Workshop on preparation of Cabinet Notes

CABINET SECRETARIAT WELCOMES PARTICIPANTS TO THE Workshop on preparation of Cabinet Notes http://cabsec.nic.in

Concerns Serious Concerns at highest levels in view of: • Deficiencies in Notes • RTI Provisions

Why you? • Key resource person of a movement to address quality concerns • Improving the service delivery through better notes

Aim of this workshop • Familiarise participants with relevant procedures/instructions • Minimize deficiencies in Cabinet notes • Create awareness for preparing better quality Cabinet notes • Provide clarifications

Expected Outcomes Participants are expected to: • acquire better understanding of relevant procedures • Minimize procedural errors in notes • Qualitative improvement in Cabinet notes • Reduce time for finalizing notes • Be the change agents

We would look at • Competence /jurisdiction- Government of India/Department • Domain - Cabinet/Cabinet Committees/President/ Prime Minister • Physical presentation including two Appendices • Content of the note • Model Code of Conduct for political parties and candidates • Inter-Ministerial Consultations/appraisal • Approval paragraph/Minister’s approval/Minister of Finance’s approval / Consultation with PMO • Press Briefs • Forwarding Cabinet notes

Subject matter concerns the Government of India exclusively (Union or Concurrent List) Competence of the Central Government • Consultations with the State Governments / their concurrence in cases where : • Subject is in Concurrent List; • Subject is in State List; but uniformity is required; and • Subject is in Union List, but where part of the expenditure has to be borne by the State Government

Competence of the Department to consider the matter. • Have the requisite inter-ministerial consultations been held in the latter case? • Does the subject matter concern the Department, in terms of the Government of India (Allocation of Business) Rules, 1961? OR is there some other Department better placed to handle it ? • If yes, does it also impact the business of other Ministries/ Departments?

Does the proposal come within the mandate of the Cabinet/Cabinet Committee or is it required to be disposed by some other competent authority in terms of various schedules of the Government of India (Transaction of Business) Rules, 1961? Competence of the Cabinet/Cabinet Committee. The First Schedule – Business of Cabinet Committees The Second Schedule – Business entrusted to the Cabinet The Third Schedule – Business requiring disposal at Prime Minister’s/President’s level.

You have decided that : • The Government of India has the jurisdiction; and • your Department is mandated to do the job and prepared the note accordingly- then go to the next page Physical Presentation of the note

CHECK: • Whether the name of the Ministry, security grading, page number, file number etc. are correctly indicated on each page of the note • That bullets have not been used in the note and each paragraph or sub-paragraph is distinctly numbered • Abbreviations referred to in the note have been expanded for the first time • Date of the note has been given on the front page of the note and is it the same as given by the officer signing the Note • That the note has been typed in double space on A-4 size paper with font size of 12-14 (Arial) • 1.5 inch left margin has been left • ‘Back to back’ printing has been done • The notes have not been bound spirally or otherwise - it should be stapled only once on the left hand corner • Continued….

ALSO CHECK: • Whether the note is too long or unwieldy- prescribed length being 7-8 pages. If yes, cut the size • Whether Annexures have any notings in the margin or are Annexures not legible, partly, or fully. If yes, have they been replaced with legible copies without any notings in the margin • Remove unrelated Annexures/ papers including previous notes for the Cabinet/Cabinet Committees • Only relevant extracts / minutes of previously considered notes attached • Annexures within Annexures distinctly numbered to avoid confusion? • Minutes of the CoS/EFC/PIB, etc been duly referred to and attached

Also ensure: • Copies of the Reports / Acts / Orders etc. referred to in the note are attached with the note or forwarded to the Cabinet Secretariat • Proposed Agreement with any foreign Governments vetted by Legal & Treaties Division of the Ministry of External Affairs, • In cases, where such Agreements also affect our domestic laws, the draft has been vetted by the Ministry of Law and Justice • Note signed by the competent officer • Date and telephone number indicated • Minutes of GoM / EGoM has been attached with the note

