P-P & P-M TEST-2 | MODEL ANSWER | 1

P-P & P-M TEST-2

Model Answer

DELHI CENTRE:
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1. How far do you think cooperation, competition, and confrontation have shaped the nature of federation in
India? Cite some recent examples to validate your answer. (Answer in 150 words) 10 Marks
According to Granville Austin, the Constitution of India is the embodiment of cooperative federalism, essentially defined by
administrative cooperation between the Centre and the States. However, the evolution of the nature of federation in India
has been not just about cooperation but rather a mix of cooperation, competition, and confrontation between the States and
the Centre.
COOPERATIVE FEDERALISM
1. Cooperative federalism has ensured that states can function with autonomy, and work towards their
developmental goals with the center complementing states' efforts.
2. Cooperative federalism has been the hallmark of Indian federalism since the constitution came into force as
can be seen through the following example:
a. All India Services under Article 312, where both center and states utilize the same set of officers who
serve as the backbone of administration,
b. Inter-State council under Article 263 to discuss issues of common interest between center and state,
c. GST council under Article 279A where both center and states came together to levy taxes,
COMPETITIVE FEDERALISM
1. Competitive federalism, though not a new phenomenon, has intensified in recent years, especially after the
constitution of NITI Aayog. Competitive federalism is encouraging healthy competition among states to
achieve better development goals.
2. Some examples of competitive federalism are:
a. Investment summits are organized by various states.
b. Through various programs like the Aspirational District program and various rankings like SDG
ranking, composite water management index ranking, India innovation index, etc, NITI Aayog is
fostering competitive federalism.
c. By providing performance-based incentives to states on various parameters like DBT implementation,
waste management, and educational outcomes, the 15th finance commission is also encouraging
competitive federalism.
CONFRONTATIONAL FEDERALISM
1. A number of emerging political, economic, and institutional factors led to the federalization of national
politics in the late 1980s. The supreme court judgment in the SR Bommai case deepened the federal design
with states now granted immunity from the arbitrary exercise of powers under Article 356. The confrontation
has ever since shaped the federal relations between the Union and the states.
2. Some areas where this confrontation can be seen are:
a. States have expressed reservation over the misuse of the Concurrent List by the Centre to usurp the
exclusive domains of States. Ex: the passage of 3 Farm Bills by Centre
b. There have been growing instances of states challenging central statutes under Article 131. Eg: The
Kerala government moved against CAA.
c. The use of provisions of cess and surcharge to reduce divisible pool (15% in 2019 vis-a-vis 6% in 2011),
centrally-sponsored schemes, and differential interest rates for centers and States.
The way forward to strengthen the federal structure in India is Collaborative Federalism, where the Centre and States work
in tandem within their exclusive domains and complement each other’s works. Implementation of recommendations of the
Punchhi and Sarkaria Commission can also improve the condition and prevent disputes.
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2. ‘The Governor's office is neither decorative nor inconsequential, it assumes a constitutional role of
profound essence’ To what extent does the Governor, actively contribute to the governance of a state and
reinforce the principles of federalism in the country? (Answer in 150 words) 10 Marks
The executive power of the State Government is vested in the office of the Governor under Article 153 of the Constitution.
According to Dr. Ambedkar, though the Governor is merely a nominal head and there are no functions that he can discharge
by himself, there are certain duties under the Constitution that the Governor has to perform to strengthen federalism and
ensure good governance.
ROLE OF GOVERNOR IN GOVERNANCE AND STRENGTHENING OF FEDERALISM
1. Appointment of State Executive: Governor as the constitutional head of the State appoints the Chief
Minister and his Council of Ministers. In the case of a hung assembly, it is the constitutional duty of the
Governor to ensure a stable and widely popular Government in place.
2. Ensuring Compliance with Central Executive Direction: Governor ensures that constitutional and policy
directions from the Centre are followed in the state for effective governance and strengthening federalism.
3. By Submitting Periodic Reports to the Center: Governor submits periodic reports to the central
government in order to ensure governance in the state is carried out in accordance with the provisions of
the constitution.
4. By Assuming Powers during Constitutional Breakdown: During the President's rule under Article 356, all
the powers of the state are vested in the governor to avoid a governance vacuum.
5. By Acting as Linchpin of Federation: Governor acts as the common link between the State and Union
Government to promote cooperative federalism. He ensures that the state's perspective and concerns are
effectively represented at the Central Level.
6. Dispute Resolution: Governors often play a very crucial role in mediating issues that are a point of
contention between the Centre and States. For e.g., in the recent Belgaum Border Issue, the Governors of
Maharashtra and Karnataka ensured dialogue between the two States.
7. Ensuring Governance in Scheduled Areas: Governors in Scheduled Areas have an additional responsibility
to ensure that certain rules, acts, and provisions are implemented in consonance with the socioeconomic,
cultural, and political conditions of the area.
8. Bills Consideration: According to Article 200, when a Bill passed by the Legislature of a State is presented
to the Governor, he can not only assent or withhold assent or return bill but also can preserve it for the
president’s consideration. This ensures that there is no rushed up legislation in the State Legislature.
ISSUES IN THE FUNCTIONING OF THE OFFICE OF THE GOVERNOR
1. Biased and Partisan Functioning: Appointment of retired politicians and bureaucrats aligned with the
ruling party at the Centre as Governors who often Act as agents of the Centre, especially in opposition-ruled
States.
2. Interference with State Executive: Despite clear expectations of the Constitution and judicial
pronouncements such as Nebam Rabia Judgement 2016, there are instances when the Governors have
hindered the functioning of the State Government.
3. Misuse of Article 356: The President imposes State Emergency on the advice of the Governor and his
report. This has often led to the misuse of Article 356 to destabilize the Government in opposition-led States.
For e.g., SC flagged this in S.R. Bommai Case, 1994.
4. Stability of Government: Recent examples of Madhya Pradesh, Maharashtra show that Governors play a
very biased role to use power and discretion to form Government in favor of a particular party.
5. Delay in Functioning: SC in the recent A.G. Perarivalan Case, 2021, stated that Governors have often been
delayed in performing their Constitutional role and duties which is against the basic principle of justice,
equality.
6. Consideration of Bills: There are instances where Governors inadvertently delay the passage of Bills by
either withholding their assent or reserving the Bill for consideration by the President. For e.g., Jallikattu
legislation by Tamil Nadu.
However, despite challenges the post of Governor remains instrumental in ensuring effective governance and strengthening
the federal character of the country. Systemic reforms like the method of appointments and security of tenure as recommended
by the Sarkaria Commission can further help governors to ensure a fair, transparent, and effective functioning in the office.
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3. 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 un-codified and un-enumerated privileges to continue. Assess
the reasons for the absence of legal codification of the ‘parliamentary privileges’. How can this problem be
addressed? (Answer in 150 words) 10 Marks
Parliamentary privileges are defined under Article 105 of the Indian Constitution. The members of the Parliament enjoy
various privileges that are necessary for the functioning of proceedings and deliberations in the parliament in a disciplined
and undisturbed manner. These privileges are enjoyed by both the members as well as the committees of the Parliament.

