2014 GS 2

Starting from inventing the ‘basic structure’ doctrine, the judiciary has
played a highly proactive role in ensuring that India develops into a thriving
democracy. In light of the statement, evaluate the role played by judicial
activism in achieving the ideals of democracy. (12.5 marks, 200 words)
Since the inception of the ‘basic structure’ doctrine, the judiciary in India has been
at the forefront of safeguarding and nurturing the democratic principles enshrined
in the Constitution. Judicial activism has served as a potent tool in this endeavor,
empowering the judiciary to intervene in matters where constitutional values are
at stake. Through landmark decisions and interpretations, the judiciary has
expanded the horizons of democracy, ensuring its vitality and resilience in the
Indian context. By upholding the supremacy of the Constitution, the judiciary has
acted as a bulwark against executive and legislative excesses, thereby maintaining
the delicate balance of power essential for a vibrant democracy. Furthermore,
judicial activism has facilitated access to justice, particularly for marginalized and
underprivileged sections of society, thus fostering inclusivity and equality, which
are foundational to democratic ideals. However, criticisms of judicial overreach
and judicial activism is seen as a transgression into the domain of the legislature
and executive warrant careful consideration. Nonetheless, on balance, the
proactive role played by the judiciary through judicial activism has been
instrumental in advancing the cause of democracy in India.

Tag: Structure, organization, and functioning of the Executive and the Judiciary.
Decoding the Question:
 In the Introduction, try to give background about the doctrine of
judicial activism in India.
 In Body,
 Highlight the role played by judicial activism in achieving the ideals of
democracy.
 Discuss various issues with judicial activism.
 In Conclusion, try to conclude with the necessity of Judicial Activism
and the way forward.
Answer:
Historically, the Indian Judiciary has played a proactive role, stepping in when the
other two branches of the government seem to have faltered. The linkage between
Judicial activism and democracy is a complex one.Judicial activism is a concept that
originated in the US in 1947, and in India, it was introduced in the mid-1970s.
The judiciary has shed its pro-status-quo approach and taken upon itself the duty
to enforce the basic rights of the poor and vulnerable sections of society by
progressive interpretation and positive action. Through various cases, the
judiciary has played a highly proactive role in ensuring that India develops
into a thriving democracy and preventing arbitrary state action.
Methods of Judicial Activism:
 Judicial review

 Public Interest Litigation (PIL)

 Access to international statute for ensuring constitutional rights

 Constitutional interpretation
 Supervisory power of the higher courts upon the lower courts
Positive Role Played by Judicial Activism in Achieving the Ideals of
Democracy:
 Kesavananda Bharati case (1973): In this case, SC defined the basic
structure of the Constitution. It held that Parliament can amend any part of
the Constitution, but the basic structure of the Constitution could not be
abrogated even by a constitutional amendment. Judiciary can strike down
an amendment passed by the Parliament which is in conflict with the basic
structure of the Constitution.
 In the case of issuing advisories w.r.t section 66A of the IT Act and issuing
guidelines curbing the sale of acid in response to public outrage, the judiciary
has engaged in making rules and taking decisions which should’ve been with
the Legislature/Executive.
 Indira Nehru Gandhi vs. Raj Narain Case (1975): The court invalidated
the 39th Amendment act, which kept the elections of the President, the Vice
President, the Prime Minister, and the Speaker of the Lok Sabha beyond the
scrutiny of the judiciary. SC added free and fair elections as a basic feature
of the Indian Constitution, Democracy, the rule of law, and equality.
 National Judicial Appointments Commission (NJAC) case: SC invalidated
the 99th Amendment act of the Constitution, which dealt with the
appointment of judges and said the independence of judiciary & separation
of power are Basic features of the Constitution.
 Arun Gopal v. Union of India (2017): The court fixed timings for bursting
Diwali fireworks and prohibited the use of non-green fireworks to preserve
the environment.
 Vishakha v/s State of Rajasthan case: The court laid down guidelines for
the protection of women from sexual harassment at the workplace.
 M.C. Mehta v. Union of India (2018): The Supreme Court annulled the
statutory Rule of the Central Motor Vehicle Rules, 1989. It directed that no
BS-4 vehicle should be sold after March 30, 2020, and only BS-6 vehicles can
be sold after it.
 Maneka Gandhi v /s Union of India case: The SC introduced the concept of
“Due Process of Law” in place of “Procedure established by Law”. The court
held that the ‘Right to life’ embodied in Article 21 is not merely conned to
 animal existence or survival, but it includes within its ambit the right to live
with human dignity and all those aspects of life which go to make a man’s life
meaningful, complete and worth living.
The problem of Judicial Overreach:
 Judicial activism is the term used to indicate the encroachment by the
judiciary on the turf of the other two branches. This overreach is considered
a threat to democracy because it violates the basic tenet of democracy that
it is a government ‘by the people’ and ‘of the people’.
 The judges, who don’t have the people’s mandate assume the role of elected
officials and engage in policy-making. This in itself cannot be encouraged.
 The repeated intervention of courts can diminish the faith of the people in
the integrity, quality, and efficiency of the government. For example, the
Supreme Court ordered the cancellation of 122 telecom licenses and
spectrum allocated to eight companies.
 The Supreme Court banned the sale of liquor at hotels, retail outlets, and bars
that are within a 500m radius of any national or state highway. This was an
administrative matter where the decision should rest with the executive.
 It can harm the public at large as the judgment may be influenced by the
personal opinion of the judge.
 In Shyam Narayan Chouksey v. Union of India, the Supreme Court made
it mandatory for cinema halls to play the National Anthem before the starting
of the movie. It goes beyond the Prevention of Insults to the National Honour
Act, 1971, which provides that no film, drama, or show of any sort can have
the National Anthem as part of the show.
 It violates the provision of separation of power in the Constitution and the
limit of power set to be exercised by the Constitution.
 It also limits the functioning of the government by surpassing its power and
creates a conflict between the legislative and the judicial system.
The concept of judicial activism has both positive and negative sides; if the
judiciary intervenes too much in the working of other organs of the government
and tries to overreach the Constitutional powers, then this concept of judicial
activism loses its importance and essence. Role played by judicial activism had a
manifold impact on the political system; it is deemed favorable in addition to the
legislative’s failures. But there should be a narrow demarcation between activism
and overreach; for a fine balance, the judiciary should follow self-imposed
discipline and self-restraint.
Though the federal principle is dominant in our Constitution and that
principle is one of its basic features, it is equally true that federalism under
the Indian Constitution leans in favour of a strong Centre, a feature that
militates against the concept of strong federalism. Discuss. (12.5 marks, 200
words)
The Indian Constitution, with its roots deeply embedded in federal principles,
undeniably stands as a testament to the country’s diverse and complex socio-
political landscape. Yet, despite the ostensible federal structure, a discernible tilt
towards a formidable Central authority pervades its design. While federalism is
acknowledged as a fundamental tenet, the operational dynamics often seem to
prioritize centralization over decentralization, thus challenging the notion of a
robust federal system. This inclination towards a dominant Centre is palpable
across various facets of governance, from legislative powers to fiscal
arrangements. The distribution of authority, though ostensibly decentralized,
often encounters instances where the Centre holds significant sway, diluting the
autonomy of states. Moreover, the constitutional framework empowers the Union
government with mechanisms to intervene in state affairs, further consolidating
its supremacy. Consequently, while federalism remains a foundational principle,
the prevailing structure tends to undermine its essence, fostering a semblance of
unitarism. This imbalance raises pertinent questions about the efficacy of federal
governance in India and underscores the perpetual tug-of-war between
centralization and decentralization within the constitutional framework.

Tag: Indian Constitution—historical underpinnings, evolution, features,

amendments, significant provisions and basic structure.
Decoding the Question:
 In the Introduction, try to give a brief introduction about the Federal
Character of India.
 In Body,
 Mention various federal principles is dominant in our Constitution.
 Write various features that lean in favor of a strong Centre.
 In Conclusion, try to conclude with the verdict of the Supreme Court in
S.R Bommai Case.
Answer:
Federalism is a system of government in which power is divided between the
central government and various constituent units of the country. The Constitution
of India gives for a federal system of government in the country due to the
socio-cultural diversity and large size. However, the term “federation” has
nowhere been used in the Constitution. Article 1 of the Constitution describes
India as a “Union of States”, because Indian federation is not the result of an
agreement among the states and the states have no right to secede from the
federation.
Federal Principles in the Constitution:
 Written Constitution: Features of the Indian Constitution is not only a
written document but also the longest constitution in the world. Originally,
it included a Preamble, 395 articles (22 parts), and 8 schedules.
 Dual Polity:The constitution establishes a dual polity that includes the
union at the periphery. Each is endowed with sovereign powers to be
exercised in the field assigned to them respectively by the Constitution.
 Bicameralism:The constitution provides for a bicameral legislature in
which an upper house (Rajya Sabha) and a lower house (Lok Sabha). Rajya
Sabha represents the states of the Indian Union, whereas The Lok Sabha
represents the people of India as a whole.
 Division of Powers:The Constitution divided the powers between the
Center and the states in terms of the Union List, State List, and Concurrent
List in the Seventh Schedule.
 Supremacy of the Constitution: The Constitution is the supreme law of the
country. The laws made by the Center and the states should be in conformity
with Provision. Otherwise, they may be declared invalid by the Supreme or
High Court through its power of judicial review.
 Rigid Constitution:The division of powers established by the Constitution
as well as supremacy of the constitution can be maintained only if the
method of its amendment is rigid. It is necessary for both houses to agree to
amend the constitution.
 Independent judiciary:The constitution establishes an independent
judiciary headed by the Supreme Court for two purposes: one, to protect the
supremacy of the constitution, and two, to settle the disputes between the
Centre and states or between the states.
Unitary features in the Indian Constitution
 Strong Centre:The division of powers is in favor of the center and unequal
from a federal point of view. Firstly, the Union list contains more subjects
than the state list, secondly, the more important subjects have been included
in the union list and the Centre has overriding authority over the concurrent
list.
 Single constitution:The constitution of India embodies not only the
constitution of the Centre but also those of the states. Both the Centre and
the States must operate within this single frame.
 States not indestructible:Unlike in other federations, the states in India
have no right to territorial integrity. The parliament can change the area,
boundaries, or name of any state.
 Emergency provisions:The emergency provisions are contained in Part
XVIII of the Constitution of India, from Articles 352 to 360. In the emergency
provisions, the central government becomes all-powerful and the states go
into total control of the Centre.
  Single citizenship:Single citizenship means one person is the citizenship of
the whole country. The constitution deals with citizenship from Articles 5
and 11 under Part 2.
 Appointment of governor:The governor is appointed by the president. He
also acts as an agent of the Centre. Through him, the Centre exercises control
over the states.
 Integrated Judiciary: Indian Constitution has established an integrated
judicial system with the Supreme Court at the top and the state high courts
below it to enforce both the Central laws as well as the State laws.
 All India Services: In India, there are all-India services (IAS, IPS, and IFS)
that are common to both the Centre and the states. The members of these
services are recruited and trained by the Centre, which also possesses
ultimate control over them.
 Constitutional Amendment: The process of constitutional amendment is
less rigid. The bulk of the Constitution can be amended by the unilateral
action of the Parliament, either by a simple majority or by a special
majority.
Supreme Court Important Decision Related To Federal And Unitary Features
Of Indian Constitution – System Of Government
 In S R Bommai case 1994, the Supreme Court laid down that the
constitution is federal and characterized federalism as its ‘basic features’. In
the Bommai case SC said that states have an independent constitutional
existence. They are not satellites or agents of the Centre. Within the sphere
allotted to them, the states are supreme.
 In Kuldeep Nayyar vs Union of India, the Supreme Court held that
federalism is a fundamental feature of the Constitution of India and is unique
in its nature and is tailored to the specific needs of the country.
The Indian Constitution is unique in that it is a novel type of constitution that
combines the attributes of a unitary and a federal government. Rather than being
a true federation, it is referred to as a “union of states.”
The ‘Powers, Privileges and Immunities of Parliament and its Members’ as
envisaged in Article 105 of the Constitution leave room for a large number of
uncodified and unenumerated privileges to continue. Assess the reasons for
the absence of legal codification of the ‘parliamentary privileges. How can
this problem be addressed? (12.5 marks, 200 words)
Article 105 of the Constitution grants extensive powers, privileges, and immunities
to the Parliament and its members, yet these remain largely uncodified and
unenumerated. This absence of legal codification can be attributed to various
factors. Firstly, the dynamic nature of parliamentary proceedings and the evolving
nature of democracy make it challenging to comprehensively list privileges
without limiting parliamentary autonomy. Secondly, attempts to codify these
privileges may infringe upon the separation of powers, as the judiciary might find
itself interpreting and enforcing laws that could potentially encroach upon
parliamentary sovereignty. Moreover, the historical precedence and conventions
surrounding parliamentary privileges make it difficult to encapsulate them within
a rigid legal framework. To address this issue, a balance must be struck between
preserving the inherent privileges of Parliament and ensuring transparency and
accountability. One approach could involve establishing a parliamentary
committee tasked with periodically reviewing and updating the list of privileges,
subject to oversight and scrutiny by the judiciary to prevent abuse of power.
Additionally, enhancing public awareness and debate on the scope and limits of
parliamentary privileges could foster greater accountability and ensure that these
privileges serve the broader interests of democracy.