Check whether : • Subject considered previously by the Cabinet/Cabinet Committee • Facts/details regarding previous consideration including date of such consideration mentioned in the note • Copies of the minutes/approval accorded attached with the Note or reproduced in the note • Financial implications worked out correctly and reflected in the note • Quality of the language used clear and unambiguous • All pages numbered and arranged sequentially • Difference between ‘Deferred’ and ‘Postponed’ Content of the note

Check whether these are : • Attached immediately after the main note and marked as Appendix I & II and are in the prescribed format • Appendix-I is in conformity with the approval paragraph. • Signed by the competent officer • Fact regarding Statements having been attached with the note appropriately mentioned in the body of the note Statements of Implementation Schedule and Equity, innovation and public accountability.

Gist of the Decision Required Projected Benefits Time-Frame and Manner of Implementation APPENDIX-I (Refer paragraph -- ) Statement of Implementation Schedule Subject : Subject: (PQR ) Joint Secretary to the Government of India Tel. No. 1111111 Page No. of SECRET

SECRET No.----- Ministry of ----- APPENDIX-II (Refer paragraph --) STATEMENT OF EQUITY, PUBLIC ACCOUNTABILITY AND INNOVATION Subject: Signature ------- Name Joint Secretary to the Government of India Telephone no. Page no. SECRET

Note finalised. Check : applicability of the Model Code of Conduct (concerning elections) for political parties Proposal affected by the code Concurrence of the Election Commission of India Better to err on the safer side Applicability of Model Code of Conduct relating to Elections

Business of any other Department(s) impacted • If so, have they been consulted or their concurrence obtained? • Proposal with financial implications beyond the authority delegated to the Ministry/ Department, consultation with Ministry of Finance • Present delegation and the proposed delegation • Vetting by Ministry of Law (Department of Legal Affairs and the Legislative Department, as applicable) of draft legislations, rules and orders and important contracts • Continued….. Inter-Ministerial consultations.

Prior concurrence of / Consultation with the Nodal Departments • Proposals concerning Ministry of Finance relating to creation of posts, strength of a service / pay or allowances of Government servants or to any other conditions of their service - DoPT consulted • Respective nodal Departments consulted (Ministry of Finance, Department of Personnel & Training, Ministry of External Affairs, Ministry of Law and Justice

Consultation with or approval of Planning Commission required. • Appraisal by appraisal bodies. • Note sent within three months from the date of clearance of the appraising body • Delay condoned by the competent authority • Recommendations of the appraising body not proposed to be accepted - has it been circulated to the concerned Ministries, their comments / concurrence obtained

Consultation with Ministries such as Panchayati Raj, Women and Child Development, Social Justice & Empowerment, Tribal Affairs, DONER • Note sent to the Prime Minister’s Office (PMO) at draft stage and comments awaited for 15 days? • Approval of the Minister of Finance where financial implications are involved Continued….

Names of the Ministries/Departments correctly written as per the Government of India (Allocation of Business) Rules, 1961? • Copies of Note sent to differing Ministries and the fact mentioned in the body of the Note and reconfirmed in the forwarding Memo • Centre-State relations - Consultations with State Governments / their concurrence obtained • Views of the consulted Ministries reflected in the main body of the note at least in brief and reproduced verbatim in the Annex in a tabular format along with the counter-comments of the sponsoring ministry Continued….

Consultation with National Manufacturing Competitiveness Council in cases concerning manufacturing sector • PMO’s views, duly factored in, while finalizing the Note and in cases, where their views are not being accepted counter views of the sponsoring Ministry/Department mentioned in the forwarding Memo • Copy of the final note endorsed to PMO • Avoid a reference to the views of PMO/Cabinet Secretariat • Consultations with National Security Council Secretariat in matters relating to national security Continued….

