UPSC IAS exam preparation - Governance in India - Lecture 9

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Administrative machinery in States

[हिंदी में पढ़ें ]

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1.0 Constitutional provisions 

Article 153 – Governors of States

There shall be a Governor for each State:

[Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.] 

Article 154 – Executive power of State

1. The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers  subordinate to him in accordance with this Constitution.
2. Nothing in this article shall—

• be deemed to transfer to the Governor any functions conferred by any existing law on any other authority;  or
• prevent Parliament or the Legislature of  the State from conferring by law functions on  any authority subordinate to the  Governor.

Article 155 – Appointment of Governor

The Governor of a State shall be appointed by the President by warrant under his hand and seal.

Article 156 – Term of office of Governor

1. The Governor shall hold office during the pleasure  of  the  President.
2. The Governor may, by writing under his hand addressed to the President, resign his office.
3. Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the  date  on  which  he  enters  upon  his  office:

• Provided that a Governor shall, notwithstanding the expiration  of  his  term, continue to hold office until his successor  enters  upon  his  office.

Article 157 – Qualifications for appointment as Governor    

No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed  the  age  of  thirty-five  years.

Article 158 – Conditions of Governor's office 

1. The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State be appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
2. The Governor shall not hold any other office of profit.
3. The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such  emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made,  such emoluments, allowances and privileges as are specified in the Second Schedule (3A) Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable  to  the  Governor shall be allocated among the States in such proportion as the President may by order determine.
4. The emoluments and allowances of the Governor shall not be diminished during his term of office.

Article 159 – Oath or affirmation by the Governor 

Every Governor and every person discharging the functions of the Governor shall, before entering upon his  office,  make  and  subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State,  or,  in  his  absence,  the  seniormost Judge of that Court available, an oath or affirmation  in the following form, that is to say—

“ I, A.B., do  swear in the name of God / solemnly affirm that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of ..... (name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the  service  and  well-being  of  the  people  of.........(name of the State).”

Article 160 – Discharge of the functions of the Governor in certain contingencies

The President may make such provision as he thinks fit for the discharge of the functions of th Governor of a State in any contingency not provided for in this Chapter.

Article 161 – Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. 

Article 163 – Council of Ministers to aid and advise Governor

1. There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
2. If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution  required  to  act  in  his  discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
3. The question whether any, and if so what, advice was tendered  by Ministers to the Governor shall not be inquired into in any court.

Article 164 – Other provisions as to Ministers 

1. The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the  advice  of the Chief Minister,  and the Ministers shall hold office during the pleasure of the Governor: Provided that in the States of Chhattisgarh,Jharkhand, Madhya Pradesh and Odisha there  shall be a Minister in charge of tribal  welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work. (1A)  The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per  cent. of the total number of members of the Legislative Assembly of that State: Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve:  Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers  in  any  State  at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen percent or  the  number  specified in the first proviso, as the case may be, then the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint. (1B) A member of the Legislative Assembly of a State or either  House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph  2  of  the  Tenth  Schedule  shall  also  be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests  any  election  to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of  such  period,  till  the  date  on  which  he  is  declared elected,  whichever  is  earlier.]
2. The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
3. Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
4. A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
5. The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and,  until the Legislature of the State so determines, shall be as specified in the Second Schedule.

Article 165 – Advocate-General for  the  State 

1. The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
2. It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legalcharacter,  as may from time to time be referred or assigned to him by the Governor,  and  to  discharge  the functions conferred on him by or under this Constitution or any other law for the time being in force.
3. The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the  Governor may  determine.

Article 166 – Conduct of Business of the Government of a State

1. All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
2. Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
3. The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the  allocation among Ministers of the said business in so far as it is not business with respect to which  the Governor is by or under  this Constitution required to act in his discretion.

Article 167

It shall be the duty of the Chief Minister of each State—

1. to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs  of the State and proposals for legislation;
2. to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor  may call for;  and
3. if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been  taken by a Minister but which has not been considered by the Council.