WHAT ARE THE REASONS FOR THE ABSENCE OF LEGAL CODIFICATION OF PRIVILEGES?
1. The Constitution which is the source of all privileges conspicuously allowed the privileges of the House
of Commons to continue in the same form for the Indian Parliament. This tradition continued and privileges
remained uncodified.
2. There is a certain reluctance on the part of the legislators to keep privileges uncodified. Codification of
privileges will make them subject to judicial review and restrict their application.
3. As stated by the Supreme Court in P.V. Narasimha Rao vs. State JMM Boundary Case, the freedom of
speech given to members and committees of Parliament is absolute and not restricted by the restrictions of
Article 19(2). This is a legal constraint on codification as differentiation is difficult.
4. Parliament enjoys the privilege to punish a person for its contempt. Codification of this privilege will be
against the principle of Separation of Powers. Therefore, uncodified privileges help maintain this principle.
5. Uncodified privileges allow flexibility to the members to adapt to the changing dynamics of society.
Codification might restrict this flexibility.
6. A single code of privileges is to be made applicable to Parliament as well as State Legislatures to prevent
ambiguities. This is a difficult task considering different parties ruling different States.

SEVERAL INSTANCES HAVE CALLED FOR THE CODIFICATION OF PRIVILEGES

1. The Constitution confers this power to legislatures with the idea of protecting freedom of speech in the
House but it is often used to insulate elected members from fair criticism.
2. Courts are prohibited to inquire into proceedings of the house & thus it often leads to abuse of authority.
The Legislature, through its own Privilege Committee, is the sole judge in these matters.
3. For e.g., in 1977, the 6th Lok Sabha expelled Mrs. Indira Gandhi from its membership and sentenced her to
jail for a week for committing contempt of the House while she was Prime Minister.
4. In 2017, two editors of a tabloid were imprisoned for 1 yr and fined Rs. 10,000 for alleged contempt of the
Karnataka Assembly by publishing unfair criticism of the House.
5. Recently, the breach of privileges is used to suspend MPs from the House which leads to the
disenfranchisement of the constituencies that they belong to.

HOW TO ADDRESS THIS PROBLEM?

