Indian Administration III: Planning — the Planning Commission, NDC, NITI Aayog and State Planning Boards; the Judiciary — Independence, Judicial Review, PIL and Reform; Police Administration and Reform; E-Governance Initiatives
2. The judiciary: independence, judicial review, PIL and reform
India has a single integrated judiciary with the Supreme Court (Article 124) at the apex, High Courts in the states (Article 214) and subordinate courts below. The Constitution secures judicial independence by several devices: judges can be removed only by an address of both houses of Parliament passed by a special majority on grounds of proved misbehaviour or incapacity (Article 124(4)); their salaries are charged on the Consolidated Fund and cannot be reduced to their disadvantage during their term; the conduct of judges cannot be discussed in Parliament except on a removal motion (Article 121); the courts have the power to punish for contempt (Articles 129 and 215); retired Supreme Court judges may not plead before any court in India; and Article 50 directs the separation of the judiciary from the executive in public services. On appointments, the Supreme Court in the Second Judges case (1993) and the Third Judges case (1998) created the collegium of the Chief Justice and senior judges, and in the Fourth Judges case (2015) struck down the 99th Amendment and the National Judicial Appointments Commission.
Judicial review — the power to declare legislative and executive acts void if they violate the Constitution — rests on Articles 13, 32 and 226, and the basic structure doctrine of Kesavananda Bharati (1973) extends it to constitutional amendments. For administration, review means that officials' decisions can be quashed for illegality, irrationality or procedural unfairness. Public interest litigation, developed from the late 1970s by Justices P. N. Bhagwati and V. R. Krishna Iyer, relaxed the rule of locus standi so that any public-spirited person could approach the court on behalf of those unable to do so — Hussainara Khatoon (1979) on undertrial prisoners, S. P. Gupta (1981, the First Judges case) on standing — and admitted even letters as petitions (epistolary jurisdiction). PIL has produced landmark administrative directions (on bonded labour, the environment, custodial violence, the right to food), but is criticised for judicial overreach into executive and policy matters and for frivolous petitions.
- Pendency: tens of millions of cases pending, above all in the subordinate courts — the central problem of judicial administration, tracked through the National Judicial Data Grid.
- Technology: the e-Courts project (from 2007) for computerisation, e-filing and virtual hearings.
- Alternative dispute resolution: Lok Adalats under the Legal Services Authorities Act, 1987; mediation and arbitration; Gram Nyayalayas under the Gram Nyayalayas Act, 2008.
- Structural proposals: an All India Judicial Service (enabled by the 42nd Amendment's change to Article 312 but never created), more judges per million people, and fast-track courts.
3. Police administration and reform
Police and public order are in the State List (Entries 1 and 2), so police administration is a state function, though the Union maintains the central armed police forces and intelligence agencies. The basic law was for over a century the colonial Police Act, 1861, which created a force designed for control rather than service, under the "dual control" of the district's Superintendent of Police and the District Magistrate. In large cities many states have adopted the commissionerate system, in which a Commissioner of Police exercises magisterial powers of licensing and preventive action directly. The criminal-law framework changed on 1 July 2024, when the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam (all of 2023) replaced the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act.
The major reform milestones are the National Police Commission (1977–81, chaired by Dharma Vira), whose eight reports proposed a State Security Commission, a fixed tenure for police chiefs and insulation from political interference; the Ribeiro Committee (1998) and the Padmanabhaiah Committee (2000); the Model Police Act, 2006 drafted by the Soli Sorabjee Committee; and the Supreme Court's judgment in Prakash Singh v. Union of India (2006), which issued seven directives. Compliance by states has been partial, and the Second ARC's fifth report, Public Order (2007), returned to the same agenda.
| Directive | Purpose |
|---|---|
| State Security Commission | Keep the state government from exercising unwarranted influence on the police; lay down broad policy |
| Selection and minimum two-year tenure of the DGP | The DGP chosen from three senior officers empanelled by the Union Public Service Commission |
| Minimum two-year tenure for field officers | Inspectors-General of zones, DIGs of ranges, SPs of districts and station house officers |
| Separation of investigation from law and order | Better, specialised investigation, starting in larger towns |
| Police Establishment Board | Decide transfers, postings and promotions of officers of and below the rank of Deputy Superintendent |
| Police Complaints Authorities | At state and district levels, to inquire into complaints of serious misconduct |
| National Security Commission | At the Union level, for selection and placement of chiefs of the central police organisations |
4. E-governance initiatives in Indian administration
E-governance in India began with computerisation — the National Informatics Centre (1976) — and a wave of state-level pilots around 2000: Bhoomi, the computerisation of land records in Karnataka; e-Seva citizen service centres in Andhra Pradesh; Gyandoot, village information kiosks in Dhar district of Madhya Pradesh; and FRIENDS, single-window bill payment in Kerala. The National e-Governance Plan (2006) scaled these up through Mission Mode Projects at the Union, state and integrated levels, supported by common infrastructure — State Wide Area Networks, State Data Centres and Common Service Centres in villages.