Tag: Parliament and State legislatures—structure, functioning, conduct of

business, powers & privileges and issues arising out of these.
Decoding the Question:
 In the Introduction, try to define Parliamentary Privileges and their
importance.
 In Body,
 Write various reasons for the absence of legal codification of the
parliamentary privileges.
 Also mention how this can be addressed.
 In Conclusion, try to conclude by giving the recommendations by the
Constitution Review Commission.
Answer:
The origins of Parliamentary powers in India can be traced back to 1833 when
the governor-council general’s was expanded to include a fourth member
following the 1833 Charter Act. A new form of legislative apparatus was created.
This created the groundwork for an institution that, through time, evolved into a
full-fledged legislative body.
Parliamentary privilege is the total of specific rights enjoyed by each House
collectively and by members of each House individually, which outweigh those
owned by other groups or persons and without which they could not execute their
tasks. Some privileges are based purely on Parliamentary law and custom, while
others are governed by statute.

Parliamentary privileges are based on the following sources:

 Constitutional provisions

 Various laws made by the Parliament

 Rules of both the Houses
 Parliamentary conventions and
 Judicial interpretations.
Individual Privileges
 During the session of Parliament, from 40 days before the beginning to 40
days after the finish, no member may be arrested. This privilege is only
granted in civil matters; it is not granted in criminal or preventive
detention situations.
 In Parliament, members have the right to free expression. No member of
Parliament or its committees is accountable in any court for anything said or
voted in Parliament or its committees. This independence is limited by the
Constitution’s provisions as well as the norms and standing orders that
govern Parliament’s functioning.
 Members of Parliament are exempt from jury duty when Parliament is in
session. They have the right to decline to give evidence and testify in court.
Collective Privileges
 The ability to publish reports, debates, and proceedings, as well as the
ability to prevent others from doing so. It can publish truthful reports of
Parliamentary proceedings without the House’s authorization under the
freedom of the press. However, in the case of a House meeting held in secret,
this right of the press does not apply.
 Keep strangers out of the gathering and organize covert sessions to address
vital issues.
 Make rules to govern its own procedure and commercial activity, as well as
to adjudicate on such issues.
 Right to immediate notification of a member’s arrest, custody, conviction,
imprisonment, and release.
 Initiate inquiries and compel a person’s attendance.
 The courts are not allowed to investigate a House’s or its committees’
proceedings.
  Without the consent of the Presiding officer, no one (whether a member
or an outsider) can be arrested, and no legal process (civil or criminal) can
be served within the House’s boundaries.
 Judicial interpretations.

Reasons for the absence of legal codification of the parliamentary

privileges:
 Articles 105 and 194 clearly lay down that the “power, privileges and
immunities of the legislature shall be as may from time to time be defined by
the legislature, and until so defined, shall be those of the House of
Commons”.
 Against the separation of power: Legislators have been arguing that
codification of privileges will harm the sovereignty of Parliament. The
codification of privileges is basically resisted because it would make the
privileges subject to fundamental rights, and hence judicial scrutiny
and evolution of new privileges would not be possible.
 For effective functioning of democracy and the Parliament, Dr.
Ambedkar defended it by saying that specific privileges are needed for
Parliament to function effectively. The National Commission to Review
the Constitution (2003), noted that Privileges are intended to facilitate
Parliamentarians to do their function of representing citizen’s voices and not
curbing their right to speech.
The absence of codification of Parliamentary privileges has led to misuse of these
rights and leading to hateful speeches, derogating remarks, unnecessary stalling of
the houses, etc.

The problem can be addressed by:

 The Parliamentary Privilege Committee of the UK in 1999 distinguished
between the Parliament disciplining its own members and the Parliament
punishing non-members. It suggested that Parliament’s jurisdiction over
contempt committed by non-members should be transferred to the
Judiciary. This can balance the essential protection of parliament and the
freedom of the individual.
 The Privilege Committee can be made impartial by following all
procedures of natural justice while recommending punishment for the
breach of privilege.
 The Monopoly of one party over the committee should be prevented. Such
unbalanced representation increases the chances of bias. Guidelines should
be laid down for the Speaker to give equal representation to all parties while
nominating the members.
 The Privilege Committee should be prevented from being the judge in its
own cause. There should be proper guidelines for the unbiased working of
the privileges committee.
  The chairperson of the House should be obliged to submit a report to the
President about sanctions, which can be put against members.
 An independent body should be formed to scrutinize the proceedings of the
House regularly and submit a report to the President.
 The appropriate provisions can be made to empower the President to take
independent action against the unruly members.
 More visitors from among common people can be allowed, which will lead
to public scrutiny of the behavior of the members in the House.
Members of parliament are granted privileges for the parliament to work
smoothly. If privileges are not granted following fundamental rights, the basic core
of democracy for the preservation of citizens’ rights will be lost. It is the
parliament’s responsibility not to infringe on any other constitutionally protected
rights. They must always remember that abilities do not corrupt them. As a result,
it is frequently effectively determined that in determining privileges, the house
cannot simply adopt a British equivalent, but must decide and evaluate if it
matches Indian Democracy and does not insult the state’s Republic characteristic.
What do you understand by the concept “freedom of speech and expression”?
Does it cover hate speech also? Why do the films in India stand on a slightly
different plane from other forms of expression? Discuss. (12.5 marks, 200
words)
The concept of “freedom of speech and expression” embodies the fundamental
right of individuals to articulate their thoughts, opinions, and ideas without fear of
censorship or restraint by the government or other authorities. It encompasses the
liberty to express oneself through various mediums, such as speech, writing, art,
and symbolic actions. This fundamental right is essential for the functioning of a
democratic society, as it enables the exchange of diverse viewpoints, fosters
intellectual growth, and promotes social progress.

Tag: Indian Constitution—historical underpinnings, evolution, features,

amendments, significant provisions and basic structure.
Decoding the Question:
 In the Introduction, try to define freedom of expression and how this is
guaranteed in Indian Constitution.
 In Body,
 Write the concept of Freedom of speech and expression and mention
hate speech.
 Discuss how the films in India stand on a slightly different plane from
other forms of expression.
 In Conclusion, try to write about the overall importance of Freedom of
speech and expression.
Answer:
Freedom of speech and expression is the right to express one’s own opinion and to
communicate ideas, thoughts, and emotions without fear of censorship or
retaliation. The right to freedom of speech and expression is guaranteed to all
citizens of India by the Constitution of India under Article 19(1)(a). This right is
given to citizens of India so that they can freely express their opinion, views,
beliefs, and thoughts without fear of government or any other form of censorship.
The Concept of Freedom of Speech and Expression:
 Right to propagate one’s own view and views of others.

 Freedom of the press.

 Freedom of commercial advertisements.

 Right against tapping of telephonic conversation.
 Right to telecast (the government has no monopoly on electronic media).
 Right against bandh called by a political party or organization.
 Right to know about government activities.
 Freedom of silence.
  Right against the imposition of pre-censorship on a newspaper.
 Right to demonstration or picketing but no right to strike.
Article 19 (2) in the Indian constitution gives us the freedom of speech and
expression with some reasonable restrictions under as follows: It should not
affect the security of the State, friendly relations with foreign States, public
order, decency or morality, or in relation to contempt of court, defamation
or incitement to an offense.
Hate speech: It generally refers to words whose intent is to create hatred towards
a particular group; that group may be a religion, community, or race. This speech
may or may not have meaning but is likely to result in violence.
 267th Report of the Law Commission of India, defined hate speech as an
incitement to hatred primarily against a group of persons defined in terms
of race, gender, ethnicity, sexual orientation, religious belief and the like.
Hate speech has not been defined in any law in India. The following
legislations have a bearing on hate speech:
 The Indian Penal Code, 1860: Hate speech provisions are found in three
different chapters of the IPC.
 Section 295A, IPC was enacted to specifically target speech that
intended to outrage religious feelings by insulting religion or religious
belief.
 The Representation of The People Act, 1951: Disqualifies a person from
contesting election if he is convicted for indulging in acts amounting to the
illegitimate use of freedom of speech and expression.
 The Protection of Civil Rights Act, 1955: Penalizes incitement to and
encouragement of untouchability through words, either spoken or written
or by signs or by visible representations or otherwise.
The films in India stand on a slightly different plane from other forms of
expression: Films in India stand on a slightly different plane from other forms of
expression because they have the potential to influence a large number of people.
Because of this, the Government of India has imposed certain restrictions on the
content of films to ensure that they do not promote violence, hatred, or any other
illegal activities. Additionally, films are also subject to censorship to ensure that
they adhere to the standards of morality and decency. Generally, films are
banned for six reasons:
 Movies which supposedly depict the country in a bad light. BBC’s
documentary India’s Daughter (2015), which contains interviews with the
alleged rapists of the 2012 Delhi gang-rape victim, was banned in India
because it records certain views of the rapists, which show the country in a
poor light.
 Movies that portray the life of Indian political leaders, but in an
unfavorable manner, such as Aandhi (1975) and Kissa Kursi Ka (1977).
  Movies like Parzania that depict communal violence are likely to be
banned. Such movies are deemed to arouse the passion of the people
that can lead to problems of public order.
 Movies which ‘hurt’ the religious sentiments of the people such as The
Da Vinci Code (2006), which was banned in five States in India as it ‘hurt’
the sentiments of the Christian community.
 Movies are censored on the ground of obscenity. Mira Nair’s Kama Sutra: A
Tale of Love (1996) dealt with a story of four lovers in 16th century
India. The Censor Board found the movie “too explicit”, “unethical” and
“immoral”.
 Films which deal with tabooed subjects like lesbianism, and
transsexuality, i.e., Fire (1996) and Gulabi Aaina.
The freedom of speech and expression, is an important fundamental right, scope
of which has been widened to include freedom of press, right to information
including commercial information, right to silence, and right to criticize. However,
subjective to reasonable restrictions on the ground of public order or obscenity, at
times, might be justified. But extra-constitutional bans restrict the free flow of
thoughts, imagination, and creativity. Such bans are thus against the
constitutional philosophy, against the rule of law, against democracy, and against
our national interest.
Instances of the President’s delay in commuting death sentences has come
under public debate as denial of justice. Should there be a time specified for
the President to accept/reject such petitions? Analyze. (12.5 marks, 200
words)
Instances of the President’s delay in commuting death sentences have sparked
fervent public debate, with many arguing that such delays amount to a denial of
justice. The power vested in the President to grant clemency is crucial in ensuring
fairness and mercy within the judicial system. However, when this power is not
exercised promptly, it can result in prolonged anguish for the convicts and their
families, as well as uncertainty regarding the application of justice. To address this
issue, it is worth considering the implementation of a specified time frame within
which the President must accept or reject such petitions. This would not only
expedite the process and provide clarity to all parties involved but also prevent the
potential misuse or neglect of this executive power. However, setting a specific
timeframe requires careful consideration of various factors, including the
complexity of individual cases, the need for thorough review, and the importance
of upholding due process. A balanced analysis is necessary to determine the
optimal duration that ensures both efficiency and fairness in the exercise of
clemency powers by the President.

