Previous Year Questions

[2023] Discuss the contribution of civil society groups for women’s effective and meaningful participation and representation in state legislatures in India. 

[2022] Do you agree with the view that increasing dependence on donor agencies for development reduces the importance of community participation in the development process? Justify your answer. 

[2021] Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model.

[2016] In the Indian governance system, the role of non-state actors has been only marginal. Critically examine this statement.[2015] Examine critically the recent changes in the rules governing foreign funding of NGOs under the Foreign Contribution (Regulation) Act (FCRA), 1976.

Answer Writing Framework

1. INTRODUCTION
   • Definition + connecting statement
   • Context or data – Over 3 Million NGOs
   • Can also start with Quote
2. MAIN BODY
   • Diagrammatic representation to highlight its features
   • Follow TEMPORAL and STAKEHOLDER approach
     • TEMPORAL
       • Policymaking – Expertise, Data, Technology
       • Implementation – Networking, Bottoms up Approach
       • Feedback – Government accountability, social audits
       • Research
     • STAKEHOLDER
       • Government and Administration – Accountability, collaboration, Efficiency, Legitimacy
       • Citizens – Awareness, Access, Capacity Building, Participation
3. For Challenges – Structural, Institutional, Financial, Regulatory, social, security
4. Try to cover dimensions as per the demand of the question and substantiate using data and examples
5. Try to follow the BALANCED approach by providing counter-arguments or issues
6. The brief way forward using global best practices, legal reforms, and effective regulation

CONCLUSION

1. Link with democracy or highlight significance in ‘NEW GOVERNANCE’ or in GOOD GOVERNANCE

The UN Department of Public Information (DPI) defines the NGO as “a not-for-profit, voluntary citizen’s group that is organized on a local, national or international level to address issues in support of the public good.”

NGOs are legally constituted organizations, operate independently from the government and are generally considered to be/ (non-state, non-profit oriented groups who pursue purposes of public interest.” J. Mathew and J. Verghese, 2011

“NGOs contribute to building resilient societies by empowering individuals and communities, promoting civic engagement, and fostering social cohesion.” – Muhammad Yunus

Historical evolution of NGOs:

• Pre-independence: Social Welfare and constructive work (inspired by Gandhian philosophy) very much in line with the independence movement. Example- Servants of India Society, founded by Gopal Krishna Gokhale.
• 1950-70: Social Welfare, Government funded and managed. Example- Khadi Industries. Most of the development works rested with NGOs as Five Year’s development plans came into existence.
• 1970-90: NGOs started showing why government programs were not helping the poor and marginalized, and proposed a new development model, which involved people’s participation. NGOs now handle various programs like education, healthcare, water, sanitation, and more. Many of these models later influenced government policies. Example- Self-Employed Women’s Association (SEWA), founded in 1972.
• Post LPG to Present: Govt. Organisations and NGO partnerships got a boost. NGOs are now more focused on SHGs, micro-credit, and livelihoods. Participation of NGOs is ensured in policy-making and program implementation. Example – Mazdoor Kisan Shakti Sangathan (MKSS), which played a pivotal role in the RTI movement.

Types of NGOs:

Types of NGOs	Development work
Activist NGOs	Activist NGOs These serve as policy critics and watchdogs that hold the government to account. Example- Narmada Bachao Andolan.
Social Partner NGOs	Assist the government with delivery of its objectives by supplementing capacity in training, development and support. Example- Oxfam.
Research and Development NGO	These work in the areas of research, innovation and programme design. Example- Centre for Science and Environment (CSE).
Service Provider NGOs	These are normally contracted by the government to assist in the delivery of its programs. Example- Habitat for Humanity.
Humanitarian NGOs	These normally provide material or logistical assistance for humanitarian purposes like saving lives, alleviating suffering and maintaining human dignity. Example- International Rescue Committee (IRC)
Entrepreneurial NGOs	The role of these NGOs is to provide a vehicle for social entrepreneurs to operate with legitimacy. Example- Ashoka

 Constitutional and Legal Provisions:

