PSIR Answer Writing Module 2023
Model Answers
Test 9
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1. The quasi-judicial nature of ECI’s functions makes it especially important that the integrity
of the institution remains beyond doubt. Comment.
“My notion of democracy is that under it the weakest shall have the same opportunities as the
strongest..” Mahatma Gandhi.
Elections are vital for the well-being of India’s democracy. An incremental rise in the level of
electoral participation and contestation has helped Indian democracy become far more
representative. As Sunil Khilnani has argued, elections in India carry ‘the entire society’s
aspirations’ to the extent that as the ‘sole bridge between state and society’ they have come
to ‘stand for democracy itself.’
Elections are vital for the well-being of India’s democracy. An incremental rise in the level of
electoral participation and contestation has helped Indian democracy become far more
representative. As Sunil Khilnani has argued, elections in India carry ‘the entire society’s
aspirations’ to the extent that as the ‘sole bridge between state and society’ they have come
to ‘stand for democracy itself.’
The Election Commission is empowered to settle disputes regarding recognition granted to
political parties and candidates. It has the powers to act as a court for matters related to
disputes arising out of the allotment of election symbols to political parties and candidates.
In 1990, the Dinesh Goswami Committee on Electoral Reforms recommended that members
of the ECI should be selected by a panel consisting of the Prime Minister, the Chief Justice of
India and the Leader of Opposition in the Lok Sabha.
Scholars favour the induction of a retired Supreme Court judge in the Central Election
Commission. Although in the Bhagwati Prasad Dixit Ghorewala vs Rajiv Gandhi case, 1986,
the Supreme Court had rejected the contention that the CEC should have the same
qualifications as those of a judge of the Supreme Court.
The quasi-judicial nature of ECI’s functions makes it especially important that the
appointments process conform to the strictest democratic principles.
2. How do you define the minorities in context of the international law and under Indian
Constitution? What constitutional safeguards exist in India for the protection of minorities?
Human Rights Committee define minorities as an ethnic, religious or linguistic group of
persons which constitutes less than half of the population in the entire territory of a State
whose members share common characteristics of culture, religion or language, or a
combination of any of these.
Multiculturalists like Will Kymlicka and Bhikhu Parekh have highlighted the alienation of
minorities.
In Indian context, as per National Commission for Minorities Act, 1992 , minorities include
Muslims, Sikhs, Christians, Buddhists, Zoroastrians (Parsis) and Jains.
Linguistic minority pertain mainly to a State and not at the National level.A group which
constitutes a ‘statistical minority’ at national level may not enjoy minority status in all
State/UTs.
Article 25 to 28 of Indian constitution give Right to freedom of religion. Article 29 talks about
the protection of interests of minorities. Similarly Article 30 mentions Right of minorities to
establish and administer educational institutions.
However, despite a secular Constitution there exists, mutual misunderstanding and
intolerance between sections of people of different religions, faiths and beliefs. Frequent
recourse to revivalist events such as Ghar Wapsi etc. breeds fear amongst the minorities
against majoritarianism.
In spite of the above challenges, Secularism as practiced in India has proved effective in the
realization of a democratic polity. Present challenges may be overcome by adhering to the
principles of humanism, rationalism and universal religion, which have provided an intellectual
base to Indian secularism since ages.
3. Critically evaluate the effectiveness of National Commission for Scheduled Castes towards
addressing the atrocities on the community. What powers and functions have been assigned
to the commission to fulfil its mandate?
According to the classical account, democracy is sustained through a distribution of power
between three “branches” — the legislature, the executive, and the judiciary, with each branch
acting as a check and a balance upon the others.
However, the complexity of governance and administration in the modern world has
necessitated the existence of a set of independent bodies, which are charged with performing
vital functions of oversight.
NATIONAL COMMISSION FOR SCHEDULED CASTES [NCSC] is a constitutional body
established by Article 338 . Originally, Article 338 of the Constitution provided for the
appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs).The
89th Constitutional Amendment Act of 2003 bifurcated the combined National Commission
for SCs and STs into two separate bodies, namely,
1. National Commission for Scheduled Castes (under Article 338)
2. National Commission for Scheduled Tribes (under Article 338-A).
Article 338.(4) give power to NCSC
• to investigate and monitor all matters relating to the safeguards provided for the
Scheduled Castes under the Constitution
• to inquire into specific complaints
• to participate and advise on the planning process of socio-economic development of
the Scheduled Castes and to evaluate the progress of their development
• to present to the President
the NCSC has powers of a civil court.