Tag: Structure, organization, and functioning of the Executive and the Judiciary
Decoding the Question:
 In the Introduction, briefly write about the pardoning power of the
President.
 In Body,
 Write how the delay in commuting death sentences leads to denial of
justice.
 Discuss the need for a specific time limit for such a petition.
 In Conclusion, write the overall importance of pardoning power and
timely justice delivery.
Answer:
It is rightly quoted by Brent Weeks, “Delayed justice is as bad as injustice”. A victim,
whether himself or his family, too shall be treated with equal fairness, dignity and
respect and their rights should be equally respected.

Article 72 of the Constitution empowers the President to grant pardon or

commute the sentence in all cases where the sentence is a sentence of death. The
pardoning power of the President is not an absolute one but is governed by the
advice of the Council of Ministers. There have been many instances where the
President’s delay in commuting death sentences has come under Judicial Scrutiny
and public debate as denial of justice.
Delay in Commuting Death Sentences Leads to Denial of Justice:
  In the case of Shatrughan Chauhan & Anr v. Union of India, a three- judge
bench of Supreme Court delivered a landmark judgment dated 21st January
2014 on death penalty holding that an excessive delay in carrying out the
death sentence was an essential mitigating factor in a plea for commutation.
 The court held that inordinate delay in deciding a petition of a convict
sentenced to death by the President can be torture and inhumane
punishment to the convict.
 The Court held that, in the absence of proper, plausible, and acceptable
reasons for the delay, the delay of twelve years in considering the mercy The
petition is relevant grounds for the commutation of the death sentence into
life imprisonment.
 In such circumstances, if the convict approaches the Court, the Court will
hold that his fundamental right to protection of life and personal liberty
under Article 21 of the Constitution is violated and the Court will commute
his sentence to life imprisonment.
Need for time limit on commutation:
 Victim’s psychological state will typically be negatively impacted by their
lengthy prison sentence, which could result in There wouldn’t be any
additional psychological effects on the guilty if the problem was resolved
more quickly.
 Regardless of one’s actions, every person has certain basic human rights that
must be Long periods spent in unfavourable living circumstances constitute
this violation. Such factors must be taken into account before postponing
judgement.
It is rightly quoted by Eleanor Roosevelt “Justice cannot be for one side alone,
but must be for both”, so the need is for the judiciary to be able to strike a balance
between both accused’s rights as well as the victim’s rights which can be done by
following the path of guidelines which are enshrined in this case to deal with
subsequent cases relating to executive delay and the commutation of death
sentence in order to be able to render justice in real sense.
The size of the cabinet should be as big as governmental work justifies and
as big as the Prime Minister can manage as a team. How far is the efficacy of
a government then inversely related to the size of the cabinet? Discuss. (12.5
marks, 200 words)
The size of a government cabinet is a critical determinant of its efficacy, balancing
the need for comprehensive representation against the imperative of efficient
decision-making. As British statesman Tony Benn aptly remarked, “The size of the
cabinet should be as big as governmental work justifies and as big as the Prime
Minister can manage as a team.” A larger cabinet allows for a broader
representation of diverse interests and expertise, potentially fostering inclusivity
and legitimacy. However, an expansive cabinet may also lead to bureaucratic
inefficiencies, as decision-making processes become convoluted and consensus-
building becomes arduous. Conversely, a smaller cabinet streamlines decision-
making, promoting agility and coherence in governance. Yet, a diminished cabinet
risks marginalizing certain perspectives and excluding vital expertise. Thus, the
efficacy of a government is intricately tied to the size of its cabinet, albeit inversely.
While a larger cabinet may enhance representation, it often comes at the cost of
efficiency. Conversely, a smaller cabinet may expedite decision-making but risks
sacrificing inclusivity. Ultimately, achieving optimal governance requires striking
a delicate balance between the size of the cabinet and the imperatives of effective
leadership and representation.

Tag: Structure, organization and functioning of the Executive and the Judiciary.
Decoding the Question:
 In the Introduction, try to define the cabinet and its function.
 In Body, examine the Size of the Cabinet and the efficacy of a
Government that is larger cabinet maximum governance or vice
versa.
 In Conclusion, can write about the overall importance of Cabinet and
link it with the ‘Maximum Governance Minimum Government’.
Answer:
A cabinet is a smaller body consisting of 15 to 20 ministers amongst the Council of
ministers. “cabinet” was inserted in Article 352 of the Constitution in 1978 by
the 44th Constitutional Amendment Act. Thus, it did not find a place in the
original text of the Constitution. Article 352 only defines the Cabinet, saying that
it is the Council consisting of the Prime minister and other ministers of cabinet
rank appointed under Article 75 and does not describe its powers and
functions.
The Size of the Cabinet and the Efficacy of a Government:
 Article 72 of the Constitution prescribes that the total number of Ministers,
including the Prime Minister, in the Council of Ministers shall not exceed
 15% of the number of members of the House of the People. But the number
of cabinet members is not fixed.
 In the past 25 years, whether because of coalition compulsions or the need
to appear representative of India’s diversity, Cabinets have been swelling.
 It was found that abnormally large councils of ministers were being
constituted in a coalition Government. But a compact ministry has
enabled much better coordination in several sectors, especially energy and
transport.
 A compact ministry has enabled much better coordination in several
sectors, especially energy and transport.
 It also streamlines the decision-making process; in the past, there have
been multiple authorities and clashes between different departments.
 Small Cabinet possesses less burden on the public exchequer.
 It also fosters team spirit among the members; thus, a small Cabinet is
recommended for the healthy development of democracy.
 The Cabinet reflects the need to take care of sociological representation. It
should ideally mirror society.
 The Cabinet should reflect India’s national character, its regions, classes,
castes, communities, and ethnicities. For any long-term idea of a stable
national government, it must reflect all aspects of India. This should be done
by selecting from the different backgrounds in the Cabinet and not
through an increase in the number.
Issues with the Small Size of Cabinet:
 The power politics nowadays has been centered around a single
individual, So, it is even more necessary that the Cabinet must go some
distance to restore the system of checks and balances.
 The small Cabinet may lead to an excessive centralization of power; it must
not be that the Executive is just about one leader or with few groups of
ministers.
 The reduced size of cabinets circumvents the legal process by allowing
outside persons to play an influential role in the government’s functioning.
 It may also lead to a conflict of interest among various Ministries and
stakeholders.
 It can create an excessive burden on the ministers and manpower, which
may further lead to inefficiencies.
 The small size of the Cabinet may have the Overlapping of duties, which can
create conflict and delay the process of decision-making.
According to Lowell, The Cabinet is the keystone of the political arch. It is the
central directing instrument of the Government. Therefore, the philosophy of the
cabinet should be minimum government and maximum governance. And its
size should be as big as governmental work justifies and as big as the Prime
Minister can manage as a team.

Though 100 percent FDI is already allowed in non-news media like a trade
publication and general entertainment channel, the government is mulling
over the proposal for increased FDI in news media for quite some time. What
difference would an increase in FDI make? Critically evaluate the pros and
cons. (12.5 marks, 200 words)
The ongoing deliberation regarding the augmentation of Foreign Direct
Investment (FDI) in news media has sparked significant discourse within
governmental circles and the media industry alike. While the current policy
permits 100 percent FDI in non-news media such as trade publications and general
entertainment channels, the potential extension of this allowance to news media
is under careful consideration by the government. Advocates of heightened FDI
contend that it could inject fresh capital, foster technological advancements, and
enhance global competitiveness within the news sector. Moreover, proponents
argue that increased FDI could diversify ownership, potentially mitigating
monopolistic tendencies and promoting editorial independence. However, critics
express apprehension, cautioning against the risk of foreign influence
compromising journalistic integrity and national sovereignty. They argue that
heightened FDI could lead to sensationalism, biased reporting, and the erosion of
cultural identity. Additionally, concerns about market dominance by multinational
corporations and the marginalization of local players underscore the complexity
of the issue. Therefore, any decision to augment FDI in news media demands a
nuanced evaluation of its potential benefits and pitfalls to ensure the preservation
of journalistic ethics and national interests.

Tag: Government policies and interventions for development in various sectors

and issues arising out of their design and implementation.
Decoding the Question:
 In the Introduction, try to write about the importance of FDI.
 In Body, assesses both, the Pros and Cons of increased FDI in news
media.
 In Conclusion, write about the benefits of FDI.
Answer:
Currently, 26% FDI is allowed in news media, and the government has tabled a
proposal to increase it to 100%. Increase of FDI to 49% would ensure that
ownership of the media company would still be Indian hands, but 100% FDI would
allow wholly foreign-owned companies to function in India. Considering the fact
that news is a sensitive issue, it will hold various implications and repercussions
for the news media industry.
Pros of Increased FDI in News Media:
 This is one step closer to liberalizing the FDI regime for entities engaged
in the News Digital Media Sector.
 It will mitigate the effect of Yellow Journalism (sensationalism) and broaden
the scope for investigative journalism.
 This step will bring financial resources to the Media House and bring new
state-of-the-art technology in media and digital platforms.
 It will bring internal democracy to the working of the media and bring
transparency, responsibility, accountability in media sections which reduce
the unscrupulous practice of domestic media houses.
 It also helps in diversifying media coverage.