1. Constitutional Provisions:
   1. Article 19(1)(c) on the right to form associations
   2. Article 43 – State should endeavor to promote cooperatives in rural areas
   3.  Schedule 7: Concurrent List in Entry 28 mentions Charities and charitable institutions, charitable and religious endowments, and religious institutions.
2. Legal Provisions:
   1. Foreign Contribution (Regulation) Act (FCRA), 2010: The law makes sure that those who receive foreign donations use them for their intended purpose.
   2. Indian NGOs come under 3 segments:
      • Societies: Societies have to register under The Societies Registration Act,1860.
      • Trusts: Private trusts are registered under the central government’s Indian Trusts Act, 1882, and public ones are registered under the state legislation concerned.
      • Companies: They are set up according to section 8 of the Companies Act, 2013.

Significance:

1. Policymaking: According to the Observer Research Foundation (ORF)report, NGOs were actively involved in over 70% of major policy public consultations in India between 2018-2020, showcasing their significant participation in policymaking.
2. Implementation: ASER data shows NGOs in India boosted primary school enrolment by 30% and improved learning outcomes by 15%, demonstrating their impact on education policy implementation.
3. Feedback: NGOs like the Centre for Science and Environment (CSE) in India provide crucial feedback on policy implementation, assessing environmental policies, and advocating for improvements.
4. Government Accountability: Association for Democratic Reforms (ADR) in India highlights how NGOs ensure government accountability through advocacy, litigation, and data-driven methods.
5. Administration: NGOs act as a bridge between the government and the people and serve as implementers, catalysts, and partners. Eg- Akshaya Patra Foundation in implementing Mid Day Meal scheme.
6. People participation: Their role ensures that development is inclusive, with everyone having an equal opportunity to participate. Eg- “Cloth for Work” initiative of NGO Goonj.
7. Women empowerment: Organisations like Sewa (over 2.1 million members), Sathin, Eklavya, and Disha, among many others, are recognized for their efforts in raising awareness and taking action on women’s issues as part of their development initiatives.
8. Rights advocacy and legal reforms: NGOs’ advocacy, as shown in Centre for Budget and Governance Accountability (CBGA)’s Indian study, influenced policy reforms, like amending the Forest Rights Act (2006) to strengthen forest-dweller rights, highlighting their legislative influence.
9. Developmental Functions :

Issues:

1. Organizational Issues
   • Capacity Building: NGOs often struggle with maintaining skilled staff due to low salaries and limited professional development opportunities. A survey by PayScale indicates that NGO employees in India often receive salaries lower than their counterparts in the private sector, leading to high turnover rates.
   • Impact Measurement: The lack of robust systems to evaluate the effectiveness of their work hinders NGOs’ ability to showcase their impact. According to a study by Dasra, a philanthropy foundation, only about 15% of Indian NGOs have proper impact measurement tools in place.
   • A survey by Indian Institute of Corporate Affairs (IICA) found that around 67% of small and medium-sized NGOs in India face resource challenges like limited funding, technical expertise, and infrastructure.
   • A report by the Harvard Kennedy School in 2018 highlighted governance as a critical challenge for NGOs globally, noting that weak governance structures could lead to strategic misalignment and operational inefficiencies. Eg- the majority of NGOs in India don’t have Board for governance.
2. Regulatory Issues
   • Regulatory Burdens: stricter laws like amendments to the FCRA and Prevention of Money Laundering Act, make it challenging for NGOs to access foreign funds. According to data from the Ministry of Home Affairs (MHA), over 19,000 NGOs lost their FCRA licenses between 2011 and 2020.
   • India does not have a single, complete registry for NGOs, resulting in major gaps in available data. Out of 3 million NGOs in the country, only about 175,000 of are registered on Niti Aayog’s Darpan portal.
3. Financial Issues
   • Funding Constraints: Unpredictable funding cycles and stringent donor conditions impact financial sustainability. According to the India NGO sector report by KPMG, more than 50% of NGOs face difficulties in obtaining consistent funding.
   • Over dependence on government funding curtails their ability to hold government and administration accountable.
   • Competition for Resources: There is stiff competition for limited funding, which often leads to duplicated efforts. A 2019 report by NITI Aayog noted that the high density of NGOs in certain regions leads to competition rather than collaboration, reducing overall sector efficiency.
4. Security: 
   • As per the Intelligence Bureau report, foreign-funded NGOs are acting as instruments for the foreign policy goals of Western governments. Their activism has led to reducing GDP growth by 2-3%.
   • CBI has informed that less than 10% of registered NGOs filed their audited accounts (to registrar of societies). Also, NGOs, except those substantially financed by the government, are outside the purview of the RTI Act. 
5. Lack of Transparency and Accountability: This issue affects trust among international donors. The 2018 Transparency International report highlighted concerns about corruption and mismanagement in Indian NGOs, affecting their international credibility.
6. Cultural Clash: Some people feel that NGOs interfere with long-standing traditions and cultures, which can lead to large-scale protests. For instance, the ban on Jallikattu following a court case filed by PETA is an example of this clash.