1. The legislature must invoke this power sparingly, mainly to protect the independence of the House and not
to take away the liberty of critics.
2. Legislatures should clarify facts and refute misconceived criticism instead of using the recourse of seeking
imprisonment for contempt.
3. A proper codified law should be passed by the Parliament, defining when and where to use this power
and also limiting the power of penal action to fines only.
4. Use of this power should be brought under judicial purview and appeal should lie in High Courts or
Supreme Courts.
5. In the case of discussions on Bills which house things that can bring huge criticism but are exigency of the
hour, it shall take recourse to the provision of “Secret Sitting” instead of using this extraordinary power
afterward.
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6. Justice M.N. Venkatachaliah heading the Constitution Review Commission also recommended defining
and delimiting the privileges for the free and independent functioning of the legislature.
7. The Supreme Court in Keshav Singh’s Case held that any conflict arising between the privileges and the
fundamental rights would be resolved by adopting harmonious construction.
It is the duty of the Parliament not to violate any other rights which are guaranteed by the Constitution. The members
should also use their privileges wisely and not misuse them. The Parliament cannot adopt every privilege that is present in
the House of Commons but should adopt only those privileges which accordingly suit our Indian democracy.

4. Unlike Rajya Sabha, the desirability of a second chamber at the state level is often questioned on various
grounds. Explain. (Answer in 150 words) 10 Marks
The Government of India Act, of 1935 established bicameral legislatures at the Provincial Level. As per Article 169
Parliament may by law, abolish or create the Legislative Council of a State if the Legislative Assembly of the State passes a
resolution to that effect. Currently, six states, i.e., Bihar, Uttar Pradesh, Maharashtra, Andhra Pradesh, Telangana, and
Karnataka have a Legislative Council.
WHY DESIRABILITY OF THE SECOND CHAMBER AT THE STATE LEVEL IS QUESTIONED
While the Rajya Sabha is the mandatory house as per Article 79 of the Constitution and has equal powers with
respect to ordinary and constitutional amendment bills, it also has certain special powers as per Article 249 and
312 and represents states of the union in a federal polity. Legislative council's desirability is often questioned
because unlike Rajya Sabha it does not serve any real purpose as can be seen from the following arguments:
1. Not an Effective Chamber: The Legislative Assembly can pass a Bill with or without the recommendations
of the Legislative Council, therefore there is no real authority available with the Councils.
2. No Effective Delay: The role of Councils in preventing hasty and ill-conceived legislation can be easily
performed through the office of the Governor under Article 201 of the constitution.
3. Providing Space to Defeated Candidates: This practice denies effective representation to people who are
from diverse backgrounds as envisaged originally by the Constitution. For e.g., in the UP Legislative
Council, all 10 nominated members belong to the ruling party.
4. Ditto Chamber: More often than not, the members of the Councils owe their allegiance to one party or
another. This makes the councils a ditto copy of the Assemblies.
5. Burden on the Exchequer: For e.g., Rajasthan Government told the Standing Committee of the Parliament
that to establish a Legislative Council, an additional Rs. 100 crore is required, with a recurring expenditure
of Rs. 30 crore approximately.
6. Federal Issue: For example, a Bill on the abolition of the Tamil Nadu Legislative Council has been pending
in Parliament since 2010, owing to internal State politics which led to the first formation and then abolition
of the Council.
7. Representation to Graduates: The number of graduates was quite low in the early times of independence.
However, graduates are no longer a rare breed; also, with dipping educational standards, a graduate degree
is no guarantee of any real intellectual heft.
However, despite these drawbacks in states, it is present in this body that acts to prevent the hasty passage of
bills, to take considered views on issues without sensationalizing the issues, and reduce the burden on
assemblies.
WAY FORWARD
1. The Parliamentary Committee recommended the formulation of a National Policy for the formation and abolition of
Councils based on the size and level of decentralization in the States.
2. The representation of the Councils should be reviewed according to the current scenario of politics. Moreover,
Panchayats must be given adequate representation.
3. Debates in Legislative Councils must be open to the public to have more engagement of citizens.
4. NCRWC recommended setting up a minimum number of sitting days for State Legislatures including Legislative
Councils.
5. Political people should not be elected or nominated on the seats reserved for academicians, graduates, teachers, or people
of eminent experience.
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5. Examine the role of the Inter-State Council in promoting vertical (Centre-State) and horizontal (Inter-State)
Intergovernmental cooperation and coordination. (Answer in 150 words) 10 Marks
Article 263 provides for the establishment of an Inter-State Council (ISC) “if at any time it appears to the President that the
public interests would be served by the establishment of such council”. This was done in 1990 when the ISC was given
permanent status by a presidential order on recommendations of the Sarkaria Commission. The Council has established with
the Prime Minister as the Chairman.