Cons of Increased FDI in news media:

 Ambiguity in language and in interpretation of who qualifies as a news
aggregator or a news agency.
 The practicality of regulating digital media “in a global internet
environment” is against freedom of speech.
 This will invite more Government interference in the media. Media can be
used for their own benefit.
 FDI in media is seen as the government is trying to restrict digital media
companies in India and find levers to exercise control.
 It will affect domestic players in media and digital platforms.
 It can also harm the stakeholder of a large spectrum, i.e., Bureaucrat,
politicians, commercial firms, and people.
 It may increase lobby, grouping, partisanship, malafide collaboration, etc., by
the external player for policy norms regarding media might and will make
the condition of chaos and confusion.
The requirement for building and owning large-scale last-mile networks is much
more capital intensive than pure digitization of the networks. Hence, enhanced
FDI Limits will help the industry as more and more players start building
last-mile networks on a larger scale.
The setting up of a Rail Tariff Authority to regulate fares will subject the cash
strapped Indian Railways to demand subsidy for the obligation to operate
non-profitable routes and services. Taking into account the experience in the
power sector, discuss if the proposed reform is expected to benefit the
consumers, the Indian Railways, or the private container operators. (12.5
marks, 200 words)
The proposal to establish a Rail Tariff Authority to oversee fare regulation brings
forth significant implications for the financially burdened Indian Railways. With
the potential imposition of subsidies to uphold non-profitable routes and services,
the railways face a daunting fiscal challenge. Drawing parallels from the power
sector’s experience, where similar reforms have been implemented, it becomes
crucial to assess who stands to gain from this proposition: consumers, the Indian
Railways, or private container operators. Historically, in the power sector, such
regulatory mechanisms often led to increased financial strain on the government,
as subsidies were required to sustain essential services. Consumers, while
potentially benefiting from regulated tariffs, could also bear the brunt of any
resultant fiscal burdens through indirect means such as taxes. For the Indian
Railways, while fare regulation may alleviate short-term financial pressures, the
long-term sustainability remains uncertain, especially if subsidies become a
recurring necessity. Private container operators may find themselves in a
favorable position if the reform fosters a more competitive pricing environment or
enables streamlined operations. However, uncertainties regarding the extent of
regulatory oversight and its impact on market dynamics warrant careful
consideration. Thus, while the proposed reform intends to address fare regulation,
its broader ramifications necessitate a comprehensive evaluation to determine its
true beneficiaries and implications.

Tag: Statutory, regulatory and various quasi-judicial bodies.

Decoding the Question:
 In the Introduction, briefly write about RTA and its requirements.
 In Body, write various benefits and issues with the RTA.
 In Conclusion, write the overall importance of having RTA.
Answer:
Rail Tariff Authority (RTA) was set up to advise the government on fixing fares and
freight. The authority considers the requirements of the Railways and engages
with all stakeholders to usher in a new pricing regime through a transparent
process. The RTA (Rail Tariff Authority) has been constituted to engage with all
the stakeholders, including Railways, consumer groups, container operators etc
before it advises the government on determination of fares and freight rates. Other
than rationalizing the fare structures, the RTA has also been given the
responsibility of increasing the quantum of freight sent in Railways and also
reduce cross subsidization.
Benefits of Rail Tariff Authority:
 It is the first step towards depoliticizing rail fares and inducing reforms
aimed at pulling the cash-strapped railways out of the financial crisis.
 The authority can recommend fare revision from time to time after
considering input cost and volatile market conditions.
 It can advise the central government on the fixation of tariff, based on the
cost of operations and factors impinging it, to help generate requisite
surpluses for healthy growth in the future.
 The Authority will not only consider requirements of the Railways but also
engage with all stakeholders to usher in a new pricing regime through a
transparent process. It will help the consumer, Indian railways (ameliorate
the condition of railway services) as well as the private sector.
 The consumer will get efficient, fast, and comfortable service, which are
gradually reaching an unsustainable level due to subsidized rates.
Issues and Challenges:
 The recommendation of the authority, which would be set by an executive
order, cannot be mandatory for railways as, according to existing law, only
the Railway Board, and not any outside body, can fix tariffs.
 The authority can be given mandatory powers only after the amendment of
the Railway Act, 1989, in Parliament.
 The setting up of such an authority will institutionalize a regulatory
mechanism at arm’s length for pricing of passenger and freight services.
Thus, while detrimental to consumers, the RTA’s probable actions, though perfect
valid, will be beneficial to Railways and private container operators. The RTA is
expected to lead an era of rationalization of fares and freight structures for
improving the fare-freight ratio and gradually bringing down cross subsidisation
between different segments. According to Railways, this would go a long way
towards improving the financial health of the national transporter which will lead
to growth to match expectations of the nation and provide stability by minimising
volatility of market condition.
The National Human Rights Commission (NHRC) in India can be most
effective when its tasks are adequately supported by other mechanisms that
ensure the accountability of a government. In light of the above observations,
assess the role of NHRC as an effective complement to the judiciary and other
institutions in promoting and protecting human rights standards. (12.5
marks, 200 words)
The National Human Rights Commission (NHRC) in India serves as a pivotal
institution tasked with safeguarding human rights across the nation. However, its
efficacy largely hinges upon robust support from complementary mechanisms that
enforce governmental accountability. The NHRC stands as a vital supplement to
the judiciary and other institutions, enhancing the promotion and protection of
human rights standards. While the judiciary offers legal recourse and adjudicates
on human rights violations, the NHRC operates as a proactive body, conducting
investigations, raising awareness, and recommending remedial actions to address
systemic issues. Moreover, the NHRC’s ability to collaborate with government
agencies and civil society organizations amplifies its impact, ensuring a multi-
dimensional approach towards human rights protection. Furthermore, its role
extends beyond reactive measures, engaging in preventative strategies such as
policy advocacy and capacity-building initiatives. By synergizing with existing
institutions, the NHRC reinforces accountability mechanisms, thereby fostering a
culture of respect for human rights at both systemic and societal levels. This
collaborative approach underscores the NHRC’s significance as a cornerstone of
India’s human rights framework.

Tag: Statutory, regulatory and various quasi-judicial bodies

Decoding the Question:
 In the Introduction, try to give a brief description of NHRC and its role.
 In Body,
 Write the role of NHRC as an effective complement to the judiciary and
other institutions in promoting and protecting human rights
standards.
 Also, mention certain limitations.
 In Conclusion, write about the overall importance of NHRC and suggest
measures to make it more effective.
Answer:
The Protection of Human Rights Act, 1993 defines “Human Rights” as the rights
relating to life, liberty, equality and dignity of the individual guaranteed by the
Constitution or embodied in the International Covenants and enforceable by
courts in India. The National and the State Human Rights Commissions are
the embodiment of India’s concern for the promotion and protection of
human rights.
National Human Rights Commission:
  It is a multi-member body consisting of a chairman and four members. A
person who has been the Chief Justice of India or a judge of the Supreme
Court is a chairman.
 The chairman and members are appointed by the President on the
recommendations of a six-member committee consisting of the Prime
Minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of
the Rajya Sabha, leaders of the Opposition in both the Houses of
Parliament and the Union Home Minister.
 The chairman and members hold office for a term of three years or until
they attain the age of 70 years, whichever is earlier.
 The President can remove the chairman or any member from the office
under some circumstances.
The Role of NHRC as an Effective Complement to the Judiciary and other
institutions:
 The National Human Rights Commission is an example of “fourth branch
institutions.” The other three branches are the legislature, the executive,
and the judiciary, with each branch acting as a check and a balance upon the
others.
 Under the Protection of Human Rights Act, the Human Rights Commissions
are empowered to inquire into the violations of human rights committed by
state authorities, either upon petitions presented to them or upon their own
initiative.
 During the inquiries, the Commissions are granted identical powers to
that of civil courts.
 These proceedings are deemed to be judicial proceedings, and they require
that any person, who may be prejudicially affected by their outcome, has a
right to be heard.
 The commission has its own nucleus of investigating staff for inquiry into
complaints of human rights violations.
 It is empowered to utilize the services of any officer or investigation agency
of the Central government or any state government for the purpose. It has
also established effective cooperation with the NGOs with first-hand
information about human rights violations.
 It can also visit any jail or any other institution under the control of the State
Government to see the conditions of the inmates and to make
recommendations on it.
 The commission can review the safeguards provided under the Constitution
or any law for the protection of human rights and can recommend remedial
measures.
 It also undertakes and promotes research in the field of human rights.
  It works to spread human rights literacy in society and promotes awareness
of the safeguards available for the protection of these rights through media,
publications, seminars, and other means.
 The commission has the authority to recommend payment of compensation
or damages.
Limitations of the NHRC:
 Investigation Mechanism: NHRC does not have any mechanism of
investigation. In the majority of cases, it asks the concerned Central and
State Governments to investigate the cases of the violation of Human
Rights.
 Decision Enforcing Power: NHRC can only make recommendations,
without the power to enforce decisions.
 Underestimation & Inadequacy of Funds: Many times NHRC is viewed as
a post-retirement destination for judges and bureaucrats with political
affiliation moreover, the inadequacy of funds also hampers its working.
 Neglected Recommendations: The government often out rightly rejects
recommendations of NHRC or there is partial compliance to these
recommendations.
 Limitations of Powers: State human rights commissions cannot call for
information from the national government, which means that they are
implicitly denied the power to investigate armed forces under national
control.
Reforms made to make NHRC more Effective:
 Need for Restructuring: There is a need for a complete revamping of NHRC
to make it more effective and truly a watchdog of human rights violations in
the country.
 Enforcement of Decisions: NHRC efficacy can be enhanced by the
government if commission decisions are made enforceable.
 Inclusion of New Members: There is a need to change in composition of the
commission by including members from civil society and activists.
 New Laws & Transparency: Many laws in India are very old and archaic in
nature by amending which government can bring more transparency in
regulations.
 Enhance and Strengthen Participation: To improve and strengthen the
human rights situation in India, state and non-state actors need to work in
tandem.
NHRC plays a crucial role in ensuring the State’s accountability in a democracy
committed to a ‘culture of justification.’ The recent amendment to the Protection
of Human Rights Act, 1993 will make the NHRC and State Human Rights
Commissions more compliant with the Paris Principle “concerning its autonomy,
independence, pluralism, and wide-ranging functions in order to effectively
protect and promote human rights.”

The penetration of Self-Help Groups (SHGs) in rural areas in promoting

participation in development programmes is facing socio-cultural hurdles.
Examine. (12.5 marks, 200 words)
The proliferation of Self-Help Groups (SHGs) in rural areas has been hailed as a
promising avenue for fostering grassroots participation in development initiatives.
However, the realization of this potential encounters formidable socio-cultural
hurdles. In many rural settings, deeply entrenched traditional norms and
patriarchal structures pose significant challenges to the effective functioning of
SHGs. Gender inequalities, for instance, often inhibit women’s full participation in
these groups, as prevailing societal attitudes may restrict their mobility and
decision-making autonomy. Moreover, caste dynamics and social hierarchies can
impede inclusivity within SHGs, limiting the involvement of marginalized
communities. Additionally, prevailing superstitions or religious beliefs might
hinder the acceptance of certain developmental interventions promoted by these
groups. Overcoming these socio-cultural barriers necessitates a multifaceted
approach that not only addresses structural inequalities but also engages in
community sensitization and capacity-building initiatives. Only through concerted
efforts to tackle these underlying socio-cultural impediments can SHGs truly fulfill
their potential as vehicles for participatory development in rural areas.

