Suggested Improvements to

The Right of Citizens for Time Bound Delivery of

Goods and Services and Redressal of their Grievances
Bill, 2011
(Bill No. 131 of 2011)
Submission to
Department Related arliamentar! Standing
"ommittee on ersonnel# ubli$ %rievan$es# &a' and (usti$e
B!
Dr Jayaprakash Narayan
)oundation for Demo$rati$ Reforms * &+, S-..-
8
th
February 2012
Flat No. 801 & 806, Srinivasa Towers, Beside ITC Kakatiya Hotel, Be!"#et,
Hydera$ad % &00016' Tel( )1*+0*,-+1))+)' .a/( ,-+1))+8
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we$( 0tt#(11www..drindia.or' dr2#loksatta3"ail.4o"
The %nion Government has introduced the Right to Citizens for Time Bound Delivery
of Goods and Services and Redressal of their Grievances Bill, 2011 &hereafter referred to as
'this Bill()* This Bill com+lements the !o,+al and !o,ayu,ta Bill 2011* Together they have
the +otential to result in drastic im+rovements in the +rocess of governance in this nation*
-n the +rocess of e.amining the /ill, 0e ado+ted a /roader a++roach in terms of
ensuring an efficient and effective service delivery to the +u/lic, rather than merely
e.amining this /ill for im+rovements* This a++roach calls for integrating the interface of
citizens and the state to the e.tent feasi/le and ma,ing this interface as efficient as +ossi/le*
-n this conte.t, t/e prime re$ommendation 'e propose in t/is report is t/at t/e
frame'or0 for t/is bill and Rig/t to Information -$t# 2001 be integrated and t/e 0e!
provisions in 2./e 3le$troni$ Deliver! of Servi$es Bill# 20114 be appended to t/is bill so
as to $reate a simple# !et integrated bill for an effe$tive and effi$ient deliver! of publi$
servi$es. $s a result, a fe0 +rovisions of Right to -nformation $ct 0ould have to /e amended
and the 1lectronic Delivery of Services &1DS) Bill could /e re+ealed* The follo0ing +oints
+resent our recommendations in detail*
1 S"+3 +) .53 BI&&
1*1 The /ill restricts the sco+e of legal entitlement to Citizens only* 2o0ever, there are a
num/er of organizations, namely non3governmental organizations, com+anies, and
even government organizations that 0ould re4uire goods and services from other
service +roviders in the government or organizations authorized /y the government*
./erefore# 'e re$ommend t/at t/e s$ope of t/is Bill be enlarged to $iti6ens and
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organi6ations. S+ecifically 0e recommend that
1*1*1 $ny reference made to 'citizen&s)6+erson&s)( including the title of the /ill /e re+laced
0ith 'citizen6+erson&s) or organization&s)*( $ll recommendations made here after in
this re+ort referring to citizens are e4ually a++lica/le to organizations*
1*1*2 $n additional definition of com+lainant /e added /efore 2 &f), /y stating that
com+lainant shall refer to a +erson or an organization 0ho has filed a com+laint*
1*1*7 This /ill should have e.+licit +rovisions mandating the a++ro+riate +u/lic authorities
to +u/lish charters related to industries6com+anies for services li,e sales ta.
registration etc*
1*2 The /ill /y the stated definitions of com+laint and citizens charter cover a 0ide range
of canvas, 0hich the Grievance Redressal 8echanism 0ill not /e a/le to co+e u+ 0ith*
The 'com+laint( is defined as 'a complaint filed by a citizen regarding any grievance
relating to, or arising out of, any failure in the delivery of goods or rendering of
service pursuant to the Citizens Charter, or in the functioning of a public authority, or
any violation of any law, policy, programme, order or scheme but does not include
grievance relating to the service matters of a public servant whether serving or
retired(* Similarly 'citizens charter( means a 'document declaring the functioning,
obligation, duties, commitments of a public authority for providing goods and services
effectively and efficiently with acceptable levels of standards, time limits and
designation of public servants for delivery and grievance redress as defined in sub-
section (1) of section 4.( These definitions ma,e the +rocess of time3/ound grievance
redressal 4uite un0ieldy and therefore 0e recommend s+ecific definitions and
corres+onding grievance redressal mechanism at the field level as follo0s9
1*2*1 The definition of com+laint to /e modified to 'a complaint filed by a citizen or an
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organization regarding any grievance relating to, or arising out of, any failure in the
delivery of goods or rendering of service pursuant to the Citizens Charter, or any
violation of any law, rules or order relating to the corresponding public authority but
does not include grievance relating to the service matters of a public servant whether
serving or retired.(