ROLE OF INTER-STATE COUNCIL IN PROMOTING VERTICAL COOPERATION

1. Cooperative Federalism: ISC provides a strong institutional framework to promote and support
cooperative federalism by providing recommendations for better policy coordination.
2. Dispute Resolution: ISC provides a strong platform for discussion and resolution of disputes between
States and the Centre over policies, administrative decisions, etc.
3. Issues Discussion: ISC deliberates on issues where the Centre and States have common interests.
a. For e.g., ISC in 2001 took a decision to establish a National Commission to Review the Working of the
Constitution (NCRWC) which was subsequently established under the Chairmanship of Justice M.N.
Venkatachaliah in 2001.
4. Implementation of Commission Recommendations: The ISC plays a crucial role in deliberating and
implementing recommendations of the Sarkaria and Punchhi Commission to strengthen federalism and
improve Centre-State relations.
5. Advisory Role in Policy Formulation and Execution: For e.g., ISC makes recommendations on issues such
as Centre-State financial relations, sharing of resources, planning and development, and administrative
reforms. These recommendations have the potential to shape policies.
6. Regional Imbalances: ISC can address regional imbalances by focusing on the development of backward
regions and underserved areas. Through consultations and policy recommendations, the council can
encourage states to collaborate in uplifting economically weaker regions and promoting inclusive growth.

ROLE OF INTER-STATE COUNCIL IN PROMOTING HORIZONTAL COOPERATION

1. Inter-State Water Dispute: For e.g., in the Cauvery River Water Dispute, ISC provided a platform for
Karnataka, Tamil Nadu, and Kerala to discuss issues, and requirements in sharing arrangements and come
up with an amicable solution.
2. Policy Coordination: For e.g., ISC’s 2022 meeting discussed the cooperation between various backward
districts under the Aspirational District Programme which required coordination between States.
3. Sharing of Best Practices: ISC provides a platform for states to share their best practices, successful policies,
and innovative initiatives. For e.g., in the recent ISC meeting, Ryutu Bandhu was discussed as a model for
supporting agricultural investment by farmers.
4. Information Sharing: For e.g., to reduce cross-border crimes and the movement of criminals from one State
to another, an integrated digital information-sharing platform can be established as a wing under ISC.
5. Promoting Participation of Regional Parties: ISC provides a platform for regional parties to take
participation in policy formulation, implementation, and monitoring.
6. Collaborative Projects: ISC may identify areas of collaboration and cooperation among states in sectors such
as infrastructure development, agriculture, tourism, etc.
ISSUES WITH ISC
1. According to the 1990 Presidential Order, ISC was mandated to meet at least thrice every year, but to date,
only 11 meetings have been held.
2. Despite several issues between the Centre and States like the NEET issue, Agnipath Scheme, and the
deepening tussle between States and Governors, no ISC meeting was called to discuss such contentious
issues.
3. In 2020, Justice AP Shah mentioned that ISC has become obsolete and redundant which is a violation of
the spirit of Article 263 of the Constitution.
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4. The terms of reference of ISC are restricted to only a few issues that restrict its scope.
5. Unlike the GST Council, there is no innovative voting pattern which makes it difficult to arrive at decisions.

WAY FORWARD
1. There should be regular meetings of the Council without gaps. For e.g., there was a gap of 11 years between the 10th
and 11th meetings of ISC.
2. The Council’s term of reference should be wide embracing the entire scope of clauses (b) and (c) of Article 263. For e.g.,
the 11th ISC meeting in 2016 was given the task to discuss Aadhaar, DBT, Quality of Education in States, and Internal
Security.
3. Without an independent permanent secretariat, the Council will not be able to establish its integrity, therefore an
independent Council must be provided to ISC.
4. In addition to a Chairman, there should be a Vice-Chairman of the Council who shall be Chief Minister of the State
with a rotating term of 1 year.

6. Critics assert that limitless judicial authority rests on the structural ambiguity of the basic structure
doctrine. Has the elastic nature of the basic structure doctrine made the judiciary more powerful than the
executive? (Answer in 250 words) 15 Marks
The basic structure doctrine was given by the Supreme Court in the Kesavananda Bharati case of 1973 in order to limit the
amending powers of the legislature. While the court held that parliament can amend any part of the constitution, however,
this can only be done without destroying the “basic structure” of the constitution which was not defined.
Due to a lack of a proper definition of what constitutes basic structure, critics have argued that the judiciary has assumed
limitless powers. The elastic nature of the doctrine not only provides unchecked powers to the judiciary but also violates the
idea of separation of power.

