Right To Service

by

–2/”>a >DOCTYPE html PUBLIC “-//W3C//DTD XHTML 1.0 Transitional//EN” “http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd”>


<br />


Right To Service

 

 

Delivering public Services in a time bound, decentralised and citizen friendly manner has been one of the major challenges facing the administration wing of the government.

 

Right to Public Services legislation in India comprises statutory laws which guarantee time-bound delivery of various public services rendered to citizens and provides mechanism for punishing the errant public servant if they are is deficient in providing the stipulated services. Hence, Right to Service legislation ensures delivery of time bound services to the public. If the concerned officer fails to provide the service in time, he will have to pay a fine. Thus, it is aimed to reduce Corruption among the government officials and to increase transparency and public accountability.

 

Right to Service legislation are meant to reduce corruption among the government officials and to increase transparency and public accountability.[2] Madhya Pradesh became the first state in India to enact Right to Service Act on 18 August 2010 and Bihar was the second to enact this bill on 25 July 2011. Several other states like Bihar, Delhi, Punjab, Rajasthan, Himachal Pradesh, Kerala, Uttarakhand, Haryana, Uttar Pradesh, Odisha and Jharkhand have introduced similar legislation for effectuating the right to service to the citizen.

 

Our development as a nation is plagued by low Literacy levels, poor Health, high Population, extreme POVERTY and corruption. In 2014 India ranked 85th out of 175 countries in Transparency International's Corruption Perceptions Index11 indicating there is a long way to go.

 

The three defining indicators that have emerged as main components of Good Governance, effectively reinforcing democratic principle

 

  1. Transparency and Accessibility: Transparency is described as the “characteristic of governments, companies, organisations and individuals of being open in the clear disclosure of information rules, plans, processes and actions”.

 

  1. Accountability and Timelines: Administrative transparency is a means to ensure accountability, reason the lack of it, and also highlight areas susceptible to corrupt practices, further ensuring that they are not overlooked. Accountability strategies which include checks and balances range from checking resource use, controlling expenditure, internal and external Auditing processes, to monitoring mechanisms.

 

  1. Impact and Responsiveness of the Administration: The impact of the efficiency of the system can be gauged by people’s faith and confidence in the same. Citizens have become more articulate and aware and expect the administration to respond not merely to their demands but also anticipate them beforehand. The effectiveness and efficiency of an administration at any level, centre, state or local depends on fully responsive and representational people and institutions, as well as on prioritising service and legal mechanisms to correspond with needs of citizens.

 

The Second Administrative Reforms Commission (ARC), “Citizen Centric Administration: The Heart of Governance” endorsed the Sevottam framework and recommended its full implementation in Union and State Governments. Later in 2007, the Second Administrative Reforms Commission recommended that Citizen’s Charters should stipulate penalties for non-compliance followed by The Standing Committee on Personnel, Public Grievances, Law and Justice recommending giving statutory status to Grievance Redressal mechanisms, in 2008.

 

Centralised Public Grievance Redress and Monitoring System (CPGRAMS) In June 2007, the DARPG put in place a 24×7 online portal that links 89 ministries/departments/organisations as of now. This web-enabled solution called the CPGRAMS, sought to streamline and integrate the whole process. The CPGRAMS helps in filing, transferring, tracking and monitoring of complaints from both sides—the citizen, and the department-incharge—from any place and at any time.

 

 

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011

 

The Bill was introduced in the Lok Sabha on December 20, 2011. The Bill was referred to the Department Related Standing Committee on Personnel, Public Grievances, Law and Justice.

19 States have Notified/Enacted the bill till yet.

 

The Bill refers to a ‘citizens charter’ which is a document that defines the standard of services to be provided by an entity. The citizens charter will also provide the time frame within which goods and services are to be provided.