1*2*2 The definition of citizens charters as 0ell as the descri+tion of citizens charters in
Section : shall reflect the follo0ing9
1*2*2*1 Citizens charters shall /e s+ecified only for those goods and services 0here i) there is
a universal coverage ii) there are no ca+acity constraints in the +u/lic authority and
iii) there are no su++ly constraints for delivery of the goods and services*
1*2*2*2 $ll fee +aying services shall mandatorily form +art of the citizens charters*
1*2*2*7 The form of the citizens charters shall s+ecify the follo0ing9 i) service6good, ii) the
official res+onsi/le for delivery it, iii) the +rocess /y 0hich a citizen or an
organization has to a++ly for it and the conditions to /e fulfilled /y the a++licants,
iv) the timeline /y 0hich the a++licant 0ill /e +rovided, v) 4uality standards of the
good6service*
1*2*7 The 70 day timeline /y 0hich the Grievance Redressal "fficers shall resolve the
com+laints s+ecified in Section ; of this /ill shall /e modified as follo0s9 i) 7 days in
the case of com+laints 0hich have no su++ly constraints, e*g*, issue of a /irth
certificate, ii) 1< days in the case of com+laints related to +hysical 0or,s, e*g*,
+rovision of 0ater connection, and iii) =0 days in the case of com+laints related to
violation of any la0 or rules or order*
1*7 The section ; of this /ill shall also mandate the Grievance Redressal "fficers shall /e
mandated to acce+t com+laints and direct them to a++ro+riate Grievance Redressal
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"fficers, in case the com+laint does not relate to the +u/lic authority 0here it is
su/mitted*
2 DR-8IN% S9N3R%I3S B3.833N R.I -". -ND .5IS BI&&
1.7 8e re$ommend t/at t/e frame'or0 of t/is bill be integrated 'it/ t/at of t/e R.I
-$t for t/e follo'ing reasons:
1*:*1 The frame0or,s ado+ted /y this /ill and the RT- $ct are almost similar* The RT- $ct
has a 5u/lic -nformation "fficer &5-"), an a++ellate authority for a++eals against the
orders of the 5-" and the -nformation Commission as the second a++ellate authority*
Similarly, this /ill has a Grievance Redress "fficer &GR"), a designate authority as
the first a++ellate authority and the Grievance Redressal Commission as the second
a++ellate authority*
1*:*2 undamentally, the notion of 'information( and 'grievance( are interchangea/le for
all +ractical +ur+oses to fulfill the goals of grievance redressal* This is reflected /y the
fact that citizens are increasingly using the RT- $ct to redress their grievances /y
as,ing the information related to the status of their re4uest* -deally this should /e
dealt 0ith, in accordance 0ith the Grievance Redressal 8echanism* -t is not
inconceiva/le that citizens 0ould in the future use grievance redressal for not
+roviding information and accordingly a++roach RT- authorities for grievance
redressal and at the same time a++roach the grievance redressal for RT- 4ueries* Thus,
0ith these t0o acts, there could /e am+le confusion for the citizens in e.ercising their
rights*
1*:*7 Therefore, in the +rocess of im+roving the interface /et0een citizens and the state, in
order to reduce the hassles to the citizenry, sim+lify the administrative a++aratus /y
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decreasing layers of /ureaucracy and reduce du+lication and cross a++lication of RT-
and this /ill, 0e strongly recommend the integration of this Bill in the light of the RT-
$ct frame0or,*
1.1 ./is s!nerg! bet'een t/e R.I -$t and t/is bill $ould be organi6ed in t/e follo'ing
manner:
1*<*1 The -nformation Commission and Grievance Redressal Commission &GRC) shall /e
the same a++ointed /y the manner s+ecified in this Bill, as it has im+roved the
selection +rocess /y /roadening the selection committee to >udiciary, as o++osed to
merely the +olitical class in RT- $ct* $ suita/le title, including one dra0ing from
these t0o titles could /e ado+ted for a single commission for /oth these +ur+oses*
1*<*2 The designated authority referred to this /ill shall /e a++ointed /y the +u/lic authority
in district6su/3district6city6/loc, level, as it deems fit to act as the first a++ellate
authority for com+laints against the Grievance Redressal "fficers* The same
designate authority could also /e the first a++ellate authority for com+laints against
the 5u/lic -nformation "fficers, as a++ro+riate*
1*<*7 The Grievance Redressal "fficers and 5u/lic -nformation "fficers 0ill stay
inde+endent or /e integrated as the a++ro+riate +u/lic authority deems fit*
1.; ./e integration of t/e operative frame'or0s $an be designed in t/e follo'ing
manner:
1*=*1 The '2ead of the De+artment( in Section < of this /ill is made res+onsi/le for
disseminating the information on citizens? charters* This /ill also has a +rovision,