However, delays have been noticed in conducting the inquiry by NCSC and the commission
tends to affirm the position of the government. It has primarily concerned itself with service
matters and so criticised for having elitist biasness.
The office of Chairman and vice-chairman along with other members remain vacant. In the
absence of such office bearers, the commission is run by bureaucracy. Decisions are not
mandatory and only recommendatory, it can be effective only when responsible authorities
take timely steps to implement the recommendations .
Second ARC acknowledges the above problem and has recommended the creation of a
separate parliamentary committee for all commissions for deliberations, to improve
parliamentary oversight and ensure parliamentary effectiveness.
4. What is the Constitutional mandate of UPSC and evaluate its role towards it?
The term bureaucracy may refer both to a body of non-elected governing officials (bureaucrats) and
to an administrative policy-making group. German sociologist Max Weber argued that bureaucracy
constitutes the most efficient and rational way in which human activity can be organized and that
systematic processes and organized hierarchies are necessary to maintain order, to maximize
efficiency, and to eliminate favoritism. On the other hand, Weber also saw unfettered bureaucracy as
a threat to individual freedom, with the potential of trapping individuals in an impersonal "iron cage"
of rule-based, rational control.
Articles 315 to 323 in Part XIV of the Constitution contain elaborate provisions regarding the
composition, appointment and removal of members along with the independence, powers and
functions of the UPSC. Article 318 talks about the Power of UPSC to make regulations as to conditions
of service of members and staff of the Commission.
Jawaharlal Nehru often ridiculed the ICS for its support of British policies. He called ICS as neither
Indian, nor civil, nor a service. However, as Prime Minister, he retained the structure and its top people,
albeit with a change of title to the “Indian Administrative Service.” Sardar Patel on the other hand
called it as the “Steel frame” of Indian administration.
Although criticised as the legacy of British, the officers selected by UPSC has helped in surviving
the tumultuous years. They have assisted in the developmental Administration of India.
In post-liberalised India, the All-India Services (AIS) are ordained the role of a facilitator, and
not necessarily one of a regulator. Besides, in the past three decades regional parties have
taken over the reins at the State level and the immediacy of the next election drove the
agendas of these parties in power.
It is believed that collaborative governance is needed ,in which the public sector, private
players and civil society, especially public service organisations (NGOs), work together for
effective public service delivery.Examples include the Green Revolution (M.S. Swaminathan),
the White Revolution (Verghese Kurien), Aadhaar-enabled services (Nandan Nilekani) and the
IT revolution (Sam Pitroda).
5. Women movement in India has a chequered history. Discuss.
Social movements are a type of collective behaviour on the part of excluded groups, to
promote or resist changes, that involve recourse to non-institutional forms of political
participation. Women movements are one such social movement.
Women Movements have roots in the Feminist movements for an egalitarian world by seeking
to correct the gender stereotyping . Women movement in India has a chequered history.
In Pre independence, Woman Movement was started by Raja Ram Mohan Roy, Ishwar
Chandra Vidyasagar. Women in India were quick to respond to political environment, example
Pandita Ramabai, Savitribai Phule, Sarla Devi.
In post-independent India, till 1970s , there was no real activism. As Constitution of India
granted equality of status. It was thought that government will take issue of woman and there
is no need of mobilisation. 1970s and 1980s saw the revival of woman movements as United
Nations declared UN Decade of for Women 1974
From 1990 onwards, Indian politics was shaped by Mandal and kamandal, Woman
organisation were divided on the lines of ideologies, caste and religion.
One of the great strengths of the women's movement has been its central chord of optimism
that the world can be different, that change can happen. According to Ila Patel, women
movement in India has been successful in terms of compelling the government to prioritize
gender empowerment measures as well as dominating the civil society discourse.
6. Environmental movement in India is rich and vibrant which has taken various forms.
Analyse.
To quote sociologist Robert Nisbet, ‘It is entirely possible that when the history of 20th century
is finally written the single most important social movement of the period will be judged to be
‘environmentalism’.