2.0 Constitutional Position of the Governor

The Constitution of India provides for a parliamentary form of government in the states as is in the Centre. Consequently, the Governor has been made only a nominal executive; the real executive constitutes the council of ministers headed by the Chief Minister. In other words, the Governor has to exercise his powers and functions with the aid and advise of the council of ministers headed by the Chief Minister. However, the Governor can act in his discretion in the following cases:

1. Reservation of a bill for the consideration of the President
2. Recommendation for the imposition of the President's rule in the state
3. Exercising his functions as the administrator of an adjoining union territory (in case of additional charge)
4. Determining the amount payable by the government of Assam, Meghalaya, Tripura and Mizoram to an autonomous. Tribal District Council as royalty accruing from licenses for mineral exploration (Sixth Schedule)
5. Seeking information from the Chief Minister with regard to the administrative and legislative matters of the state
6. Appointing of Chief Minister when no party has a clear cut majority in the state legislature
7. Dismissal of the Council of ministers when it cannot prove the confidence in the state Legislative Assembly
8. Dissolution of the state Legislative Assembly if the council of ministers has lost its majority

In addition, the Governor has certain special responsibilities to discharge according to the directions issued by the President. In this regard, the Governor, though has to consult the council of ministersled by the Chief Minister, acts finally in his individual judgement or discretion. 

Thus, the Constitution has assigned a dual role to the office of a Governor in the Indian federal system. He is the constitutional head of the state as well as the representative of the Centre (i.e., President).

3.0 CHIEF MINISTER

3.1 Constitutional position

In the scheme of parliamentary system of government provided by the Constitution, the Governor is the nominal executive and the Chief Minister is the real executive. In other words, the Governor is the head of the state while the Chief Minister is the head of the government. Thus the position of the Chief Minister at the state level is analogus to the position of Prime Minister at the Centre.

The following constitutional provisions can be noted in this context

1. Every state shall have a council of ministers headed by the Chief Minister to aid and advise the Governor in the exercise of his powers and functions, except the discretionary ones (Article 163). 
2. The Chief Minister shall be appointed by the Governor.
3. Other ministers shall be appointed by the Governor on the advice of the Chief Minister. However, a Tribal Welfare Minister should be appointed in the states of Jharkhand, Chattisgarb, Madhya Pradesh and Orissa.
4. The ministers shall hold office during the pleasure of the Governor.
5. The council of ministers shall be collectively responsible to the state Legislative Assembly.
6. The Governor shall administer the oaths of office and secrecy to a minister.
7. A minister who is not a member of the state legislature for any period of six consecutive months shall cease to be a minister.
8. The salaries and allowances of ministers shall be determined by the state legislature.

The 91st Amendment Act (2003) has added the following two more provisions

1. The total number of ministers, including the chief minister, in the council of ministers in a state shall not exceed 15% of the total strength of the legislative assembly of that state. But, the number of ministers, including the chief minister, in a state shall not be less than 12.
2. A member of either House of state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.

3.2 Powers and functions

The powers and functions of Chief Minister can be studied under the following heads.

3.2.1 In relation to Council of Ministers    

The chief minister enjoys the following powers as head of the state council of ministers:

1. He recommends persons who can be appointed as ministers by the Governor. In other words, the Governor can appoint only those persons as ministers who are recommended by the chief minister.
2. He allocates and reshuffles the portfolios among ministers.
3. He can ask a minister to resign or advise the Governor to dismiss him in case of difference of opinion. 
4. He presides over the meetings of the council of ministers and influences its decisions.
5. He guides, directs, controls and coordinates the activities of all the ministers.
6. He can bring about the collapse of the council of ministers by resigning from office. Since the chief minister is the head of the council of ministers, his resignation or death automatically dissolves the council of ministers.

3.2.2 In relation to the Governor   

The Chief Minister enjoys the following powers in relation to the Governor:

• He is the principal channel of communication between the Governor and the council of ministers. In this capacity, he performs the following functions (Article 167):

1. To communicate to the Governor of all decisions of the council of ministers relating to administration of the affairs of the state and proposals for legislation.
2. To furnish such information relating to the administration of the affairs of the state and proposals for legislation as the Governor may call for.
3. If the Governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.