In cases presentations made before the PM/Cabinet/Cabinet Committees prior to the note being submitted for consideration of the Cabinet/Cabinet Committees: (i) Issues concerning policy without financial implications to be processed in accordance with the directions during the course of such presentations (ii) Approval sought for commencement of the schemes, programmes etc. having budgetary implications/financial outgo, the prescribed procedure for EFC/PIB/Planning Commission approval(s) and necessary inter-ministerial consultations to be followed • Proposals in the note are the same as those circulated to Ministries/Departments • If there is substantial change in the original proposals, re-circulate for inter-ministerial consultations

Ensure that : • Approval paragraph is self-contained, brief and does not include any facts/ details on which approval of the Cabinet/Cabinet Committee is not required • Do not combine approval paragraph with any other matter Approval Paragraph

Approval of the Minister-in-charge taken for placing the note before the Cabinet/Cabinet Committees and indicated in the note? • Note to clearly indicate that the Minister of Finance has approved the note,where required • PPPAC / HPC appraised proposals- approval of Minister of Finance not required Approval of Minister-in-charge.

Media/Press Briefing Check whether : • Two copies of the press brief are being forwarded with the note both in English and Hindi • The Press brief gives out the facts in a simple language that leaves no ambiguity

Check whether : • Hindi version been attached with all Annexures and is complete in all respects Hindi version

And finally… • You have done your job • The note is now ready to be placed before the highest level of Political Executive • The note showcases the functioning of the Department and you are proud to have ensured that it is of the best quality

FORWARDINGCABINET NOTES • ALL Notes to be forwarded to: Director (Cabinet), Cabinet Secretariat, Room no. 14 B, Rashtrapati Bhawan, New Delhi 110004 • Please do not send directly to Cabinet Secretary or Additional Secretary to avoid delay. • Requests for seeking approval under rule 12 of the Government of India (Transaction of Business) Rules, 1961, also to be forwarded on the above address • Copies could be marked separately to senior officers in the Cabinet Secretariat • Date of forwarding the note, date of signature and delivery should be the same

Copy No. No. Ministry/Department of New Delhi, dated [1] Office Memorandum Subject: XXXXX The undersigned is directed to enclose [2] copies of the note (both in Hindi and English version) on the above mentioned subject for consideration by the Cabinet/Cabinet Committee on…… 2. It is also informed that the Ministries/Departments of …..,…, and …. and the Prime Minister’s Office have been consulted at the draft stage. The comments of the consulted Ministries/Departments and comments of the Department thereon, in a tabular form, have been annexed and main points made by the consulted Ministries/Departments, in brief, included in the main body of the note. A copy of the final note has also been forwarded to the differing Ministries/Departments and the Prime Minister’s Office on …..[3]. OR 2. The proposal has been cleared by the EFC/PIB/EBR/PPPAC/HPC and has been approved by the Minister of Finance. Copies of the EFC/PIB Memo and a copy of the final note have been sent to PMO on ……and ……. However, no comments were received from PMO or the comments received from the PMO have duly been taken into account while finalizing the note. 3. [4]A tabular statement indicating the views/comments, if any, of the Prime Minister’s Office and action taken thereon by the Department is annexed with this Office Memorandum. 4. It is requested that the note may please be placed before the Cabinet/ Cabinet Committee on … at an early date. 5. [5]There is urgency for consideration of this item by the Cabinet/Cabinet Committee ………. (Reasons to be given) and therefore, it is requested to place the note in the next meeting of the Cabinet. (XYZ) Designation Tel. No. E mail…. Cabinet Secretariat { Director (Cabinet)} Room No.14 B, Rashtrapati Bhavan,New Delhi 110004. Secret [1] date to the note and date of the forwarding Office Memorandum should be same. [1] 60+ number of Ministries/Departments consulted in case of note for the Cabinet; 50+ number of Ministries/Departments consulted in case of note for all the other Cabinet Committees except CCPA and CCS, where 20 copies may be forwarded. [1] Date to be mentioned. [1] If applicable. [1] If applicable.

THANK YOU dir.cab-cabsec@nic.in

Workshop on preparation of Cabinet Notes