SHIKHAR MAINS 2022- DAY 42 Model Answer English
Q1. उत्तर प्रदेश में कमिश्नरी प्रणाली ने पुलिस को और सशक्त बनाया है।इस कथन के आलोक में कमिश्नरी प्रणाली को स्पष्ट करते हुए उत्तर प्रदेश में इसकी आवश्यकता पर प्रकाश डालिए ?
Commissionerate system in Uttar Pradesh made the police more powerful, in light of the statement discuss the need of Commissionerate system in Uttar Pradesh?
Approach:
· In introduction highlight the changing nature of urbanization and crimes.
· Further write about the empowerment of police through Commissionerate system.
· Finally conclude with emphasizing on the need of a Commissionerate system in Uttar Pradesh.
Answer:
With the increase in urbanization in Uttar Pradesh, there is a numerical and qualitative difference in the incidence of crime. With the change in the nature of the economy, the management of dharna demonstrations, mobs and riots and maintaining law and order in the state has emerged as a significant challenge. Recently, the Uttar Pradesh government has implemented the police Commissionerate system in four metropolitan cities of the state, Lucknow, Kanpur, Varanasi, Gautam Budh Nagar. `
Under the 7th Schedule of the Constitution, 'Police' is a State List subject i.e. the State can make and control laws on this subject to maintain law and order.
Empowerment of police through Commissionerate system:
· In the Commissionerate system, the police commissioner exercises the powers and duties of a district magistrate. These powers are also available to any officer under the commissioner who is not below the rank of an assistant commissioner of police.
· In order to maintain law and order, the police officers have got the power to invoke Section 144 of the CrPC Act, to make preventive arrests, to initiate proceedings in this regard.
· The police are also empowered to take action and issue written orders to remove any person from the jurisdiction of the Commissionerate for a maximum period of two years.
· In certain special cases the State Government may, under Section 20(5) of CrPC, confer on the Commissioner of Police the legal powers of an Executive Magistrate.
· Under this Commissionerate system, police officers will be given additional powers by amending certain sections of the Code of Criminal Procedure (CrPC), Police Act, Motor Vehicles Act, National Security Act, State Security Act, Prisoners Act, etc.
Need for Commissionerate system in Uttar Pradesh:
· The Sixth National Police Commission report, which was released in 1983, recommended the introduction of a police Commissionerate system in cities with a population of 5 lakh and above, as well as in places with special circumstances. In the year 2005, a commission by the Union Home Ministry to improve the police system, in the Draft Model Police Act, the police Commissionerate system was said to be necessary for metros with a population of 10 lakhs or above.
· The Judicial Commission had stated the need to have separate branches of the police to handle law and order and to investigate and also suggested the provisioning of a special act to check organized crime and the formation of a special cell for its implementation.
· The growing scope of urbanization and the resulting new types of criminal tendencies, ways of committing crime and organized crime also get an impetus. Cities are prone to increase the incidence of terrorist activities, drug trafficking, human trafficking and cyber-crime.
· In the police force system at the district level, a 'dual system' of control exists, in which the Superintendent of Police (SP) has to work in coordination with the District Magistrate (DM) to oversee the police administration. As there is no dichotomy in this system, it is easier to make decisions and their implementation in case of riots, arson and attack on the police, destruction of public properties etc.
· In the Commissionerate system, the top officials are responsible to the government for their decisions and actions. Therefore, this system helps in removing the shortcomings of the bureaucracy.
Giving autonomy to public institutions of administration without the implementation of accountability measures is likely to lead to increased malpractices, abuse of power and injustice. The police are the strongest part of the government, so there is a high probability of these things in its behaviour. This reform in the governance structure should be viewed primarily from the point of view of the forces involved in carrying out urbanization and the focus should be on implementing the changes that are necessary to address the challenges arising out of urbanization.
Q2. उत्तर प्रदेश राज्य में पंचायती राज व्यवस्था के विकास पर चर्चा कीजिये।
Discuss the evolution of Panchayati Raj Institution in the state of Uttar Pradesh.
Approach:
· In introduction highlight the importance of Panchayati Raj Institution at the local level.
· Further discuss the development of Panchayati Raj in the State of Uttar Pradesh.
· Conclude appropriately.
Answer:
Through the 73rd Constitutional Amendment, constitutional status was given to the decentralized system of governance at the local level. In which there is Gram Panchayat at the village level, Panchayat Samiti at the Block (Taluka) level, and Panchayat Samiti of the district level. The system which was formed to run the local level (rural and urban) governance smoothly and to increase the participation of the people in governance is known as Panchayati Raj system.
· Panchayati Raj system is the basic element of the democratic system of our country. In Uttar Pradesh, the Panchayati Raj system has developed continuously in the last 23 years after the passing of the Amendment Act.
· The development of Panchayati Raj Institutions in Uttar Pradesh can be studied as follows:
· Uttar Pradesh adopted Panchayati Raj soon after independence with the Uttar Pradesh Panchayat Raj Act, 1947.
· Following the recommendations of the Balwant Rai Mehta Committee, a three-tier system of Panchayats was established through the enactment of the Uttar Pradesh Kshetra Panchayats and District Panchayats Act, 1961.
· In order to bring it in conformity with the provisions of the Constitution (73rd Amendment) Act, 1992, the State Government amended both the above Acts along with the Uttar Pradesh Panchayat Laws (Amendment) Act, 1994.
· The three tiers of Panchayati Raj Institutions in Uttar Pradesh have been named as Zila Panchayat at the district level, Kshetra Panchayat at the intermediate (block) level, and Gram Panchayat at the village level.
· The Administrative Reforms and Decentralization Commission (Bajaj Aayog) was appointed by the state government in the year 1994, which recommended elaborately regarding the devolution of functions to the Panchayats.
· Since 1997-98 with the recommendations of the Tenth Finance Commission (TFC) and State Finance Commission (SFC), the financial resources of the Gram Panchayat have been augmented.
· According to the Fourth State Finance Commission (SFC), 15% of the net revenue is shared with local governments, of which 40% is in the ratio 15:10:75 (Zilla Panchayat: Kshetra Panchayat: Gram Panchayat). allotted to the Panchayats. In 1999, steps were taken to permanently transfer village level functionaries of eight departments to Panchayats. As a result, the personnel like Gram Panchayat Adhikari, Village Development Officer, etc. were brought under the control of Gram Panchayat.
In 2015, the state government constituted the fifth State Finance Commission (SFC), which is yet to submit its report to the government.
In April-May 2021, Panchayat elections were held in Uttar Pradesh for the fifth time, which was a remarkable success. It was a massive election among just under 13 lakh candidates for some 8 lakh posts, including 3,050 zila panchayat wards, over 75,000 kshetra panchayat wards and over 7 lakh gram panchayat wards.