Reasons for Marginalization of Non-governmental Organisations NGOs in the developmental process

1. Resource Mobilization Theory: NGOs in India often struggle with resource constraints, which limit their operational capabilities and impact. 
2. Framing Theory: In the context of social movement theory, framing involves the construction of a social reality through language and media. Negative framing in media can lead to marginalization by reducing public trust and support.
3. Regulatory Challenges: The regulatory environment in India can be quite stringent for NGOs, particularly concerning foreign funding.  Eg- FCRA Amendment, 2020
4. Political Environment: NGOs that engage in advocacy or work on sensitive issues such as human rights, environmental protection, or land rights often find themselves at odds with government policies. This leads to political backlash, including scrutiny, restrictions, and sometimes outright hostility. Eg- Amnesty International
5. Financial Constraints: Many NGOs rely heavily on external funding, grants and donations which makes them vulnerable to financial instability.
6. Public Perception and Trust Issues:  instances of corruption and mismanagement within certain NGOs taint the overall perception of these organizations. This erodes public trust and leads to decreased support both in terms of funding and volunteer participation. Eg- Srijan NGO in Bihar
7. Competition with Government and Private Sector: NGOs often compete with government programs and private sector initiatives that have more resources at their disposal. This marginalizes smaller NGOs and reduces their impact, particularly in rural and underprivileged areas.
8. Lack of Professionalism: While many NGOs are highly professional, others may lack the organizational structure, skilled manpower, and management practices needed to be effective. This hinder their ability to deliver services and achieve their objectives.
9. Media Coverage: Limited or negative media coverage can also contribute to the marginalization of NGOs. Media plays a crucial role in shaping public opinion, and without sufficient and positive coverage, NGOs may struggle to gain the visibility needed to attract support and influence policy.

Government steps:

1. National policy on the voluntary sector-2007: This policy is a commitment to increase, enable, and empower the voluntary sector so that it can contribute to the social, cultural, and economic advancement of the people of India.
   1. Objectives:
      1. To create an enabling environment for voluntary organizations (VOs) that stimulates their enterprise and effectiveness, and safeguards their autonomy.
      2. To enable VOs to legitimately mobilize necessary financial resources from India and abroad.
      3. To identify systems by which the government may work together with VOs, based on the principle of mutual trust and respect and with shared responsibility.
      4.  To encourage VOs to adopt transparent and accountable systems of governance and management.
2. NITI Aayog has been appointed as the nodal agency for registration and accreditation of NGOs seeking funding from the Government of India. The Aayog has been also tasked with maintaining database systems to manage and disseminate information relating to NGOs.
3. Foreign Contribution Regulation Act (FCRA): It is an act of Parliament, enacted in 1976 and amended in 2010.
   1. Objective: The objective is to regulate foreign donations, and to ensure that such contributions do not adversely affect internal security.
   2. Features:
      1. Registration: Registration under the FCRA is essential for receiving foreign donations in India.
      2. Purpose: Registered NGOs can receive foreign contributions for five purposes- social, educational, religious, economy and cultural.
   3. Amendments: 2010 Amendment and 2020 Amendment. 

NGO Funding:

54% of NGOs have less than three months’ worth of reserve funds.