  • The Bill requires all public authorities to appoint officers to redress grievances.  Grievances are to be redressed within 30 working days.  The Bill also provides for the appointment of Central and State Public Grievance Redressal Commissions.
  • A penalty of up to Rs 50,000 may be levied upon the responsible officer or the Grievance Redressal Officer for failure to render services.

 

The common framework of the legislations in various states includes, granting of "right to public services", which are to be provided to the public by the designated official within the stipulated time frame. The public services which are to be granted as a right under the legislations are generally notified separately through Gazette notification. Some of the common public services which are to be provided within the fixed time frame as a right under the Acts, includes issuing caste, birth, marriage and domicile certificates, electric connections, voter’s card, ration cards, copies of land records, etc.

On failure to provide the service by the designated officer within the given time or rejected to provide the service, the aggrieved person can approach the First Appellate Authority. The First Appellate Authority, after making a hearing, can accept or reject the appeal by making a written order stating the reasons for the order and intimate the same to the applicant, and can order the public servant to provide the service to the applicant.

An appeal can be made from the order of the First Appellate Authority to the Second Appellate Authority, who can either accept or reject the application, by making a written order stating the reasons for the order and intimate the same to the applicant, and can order the public servant to provide the service to the applicant or can impose penalty on the designated officer for deficiency of service without any reasonable cause, which can range from Rs. 500 to Rs. 5000 or may recommend disciplinary proceedings. The applicant may be compensated out of the penalty imposed on the officer. The appellate authorities has been granted certain powers of a Civil Court while trying a suit under Code of Civil Procedure.



,

The Right to Service Act, 2011 is a landmark legislation that has ushered in a new era of Transparency and Accountability in the delivery of public services in India. The Act provides for a number of measures to ensure that citizens get timely and efficient service from government departments and agencies. These measures include:

  • Setting up of a Centralized Public Grievance Redressal System (CPGRAMS)
  • Establishment of State Grievance Redressal Commissions
  • Appointment of Public Grievance Commissioners
  • Publication of Citizen Charters by all government departments and agencies
  • Setting up of Service Delivery Centers
  • Imposition of penalties for non-compliance with the Act

The Right to Service Act has been a major step in ensuring that citizens get timely and efficient service from government departments and agencies. The Act has helped to reduce corruption and improve the Quality of service delivery.

Centralized Public Grievance Redressal System (CPGRAMS)

The Centralized Public Grievance Redressal System (CPGRAMS) is a web-based system that provides a single window for registering and tracking grievances against government departments and agencies. The system was launched in 2005 and has since been used to register over 10 million grievances.

The CPGRAMS has been instrumental in reducing the time taken to resolve grievances. The Average time taken to resolve a grievance through the CPGRAMS is now 20 days, as compared to 60 days before the system was launched.

State Grievance Redressal Commissions

The State Grievance Redressal Commissions are quasi-judicial bodies that have been set up in all states and union territories to hear and decide grievances against government departments and agencies. The Commissions are headed by a retired judge of the High Court and have powers to summon witnesses, record evidence and issue directions to government departments and agencies.

Public Grievance Commissioners

The Public Grievance Commissioners are appointed by the Central Government to oversee the implementation of the Right to Service Act. The Commissioners have powers to inspect government departments and agencies, investigate complaints and take action against erring officials.

Citizen Charters

All government departments and agencies are required to publish Citizen Charters, which lay down the standards of service that they are expected to provide. The Charters must be prominently displayed at all government offices and must be made available to the public in a variety of formats, including print, electronic and audio-visual.

Service Delivery Centers

Service Delivery Centers have been set up in all districts to provide citizens with a single point of contact for accessing government services. The Centers are equipped with trained staff and offer a range of services, including issuing birth and death certificates, providing information on government schemes and programs, and filing applications for government services.

Penalties for non-compliance with the Act

The Right to Service Act provides for a number of penalties for non-compliance, including imprisonment, fines and suspension from service. The penalties are intended to deter government officials from delaying or denying service to citizens.