• He advises the Governor with regard to the appointment of important officials like Advocate-General, Chairman and members of the State Public Service Commission, State Election Commissioner, and so on.

3.2.3 In relation to State Legislature   

The Chief Minister enjoys the following powers as the leader of the house:

1. He advises the Governor with regard to the summoning and proroguing of the sessions of the state legislature.
2. He can recommend the dissolution of the Legislative Assembly to the Governor anytime.
3. He announces the government policies on the floor of the house.

3.2.4 Other powers and functions    

In addition, the chief minister also has the following roles in the state administration:

1. He is the chairman of the State Planning Board.
2. He acts as a vice-chairman of the concerned Zonal Council by rotation, holding office for a period of one year at a time.
3. He is a member of the Inter-State Council and the National Development Council, both headed by the Prime Minister.
4. He is the chief spokesman of the state government.
5. He is the crisis manager-in-chief at the political level during emergencies.
6. As a leader of the state, he meets various sections of the people and receives memoranda from them regarding their problems, and so on. 
7. He is the leader of the party in power.
8. He is the political head of the services.

Thus, the chief minister plays a very significant and highly crucial role in the state administration. However, the discretionary powers enjoyed by the Governor have reduced to some extent the power, authority, influence, prestige and role of the Chief Minister in the state administration.

4.0 SECRETARIAT

4.1 Meaning

Every state has a Secretariat of its own. It is the nerve centre of state administration. It consists of several departments of the state government. The departments are headed politically by the ministers and administratively by the secretaries. The Chief Secretary is the head of the entire State Secretariat while, a Secretary is head of one or two departments. The Secretary is usually a senior IAS officer (a generalist). An exception to this rule is the Public Works Department which is headed by the Chief Engineer (a specialist). It should be noted here that the Secretary is the Secretary to the State Government as a whole and not to the individual minister concerned.

4.2 Organisation

The number of Secretariat departments vary from state to state. It ranges from 15 to 35 departments. The departments which are common to most of the states are mentioned below.

Usually, each secretary is given the charge of more than one department. Hence, the number of secretariat departments would be more than the number of secretaries.

4.3 Personnel

A Secretariat department consists of officers who are appointed for a fixed tenure. The heirarchy of the Secretariat officers is:

5.0 A.R.C. Recommendations

The Administrative Reforms Commission (ARC) of India (1966-1970) in its report on State Administration made the following recommendations to improve the performance of the state secretariat:

1. The number of departments in the state secretariat should not exceed thirteen.
2. The basic scheme of grouping of subjects into departments should not be changed to increase the number of ministers' portfolios.
3. A Department of Personnel should be set up under the charge of the chief secretary and be placed under the chief minister.
4. The distribution of subjects between different secretariat departments should enable them to deal with a specific segment of administrative activities.
5. The executive functions performed by the secretariat should be transferred to the appropriate executive organisations.
6. Two staff cells (a combined cell on planning and policy; and a finance cell) should be set up in departments dealing with specific subjects.
7. A Policy Advisory Committee should be set up in each department.
8. Below the minister, there should be only two levels of consideration and decision, with work assigned to each on the lines of 'desk-officer' system.

6.0 CHIEF SECRETARY

6.1 Position

The office of a Chief Secretary had its origin in the Central Government during the British rule. It was created in 1799 by Lord Wellesly, the then Governer-General of India. G.H. Barlow was the first occupant of this office. However, in course of time, this office disappeared from the Central Government and was adopted by state governments much before the attainment of Independence.

The Chief Secretary is the executive head of the State Secretariat. He is the administrative head of the state administration and stands at the apex of the state administrative hierarchy. His position vis a vis other secretaries is more than primus inter pares (first among equals). He is, in fact, chief of the secretaries and his control extends to all the Secretariat departments. He leads, guides and controls the entire state administration. He holds a pivotal, pre-eminent and coveted position and assumes different roles in the administrative system of the state. As observed by Mangat Rai, "The Chief Secretary's job is not a technician's or even a professional's, he is not a knowledgeable engineer, nor even a first class magistrate, he is part of the process of government and in a democratic republic, part of the human process."