1. Need:
   1. Driving Local Development: Donations to NGOs contribute to local development efforts by supporting initiatives that promote community empowerment, sustainable livelihoods, and awareness-raising on social issues.
   2. Capacity Building: NGOs require funds to train staff, improve infrastructure, and upgrade technology for enhancing their operational efficiency and effectiveness.
   3. Innovation and Scaling: NGOs need investment for piloting projects, scaling up interventions, or innovating through technology to reach more beneficiaries.
   4. Sustainability: Continuous funding is key to maintaining sustainability and maintaining services even during periods of donor fatigue or economic downturn.
   5. Research and Advocacy: Funds are also needed for research to inform policies and advocacy to influence systemic change on issues like human rights, environmental protection, and policy reform.
   6. Filling Resource Gaps: With financial support, NGOs like Teach For India can bridge resource gaps in sectors like education.
   7. Supporting Rehabilitation and Disaster Response: NGOs like the Red Cross benefit from funding to provide critical support and rehabilitation post-disasters.
2. Issues:
   1. Funding Shortages: Many NGOs in India struggle with limited funds due to delays or insufficient grants from the government. They also find it challenging to raise their own share of funds to meet grant requirements.
   2. Lack of Financial Transparency: Some NGOs face issues with financial mismanagement or misuse of funds, which can damage their credibility and hinder future fundraising efforts.
   3. Dependency on External Sources: NGOs often rely on external grants and donations, leading to uncertainty and instability in funding. This dependency can hinder long-term planning and sustainability.
   4. Inequality in Funding Opportunities: There is often a disparity in funding opportunities between urban and rural NGOs, with urban organizations having better access to resources and support. This inequality can hinder the development of rural NGOs and exacerbate social disparities.

NGO and CSR:

Section 135 of the Companies Act compels profitable companies to allocate a minimum of 2% of their pre-tax net profits to development endeavors, encouraging partnerships with Non-Governmental Organisations (NGOs). This collaboration strengthens the roles of NGOs in non-state governance, promoting development through citizenry-private partnerships.

1. Benefits:
   1. Increased Funding and Resources which can be used to support and expand their projects and operations. Eg- Smile Foundation receives more than 80% of its funding from CSR support
   2. Enhanced Visibility and Credibility: Collaboration with reputable companies can increase an NGO’s visibility and lend credibility to its efforts, attracting more donations and support from other sources.
   3. Access to Expertise, Technology, and infrastructure that can significantly improve efficiency and effectiveness. Eg- NGOs Goonj has partnered with firms providing logistics and supply chain expertise, helping them streamline the distribution of resources during disaster relief efforts.
   4. CSR partnerships are often designed to be sustainable, aiming to create long-term social value rather than one-off charitable contributions. This approach helps NGOs plan and execute long-term strategies effectively. Eg- a collaboration between Godrej and WWF India 
   5. Networking and Advocacy Support: Through CSR programs, NGOs can tap into a broader network of industry leaders and influencers, which can be invaluable for advocacy and spreading their message.
   6. Employee Engagement: CSR initiatives often encourage employee involvement through volunteering, which can provide NGOs with additional manpower and expertise and raise awareness.
2. Issues:
   1. The new CSR rules provide for strict compliance measures and the requirement that assets acquired through CSR initiatives be transferred to a third-party NGO or the beneficiaries within six months. This has led to concerns among companies that lack their own CSR foundations and rely on partnerships with NGOs to carry out their CSR activities
   2. Regulatory compliances: The focus of CSR funders is primarily on meeting regulatory requirements due to amendments in the CSR law in 2021, which now includes penalties for non-compliance.
   3. Shifting Responsibilities: 90% of CSR entities, predominantly small and unlisted companies, often defer CSR funding decisions to board members rather than creating dedicated committees.
   4. Misalignment of Goals: Sometimes, the objectives of corporations and NGOs do not align, leading to conflicts or ineffective partnerships where the projects do not fully support the NGO’s mission or community needs.
   5. Dependency and Sustainability: Reliance on CSR funding can make NGOs vulnerable to fluctuations in corporate profits or changes in corporate strategy, which may lead to sudden reductions in funding.
   6. Short-term Engagement: Corporations may engage with NGOs on a short-term basis, seeking quick results for public relations benefits rather than committing to long-term impact, which can undermine sustainable development efforts.
   7. Bureaucratic Overhead: Securing and reporting CSR funds can be cumbersome and bureaucratic, requiring NGOs to divert significant resources away from their core activities to comply with corporate requirements

