The Cabinet Ministers (not State Ministers) are responsible for policy decisions in a Ministry
27 Oct, 2013To,
All the Authorities Functional within
The Territory of India
Sir,
*DEALING WITH POLICY MATTERS*
I would like to draw your pointed attention to the selected excerpts from Central Secretariat Manual of Procedure in vogue as under: -
Application of methods and procedures in organizations dates back to early civilization. The procedures prescribed in this Manual, attempt to balance the conflicting considerations of speed and propriety. Every rule and step in the procedure must serve a definite purpose. A well designed procedure serves as a standing order, a means to coordinating effort, a tool of communication, and a basis for performance measurement and appraisal.
PARA
3. *The Council of Ministers *-
(1) In the exercise of his functions, the President is aided and advised by a Council of Ministers headed by the Prime Minister. In actual practice the executive power of the Union resides in the Council of Ministers.
(2) The Council of Ministers consists of three categories of Ministers, namely:
(a) Cabinet Ministers;
(b) Ministers of State; and
(c) Deputy Ministers.
(3) The Cabinet, which consists of Ministers of the first category only, is responsible for shaping the overall policies of the Government in discharging its responsibilities. It sometimes functions through its Committees.
PARA
5. *Department *-
(1) A department is responsible for formulation of policies of the government in relation to business allocated to it and also for the execution and review of those policies.
(2) For the efficient disposal of business allotted to it, a department is divided into wings, divisions, branches and sections.
(3) A department is normally headed by a secretary to the Government of India who acts as the administrative head of the department and principal adviser of the Minister on all matters of policy and administration within the department.
It is very clear from the above text that the Cabinet Ministers (Not State Ministers) are responsible for policy decisions in a department/ Ministry, and only they are exclusively authorized to consider a public petition requiring any change in Policy Matter. But it has been observed that not only Secretaries but Joint Secretaries are overstepping and exceeding their authority, and misadventuring deciding petitions involving policy matter which is a scurrilous attack on the very fiber of Democracy. Therefore please ensure that no matter involving policy be finalised without consent of a Cabinet Minister hence forth because even the State Ministers have no say in Policy Matters.
Please apprise me of the action taken by you in this behalf per return of email.
Thanking you in anticipation.
Yours sincerely
Mani Ram Sharma
Chairman, Indian National Bar Association, Churu- Chapter