Tag: Development processes and the development industry —the role of NGOs,
SHGs, various groups and associations, donors, charities, institutional and other
stakeholders.
Decoding the Question:
 In the Introduction, briefly write about SHG and its role.
 In Body,
 Mention some socio-cultural hurdles faced by SHG.
 Suggest some measures to address issues.
 In Conclusion, write about the overall importance of SHGs.
Answer:
Self Help Groups are very important for implementing programmes at grassroot
level due to their ability to penetrate deep into society and promote community
participation. . These are also regarded as the vehicle of change and necessary to
overcome exploitation, create confidence for the economic self-reliance of rural
people, especially among women who are mostly invisible in the social structure.
It also helps in building mutual trust between the organization and the rural poor
through constant contact and genuine efforts.
Socio-cultural hurdles Faced by SHGs:
 Taboo: Various superstitions exist in society and cultural practices that act
as counterproductive against efforts to develop society. These practices act
as the largest hurdles and it needs a lot of efforts from the government to
eradicate them completely.
Ex: Working women are not desired in traditional society which makes their
participation in SHGs difficult.
 Religious beliefs:There are various religious beliefs in society that can be
called undesirable because of the harm it can cause to efforts of change.
These beliefs are unnecessary and they cannot serve anything good for
society.
Ex: Women are considered inferior to men and their freedom is restricted.
 Language:The authorities have to be well versed with the language of the
region in order to better connect with people. Knowing the language will be
advantageous to faster development and greater community participation
through SHGs.Ex: SHGs working in tribal areas can succeed if they know the
language of the community.
 Illiteracy: As per the government data, around 30% of the rural people are
illiterate and are not aware of the importance of SHGs, which adversely
affects their efficacy.
 Lack of stability: Most of the SHGs are dominated by women, who are
unable to provide long-term leadership due to their family responsibilities,
migration due to marriage, and social barriers.
 Exploitation by Strong Members: It is also observed that in the case of
many SHGs, strong members try to earn the lion’s share of the profit of the
group by exploiting the ignorance and illiterate members.
 Inadequate Training Facilities: The training facilities given to the
members of SHGs in the specific areas of product selection, quality of
products, production techniques, managerial ability, packing, and other
technical knowledge is not adequate to compete with that of strong units.
 Problems Related to Raw Materials: SHGs purchase raw materials in
smaller quantities. Hence they may not be able to enjoy the benefits of large-
scale purchases like a discount, credit facilities, etc.
 Lack of Funding: Due to low savings in rural areas and lack of financial
assistance to the SHGs, they are unable to meet their day-to-day expenses
and labor cost, which hinders the growth and working of SHGs.
Measures to strengthen SHGs:
 The government needs to generate more awareness among people in the
rural areas through awareness generation camps by the Rural Development
department.
 There is a need to encourage banks and MFIs to provide adequate funding
and cheap interest loans.
  Efforts should be taken for gender sensitization to reduce taboo related to
women and provide adequate assistance to women and vulnerable sections
for the formation of groups.
 There should be training and capacity building for measures for members of
SHGs to ensure efficiency.
Despite all these socio-cultural constraints, SHG has come as a pioneer in poverty
alleviation, women empowerment and promoting all-round development of the
children, the women, the households, and the communities. NABARD evaluation
study showed that women members were found to have become more assertive in
confronting social evils and problem situations, and nearly half the poor member
households had crossed the poverty line. NABARDs SHG-Bank linkage programme
is the right step for empowering SHGs.
Do the government schemes for uplifting vulnerable and backward
communities by protecting required social resources for them, lead to their
exclusion from establishing businesses in urban economies? (12.5 marks,
200 words)
Government schemes aimed at uplifting vulnerable and backward communities by
safeguarding essential social resources often walk a fine line between providing
the necessary support and inadvertently fostering exclusion in urban economies.
While these initiatives are well-intentioned, their implementation can
inadvertently hinder the establishment of businesses within these communities.
By prioritizing the protection of resources for these groups, such as land or
financial aid, governments may inadvertently create barriers to entry for aspiring
entrepreneurs from these communities. Strict regulations and bureaucratic
procedures intended to ensure fair distribution of resources can often become
cumbersome obstacles for individuals seeking to start businesses. Additionally, the
focus on preserving social resources may lead to a lack of emphasis on providing
the necessary infrastructural support and training programs crucial for fostering
entrepreneurial growth. Consequently, while these schemes aim to empower
vulnerable communities, they may inadvertently perpetuate their exclusion from
the economic mainstream by limiting their ability to participate in urban business
landscapes. Therefore, a nuanced approach that balances resource protection with
facilitating entrepreneurial opportunities is essential to ensure the inclusive
economic development of these communities.

Tag: Welfare schemes for vulnerable sections of the population by the Centre and
States.
Decoding the Question:
 In Introduction, try to define social exclusion and implementation of
Affirmative actions, through positive discrimination policies in
employment and education.
 In Body, elaborate how Government’s schemes for up-lifting
vulnerable and backward communities lead to their exclusion:
 In Conclusion, try to conclude with Directive Principles of the State
Policy further stress in Article 41.
Answer:
Social exclusion refers to ways in which groups/individuals may become cut off
from full involvement in the wider society because of many social factors like caste,
religion, , disability, gender. In India, the implementation of Affirmative actions
through positive discrimination policies in employment and
education received constitutional support for the vulnerable and backward
communities, namely, Scheduled Castes (SCs), Scheduled Tribes (STs), and other
backward communities. Government has mandated protections for various
communities in the form of various schemes like MGNREGA, reservation for jobs
and seats in educational institutions etc. However, even after various schemes,
these communities suffer from poor representation in urban economies in the
form of jobs in the private sector and in pursuing entrepreneurship.
Government’s schemes for up-lifting vulnerable and backward communities
lead to their exclusion:
 Government jobs preference: Educational incentives like reservation and
lower threshold of marks make academic professions and government jobs
more attractive. Reservation in promotion in government jobs makes them
more attractive for reserved communities.
 Impact on abilities: Protecting social resources for backward communities
has kept them away from competition leading to less improvement in skills,
literacy and other abilities required to come into business. For example,
MGNREGA provides 100 days of work for the needy, but it doesn’t focus on
their skill development.
 Social prejudices: Social prejudices hinder their entrepreneurial activities.
The schemes have limited success in removing social prejudices against
them and thus they face hurdles while setting up businesses. Schemes like
reservation in government jobs are seen as discriminatory by well off
sections of the society and thus they do not cooperate with vulnerable
sections or effort made by them in business.
 Reduced entrepreneurial spirit: Guaranteed privileges through scheme
also kills the hunger and opportunistic spirit among the vulnerable leading
to complacency. They find no incentive or motivation to work and establish
businesses. For example, these vulnerable sections like Dalit instead of going
to set up businesses and start ups seek to get a job under reservation and
find no motivation to take up business activities.
 No focus on structural discrimination: There is some structural
discrimination faced by these vulnerable groups.These schemes focus only
on providing privileges and not removing structural discrimination. In India,
members of gender, caste, class, and ethnic identity experience structural
discrimination that has adversely impacted on their ability to do business.
Women also face dual discrimination being members of specific caste, class
or cultural group apart from experiencing gendered susceptibilities.
The Directive Principles of the State Policy further stress in Article 41 the
right to work, to educate and to public assistance in certain cases including
disablement. In accordance with the constitutional provisions, several measures
have been initiated by the Government to provide protection against
discrimination in education, employment. As a result, according to an NSS study,
over the last decade, the levels of education across all social groups have increased
in urban India including vulnerable and backward communities. But still they
are lacking in many aspects.
An athlete participates in Olympics for personal triumph and nation’s glory;
victors are showered with cash incentives by various agencies, on their
return. Discuss the merit of state sponsored talent hunt and its cultivation as
against the rationale of a reward mechanism as encouragement. (12.5
marks, 200 words)
The pursuit of athletic excellence, whether on a personal or national level, often
intertwines with both individual aspirations and collective pride. Athletes, driven
by personal triumph and the desire to bring glory to their nations, participate
fervently in events like the Olympics. In this context, the merit of a state-sponsored
talent hunt is profound. Such initiatives facilitate the identification and nurturing
of gifted individuals who may otherwise remain undiscovered. By investing in
grassroots programs and talent identification mechanisms, states can unlock the
potential of their youth, fostering a culture of sportsmanship and achievement.
Moreover, state sponsorship ensures that athletes from all socio-economic
backgrounds have equal opportunities to excel, thereby promoting inclusivity and
diversity in sports. However, while talent identification and cultivation are
essential, the role of a reward mechanism cannot be overlooked. Cash incentives
and recognition bestowed upon victorious athletes serve as powerful motivators,
incentivizing hard work and dedication. This dual approach, combining state-
sponsored talent hunt with rewarding mechanisms, strikes a balance between
fostering talent and providing encouragement, ultimately contributing to the
holistic development of sports within a nation.

Tag: Issues relating to development and management of Social

Sector/Services concerning Health, Education, and Human Resources.
Decoding the Question:
 In Introduction, try to write a brief description about the condition of
sports in India.
 In Body, Highlight the challenges in sports and mention the merit of
State sponsored talent hunt.
 In Conclusion, try to conclude with schemes like National Sports Talent
Contest Scheme, khelo India Programme etc.
Answer:
Rewarding athletes who were successful in the Olympics and sponsoring a talent
hunt are both means of encouraging talented athletes to continue playing their
choice of sport.India’s sport sector is growing at an explosive rate. While cricket
remains the giant of the sector, sports such as kabaddi, table tennis, hockey,
shooting, and football have demonstrated that India is not simply a one-sport
country. In state sponsored talent hunt, Sports Authority of India (SAI) selects
talent from all parts of India and develops them into competitive athletes. The
trained athletes then participate in national and international level events.
Challenges in sports in India:
 Training (renting training space etc.), sports equipment, hiring of coach,
physiotherapist etc are all expenses associated with training to become a
successful sports personality.
 The costs associated with training adds up to a very large amount that can
be afforded only by a small margin of the population. The wealthy athletes
can use their winnings and rewards to fund their training, but this can
happen only after they register at least a few wins.
 In India, each sport is ‘managed’ by an independent federation, with these
federations recognized by the central Ministry of Youth Affairs and Sports
and receiving funds from the central government. This federation suffers
from Red-tapism.
 India, despite its space programme and burgeoning population of
billionaires, is still a very poor nation in terms of per capita income, and
sport has never been a priority for the government.
 These costs and resultant hindrances discourage the less privileged sections
of the community from seriously taking up sports even if they are immensely
talented in the sport.
 Lack of facilities at the grass root level is a major problem. Schools and
colleges lack basic infrastructure that can encourage other sports. The
concept of school sports or college sports is still not seen as an option in
India’s education system.
 Cricket continues to dominate India’s sporting landscape. Sports other than
cricket are not given much weightage as a career option, because neither
they appear financially lucrative nor glamorous. More than the government,
it’s the apathy of corporates and wealthy individuals towards other sports
that must change.
Merit of Talent Hunt Programme:
 It can help in filtering talented sports persons.