0herein a citizen is allo0ed to a++eal to the GRC, if the citizens? charters are not
+u/lished* 2o0ever, there are no +rovisions for +enalties for lac, of dissemination of
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the citizens? charters* There is a similar +rovision in Section : of the RT- $ct 0herein
the +u/lic authority has to +rovide timely information of the details +rovided* There
are 0ides+read com+laints that this information dissemination is not timely and
inade4uate and the citizens are com+elled to use RT- +rovisions for see,ing
information, des+ite /eing entitled to the same free of cost or effort* -n vie0 of this,
0e recommend that the '2ead of De+artment( as mentioned in Section < of this /ill
/e made res+onsi/le for dissemination of the citizens? charters as 0ell as the
information to /e disseminated /y Section : of RT-*
1*=*2 @e also recommend that any com+laint filed against non3+rovision of this
information in Section < of this Bill or Section : of the RT- $ct shall /e deemed to /e
a valid com+laint under this Bill* Such com+laints shall /e made only to the
GDC6designated authority, 0hich shall have the +o0er to im+ose +enalty on the
'2ead of the De+artment(, as the case may /e*
1*=*7 The +rovisions for +enalty in this /ill are very 0ea,, as com+ared to the +rovisions for
+enalty in RT- $ct* Therefore, 0e recommend that the 0ords 'may im+ose +enalty(
in this /ill /e re+laced 0ith 'shall im+ose +enalty(* urther the +rovisions in Section
:<&1) of this $ct should /e amended in accordance 0ith the Section 20&1) of the RT-
$ct, 0herein the 'Commission shall im+ose a +enalty of t0o hundred and fifty ru+ees
each day till the grievance is addressed, so ho0ever, the total amount of such +enalty
shall not e.ceed t0enty3five thousand ru+ees* $s these +enalty +rovisions are only for
mala fide action, these +rovisions are >ustified in this /ill as 0ell* The ma.imum sum
of +enalty should /e revised from time to time, say once in every < years*
1*=*: $t the same time, the com+ensation to the aggrieved com+lainant in this /ill also
should al0ays /e +rovided* -f the com+ensation is not made mandatory, there could
/e a large num/er of +oor +eo+le 0ho might not /e 0illing to /ear the additional costs
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to get their grievances addressed des+ite they /eing entitled to the +u/lic services*
urther, 0hen the needy cannot derive /enefits out of this legislation, it 0ould /e
defeating the very +ur+ose of the enactment of this /ill*
3 IN.3%R-.I+N +) 3DS BI&& -ND .5IS BI&&
1*A The Government of -ndia has introduced the 1DS Bill 0ith an a++recia/le intention of
ensuring an efficient delivery of services* 2o0ever, the mechanism +ro+osed in the
/ill merely enhances additional layers of /ureaucracy 0ithout commensurate /enefits to
the +u/lic* Besides, many states have already develo+ed some form of electronic
delivery of services li,e e3seva in $ndhra 5radesh* -f 1DS Bill creates institutions that
have su+ervision merely electronic delivery in addition to those in Grievance Redressal
Bill, it is /ound to cause confusion*
1*B The cru. of the 1DS Bill is that there 0ould /e 1lectronic Service Delivery
Commissions at the Central and State !evels 0ho 0ould monitor the +rovision of
electronic services /eing +rovided /y the governments at the res+ective levels* @hile
the /ill ma,es it mandatory for the governments to +u/lish the list of electronic services
in 1B0 days and im+lement them in <3B years from the commencement of the 1DS $ct,
the final discretion of 0hich service shall /e availa/le electronically rests 0ith the
res+ective governments* $lthough it a++ears that this discretion defeats the very
+ur+ose of the /ill, the ca+acity of electronic delivery of services 0ith the government
is a determinant of multi+le factors li,e finances, soft0are availa/ility, availa/ility of
ade4uate trained +ersonnel etc and therefore this +olicy discretion is >ustified* Given
this conte.t, 'e re$ommend t/e follo'ing $/anges to t/e %rievan$e Redressal Bill
'/i$/ 'ill fulfill t/e ob=e$tives of t/e 3DS Bill as 'ell# !et 'it/ a simpler
institutional stru$ture:
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1*B*1 The Grievance Redressal Commission &GRC) shall also underta,e the functions
intended /y 1DS Bill for the 1lectronic Service Delivery Commission, as mentioned
in Section 2: of the 1DS Bill* This integration reduces /ureaucratic layers as 0ell as
smoothens the +rocess of administration of grievance redressal* $fter all, it is the very
services that are covered under this Bill that ta,e electronic form of delivery over
time* The time +eriod mentioned in the citizens? charters therefore, 0ill >ust /e a