THE ELASTIC NATURE OF THE BASIC STRUCTURE DOCTRINE MADE THE JUDICIARY MORE
POWERFUL THAN THE EXECUTIVE
1. Judicial Overreach: The Courts have sometimes breached into domains that were exclusively maintained
for the executive. For e.g., in Vishakha Judgement, Supreme Court issued guidelines for the prevention of
sexual harassment which is the exclusive domain of the legislature.
2. Tyranny of Unelected: The judiciary sometimes declares laws passed by the Parliament or Assemblies for
being violative of the Basic Structure. This leads to a conflict between the 3 organs of the Government
which hampers the functioning of the Government. For e.g., NJAC was declared unconstitutional by the
Supreme Court.
3. Creating a Parallel Power Center: The doctrine has made the judiciary as a parallel power center by having
the final say on any law passed by the Parliament or State Legislature or any order issued by the Centre
or State Government. This has led to a multiplicity of cases against the State in the Courts.
4. Violation of Separation of Power: The doctrine has enabled the judiciary to reject or amend laws to the
extent to which it finds the law ultra vires to the constitution. This has enabled the judiciary to have
overriding power over the other organs of the State. For e.g., Supreme Court declared several provisions of
the Aadhaar Act, 2016 as unconstitutional and void.
5. Expansion of Basic Structure: The ever-expanding definition of the “Basic Structure” allows the judiciary
to expand its jurisdiction. The power of judicial review, Article 141, 142, 139 gives immense powers to the
judiciary to interfere in almost all affairs.
6. Suo Motu Cognizance: PIL and the principle of “locus standi” allows the Supreme Court to issue suo motu
notices on several issues. This often interferes with the working of the day-to-day affairs of the
Government. For e.g., recently a PIL was filed to declare the CSAT paper invalid which interfered with the
whole examination process.
7. Lack of Expertise: There are instances where the Supreme Court issued orders without understanding the
implications of those orders. This is due to the lack of domain experts in the judiciary.
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a. For e.g., In Swaraj Abhiyan vs UOI Case, the Supreme Court ordered the creation of the National
Disaster Mitigation Fund. Three months later the Finance Minister expressed the difficulty of creating
a third fund out of the National Disaster Response Fund and State Disaster Response Fund given the
passage of the Appropriation Bill already being done.
8. Public Trust: Over-powerful judiciary often leads to the Decimation of ‘trust’ between different organs
which is highly detrimental to public welfare.

JUDICIOUS USE OF BASIC STRUCTURE BY THE JUDICIARY

1. Regardless of the accusations made against the judiciary for frequent use of basic structure doctrine,
Judiciary has so far used this doctrine in only six cases to declare a law ultra vires.
2. The judiciary has been extremely careful in using this doctrine to declare a law ultra vires. For example, in
the Janhit Abhiyan case, the Court held that reservation structured singularly on economic criteria does not
cause any damage to the basic structure of the Constitution, and therefore, the 103rd Amendment cannot be
said to breach the basic structure.
3. Moreover, Supreme Court has not yet invalidated a constitutional amendment on the ground of violation
of basic features, other than judicial independence.
4. The court is also aware of limitations placed upon it as observed by it in DM, Aravali Golf Course vs
Chander Haas. The court observed Judges must know their limits, and must not try to run the government.
They must have humility and modesty, and should not behave like emperors.
It is true that there are instances of judicial overreach in certain cases, however, by and large, the court is cautious enough
in its use of basic structure doctrine. The ambiguity with regards to its definition is not intended to acquire more powers for
itself but to accommodate the changing socio-economic and cultural conditions so that the Constitution remains a living
document.

7. To what extent parliamentary committees have been effective in ensuring the accountability of the
executive? Justify your answer. (Answer in 250 words) 15 Marks
Parliamentary Committees (DRSCs) draw their authority from Article 105 (on privileges of Parliament members) and
Article 118 (on Parliament’s Authority to make rules for regulating its procedure and conduct of business). They help in
the true realization of the essence of Article 75(3) and Parliamentary Democracy.