Since 1973, a Chief Secretary is the senior-most civil servant in all the states. Before that, for instance, he was considered junior to the Financial Commissioner in Punjab and members of the Board of Revenue in UP. In Tamil Nadu, on the other hand, he was the senior-most civil servant. However, this office was standardised in 1973 on the recommendation of the Administrative Reforms Commission of India, and this post was equated with that of the Secretary to the Government of India, both in status and emoluments.

The chief secretary is chosen by the chief minister from the senior IAS officers of the state cadre. 

The office of Chief Secretary has been excluded from the operation of the tenure system. In other words, there is no fixed tenure for this post. The Administrative Reforms Commission of India recommended that the tenure of Chief Secretary should be of three to four years. However, the old system still continues as the recommendation was not accepted.

6.2 Powers and functions

The powers and functions of the Chief Secretary are mentioned in the 'Rules of Business' framed by a state government. He also derives some of his powers and functions from conventions. 

As an Advisor to the Chief Minister: The Chief Secretary acts as the principal advisor to the Chief Minister on all matters of state administration. The Chief Minister consults the Chief Secretary on all policy issues related to the governance of state. He explains to the Chief Minister about the administrative implications of the proposals forwarded by the state ministers. He also acts as a link between the Chief Minister and other secretaries of the state government.

As Secretary to the Cabinet: The Chief Secretary acts as a Secretary to the state Cabinet. He is the administrative head of the Cabinet Secretariat and attends the meeting of the Cabinet and its sub-committee, if necessary. He prepares the agenda for Cabinet meetings and keeps records of its proceedings. He takes steps for the implementation of the decision taken in such meetings.

As the Head of Civil Service: The Chief Secretary acts as the head of the state civil service. He deals with all cases related to appointment, transfers and promotion of senior state civil servants. He plays an important role in maintaining the morale of the state civil service. He is the conscience-keeper to all state civil servants.

As Chief Coordinator: The Chief Secretary is the chief-coordinator of state administration. At the secretarial level, he works towards ensuring inter-departmental coordination. He advises the secretaries on inter-departments difficulties. He is the Chairman of coordination committees set up for resolving interdepartmental disputes. He presides over the meetings of the departments' secretaries. Below the Secretariat level, he presides over the conferences attended by Divisional Commissioners, District Collectors and the heads of departments of district administration to effect coordination.

As the Head of Certain Departments: The Chief Secretary also acts as the administrative head of some Secretariat departments. However, there is no uniformity throughout the country in this regard and his position varies from state to state. In most cases the General Administration Department, Personnel Department, Planning Department and Administrative Reforms Department are directly under the charge of the Chief Secretary. The General Administration Department is the most important department in the state Secretariat and its political head is the Chief Minister himself. It is concerned with various matters affecting the entire business of the state government. The Administrative Reforms Commission of India recommended that the Personnel Department in all the states should be directly headed by the Chief Secretary.

As Crisis Administrator: In times of crisis like flood, drought, communal disturbances, and other, the Chief Secretary plays a very significant role. He provides guidance and leads the officers and agencies engaged in relief operations. He is generally a chairman or an important member of committees set up to take high level policy decisions during a crisis situation. In fact, he acts as the crisis administrator-in-chief and virtually represents the state government for all the officers concerned with relief operations.

6.3 Other functions and roles    

The Chief Secretary also performs the following functions and roles:

1. He acts as the residual legatee, that is, he looks after all those matters which do not fall within the purview of other secretaries.
2. He acts as the secretary, by rotation, of the Zonal Council of which the state concerned is a member.
3. He exercises general supervision and control over the entire State Secretariat.
4. He has administrative control over the Secretariat building, the staff attached to the ministers, the central record branch, the Secretariat library, the conservancy and watch and ward staff of the Secretariat departments.
5. He is the principal channel of communication between his government and the Central government and other state governments.
6. He plays a significant role in the administration of law and order and planning.
7. He attends the annually held chief secretaries conference presided over by the cabinet secretary of the Union Government.
8. He acts as a spokesman of the state government.
9. He acts as the chief advisor to the Governor when President's rule is imposed in the state, and if the Central advisors are not appointed.                                                
10. Earlier, he would attend meetings of NDC (National Development Council). Later he represented State at NITI Ayog meetings.
11. He acts as the chief public relations officer of the state government.

