Sunday 11 March 2012

Guarantee Of Services To Citizens Act - Will It Work?

Over the years, the quality of  services received by the public at government offices has declined steadily. This seems a world-wide problem and to tackle it, the British government introduced Citizens Charter in 1991 to make the administration citizen-friendly and accountable. Standards were fixed for the provision of various government services and steps were taken to make the citizen aware of their rights with reference to services provided by various government bodies.  
Like many other countries, India followed suit and in 1997, the central government launched a citizens charter initiative in both central and state government departments. But the time frames fixed in the citizens charters for providing various services were rarely followed and the quality of government services kept on declining (This problem seems closely connected with corruption). The frustration of the public with the inefficiency of the government is now reaching the breaking point and realizing that it is becoming a political liability, governments are rushing to enact laws which make government servants accountable and punish them for violations of the citizens charters. Madhya Pradesh was the first state to pass such a law. Its Right to Public Services Act came into effect in 2010. Following Madhya Pradesh, several other states, Bihar, Chattisgadh, Delhi, Himachal Pradesh, Jammu & Kashmir, Jharkand, Punjab, Rajastan, Uttar Pradesh and Uttarakhand have implemented their own Right to Public Services Acts. Kerala and the Central governments have drafted similar bills. Karnataka legislature has passed the Guarantee Of Services To Citizens Act, 2011 and is expected to implement it soon.  
Karnataka's Act follows the Acts passed earlier by other state governments. It sets time limits for providing some services (not all) by government departments and prescribes fines for government servants who do not provide service within those limits. One big difference is that while the other states prescribe fines of Rs. 250-500 per day for violating the time limits, the Karnataka Act prescribes a measly amount of Rs. 20 per day (subject to a maximum of Rs. 500). It is not clear if this token fine will really force the officials to become efficient.  
Another problem with the Karnataka Act (and for that matter, all other state Acts) is with enforcement of its provisions. These Acts provide for two levels of enforcement, "the competent officer" and "the appellate authority" who decide on the fine to be levied on the errant officials. But no time limits have been fixed for the competent officer and the appellate authority to give their decisions and no penalties have been prescribed if their decisions are delayed. With no pressure on them, will  the competent officer and the appellate authority give decisions against their own subordinates promptly? Since the Act bars the jurisdiction of all courts, any citizen aggrieved by the delay of the competent officer or appellate authority has nowhere to go. Why did all the state governments not anticipate this potential problem?  
As mentioned above, not all services are covered by the Act. For example, we see frequent letters in the local media complaining that completion reports on buildings are not being issued by Mysore City Corporation and that MUDA is not issuing title deeds The Karnataka Act does not prescribe time limits for either of these services.  
In fact, only five MCC services are covered by the Act: issue of birth and death certificates, grant of trade licences, providing khatha extract, issuing building licences for residential buildings of area less than 2400 sq. ft. and permission for water and UGD connection for residential buildings.  
Surprisingly, none of the services provided by MUDA is covered by the Act.
N.Dwarakanath, Mysore Grahakara Parishat