EFFECTIVENESS OF PARLIAMENTARY COMMITTEES IN ENSURING ACCOUNTABILITY OF

EXECUTIVE
1. Examination of Bills: Parliament Committees, examine Bills, and policies of the Government. Committees
allow for more informed debate in Parliament with inputs from citizens and experts.
a. The Standing Committee on Health made recommendations on the National Medical Commission
Bill, 2017 which led to many amendments in the 2019 Bill including removing the provision for allowing
a bridge course for AYUSH practitioners.
2. Budgetary scrutiny: The Public Accounts Committee (PAC) and Estimates Committee provide post-
Budget scrutiny of the Budget. The report of the Public Accounts Committee (PAC) in 2015 played a vital
role in the investigation of the 2G Scam.
3. Department-Related Standing Committees: There are 24 DRSCs that oversee the work of ministries, they
examine the Budget of the ministries, and study demands to examine the trends in allocations, spending
by the ministries, utilization levels, and policy priorities.
a. In the 16th Lok Sabha, DRSCs examined 41 Bills, 331 Demands for Grants, 197 issues, and published
503 Action Taken Reports.
4. Examination of Schemes: DRSCs also highlight lacuna and gaps in schemes and their implementation. For
e.g., the Standing Committee on Water Resources highlighted that almost 49000 rural habitations are
affected by contaminated water.
5. Undertaking Physical Monitoring: For e.g., the Standing Committee of Home Affairs undertook visits to
Jammu & Kashmir and Ladakh to examine in detail matters like the abolition of Article 370 and its effect
on administration, security, and developmental projects.
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6. Testify witnesses and officials: For e.g., the Standing Committee on Water Resources pulled up the
officials of the Assam Government for lack of proper compensation given to flood, victims in Assam in
2018.
7. Effective Implementation of Article 75(3): Since it is easier to examine issues, policies, schemes, and data in
a smaller committee, this system is effective to establish the accountability of the executive to the
Parliament.
8. Improve Quality of Debates: Committees involve inputs and consult with expert witnesses, stakeholders,
and government officials. They can involve stakeholders who are actually the potential beneficiaries of,
that particular policy or scheme.

LACUNAS IN THE WORKING OF PARLIAMENTARY COMMITTEES

1. Not Mandatory: In the 16th Lok Sabha, only 27% of the Bills were referred to the relevant Committees as
against 60% in the 15th Lok Sabha. For e.g., the NJAC Bill, 2014, and the recent 3 Farm Bills were not
referred to the Committees resulting in hasty legislation.
2. Too many ministries under one Committee: For e.g., Committee on Science & Technology and Environment
& Forests monitors the work of 5 Departments, and the Committee on Human Resources Development
monitors the work of 4 Departments.
3. Lack of Experts and Witnesses: Committees invite witnesses and experts at their own discretion. For e.g.,
the DRSC that examined the Right to Education Bill, 2008, which guarantees free education to all children
ages six to 14, did not invite any expert witnesses.
4. Recommendations of the committees are not Binding: The recommendations of committees, discussing
the recommendations, or specifying the reasons for rejecting certain recommendations are not mandatory.
5. Churn in Committee Membership: As the membership is only for a year, there is huge in and out in
Committees and very less time for MPs to get hold of things.
6. Numerous Reports: During the 16th Lok Sabha, DRSCs submitted 1,111 reports. On average, DRSCs
published one report in 1.8 sittings. It is difficult to evaluate the quality of these deliberations as the time
per report is very less.
7. No Effect on Policies: For e.g., despite several reports by the Standing Committee on Law and Justice on
Mediation Bill, 2021, the government made pre-litigation mediation mandatory.

WAY FORWARD
1. Like the UK, all Bills except Money Bills should be mandatorily referred to DRSCs.
2. The attendance of MPs should be made compulsory in Committee meetings.
3. Options of virtual meetings must be present to ensure MPs attend the meeting regardless of their presence
in parliament.
4. There should be full-time, sector-specific staff available to the Committees. The Committees in other
countries such as the UK, USA, and Canada can retain specialist advisors.
5. There should be sufficient time available with the Parliament to examine and consider reports of DRSCs,
especially in the case of Demand for Grants.

8. What were the primary considerations and factors that influenced India's decision to adopt a parliamentary
system of government instead of a presidential system? Do you think there is a gradual shift toward the
presidentialization of Parliamentary democracy in India? (Answer in 250 words) 15 Marks

The Parliamentary system of government refers to a system of government where the executive and
legislature are inter-connected and the former obtains its democratic legitimacy from and is held
accountable to, the legislature.
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FACTORS THAT INFLUENCED INDIA TO ADOPT THE PARLIAMENTARY SYSTEM

1. Historical Bias: The type of government that functioned in India before independence in 1947
was very much similar to the British model of the Parliamentary system of government. Therefore,
the members of the Constituent Assembly decided to adopt this form of government for independent
India.
2. Accommodation of Diversity of Groups: In order to provide representation to each and
every diverse opinion, India adopted a Parliamentary form of government. This allowed people like
Dr. B. R. Ambedkar, Madan Mohan Malviya, and Jawahar Lal Nehru, all representing almost divergent
views to work together in one cabinet.
3. Stable Government: According to Dr. Munshi, India is a young democracy that could not afford a
deadlock between the legislative and executive branches as seen in the Presidential form of government.
4. Continuous Accountability: Unlike the Presidential system, as the executive is accountable to the
Lok Sabha, this acts as a restraint on the abuse of powers by the executive if any.
5. Flexibility: The policies, Bills, and decisions of the executive can be easily gauged by the Parliament
and in case of loss of public support, or internal conflicts, tools like no-confidence motion can
be used to remove the government.