6.4 Chief Secretary Vs. Cabinet Secretary

There is no office in the Union Government which can be equated to that of Chief Secretary in the state. To some extent, the Cabinet Secretary, at the Central level can be called as the counterpart of chief secretary. However the functions performed and the roles assumed by the chief secretary in the state administration are so vast, varied and wide that they are shared at the central level, by the Cabinet Secretary, the Personnel Secretary, the Home Secretary and the Finance Secretary.

The similarities between the Chief Secretary and the Cabinet Secretary are: 

1. Both are chief advisors to their respective chief executives.
2. Both are chief coordinators of their respective administrations.
3. Both are secretaries to their respective cabinets. 
4. Both are administrative heads of their respective cabinet secretariats. 
5. Both the offices originated at the Central level.
6. Both supervise the implementation of the decisions of their respective cabinets.
7. Both are heads of their respective civil services. 

The differences between the Chief Secretary and the Cabinet Secretary are:

1. The powers and functions of Chief Secretary are much more than that of the Cabinet Secretary.
2. The Chief Secretary is the administrative head of the State Secretariat, while the Cabinet Secretary is not the administrative head of the Central Secretariat.
3. The Chief Secretary is the chief of state secretaries, while the Cabinet Secretary is not the chief of Central secretaries but only primus inter pares (first among equals).
4. The Chief Secretary is the Residual Legatee at the state level, while the Cabinet Secretary is not the Residual Legatee at the Central level. This function at the Central level is performed by the Principal Secretary to the Prime Minister who is the administrative head of the PMO.
5. Some departments of the State Secretariat are directly under the charge of chief secretary while no department of the Central Secretariat is under the direct charge of the Cabinet Secretary except, of course, the Cabinet Secretariat.

7.0 DIRECTORATES

7.1 Meaning

The minister, the Secretary and the executive head are the three components of government at the state level. The minister and the Secretary together constitute what is popularly known as the Secretariat. The office of the executive head, on the other hand, is termed as the Directorate. The directorates function under the State Secretariat.

A secretariat is a staff agency while a Directorate is a line agency. In other words, a Secretariat is concerned with policy-making, while a Directorate is concerned with policy execution. Thus, directorates are the executive arms of state governments. Their duty is to translate into action the policies which are framed by a Secretariat.

They are also known as executive departments as distinct from the Secretariat departments. Excepting few cases, each Secretariat department has a corresponding executive department.

7.2 Heads

The directorates are as a rule located outside the secretariat. They constitute distinct organisational entities headed by Director who is assisted by Additional Directors, Joint Directors, Deputy Directors and Assistant Directors. However, the head of a Directorate (i.e. executive department or executive agency) may also be known by various names viz- Commissioner, Director-General, Inspector-General, Registrar, Controller, Chief Engineer, Chief Conservator, and so on. 

7.3 Functions

The functions of the Head of the Directorate are: 

1. To provide technical advice to the ministers. 
2. To prepare the budget of the department.
3. To exercise disciplinary powers over the subordinate officers as per rules.
4. To render advise to the State Public Service Commission regarding promotions and disciplinary actions. 
5. To inspect implementation of work by the departmental district staff.
6. To allocate grants and make budget reappropriations. 
7. To make all appointments, confirmations, postings, transfers and promotions of all subordinate officers within the prescribed limits and approved rules.
8. To organise in-service training programmes for departmental officers.
9. To carryout departmental research and experiment programme to improve the efficiency of the department. 
10. To accord sanction to the officers for the attendance of conferences (other than inter-state or Central Government conferences).

8.0 DISTRICT COLLECTOR: CHANGING ROLE

8.1 Position

A District Collector is also called as Deputy Commissioner in Karnataka, Assam, Punjab, Jammu and Kashmir and Haryana. and District Magistrate in West Bengal and Uttar Pradesh. The office of a District Collector is called as the Collectorate.