Role of donor organisations:

A donor organization is an entity, either governmental or non-governmental, that offers financial or material assistance for charitable, developmental, or humanitarian causes.

1. Positives:
   1. Modernization Theory: donor agencies help underdeveloped countries progress by providing the necessary capital and knowledge.
   2. Neoliberal Institutionalism: donor agencies play an important role in creating a global structure that encourages cooperation and coordination between states. Donor agencies, under this framework, help establish norms and practices. Eg- The Global Fund to Fight AIDS, Tuberculosis, and Malaria
   3. Public Goods Theory: donor agencies contribute to the provision of global public goods, such as environmental sustainability, public health, and peace. Eg- the role of the World Health Organization (WHO), supported by various national and international donor agencies, in managing the COVID-19 pandemic
2. Negatives:
   1. Dominant top-down approach: Development programs driven by donors often impose a top-down approach, where external organizations dictate priorities and goals instead of considering local needs and perspectives.
   2. External interference: Relying heavily on donor funding diminishes the ability to negotiate and involve communities due to the conditions imposed by donors.
   3. Elite capture of NGOs: Some NGOs end up serving as platforms for individual glorification rather than focusing on community welfare.
   4. Fund mismanagement: There are instances of misusing foreign funds obtained through FCRA by certain NGOs.
   5. Erosion of state responsibility: The increasing reliance on donor support for social welfare initiatives undermines the constitutional responsibility of states as outlined in the Directive Principles of State Policy.
   6. Dependency Theory: Dependency theory suggests that international aid, including that provided by donor agencies, can create a cycle of dependency among recipient nations. The aid leads to reliance on foreign funds rather than fostering domestic growth and self-sufficiency.
   7. Humanitarian Imperialism: aid is used as a tool for extending the influence and control over recipient countries. 

FCRA(Amendment) 2020:

1. Facts: This amendment introduced following changes:
   1. Reduction in use of foreign contributions for administrative purposes: NGOs can only use 20% (earlier 50%) of funds for administrative requirements.
   2. Transfer of foreign contribution: The amendment prohibits the transfer of foreign contributions to any other person and also forbids sub-granting by NGOs to smaller NGOs.
   3. Public servants: It adds public servants to the prohibition list for receiving foreign contributions.
   4. FCRA account restrictions: FCRA accounts can only be opened in a designated branch of SBI in New Delhi.
   5. Aadhaar card usage: Aadhaar card details of all functionaries and office bearers are mandatory for the registration of NGOs.
2. Rationale:
   1. Monitor the misuse of funds and strengthen compliance mechanisms.
   2. Enhance transparency and prevent misappropriation and mis-utilization of foreign contributions.
   3. To curb illicit financial activities such as terror financing and money laundering.
   4. Root out NGOs that are working against internal security and national interest.
3. Issues associated with the recent amendments:
   1. Against constitutional rights: This amendment infringes over constitutionally guaranteed rights to free speech [19(1)(a)] and freedom of association [19(1)(c)].
   2. Cap on administrative expenses: A 20% cap on administrative expenses can limit the recruitment of experts and talented human resources and curtail the efficient functioning of NGOs.
   3. Impact collaborative work among NGOs in different sectors: NGOs will no longer be able to transfer foreign funds to small NGOs working at a grassroots level.
   4. Impact on geographical reach of NGOs: The restriction on the transfer of foreign contributions may also need to decline in the geographical reach of NGOs.
   5. Incompatible with international laws: The UNHRC resolution on protecting human rights says that no law should criminalize or delegitimize activities in defense of human rights on account of the origin of funding.
   6. An additional cost of compliance: Around 93% of FCRA NGOs registered outside Delhi, and they now have to open a bank account in the capital.
   7. Over-regulation of NGOs: Over-regulation would result in a decrease in foreign donations, leading to the closing down of NGOs. Eg- Amnesty International India had to halt its operations due to the freezing of its bank accounts.