SHIFT TOWARD THE PRESIDENTIALIZATION OF PARLIAMENTARY DEMOCRACY

1. Individual Responsibility: The performance of a government is gauged by the public on the
performance of its leader rather than the ruling party or alliance.
2. Kitchen Cabinet: Most of the decisions of the Council are taken by the cabinet which
consists of very few ministers who enjoy the confidence of the Prime Minister.
3. Centralised Policy Making: Most of the policies, plans, and implementation are
coordinated by one or two ministries with very limited stakeholders’ involvement.
4. Reduced Role of Parliament: Anti-Defection Law and its malfunctioning have reduced
the parliamentarians to agents of parties and they seldom involve themselves in proper discussion
and deliberation over issues.
5. Enhanced Role of Governors: For e.g., recently Tamil Nadu Governor dismissed a
minister from the Council of States without the recommendation of the Chief Minister. This gives
an impression of the Presidential form of government.
6. Policies: Policies like One Nation, One Election, One Nation, One Tax, etc. gives an overall
impression of a uniform system of government with almost coordinated and complementary views.
7. Voting Pattern: The voting pattern of common citizens is also such that they vote for
individuals rather than parties and their proposed policies.
8. Lateral Entry: The policy of lateral entry of non-politicians into the Council of Ministers
to bring in more competent experts into policy-making is a feature that is becoming common in the
Indian parliamentary system.

NO COMPLETE BREAKDOWN OF THE PARLIAMENTARY SYSTEM IN INDIA

1. Regional Parties: The presence of regional parties in power in various States across India is a
testimony to the smooth functioning of the Parliamentary system of government in India.
2. Accountability of the Executive: In recent times, there have been instances where the executive
had to roll back certain decisions, policies, etc. owing to opposition and scrutiny from the
Parliament.
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a. For e.g., the Data Privacy Bill was rolled back after the objections raised by the Parliamentary
Committee on IT.
2. Judiciary: The independence of the judiciary in India prevents expansion and abuse of powers
by the executive.
3. Alliances in Government: Since 1984, there have been alliances that have enjoyed confidence
in the Lok Sabha. For e.g., the ruling alliance got only 40% votes in the 2019 elections, the rest 60% was
distributed among different parties.
India has enjoyed a stable and robust parliamentary form of government for the last 75 years. Though
there has been a certain in-principle shift to the Presidential system, the Parliamentary system still holds
strong.

9. Highlight the reasons for the increasing judicial pendency. Discuss the measures to deal with it.
(Answer in 250 words) 15 Marks
Between 2010 and 2020, pendency across all courts grew by 2.8% annually. As of September 15, 2021, over 4.5 crore cases
were pending across all courts in India. Of these, 87.6% of cases were pending in subordinate courts and 12.3% in High
Courts.

REASONS BEHIND INCREASING JUDICIAL PENDENCY

1. Shortage of judges to decide cases: As on September 1, 2021, the Supreme Court had one vacancy out of the
sanctioned strength of 34 judges. In the High Courts, 42% of the total sanctioned posts for judges were
vacant (465 out of 1,098).
2. Ineffective Tribunals and Special Courts: Fast Track Courts and Family Courts which were set up to ensure
speedy disposal of cases also witness high pendency and vacancies. For instance, at the end of 2020, 21,259
cases were pending before the National Company Law Tribunal (NCLT).
3. Increased common man's understanding of rights: Recent socio-economic advancements, as well as the
resulting awareness of legal rights, have given common citizens the confidence to approach courts of law
for justice.
4. There are not enough courts: There are inadequate courts in India due to a lack of funding for the judiciary.
Both the federal government and the states are opposed to rising spending on the courts. Not all courts have
been modernized or computerized.
5. Misuse of Public Interest Litigation: Since the definition of PIL is so wide that even a letter may be
considered a PIL, many people misrepresent themselves as PILs and file them in the High Court for
monetary gain. When the number of PILs rises, so does the number of cases filed in the High Court and
Supreme Court.
6. High rate of filing of cases and low rate of disposal of cases: The disposal rate of subordinate courts is
very poor, due to a lack of judges, absenteeism of judges, the phase of the trial of a case, strikes by advocates,
and regular transfer of judges, among other factors in subordinate courts.
7. Government- the major litigant: In India, the government is the most active litigant, accounting for nearly
half of all pending cases. Many of them are simply cases of one government agency suing another, with the
courts deciding the outcome.
8. Constant amendment of laws: Another cause of delay is the constant amendment of laws. The majority of
Indian laws have been changed many times. As a consequence, understanding and explaining the current
legal rules takes time. It wastes precious court time.
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MEASURES TO DEAL WITH IT