A District Collector is the head of district administration and the official agent of the state government in the district. The office of a District Collector is a unique as it has no parallels in the administrative systems of other countries except the office of Prefect in France. In France, the Prefect is the head of the department (i.e. the largest territorial unit of administration in France) and an official agent of the Central Government.

8.2 Understanding the position

By 2019-20, India had 725 districts in all. The number was 640 in 2011 Census, and 593 in the 2001 Census. A district is placed under the charge of a District Officer called the District Collector or Deputy Commissioner, the key person of district administration.

He is the chief representative of the State (or Central - indirectly) government in the district. This office is the result of a long process of evolution, and came about in 1772 when it was created during the British regime to carry out activities chiefly related to collection of land revenue, maintenance of law and order, prevention of disorder, proper working of the police and jails, administration of criminal justice and exercised appellate powers in some cases besides those to try cases of special importance. It has survived till date!

He belongs to the Indian administrative service. However, the judicial powers have been curtailed a lot, as the Article 50 of the constitution separates the judiciary from the executive. With separate judicial officers in the district, the collector no longer holds the same judicial authority as he did earlier as a District Magistrate. The developmental role of the Collector also reduced with more democratic decentralization in the form of Panchayati Raj which preceded this role has curtailed his powers drastically in some states.

The Zilla Parishads have emerged as separate centers of power, largely independent of the collector. The emergence of several technical departments like labour, agriculture, cooperatives etc are now controlled by a host of executive officers directly at the state level, which has led to the reduction of the collector’s authority. Some of the technical departments are headed by specialists.

District Collector - Role and Functions

Revenue Functions : The DC is the head of the revenue administration of the district. His main task is the assessment and collection of land revenue.

1. to collect land revenue
2. to collect other government dues
3. to maintain land records
4. to collect rural statistics
5. to exercise the power of land acquisition officer, i.e. acquiring land for purpose of colonization, industry, slum clearance etc.
6. to implement land reforms
7. to look after the welfare of the agriculturists
8. to make an assessment of losses of crops and recommend relief during natural calamities like fire, draught and flood etc.
9. to supervise treasury and sub treasury
10. to enforce Stamps Act, etc.

Maintenance of Law and Order : The Collector as the District Magistrate (DM) is responsible for the maintenance of law and order in his district. Three elements are involved i.e. – the police, the judiciary and the jails. As District Magistrate, he performs the following functions :

1. To control and supervise the subordinate magistracy
2. In case of threat to public peace, to order imposition under section 144 of the criminical procedure code (CrPC)
3. To inspect the jails
4. To release prisoners on parole
5. To grant superior classes to prisoners
6. To submit an annual criminal report to the govt.
7. To grant, suspend or cancel many kinds of licenses like arms, hotels, explosives etc.
8. To control and direct the action of district police
9. To enforce Entertainment Tax Act and Press Act
10. To prosecute offenders under the Factories Act and Trade Mark Act etc.

The executions of writs of the civil and criminal courts, including criminal writs from courts outside the district, is normally done through the magisterial elements of the district administration. He supervises the subordinate magistracy and orders magisterial postings when required. The District Jail is under his general control. He can visit the Jail from time to time to see that all is well and ensure the expeditious disposal of cases of under-trial prisoners.

Co-ordinator of Departments/Offices : Earlier, the DC was the coordinating agency in overall charge of every important official activity in the district. After independence, several departments of technical nature were setup - like public health, public works, agriculture, irrigation, education and cooperation. These are headed by specialists and are not under the supervision of the collector. Some functions are :

1. The entire team in a district has to work with a sense of dedication in the same manner as a soldier on the battle front
2. The district officer is still the commander who has to organize and coordinate the different departments and achieve the target which must be clearly laid down
3. The collector must give each agency breathing space, remove bottlenecks, invoke the trust of the various departments in himself and bring out unity of purpose
4. Agricultural loans are distributed by the collector and his staff, relief works have to be taken up on a very extensive scale in case of a famine, floods etc.
5. Land acquisition is another major responsibility of the collector. Due to various development projects, housing schemes, slum clearance etc, land has to be acquired for public purposes

In some states like erstwhile, Andhra Pradesh, another IAS officer designated as the district revenue officer was appointed to assist the collector in his revenue work.

