribal Communities for protecting forests and undertaking social afforestation
7. Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996
8. Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by Tribals that lead to their continuous disempowerment and degradation of land and the environment

Power of the Commission

For investigation and inquiry, the Commission is vested with powers of a civil court having authority to : 

1. Summon and enforce attendance of any person and examine him on oath
2. Discovery and production of any  documents
3. Receive evidence on affidavits
4. Requisition of any public record or copy witnesses and documents
5. Any matter which President, by rule, may determine