 Talent Hunt Programme will bring more accountability and transparency in

sports by reducing red tapism.
 The talent search will not be limited to Urban or Town areas. This
programme will ensure the talent hunt goes into Rural and geographically
difficult areas like North eastern states, Andaman and Nicobar and
Lakshadweep.
 The talent hunt programme will break the barrier of social inequalities like
caste, creed, and gender.
 This program will also ensure that Sports talent do not suffer financially and
economically.
A talent hunt, apart from providing encouragement and motivation, will level the
playing field and afford equal opportunities to less wealthy athletes. Also, the
talent hunt will help discover talent in rural India. National Sports Talent Contest
Scheme, khelo India Programme by GOI is positive steps to improve sports
ecosystem in India. over the past decade, a galaxy of up-and-coming stars like
badminton player Saina Nehwal, boxer Vijender Singh and shooter Abhinav Bindra
have defied the country’s creaking infrastructure, callousness and ill-preparedness
to take small, but important steps toward putting India on the global sporting map.
Surely, there are more talents to come in this direction. In a country with great
inequality like India, a talent hunt will afford more advantages than the incentives
program.
Should premier institutes like IITs/IIMs be allowed to retain premier status,
allow more academic independence in designing courses, and also decide the
mode/criteria of selection of students? Discuss in light of the growing
challenges. (12.5 marks, 200 words)
In a rapidly evolving educational landscape, the debate over the autonomy and
status of premier institutes like the Indian Institutes of Technology (IITs) and
Indian Institutes of Management (IIMs) is gaining prominence. Proponents argue
that these institutions should be granted greater academic independence in
designing courses and determining selection criteria to maintain their premier
status. This perspective posits that such autonomy fosters innovation, encourages
academic excellence, and ensures relevance in a dynamic global context. However,
this stance is not without its challenges. Critics contend that excessive autonomy
could lead to elitism, exclusion, and a departure from societal needs. Moreover, the
growing demands for equitable access to quality education necessitate careful
consideration of inclusivity and diversity in the selection process. As educational
institutions grapple with the complexities of a rapidly changing world, striking a
balance between preserving excellence and promoting accessibility emerges as a
paramount concern. This essay explores the implications of granting premier
institutes greater autonomy, navigating the delicate equilibrium between
academic freedom and societal responsibility in addressing the evolving
challenges of the 21st century.

Tag: Issues relating to development and management of Social Sector/Services

relating to Health, Education, Human Resources.
Decoding the Question:
 In the Introduction, try to give a brief introduction about IITs and IIMs
and why they need more autonomy.
 In Body, discuss the Challenges faced by IITs and IIMs.
 In Conclusion, try to conclude with the recommendations of
the National Policy on Education (1986-1992).
Answer:
Indian Institute of Technology (IITs) and Indian Institute of Management (IIMs)
are accorded as Institute of National Importance (INI). INI is a status given to these
premier institutes because they are a pivotal player in developing highly skilled
personnel within the specified region of the country/state. But if compared with
other institutions in the world, they are ranked poorly including the prestigious
IITs and IIMs. The poor ranking of premier institutes calls for more autonomy
and power.
Problems faced by IITs and IIMs:
 A major reason cited for these excellent institutions being unable to
compete at the global level is the lack of independence and interference from
 governmental bodies/authorities in all matters relating to the functioning of
the afore-mentioned premier institutes.
 In today’s time, the syllabus for any course needs to be regularly evaluated
and modified so that it reflects recent developments and future trends.
 Procurement of different materials/objects/machinery/technology for
research purposes, upgradation of infrastructure, provision of salaries to
professors that is comparable to other international institutions so that good
talent is attracted, transparent admission process that takes in only the best
students, collaboration between industry and educational institution etc are
areas in which IITs/IIMs lack.
Reforms Needed:
 More autonomy to IIMs and IITs is needed: Autonomy implies academic
and administrative freedom which should result in the enhancement of
quality of education and achievement of academic excellence.
 Bureaucratic Interference: Bureaucratic accountability is articulated
through the misguided ‘Memorandum of Understanding’ approach which
the HRD ministry forces the IIMs and IITs to copy. Parliamentary
accountability through questions is acceptable, but CAG audit is not
enough.
 Global ranking: Reputation of global schools depends on knowledge
creation more than on knowledge dissemination i.e. R&D. On this both the
IITs and IIMs fall short.
According to the National Policy on Education (1986-1992), institutions which
have been granted autonomy status have the freedom to “determine and
prescribe their own courses of study and syllabi, and restructure and
redesign the courses. Academic independence is the major advantage of being
an autonomous institution. It is now high time that IIMs and IITs should be
allowed to retain premier status, allow more academic independence in
designing courses and decide the mode/criteria of selection of
students. Institutions which use academic and administrative freedom in a
responsible manner will flourish.
Has the Cadre-based Civil Services Organization been the cause of slow
growth in India? Critically examine. (12.5 marks, 200 words)
The cadre-based civil services system in India has long been a subject of debate
regarding its impact on the country’s growth trajectory. While proponents argue
that it ensures continuity, expertise, and efficiency in governance, critics often
point to its potential hindrances to rapid progress. The cadre system, established
during British colonial rule, allocates civil servants to specific administrative units,
fostering deep local knowledge and administrative competence. However, this
very structure has been accused of fostering bureaucratic red tape, inefficiency,
and even corruption. The rigidity of cadre-based appointments may hinder
meritocracy and innovation, perpetuating entrenched power structures and
resistance to change. Moreover, the system’s emphasis on seniority can sometimes
prioritize experience over merit, stifling fresh ideas and leadership potential.
Additionally, the highly competitive nature of the civil services examination may
limit the diversity of perspectives within the bureaucracy. While the cadre-based
system has its advantages in maintaining stability and administrative capacity, its
drawbacks in terms of agility and responsiveness to contemporary challenges
cannot be overlooked. Therefore, a critical examination of its role in India’s slow
growth is essential to discern its true impact on the nation’s development
trajectory.

Tag: Role of civil services in a democracy.

Decoding the Question:
 In the Introduction, try to write a brief introduction about CSE and
cadre-based Civil services Organizations.
 In Body, emphasis on effects of cadre-based Civil Services
Organization
 In Conclusion, try to conclude with the new cadre policy and
its importance in National Integration.
Answer:
India’s Civil Services Examination (CSE) is considered as one of the toughest of its
kind in the world. Those who clear the exam are considered the crème de la
crème of the country. Therefore, it is imperative that Designing mechanisms to
assign officers of the All-India Services to states is an important aspect of personnel
administration in the public sector which is known as Cadre allotment.
Effects of Cadre-based Civil Services Organization:
 Undermining National Unity: Due to the Cadre Allocation 2008 Policy,
distance of assigned cadre from home cadre decreases and homophily
increases with Northerners staying in Northern cadres and Southerners
staying in Southern cadres. This undermines the national
unity and integration purpose of the All-India Services.
  Correlated Preferences: Cadre preferences of exam toppers are correlated
as disadvantaged cadres (regions with foreign conflict, states with
internal political strife, and newly formed states) are consistently
ranked towards the bottom of most preference lists.
 Desire for Home Cadre: Overwhelming preference for assignments
closer to home when officers rank cadres.
 Long-Term implications of cadre allotment: According to
2ndAdministrative Reforms Commission’s Report, the 2008
Policies priorities Insiders and there is an overwhelming preference to be
assigned to one’s home state, Insiders tend to have better exam ranks than
Outsiders.
 New Cadre Allocation Policy for allocating services and cadres based on
the combined marks obtained in the CSE and the foundation
course: Articles 315 to 323 of the Constitution deal with Public Service
Commissions of the Union and the States.
The Cadre based Civil Services Organization needs reform. In this direction, New
cadre policy-zone came into effect which ensured national integration of the
bureaucracy and increased their efficiency as officers will get a chance to work in
a state which is not their place of domicile.
Two parallel-run schemes of the Government, viz the Aadhar card and NPR,
one as voluntary and the other as compulsory, have led to debates at national
levels and also litigations. On merits, discuss whether or not both schemes
need to run concurrently. Analyze the potential of the schemes to achieve
developmental benefits and equitable growth. (12.5 marks, 200 words)
The coexistence of two parallel-run schemes by the Government, namely the
Aadhar card and the National Population Register (NPR), has ignited intense
debates and legal disputes at the national level. While Aadhar operates on a
voluntary basis, NPR stands as a compulsory initiative. Evaluating their merits
raises pertinent questions about the necessity of concurrently running both
schemes. Aadhar, with its widespread adoption, offers streamlined access to
government services and welfare programs, enhancing efficiency and
transparency. Conversely, NPR aims at creating a comprehensive database for
demographic and socio-economic planning, aiding in targeted policy interventions.
However, the overlap in objectives and data collection processes between the two
schemes raises concerns regarding redundancy and privacy infringement.
Rationalizing their coexistence necessitates a thorough examination of their
developmental potentials and equitable growth outcomes. While Aadhar fosters
inclusive development by facilitating access to services, NPR’s data could
potentially aid in more targeted and effective policymaking. Therefore, a careful
analysis of their synergies and disparities is imperative to optimize their collective
potential in achieving developmental benefits and ensuring equitable growth.