The Right to Service Act has been a major step in ensuring that citizens get timely and efficient service from government departments and agencies. The Act has helped to reduce corruption and improve the quality of service delivery. The Act has also made it easier for citizens to access government services and has empowered them to hold government officials accountable.

What is a right?

A right is a moral or legal entitlement to have or obtain something or to act in a certain way.

What is a service?

A service is an act that is performed for someone else, typically in exchange for Money.

What is the right to service?

The right to service is the right to receive a service from a government or other organization. This right is often enshrined in law, and it can be enforced through legal action.

What are some examples of the right to service?

Some examples of the right to service include the right to Education, the right to healthcare, and the right to housing.

What are some arguments for and against the right to service?

Arguments for the right to service include the fact that it is a basic human right, that it is necessary for a just Society, and that it can help to improve people’s lives. Arguments against the right to service include the fact that it can be expensive, that it can be difficult to enforce, and that it can lead to a decrease in quality of service.

What are some of the challenges to implementing the right to service?

Some of the challenges to implementing the right to service include the lack of Resources, the lack of political will, and the lack of coordination between different government agencies.

What are some of the successes in implementing the right to service?

Some of the successes in implementing the right to service include the expansion of access to education, healthcare, and housing in many countries.

What are some of the future directions for the right to service?

Some of the future directions for the right to service include the expansion of the right to include new services, the improvement of the quality of service, and the increased accountability of service providers.

Sure, here are some MCQs on the following topics:

  1. Right To Information

  2. Which of the following is not a right guaranteed by the Right to information act?

    • The right to information on any subject of public importance
    • The right to information on any matter relating to the affairs of the government
    • The right to information on any matter relating to the administration of justice
    • The right to information on any matter relating to the conduct of any public authority
  3. Which of the following is not a duty of a public authority under the Right to Information Act?
    • To provide information to any person who requests it
    • To maintain records in a systematic and indexed manner
    • To provide information in a language that is easily understandable by the person requesting it
    • To charge a fee for providing information

  4. Which of the following is not an exception to the Right to Information Act?

    • Information that is exempted from disclosure under any other law
    • Information that is likely to endanger the life or physical safety of any person
    • Information that is likely to prejudice the security of the State or its relations with foreign States
    • Information that is likely to cause a Breach of Privilege of Parliament or the State Legislature

  5. Right to Equality

  6. Which of the following is not a fundamental right guaranteed by the Constitution of India?

    • The right to equality before the law
    • The right to equal protection of the laws
    • The right to freedom from discrimination on grounds of religion, race, caste, sex, place of birth or any of them
    • The right to equality of opportunity in matters of public EMPLOYMENT
  7. Which of the following is not a Prohibition under the Constitution of India?
    • No person shall be discriminated against on grounds of religion, race, caste, sex, place of birth or any of them
    • No person shall be denied admission to any educational institution on grounds of religion, race, caste, sex, place of birth or any of them
    • No person shall be denied employment or promotion on grounds of religion, race, caste, sex, place of birth or any of them
    • No person shall be denied the use of any public place or service on grounds of religion, race, caste, sex, place of birth or any of them

  8. Which of the following is not a remedy available to a person who has been discriminated against?

    • The right to file a complaint with the National Commission for Scheduled Castes or the National Commission for Scheduled Tribes
    • The right to file a complaint with the State Commission for Scheduled Castes or the State Commission for Scheduled Tribes
    • The right to file a Writ Petition in the High Court or The Supreme Court
    • The right to file a complaint with the National Human Rights Commission

  9. Right to Freedom

  10. Which of the following is not a fundamental right guaranteed by the Constitution of India?

  11. Which of the following is not a limitation on the right to freedom of speech and expression?
    • In the interests of the Sovereignty and Integrity of India
    • In the interests of the security of the State
    • In the interests of friendly relations with foreign States
    • In the interests of public order, decency or morality
  12. Which of the following is not a remedy available to a person whose Fundamental Rights have been violated?