Digital India (launched 1 July 2015) reframed the effort around digital infrastructure as a utility, governance and services on demand, and digital empowerment, with NeGP 2.0 as e-Kranti. Its building blocks — often called digital public infrastructure — are Aadhaar (the unique identity administered by the Unique Identification Authority of India; statutory under the Aadhaar Act, 2016, and upheld with limits in Justice K. S. Puttaswamy v. Union of India, 2018), DigiLocker for documents, UMANG as a single mobile app for services, the Unified Payments Interface, Direct Benefit Transfer (from 2013) through the JAM trinity of Jan Dhan accounts, Aadhaar and mobile numbers, the Government e-Marketplace (2016) for public procurement, and CPGRAMS for public grievances. The administrative gains are reduced leakage, speed and transparency; the concerns are exclusion of those without connectivity or with failed biometric authentication, data protection, and the digital divide — questions taken up again under governance in Unit IX.
Key takeaways
- The Planning Commission (15 March 1950) and NDC (6 August 1952) were set up by resolution; NITI Aayog replaced the Commission on 1 January 2015 as a think tank without allocative power.
- The NDC was never formally abolished but has not met since December 2012; NITI Aayog's Governing Council does its work in practice.
- Judicial independence rests on removal only by special-majority address, charged salaries, contempt powers and the collegium (1993, 1998), which survived the NJAC challenge in 2015.
- PIL relaxed locus standi (Bhagwati, Krishna Iyer); Prakash Singh (2006) gave seven police-reform directives, and new criminal codes took effect on 1 July 2024.
- E-governance grew from Bhoomi, e-Seva, Gyandoot and FRIENDS through NeGP (2006) to Digital India (2015), Aadhaar, DBT and the JAM trinity.
Practice questions (10)
Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.
NITI Aayog replaced the Planning Commission with effect from:
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Answer: C — 1 January 2015
NITI Aayog was constituted by a Cabinet resolution effective 1 January 2015. 15 March 1950 is the Planning Commission's founding, 6 August 1952 the NDC's, and 1 July 2015 the launch of Digital India.Assertion (A): NITI Aayog does not allocate plan funds to the states. Reason (R): NITI Aayog was set up as a think tank to foster cooperative federalism, with fund transfers left to the Finance Ministry and the Finance Commission. Choose the correct option.
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Answer: A — Both A and R are true, and R is the correct explanation of A
Both are true and R explains A: the redesign deliberately removed the Planning Commission's allocative role, making NITI Aayog an advisory think tank.Which of the following are among the directives of the Supreme Court in Prakash Singh v. Union of India (2006)? Select all that apply.
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Answer: B — Separation of investigation from law-and-order functions; D — A State Security Commission
The seven directives include a State Security Commission and the separation of investigation from law and order. The court did not abolish the IPS or move police out of the State List, which only a constitutional amendment could do.The "epistolary jurisdiction" associated with public interest litigation refers to:
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Answer: A — Courts treating letters from citizens as writ petitions
From the late 1970s the Supreme Court began to act on letters and even postcards describing injustice, as part of relaxing locus standi. Advisory opinions come under Article 143; contempt under Articles 129 and 215.Bhoomi, an early e-governance project, computerised:
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Answer: D — Land records in Karnataka
Bhoomi computerised land records (RTCs) in Karnataka. FRIENDS was Kerala's bill-payment centre and Gyandoot the Dhar kiosk network.Which of the following protect the independence of judges of the Supreme Court? Select all that apply.
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Answer: A — Salaries charged on the Consolidated Fund of India; B — Removal only by an address of both houses passed by a special majority; C — A bar on discussing their conduct in Parliament except on a removal motion
Removal by special-majority address, charged salaries and Article 121's bar all protect judges. Judges are not appointed by a Lok Sabha vote — appointment is by the President, and in practice on the collegium's recommendation.The Police Act that remained the basic law of police administration in most of India for well over a century was enacted in which year? Type a number.
Numerical answer — type the value.
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Answer: 1861
The Police Act, 1861, passed after the revolt of 1857, created a force designed for control. The Model Police Act of 2006 was drafted to replace it, and several states have since passed their own police acts.In which case did the Supreme Court strike down the 99th Constitutional Amendment and the National Judicial Appointments Commission?
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Answer: B — The Fourth Judges case (2015)
The Supreme Court Advocates-on-Record Association case of 2015 held the NJAC unconstitutional, restoring the collegium created by the Second (1993) and Third (1998) Judges cases. The First Judges case (S. P. Gupta, 1981) had given the executive primacy.The JAM trinity that underpins Direct Benefit Transfer consists of:
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Answer: A — Jan Dhan accounts, Aadhaar and mobile numbers
JAM links bank accounts opened under Jan Dhan, Aadhaar identity and mobile numbers so that benefits can be paid directly into beneficiaries' accounts, cutting out intermediaries.Which body brings together all Chief Ministers under NITI Aayog?
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Answer: C — The Governing Council
NITI Aayog's Governing Council includes all Chief Ministers and Lieutenant Governors. The NDC belonged to the planning era, the Inter-State Council rests on Article 263, and the DMEO is NITI's evaluation wing.