Tag: Government policies and interventions for development in various sectors

and issues arising out of their design and implementation.
Decoding the Question:
 In Introduction, try giving a description about NPR and Aadhar.
 In Body, elaborate whether both schemes need to run concurrently and
highlight the potential of the schemes to achieve developmental
benefits and equitable growth.
 In Conclusion, try to conclude with suggestions like more clarity is
required for NPR or Aadhar.
Answer:
The Indian government has implemented two parallel schemes, the Aadhaar Card
and the National Population Register (NPR), with the former being voluntary and
the latter being compulsory. Aadhar and NPR have gained media mileage from the
past few days. Aadhaar is a twelve-digit number, not a card, given by the Unique
Identification Authority of India (UIDAI). The NPR is a register of the usual
residents of the country. It contains information collected at the local, subdistrict,
district, state and national level under provisions of the Citizenship Act, 1955 and
the Citizenship (Registration of Citizens and Issue of National Identity Cards)
Rules, 2003. NPR data is sent to the UIDAI for generation of Aadhaar numbers.
The differences between Aadhar and NPR are as follows:
 Aadhaar revolves around the Aadhaar number, which is similar to the social
security number in the United States, rather than the physical card itself. The
Aadhaar number is then linked to NPR, wherein the Aadhaar number is
required as part of the NPR registry.
 The NPR is compulsory, and when one applies to the NPR registry, their data
is sent to the Unique Identification Authority of India (UIDAI) for the
generation of an Aadhaar number, in case the person doesn’t already have
one.
 The need for NPR was highlighted by the Kargil Defence Review
Committee and thus NPR was born as an idea in 2003. NPR is for
the Security purpose.
 The Government has decided that the NPR enrolment will continue as
envisaged, but, if during enrolment, a person indicates that he/she is
already enrolled for Aadhaar, the biometric data will not be captured by
NPR. Instead the Aadhaar number/enrolment number will be recorded in
NPR and biometric data will be given to the NPR.
Could Aadhaar Have Been Subsumed Under the NPR?:Technically, Aadhaar
could have been subsumed under the larger NPR mechanism, thus saving time,
efforts, and expenditure. However, the linking of Aadhaar to the government-run
schemes and programs gives it a renewed and additional purpose other than that
of identification and collation of biometric data.
Benefits of Aadhaar: With Aadhaar, the government subsidies and other benefits
can be directly transferred to the deserving persons without the deployment of
intermediaries, which increases inefficiency and also reduces the inherent
economic and other inequities in society. This can lead to a more efficient use of
resources and a reduction in corruption.
While the NPR is a much-required step for the government to create a database of
Indian residents and evolve an identification mechanism, the Aadhaar card
provides developmental benefits. Both schemes are necessary for the government
to achieve its goals of equitable growth and development, and they should be run
concurrently. However, the government should also be mindful of concerns about
privacy and security and take necessary measures to protect citizens’ personal
data.
With respect to the South China sea, maritime territorial disputes and rising
tension affirm the need for safeguarding maritime security to ensure
freedom of navigation and ever flight throughout the region. In this context,
discuss the bilateral issues between India and China. (12.5 marks, 200
words)
In the dynamic geopolitical landscape of the South China Sea, tensions over
maritime territorial disputes have become increasingly pronounced, underscoring
the imperative of safeguarding maritime security to uphold the principles of
freedom of navigation and flight in the region. Amidst this backdrop, bilateral
issues between India and China have garnered significant attention, reflecting the
complex interplay of interests and concerns between the two Asian giants. The
longstanding border disputes, particularly along the Line of Actual Control (LAC),
have periodically strained relations, manifesting in skirmishes and standoffs.
Additionally, China’s assertive presence in the Indian Ocean, including its strategic
infrastructure projects in neighboring countries, has raised apprehensions in New
Delhi about encroachment on its sphere of influence. Furthermore, divergent
geopolitical alignments, exemplified by India’s deepening ties with the United
States and China’s expanding footprint in South Asia through initiatives like the
Belt and Road Initiative, contribute to the intricacy of the bilateral relationship.
Addressing these bilateral issues requires diplomatic finesse and a commitment to
dialogue, as both nations navigate their respective interests while striving for
regional stability and cooperation.

Tag: India and its neighborhood- relations.

Decoding the Question:
 In Introduction, try to give a brief description about the South China
Sea and tension going between India and China in this context.
 In Body, highlight the Bilateral issues between India and China in
backdrop of South China Sea:
 In Conclusion, try to highlight that the year 2020 marks the year of the
70th anniversary of the establishment of diplomatic relations between
China and India and both are eager to resolve their differences.
Answer:
The South China Sea is an arm of western Pacific Ocean in Southeast Asia. It
is south of China, east & south of Vietnam, west of the Philippines and north
of the island of Borneo.It is connected by Taiwan Strait with the East China
Sea and by Luzon Strait with the Philippine Sea.
Bilateral issues between India and China in backdrop of South China Sea:
 Factor in India’s own strategic calculations and strategic
debates: India’s entry into the geopolitics of the region has been welcomed
by ASEAN Nations except for China. The South China Sea is becoming a
factor in India’s own strategic calculations and strategic debates, and India
is becoming a factor in the strategic calculations of South China Sea states.
 Geopolitical Dimension: The acceptance and prevalence of the term “Indo-
Pacific” among strategic commentators as well as diplomats has
become synonymous with India’s entry into South East Asia and the
Pacific theatre. Some analysts posit that India’s involvement in the South
China Sea is reflective of Indo-Chinese Great Power rivalry.
 South China Sea and the Indian Ocean: China is not a power in the Indian
Ocean, yet it is investing diplomatically and militarily in the region to
become an influential actor in the region. So, for India, gaining access to the
 South China Sea is a way to balance China’s naval activities in Indian
Ocean.
 The South China Sea and the Indian Ocean are interrelated, and India and
China both do not want the other to increase its supremacy over any of the
two international bodies.
 The power struggle continues between the two Asian giants in these waters,
with the scales titling a little more towards China as of now.
 China has been contending that, despite the name, the Indian Ocean does
not belong to India alone. India and other countries equally argue that
the South China Sea does not belong to China alone.
 Relations between the United States and China continue to
deteriorate.
 Talk of a new realignment of forces taking place, with the U.S. and China
leading different camps. The rhetoric has begun to resemble the Cold War
era and both sides are even willing to display their military muscle.
 This places several countries, especially India, in a difficult position.
 India’s present relations with China has provided Pakistan with yet another
opportunity to fish in troubled waters, including the production of a “fake
map” of Pakistan, which includes parts of Indian territory such as Siachen,
Jammu and Kashmir and Gujarat much to India’s irritation.
 Galwan Tragedy: A “violent face-off” in the Himalayas occurred in June
2020 along the border in the Galwan Valley in Ladakh, where soldiers from
India and China have been locked in a standoff was yet another low point
between India and China relationship.
 Anti-China sentiment in India: Anti-China sentiment in India has grown,
with people calling for a boycott of Chinese products in the country. But it
will be difficult for India to suddenly sever or reduce trade and economic ties
with its neighbor.
Looking back at the past 70 years, China-India relations have moved ahead despite
wind and rain and gone through an extraordinary development path. The year
2020 marks the year of the 70th anniversary of the establishment of
diplomatic relations between China and India. The two sides agreed to hold 70
celebratory activities to demonstrate the historic connection between the two
civilizations as well as their growing bilateral relationship over the years shows
that both sides are eager to resolve their issues amicably.
The aim of Information Technology Agreements (ITAs) is to lower all taxes
and tariffs on Information technology products by signatories to zero. What
impact would such agreements have on India’s interests? (12.5 marks, 200
words)
Information Technology Agreements (ITAs) are crafted with the ambitious goal of
reducing taxes and tariffs on information technology products to zero among
participating nations. For India, such agreements carry multifaceted implications.
Firstly, as a prominent player in the global IT sector, ITAs present an opportunity
for India to significantly lower the cost of importing crucial technology
components and equipment, thereby fostering innovation and competitiveness
within its domestic market. This could lead to increased investment in the IT
sector, bolstering economic growth and employment opportunities.

However, there are potential challenges as well. While ITAs may benefit India’s IT
industry by providing access to cheaper technology, they could also intensify
competition from foreign firms, potentially squeezing out smaller domestic
players. Additionally, the elimination of tariffs could impact government revenue
streams, necessitating alternative fiscal strategies. Moreover, India’s trade
dynamics with non-signatory countries might be disrupted, necessitating careful
negotiation and management of trade relationships outside the ITA framework.

In sum, while ITAs offer India opportunities for economic advancement and
technological progress, they also pose challenges that require strategic planning
and policy responses to safeguard the interests of domestic industries and ensure
sustainable economic development.

Tag: Effect of policies and politics of developed and developing countries on

India’s interests.
Decoding the Question:
 In the Introduction, try to explain ITA, and its impact on India.
 In Body, elaborate impact of such agreements on India’s interests.
 In Conclusion, try to show that ITA will give impetus to the Make in
India Initiative.
Answer:
The Information Technology Agreement (ITA) is a significant tariff liberalization
arrangement negotiated in the WTO after its establishment in 1995; it led to the
elimination of import duties on IT products. It was reached on 13 December 1996,
through a “Ministerial Declaration on Trade in Information Technology Products”,
at the first WTO Ministerial Conference, held in Singapore.The aim of the treaty
is to lower all taxes and tariffs on information technology products by
signatories to zero. India is a signatory to the Information Technology Agreement
(ITA). India’s experience with the ITA has been most discouraging.
The impact would such agreements have on India’s interests:
  According to the Government of India, experience with the ITA has
been most discouraging, which almost wiped out the IT industry from
India. The real gainer from that agreement has been China which raised
its global market share from 2% to 14% between 2000-2011.
 While India promised to lower its tariff and bring them down to zero in the
information technology products under the Information Technology
Agreement in 1997, However, it has been taking the argument that the
scope of the Agreement back in 1997 was limited and the duties imposed
do not cover those products. India had explained that the IT goods in
question do not fall under ITA. It had all along maintained that IT and
telecom technologies have evolved with new applications and equipment
which were neither existent nor even conceived at the time of signing the
ITA-I in December 1996.
 The technology has evolved far too much after the agreement was
negotiated. It was expanded in 2015 to make its scope more inclusive
and India decided to keep itself away from this expansion and new
obligations which came with it.
 India, which is a signatory to the ITA, is required to eliminate tariffs on a
range of products, including mobile phones. The customs duties on IT
products are inconsistent with the commitments India undertook to
eliminate tariffs in the ITA.
 Besides, the Information Technology Agreement will make India
vulnerable to dumping of cheap products which was witnessed in Steel
sector.
Considering recent measures taken by the Government of India to build a sound
manufacturing environment in the field of Electronics and Information
Technology, this is the time to incubate Make in India industry rather than expose
it to undue pressures of competition. Accordingly, and keeping in view the opinion
of the domestic IT industry, it is better to not participate in the ITA expansion
negotiations for the time being.
Some of the International funding agencies have special terms for economic
participation stipulating a substantial component of the aid used for
sourcing equipment from the leading countries. Discuss the merits of such
terms and if, there exists a strong case not to accept such conditions in the
Indian context. (12.5 marks, 200 words)
International funding agencies often impose special terms for economic
participation, requiring a significant portion of the aid to be allocated for sourcing
equipment from leading countries. Proponents argue that such conditions can
offer several merits. Firstly, by sourcing equipment from technologically advanced
nations, recipient countries can access high-quality goods, potentially enhancing
project efficiency and effectiveness. Additionally, it may facilitate knowledge
transfer and skill development as recipients engage with cutting-edge
technologies. Moreover, aligning with leading countries for equipment
procurement can foster international partnerships, paving the way for future
collaborations and investments. However, in the Indian context, there exists a
compelling case to question the acceptance of such conditions. India boasts a
burgeoning domestic manufacturing sector and technological prowess in various
fields. Insistence on sourcing equipment solely from leading countries may
undermine the development of indigenous industries and technological self-
reliance. Furthermore, it may perpetuate dependence on foreign markets and
hinder efforts towards fostering innovation and economic sovereignty. Hence,
while such terms may offer short-term benefits, they may not always align with the
long-term developmental goals and strategic interests of India.

