White Paper on Indian States (1950)/Part 10/Procedure for exercising Supervisory Functions

by Ministry of States, Government of India

Procedure of exercising Supervisory Functions

213. In order to enable the Central Government effectively to discharge the responsibility assumed by it in respect of the Unions, the Union Governments have, on the advice of the Government of India, appointed Advisers attached ta important Departments. This procedure enables the Unions to utilise the administrative experience of the Advisers without impairing the democratic practice of making the Council of Ministers responsible for the entire administration.

Typical set-up.—The typical set-up under this arrangement is as follows, but the actual organisation in individual Unions varies with their circumstances. Senior officers of appropriate standing and administrative experience are appointed as Advisers to the Governments of the Unions. These Advisers are considered to be in the service of the Unions and are attached to the Departments of Law and Order, Integration, Revenue and Finance; they are also consulted in matters of all-India concern. All papers connected with these Departments pass through the Advisers so that the Governments of the Union may derive the full benefit of the institution. Furthermore the Advisers have the right to call for papers or information having a bearing on matters with which they are concerned. They also attend meetings of the Cabinet and express their views on questions raised in those meetings, but they exercise no right to vote. As regards any unresolved differences between the Ministers and Advisers it is expected that the Chief Minister would be able to resolve most of such difficulties. If this is not found possible the matter is referred to the Government of India.

Regional Commissioners and their functions.—Regional Commissioners have also been accredited by the Government of India to Unions of States and exercise the following functions:—

(i) They act as agents of the Government of India in respect of such matters as food and civil supplies, extradition, issue of arms licences and passports, etc. The agency functions now being performed by the Regional Commissioners will gradually disappear as the administration of the Unions approximates to that of the Provinces.

(ii) They are entitled to see any file or ask for any information, which, in their opinion, is necessary for the Government of India to discharge their responsibilities of supervision and control.

(iii) They function as Advisers to the Rajpramukhs; in particular they are in charge of the matters over which exclusive authority vests in the Rajpramukhs.

Scrutiny of legislative measures.—The Union Governments refer to the Government of India for scrutiny all important legislative measures so that such enactments may not be repugnant to Central legislation and policy.

Approval of budget estimates.—In order that the financial and economic policy of the Governments of the Unions may no conflict with that of the Government of India, the budget estimates of the Unions are referred to the Government of India before they are presented to the Legislature or are finally adopted.

Key Appointments in Unions.—For the same reason it has been considered necssary to make special arrangements for appointments to certain key posts. The Chairman and Members of the Public Service Commission are, for example, selected in consultation with the Government of India. The rules defining the scope and functions of the Public Service Commission, the procedure for recruitment and regulation of the Services and the implementation of the guarantees given to the Services under the Covenants are also to be framed in consultation with the Government of India. The Government of India are also consulted and their approval obtained in regard to appointments of Chief and Finance Secretaries and Inspectors-General of Police.

214. To quote from a Memorandum issued on the subject by the Government of India, these arrangements—

"are essentially in the nature of a transitional expedient; they should be viewed as a co-operative enterprise in which the Ministries of the Unions, the officials of the Government of India and the Services of the Unions must work together in a joint effort to promote the well-being of the Unions and the wider interests of the country as a whole."