Crisis Management : During emergencies such as those caused by natural calamities, floods, famines, cyclones, etc. or man-made crises such as riots, fires, or external aggression, the DC enforces civil defense measures, is responsible for the protection of vital installations, prevents panic and performs a host of other crucial functions. With the evolution of the National Disaster Management Authority (NDMA), detailed district level plans are made in advance known as "Contingency Plans".

Development Functions : The DC is a pivotal figure in the implementation of development programmes. In many states, he is also designated as the District Development Officer. He is made responsible for both regulatory and development administration. The great influence that the collector wields in the district should be harnessed to the task of development. Some tasks are :

1. Focal point after the initiation of development planning in India
2. Coordinating the programmes for the welfare and benefit of the down-trodden started by the government
3. Rural development programmes aimed at eradicating poverty and improving the living standards of the poor
4. Provides a leadership role in the extension and development activity of the district
5. He is the ex-officio chairman of the district rural development agency (DRDA)
6. The 73rd and 74th amendments and the enactments on Panchayati Raj by various states in 1993 and early 1994 have changed the role and the responsibilities of the collector with regard to developmental activities.

Other Functions : These are

1. Returning officer and coordinator of election work of Parliament and Vidhan Sabha constituencies at the district level
2. Conducts census operations every 10 years
3. Grant of old age pension and house building loans
4. Preparation of district gazetteers and protection of ancient monuments
5. Supervision and control over municipalities in the district
6. Acts as a protocol officer
7. He is the chairman of several committees such as – the family planning committee, public grievance committee, planning committee, soldiers welfare fund committee etc.
8. Attending to character verification, issue certificate of domicile, schedule castes and backward classes, political sufferers etc.

The Constitution of India provides for a division of powers between the Union (Centre) and states. It divides all the subjects into 3 lists – Union List, State List, and Concurrent List the Union List describe the subjects under the control Centre Government, the State List describes the subjects under the jurisdiction of states being the Concurrent List describes the subjects which are under the joint jurisdiction of the Centre of States. The subjects which do not fall in these lists i.e. residuary subjects have been given to the Centre.

The Union List Subjects (97 Subjects): The Union List is the longest of the three lists. It lists 97 subjects on which the Union Parliament can pass laws. The effective strength of the Union List is now 98. The main subjects of the Union List are: Defense, Foreign Affairs, Currency and Coinage, War and Peace, Atomic Energy, National Resources, Railways, Post and Telegraph, Citizenship, Navigation and Shipping, Foreign Trade, Inter-State Trade and Commerce, Banking, Insurance, National Highways, Census, Election, Institutions of higher education and others.

State List (66 Subjects): State List enumerates the subjects on which each State Legislature can legislate and such laws operate within the territory of each state. The main subjects of the State List are: public order, police, state court fees, prisons, local government, public health and sanitation, hospitals and dispensaries, pilgrimages within India, intoxicating liquors, relief of disabled and unemployable, libraries, communications, agriculture, animal husbandry, water supply, irrigation and canals, fisheries, road passenger tax and goods tax, capitation tax and others.

Concurrent List (47 Subjects): The Union Parliament, as well as the State Legislatures, have the power to legislate over the subjects listed in List III (Concurrent List). The main subjects listed in this list are : criminal law, criminal procedure, preventive detention for reasons concerned with the security of state, marriage and divorce, transfer of property other than agricultural land, contract, actionable wrongs, bankruptcy and insolvency, trust and trustees, administration of justice, evidence and oaths, civil procedure, contempt of court, lunacy, prevention of cruelty to animals, forests, protection of wild animals and birds, population control and family planning, trade unions, education, labour welfare, inland shipping and navigation, food stuffs, price control, stamp duties, and others. The actual strength of the Concurrent List is 52 as five more entries were inserted by the 42nd Constitutional Amendment.

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