Tag: Important International institutions, agencies and fora – their structure,

mandate.
Decoding the Question:
 In the Introduction, try to give a brief description about International
funding agencies and aid offered by them.
 In Body, elaborate impact of aid from the International funding
agencies in India.
 In Conclusion, try to conclude that India changed its position from a
receiving country to a donor country.
Answer:
International funding agencies are known for the generous foreign aid which
includes international transfer of capital, goods, or services for the benefit of the
recipient country or its population. Aid can be economic, military, or emergency
humanitarian (e.g., aid given following natural disasters). Though the aid seems
beneficial for the receiving country, many times donor countries or Organization
interest is more prevalent than the receiving country.
For India, aid from International funding agencies have the following
impacts:
  During the LPG reform in 1991, for India, the immediate response was to
secure an emergency loan of $2.2 billion from the International Monetary
Fund (IMF) by pledging 67 tons of India’s gold reserves as collateral. India
had to agree with the series of large-scale reforms then began under the
IMF’s structural adjustment programme (SAP).
 The most common type of foreign aid is official development assistance
(ODA), which is sometimes channeled through international organizations
and nongovernmental organizations (NGOs). But a report from Intelligence
Bureau accused NGOs such as Greenpeace, Cordaid, Amnesty, and Action Aid
for reducing India’s GDP by 2-3% per year.
 Although traditionally considered largely as a recipient of foreign aid, India
in the last decade has increasingly transitioned toward becoming an
“emerging donor” country. As an emerging donor, India’s new aid policy
was far from unique in that it was driven not by pure altruism, but
primarily from the domestic and international political and economic
benefits that would accrue from it.
 International Development Association (IDA), part of the World Bank, is one
of the largest sources of assistance for the world. IDA help to India during
economic reforms 1991 has helped to restructure the economy as,
India is not a member of the Development Assistance Committee, which includes
World’s major donor countries. Despite that, India has recorded donations to
various countries. The Indian model of developmental cooperation
is comprehensive and involves multiple instruments, including grant-in-aid,
line of credit and capacity building, and technical assistance. Depending on
the priorities of partner countries, India’s development cooperation ranges from
commerce to culture, energy to engineering, health to housing, IT to infrastructure,
sports to science, disaster relief, and humanitarian assistance to restoration and
preservation of cultural and heritage assets.
India has recently signed to become a founding member of the New
Development Bank (NDB) and also the Asian Infrastructure Investment Bank
(AIIB). How will the roles of the two Banks be different? Discuss the strategic
significance of these two Banks for India. (12.5 marks, 200 words)
India’s recent decision to join as a founding member of both the New Development
Bank (NDB) and the Asian Infrastructure Investment Bank (AIIB) underscores its
commitment to bolstering global economic cooperation and development
initiatives. While both banks share the common goal of financing infrastructure
and development projects, they differ significantly in their operational
frameworks and strategic focus. The NDB, established by the BRICS nations (Brazil,
Russia, India, China, South Africa), emphasizes funding projects in emerging
economies, particularly in sectors like energy, transportation, and sustainable
development. In contrast, the AIIB, with a broader membership including several
Asian and non-Asian countries, prioritizes infrastructure investment across Asia,
aiming to address the region’s growing development needs.

For India, participation in these institutions carries immense strategic significance.

As a founding member of the NDB and AIIB, India gains access to substantial
funding for its infrastructure projects, contributing to its ambitious development
agenda. Moreover, membership in these banks amplifies India’s voice in shaping
the policies and priorities of these institutions, enabling it to advocate for its
interests on a global platform. Additionally, by engaging closely with other
member countries, India can forge stronger economic and diplomatic ties,
fostering regional cooperation and stability. Overall, India’s involvement in the
NDB and AIIB not only facilitates its own development but also strengthens its
position as a key player in shaping the future of global finance and infrastructure
development.

Tag: Bilateral, regional and global groupings and agreements involving India
and/or affecting India’s interests.
Decoding the Question:
 In the Introduction, try to write briefly about AIIB and NDB.
 In Body, Discuss the roles of both AIIB and NDB and mention how it is
different.
 Write the strategic significance of these two Banks for India.
 In Conclusion, try to conclude by writing about the overall importance
of AIIB and NDB.
Answer:
The need for the creation of new banks reflects the reality of a diverse and more
complex world order, in which a Western-centric, “one size fits all” approach is
no longer tenable. In mid- 2015 two multilateral development banks headed by
emerging economies, the Asian Infrastructure Investment Bank (AIIB) and the
New Development Bank (NDB, also known as the BRICS bank). While the AIIB is
headed by China and backed by a founding shareholder membership of 57
countries, the NDB is operated on an equal basis between the BRICS nations –
Brazil, Russia, India, China, and South Africa.

The Role of AIIB and NDB:

Asian Infrastructure Investment Bank (AIIB): The Asian Infrastructure
Investment Bank (AIIB) is a multilateral development bank headquartered in
Beijing.
 Its mission is to improve social and economic outcomes in its region,
Asia, and beyond.
 The bank’s priorities are projects that promote sustainable infrastructure
and support countries that are striving to meet environmental and
development goals.
 It funds projects linking countries in the region and cross-border
infrastructure projects for roads, rail, ports, energy pipelines, and telecoms
across Central Asia and maritime routes in South East and South Asia and the
Middle East.
 Its priorities also include private capital mobilization and encouraging
partnerships that stimulate private capital investment, such as those with
other multilateral development banks, governments, and private
financiers.
New Development Bank (NDB): In the 2013 annual summit in Durban, South
Africa, the BRICS countries: Brazil, Russia, India, China, and South Africa agreed to
establish the BRICS Development Bank, which soon became known as the New
Development Bank (NDB).
 At the summit, a Declaration and Action Plan was
created, which asserted that the NDB would be set up in order to
provide resources for infrastructure projects and sustainable
development initiatives in the BRICS as well as other emerging and
developing economies.
 The NDB plans to work alongside local and regional financial institutions
to promote growth and development.
 The NDB is increasingly being viewed as a counterweight to Western-led
global-development institutions such as the International Monetary Fund
(IMF) and the World Bank
Despite the differences, both institutions were set up out of a shared frustration
with existing multilateral lending forums, whose voting structures are stacked
against emerging markets.

Strategic Significance of these Both Banks for India:

  It is said that AIIB and NDB are strategically up against USA dominated
World Bank and IMF to Challenge their dominance, but, for India Strategic
significance of these two Banks are Immense.
 For India, AIIB and NDB may have a significant impact on the energy choices
available by lifting Western-imposed constraints on how the World Bank
lends.
 India is the second-largest stakeholder in the AIIB and the NDB, both of
which are likely to be important lenders for the projects envisaged as a part
of the OBOR strategy. Thus, creating a check and balance for China.
 The NDB has so far approved 18 projects in India, including emergency loans
of $2 billion to support health spending and economic recovery in the
aftermath of the COVID-19 pandemic.
 Recently, The New Development Bank of the BRICS countries has fully
disbursed a USD one billion emergency assistance loan to India to help it
contain the spread of COVID-19 and reduce human, social and economic
losses caused by the coronavirus pandemic.
The AIIB and NDB showcase how developing nations can effectively channel their
increasing strengths to global development goals, as well as promoting new norms
of shared leadership and responsibility in the advancement of, rather than in
contradiction to, the existing international order. The new banks can act as
catalysts for the international financial system reform and make traditional MDBs
more responsive to the needs of developing countries.
WTO is an important international institution where decisions taken affect
countries in a profound manner. What is the mandate of WTO and how
binding are their decisions? Critically analyse India’s stand on the latest
round of talks on Food security. (12.5 marks, 200 words)
The World Trade Organization (WTO) stands as a pivotal international institution,
wielding significant influence over global trade policies and regulations.
Established in 1995, its mandate encompasses the facilitation of international
trade by establishing rules, resolving disputes, and negotiating agreements among
member countries. The decisions made within the WTO hold considerable weight,
as they can profoundly impact the economic well-being of nations across the globe.
However, the binding nature of these decisions is subject to the consensus among
member states, allowing for a degree of flexibility and negotiation.

India’s stance on the latest round of talks on food security within the WTO reflects
its commitment to safeguarding the interests of developing nations. Particularly,
India has advocated for measures that protect the food security programs crucial
for its large population. These discussions have revolved around issues such as the
amendment of WTO rules to accommodate developing countries’ food stockpiling
programs without facing punitive measures for breaching subsidy limits. India’s
stance underscores the importance of balancing trade liberalization objectives
with the need to address the developmental needs and sovereign rights of member
states, particularly those with significant agricultural sectors. The critical analysis
of India’s position highlights the intricate interplay between trade liberalization
and national development priorities within the WTO framework.

Tag: Important International institutions, agencies and fora – their structure,

mandate.
Decoding the Question:
 In Introduction, try to brief about the background of WTO.
 In Body,
 Write the mandate of WTO and how binding its decisions are.
 Mention India’s stand on the latest round of talks on Food security.
 In Conclusion, try to suggest the way forward for India.
Answer:
World Trade Organization (WTO), international organization established to
supervise and liberalize world trade. The WTO is the successor to the General
Agreement on Tariffs and Trade (GATT), which was created in 1947. The WTO is
run by its member governments. All major decisions are made by the
membership, either by ministers (who meet at least once every two years) or by
their ambassadors or delegates (who meet regularly in Geneva). Decisions are
normally taken by consensus.
The mandate of WTO:
  Settlement: The WTO is responsible for overseeing the rules of
international trade. It exchanges information/arguments and provides
incentives for parties to come to a mutually agreed settlement.
 Rebalancing: If one party violates, another should not be obliged to
continue to perform its obligation to ensure fairness and reciprocity.
 Compensation: It repairs the damage caused by the breach to victims of the
beach.
 Compliance: It also facilitates trade negotiations among its 164 members,
up from 123 in 1994, and brings about conformity with the rules.
 Clarification: It clarifies the rules to facilitate compliance or settlement in
the specific case, as well as to guide future conduct.
 Deterrence/Punishment: The organization also monitors the
implementation of trade agreements, produces research on global trade and
economic policy, and serves as a forum for settling trade disputes between
countries, which deter future violations of the law.
 In its two and a half decades, it has helped reduce barriers to trade of both
goods and services and created a dispute resolution system that supporters
say reduced the threat of trade wars.
How Binding are their Decisions?
 It is a legally binding treaty squarely within the wider corpus of international
law. As compared to the original GATT, the WTO has legalized the rules as
part of public international law.
 The WTO is run by its member governments. All major decisions are made
by the membership, either by ministers (who meet at least once every two
years) or by their ambassadors or delegates (who meet regularly in
Geneva).
India’s Stand on the Latest Round of Talks on Food Security:
 At the WTO Ministerial Conference in Bali in 2013, India with other
developing countries had succeeded in formulating an interim due restraint
mechanism for their food security programmes not to be targeted by WTO
dispute settlement cases initiated by developed countries.
 According to the WTO rule, public stockholdings must not exceed 10% of the
value of foodgrains produced and calculated at the base price of 1986-88.
You cannot calculate current food subsidy limits by 1986-88 prices. That
beats all logic.
 For most of the developing countries (including India) public stockholding
for food security is a livelihood issue and a matter which should not be even
debated at WTO.
 India took a firm stand on not compromising its food security and advocate
for setting up a work programme for finding a permanent solution on the
 food grain stockpile issue should be the prerequisite for approving the trade
facilitation agreement (TFA).
 It also clarified, the interim Peace Clause will continue to be in place, which
provides protection against the WTO farm caps until a permanent solution
is found.
 India hardened its stance on agriculture subsidies and food security and did
not support the trade facilitation agreement in its key forms.
 India’s hold on the implementation of the Trade Facilitation Agreement was
an unfavorable outcome, but India needs to ensure its food security
programs and the food grains procurement schemes.
India should continue with its stand at the WTO to demand a permanent
solution to the issue of public stockholding before the protocol on trade facilitation
is signed. It should also resist efforts to dismantle the existing in-kind PDS; on the
contrary, it should make every effort to strengthen it.