Examples of NGOs working in different sectors-

1. Health –
   1. Pratham Education Foundation: Improves healthcare access and outcomes for underserved Indian communities.
   2. Smile Foundation: Provides healthcare services to disadvantaged children and families in India.
2. Education –
   1. Akanksha Foundation: Bridges the education gap for underprivileged children in India.
   2. Teach For India: Ensures educational equity and access for all Indian children through teacher recruitment and training.
3. Legal Reforms –
   1. Common Cause India: Advocate for transparency and good governance through legal reforms.
   2. Human Rights Law Network (HRLN): Provide legal aid and advocacy for marginalized communities.
4. Electoral Reforms –
   1. Association for Democratic Reforms (ADR): Focuses on electoral reforms, transparency, and accountability in the Indian political system.
   2. National Election Watch (NEW): A coalition of NGOs working to improve electoral processes and governance in India.
5. Skilling –
   1. National Skill Development Corporation (NSDC): Enhance employability through skill development programs.
   2. Nirmaan Organization: Empower youth with skills for sustainable livelihoods.
6. Women Empowerment –
   1. Self-Employed Women’s Association (SEWA): Empower women in the informal sector through collective action (SEWA has over 2.1 million members).
   2.  Breakthrough: Promote gender equality and combat violence against women.
7. Rural Development –
   1. PRADAN (Professional Assistance for Development Action): Focuses on sustainable rural development through capacity building.
   2. Gram Vikas: Improve rural livelihoods and access to basic amenities.
8. Environment –
   1. World Wide Fund for Nature (WWF): Works to conserve nature, reduce human impact on the environment, and promote sustainable practices globally.
   2. Greenpeace India: Campaign for ecological conservation and sustainable development.
9. Child Rights –
   1. CRY (Child Rights and You): Ensure the rights and well-being of children in India.
   2. Save the Children India: Protect children from exploitation and provide education and healthcare.
10. Tribals –
    1. Vanashakti: advocates for tribal rights, environmental conservation, and sustainable development in India, emphasizing land and forest protection.
    2. Vanavasi Kalyan Ashram: Work for the welfare and development of tribal communities.
11. Transgenders and LGBTQ –
    1. Naz Foundation: Advocate for LGBTQ rights and inclusivity.
    2. Humsafar Trust: Provide support and advocacy for the LGBTQ community.
12. Minorities –
    1. United Christian Forum (UCF): Advocates for Christian minority rights in India.
    2. Maulana Azad Education Foundation: Empowers Indian minorities, especially Muslims, through education.

Way forward:

1. 2nd ARC: The government should take the initiative to enact a law to set up an independent National Accreditation Council- to provide for the system of accreditation of voluntary organizations that seek funding from government agencies.
2. Vijay Kumar Committee Recommendations:  ‘Light regulation’ of NGO
   1. Nodal body: To oversee the various interfaces between NGOs and government and the NITI Aayog be vested with the power.
   2.  Less physical interface: Between NGOs and public officials acting under the IT Act and FCRA, along with reduction in mutual distrust and scope for misuse.
   3.  A separate law for voluntary agencies: This would enable effective and efficient regulation of voluntary agencies, engaging in activities of a charitable or “public good” nature.
3. Greater coordination between the Ministry of Finance and MHA in monitoring and regulating illicit and unaccounted funds.
4. Establishing a governing board enhances NGO governance, and through capacity building and training, NGOs can develop essential skills internally to effectively tackle future challenges.

Conclusion:

NGOs are “integral cogs in the wheel of good governance”. A balanced partnership between genuine NGOs and the government is crucial for India’s progress. This involves curbing lawbreakers while supporting legitimate NGOs and upholding transparency, accountability, sovereignty, and integrity alongside respecting their rights and contributions. Such collaboration can drive proactive and effective development at all levels.