1. Restriction on Adjournments: Adjournments should be limited to emergencies and extraordinary
circumstances. Every day, a well-known lawyer is likely to manage many cases that require his presence in
various courts. This forces him to concentrate on one or two of them while seeking adjournments on the
others.
2. Speedy appointment of judges: By not appointing judges, the government is depriving common persons of
justice. Justice delayed is justice denied. There is an urgent need to improve the judge-to-population ratio
to reduce the workload of judges.
3. Guidelines by the Union government: Centre had suggested measures like increasing the number of
working days of courts, establishing fast track courts and Indian Courts and Tribunal Services (ICTs) to
increase the productivity of the court system.
4. Strengthen the Alternative Dispute Resolution (ADR) mechanism: It uses the modes like Arbitration,
Mediation, and Conciliation. It uses a neutral third party who helps the parties to communicate, discuss
the differences and resolve the dispute.
5. E-platforms: Improve judicial infrastructure through the use of e-platforms and the setting up of more
courts. India has launched the e-Courts National portal ecourts.gov.in of the eCourts Project.
6. Expert Advice: The court will enlist the assistance of management consultants to prepare cases for one-day
hearings.
The pendency of cases for long periods has resulted in a large number of undertrials (accused persons who are either awaiting
or undergoing trial) in India’s prisons. As on December 31, 2019, almost 4.8 lakh prisoners were confined in Indian jails.
Various recent developments are taking place in India to investigate the issue of justice delays and to resolve cases as quickly
as possible. In 2015, the country's top judges convened to draft a National Vision Document for 2015-2020, focusing on
the judiciary's financial autonomy, case speeding, and the strengthening of the vigilance cell in district and high courts.

10. Enlist jurisdictions and powers of the High Court mentioned in our constitution. Compare the writ
jurisdiction of the High Court and Supreme Court. (Answer in 250 words) 15 Marks
Articles 214- 231 of the Constitution describe high courts, their organization, powers, functions, jurisdiction, etc. Like the
Supreme Court, the high court has been vested with quite extensive and effective powers. It is the highest court of appeal in
the state. It is the protector of the Fundamental Rights of the citizens. It is vested with the power to interpret the Constitution.
Besides, it has supervisory and consultative roles.

JURISDICTIONS AND POWERS OF THE HIGH COURT

The present jurisdiction and powers of a high court are governed by:
(a) the constitutional provisions,
(b) the Letters Patent,
(c) the Acts of Parliament,
(d) the Acts of State Legislature,
(e) Indian Penal Code, 1860,
(f) Criminal Procedure Code, 1973, and
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(g) Civil Procedure Code, 1908.

At present, a high court enjoys the following jurisdiction and powers:

1. Original jurisdiction: It means the power of a high court to hear disputes in the first instance, not by way
of appeal.
2. Writ jurisdiction: Article 226 of the Constitution empowers a high court to issue writs including habeas
corpus, mandamus, certiorari, prohibition, and quo warranto for the enforcement of the fundamental rights
of the citizens and for any other purpose.
3. Appellate jurisdiction: A high court is primarily a court of appeal. It hears appeals against the judgments
of subordinate courts functioning in its territorial jurisdiction. It has appellate jurisdiction in both civil and
criminal matters.
4. Supervisory jurisdiction: A high court has the power of superintendence over all courts and tribunals
functioning in its territorial jurisdiction (except military courts or tribunals). It is an extraordinary power
and hence has to be used most sparingly and only in appropriate cases.
5. Control over subordinate courts: In addition to its appellate jurisdiction and supervisory jurisdiction over
the subordinate courts, a high court has administrative control and other powers over them.
6. A court of record: The judgments, proceedings, and acts of the high courts are recorded for perpetual
memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned
when produced before any subordinate court.
7. Power of judicial review: Judicial review is the power of a high court to examine the constitutionality of
legislative enactments and executive orders of both the Central and state governments.

WRIT JURISDICTION OF HC & SC

The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs of habeas corpus,
mandamus, prohibition, certiorari, and quo-warranto. Further, the Parliament (under Article 32) can empower any other
court to issue these writs. The writ jurisdiction of the Supreme Court differs from that of a high court in three respects:
1. Purpose: The Supreme Court can issue writs only for the enforcement of fundamental rights whereas a
high court can issue writs not only for the enforcement of Fundamental Rights but also for any other
purpose.
2. Territorial Jurisdiction: The Supreme Court can issue writs against a person or government throughout the
territory of India whereas a high court can issue writs against a person residing or against a government or
authority located within its territorial jurisdiction only or outside its territorial jurisdiction only if the cause
of action arises within its territorial jurisdiction.
3. Refusal to exercise writ: A remedy under Article 32 is in itself a Fundamental Right and hence, the
Supreme Court may not refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article
226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction.
Article 32 does not merely confer power on the Supreme Court as Article 226 does on a high court to issue writs
for the enforcement of fundamental rights or other rights as part of its general jurisdiction.

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