function of the technology and ca+acity availa/le 0ith the res+ective governments*
1*B*2 The GRC is already res+onsi/le for ensuring that citizens? charters are +u/lished*
$++ending a fe0 +rovisions of the 1DS Bill to this Bill could enlarge this
res+onsi/ility to fulfill the o/>ectives of the 1DS Bill* GRC shall ma,e
recommendations on the electronic delivery of services annually, and the res+ective
governments shall im+lement these recommendations or +rovide in 0riting, the
reasons for ina/ility to im+lement the electronic form of delivery* Similarly, 0here
feasi/le, GRC shall give a++ro+riate directions to the +u/lic authority to offer
multi+le services through a single 0indo0 +latform*
1*B*7 -n addition, the /ill should have +rovisions for +re+aring an annual re+ort to /e ta/led
in the legislatures, 0hich are currently a/sent for GRC in the lines of Section 2< in
1DS Bill* These +rovisions are com+rehensive enough and could /e analogously
+rovided for the non3electronic +u/lic services as 0ell* These could su++lement the
+rovisions in Section := of Grievance Redressal Bill* The cases 0here the
government e.+resses ina/ility to ado+t electronic form of service delivery shall /e
s+ecifically recorded in the annual re+ort*
1*B*: -n sum, the +rovisions for recommendations to the government, and su/se4uent
recording of reasons for ina/ility of government to ado+t the GRC?s
recommendations com+rehensively fulfill the o/>ectives of the 1DS Bill*
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1.? ./e ot/er provisions t/at are uni@ue to t/e frame'or0 of t/e 3DS Bill '/i$/
needs to be broug/t into t/is bills are:
1*;*1 $s mentioned in Section < of 1DS Bill, the +o0er to s+ecify the '1lectronic
Governance Standards( is given to the Central Government, 0hich shall override the
standards of State Government 0hen s+ecified* This +rovision is included for
ensuring inter3o+era/ility, harmonization, and security of electronic services*
2o0ever, it should /e noted that this +rocess should have /een already underta,en to
fulfill the stated o/>ectives* @hen no standards are s+ecified, state governments
0ould ta,e the freedom to em+loy soft0ares de+ending on the /est services they can
/uy in the mar,et* "nce a certain soft0are is ado+ted for a service, there are huge
transaction costs in e.+orting the data from one format to the other* -n vie0 of this,
0e recommend that the Bill ma,e it mandatory for the Central Government to s+ecify
these standards at the earliest, +refera/ly in the ne.t si. months*
1*;*2 The 1DS Bill also has +rovisions for 'assisted access( for citizens to access electronic
services, 0hich can /e im+orted into this Bill*
1*10 These amendments to this Bill 0ill suffice in ensuring that the o/>ectives of 1DS Bill
are met, yet at the same time, offer an effective and efficient interface for the citizens to
address their grievances*
7 R38-RD )+R +A.S.-NDIN% S3RBI"3 D3&IB3R9
1*11 This Bill has +rovisions for +enalties 0hen the res+ective officials do not discharge
their duties as s+ecified in the citizens? charters* @hile +enalties are im+ortant as an
instrument to drive +erformance, it is only >ust that there is an analogous incentive
structure for /etter delivery of services* ./erefore# 'e re$ommend t/at t/e Bill /ave
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provisions '/i$/ 'ill ma0e it mandator! for t/e respe$tive governments to design
a re'ard s$/eme for best performing publi$ aut/orities and t/e personnel 'it/in.
1*12 The resources for the financial incentives shall come from the +enalties in a +articular
geogra+hic unit as 0ell as a s+ecified +ercentage of the fee collected /y the +u/lic
authorities in that geogra+hic unit* The res+ective governments shall frame the rules, /y
0hich the financial incentives shall /e offered* Such a re0ard scheme 0ould develo+ a
+rocess 0hich +u/lic +olicy theorists called 'yardstic, com+etition(* This com+etition
0ill eventually enhance the 4uality of +u/lic services delivered in the nation*
1 "+N"&ASI+N
2istory has taught us the sim+lification of administration in the economic realm has
enhanced the efficiency of the economy* 2o0ever, it has /een a trend off late that a tem+late
of Cational Commission and analogous State Commissions are created for every additional
+rocess in governance, 0hich is only enhancing the com+le.ity of the +u/lic administration
in our country* This Bill has +rovided an o++ortunity to reflect /ac, and design a streamlined
+rocess of administration* Therefore, 0e strongly urge this Standing Committee to ta,e this
o++ortunity and +rovide an efficient and effective +u/lic service delivery to the citizenry of
this great nation*
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