In the Rig Veda , elements of nature have been considered as deities - Mitra, Varuna, Indra,
Maruts and Aditya, Agni. The preamble to our constitution ensures socialist pattern of the
society and dignity of the individual. Decent standard of living and pollution free environment
is inherent in this. Article 51-A says “It shall be duty of every citizen of India to protect and
improve the natural environment including forests, lakes, rivers and wild life and to have
compassion for living creatures.” Article 47 talks about the duty of the State to increase the
level of nutrition, and standard of living, and to improve public health.
Environmental movement in India is rich and vibrant which has taken various forms. No single
unified & homogenous environmental discourse exists in India . Ramchandra Guha calls it
‘varieties of environmentalism’. Unlike in the west, where modern environmentalism has given
birth by the scientists, in India it began through the protest of rural communities, involving
mainly the women, poor & disadvantaged masses who have been directly affected by
environmental degradation.
While in the West, environmental movement was motivated by the desire to keep beautiful
nature unpolluted, Indian environmentalism was derived not by leisure but by survival. R.C.
Guha, environmental movements in India is ‘empty-stomach’ environmentalism. He argues
that India is today a basket case of environmental tragedy, evident in the deteriorating
environmental conditions even after a history of environmental movement of more than four
decades since Chipko Movement (1973).
Environmental movements in India, have been centering on dams, displacement and
resettlement effectively articulated their agenda on the human consequences. It is also seen
that the ethnic practices of worshipping planets, trees, forest, and rivers reflects the natural
and social domains and the wisdom of seeing unity in the living and the non-living world in the
Indian tradition.
When we look at the social structure, degradation of natural resources and related
environmental changes, one finds the complimentary and symbiotic relationship between
society and environment, which is difficult to ignore
7. Analyse the context and nature of emergence of human rights movement in India post-
independence. What are the major contemporary concerns and challenges of the
movement?
Human Right is a simple yet powerful idea that all human beings are born free and equal in
terms of dignity and rights. They govern the relationship of individual with the State and the
obligations that the State have towards individual. Human rights are rights inherent to all human
beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
Enshrined as Fundamental Rights in the Part III (Article 12-35) , they are considered as
"fundamental" as they are most essential for all-round development. Granville Austin called
Indian constitution being first & foremost a social documents.
However, in spite of most comprehensive set of rights in the Indian constitution, it has not
operationalised. The inherent contradiction in the socio-economic structure has resulted in
various instances of violations of rights.
Being an extremely heterogenous and diverse country , India has not been able sustain human
rights in an uniform manner. It has not been possible to accommodate aspirations of all.
Emergence of civil society and steps by Judiciary like accepting Public interest litigation and
the judicial activism of the Supreme Court has played a major role in expanding the scope of
human rights and in giving it much-needed legitimacy through some important verdicts.
Though India took many proactive steps and followed a welfare state model, the police and
the bureaucracy have remained largely colonial in their approach and sought to exert control
and power over citizens. The feudal and communal characteristics of the Indian polity, coupled
with a colonial bureaucracy, has dampened the spirit of freedom, rights and affirmative action
enshrined in the Constitution.
8. Explain the origin and the constitutional provisions related to the institution of CAG.
Critically evaluate the role of CAG in strengthening the Indian democracy.
There are several references to the prevalence of official corruption in ancient India. Kautilya believed
that “men are naturally fickle minded”. He compared the process of generation and collection of
revenue (by officials) with honey or poison on the tip of the tongue, which becomes impossible not to
taste. Based on such sweeping, albeit questionable, generalisations about the nature of human
beings, he prescribed a strict vigil even over the superintendents of government departments in
relation to the place, time, nature, output and modus operandi of work.
An effective system of accountability of the executive to the legislature is fundamental to maintain
the confidence of the citizens in public institutions as it ensures that scarce resources are used in
ways which maximise the value of tax payer’s money.
CAG is seen as the supreme audit institution that brings into focus improprieties committed by the
persons holding high offices and safeguard the interest of various stakeholders .The institution assists
the parliament in its role to ensure financial accountability of the executive and ultimately to the
public that the money approved by the government has been spent for the intended purpose. If Dr.
Ambedkar held CAG as the most important officer, Dr S Radhakrishnan held that CAG is not
responsible to the government rather he serves the people.
Article 148 to 151 deals with CAG. Article 149 provides that CAG’s duties would be as prescribed by
law made by parliament. Accordingly CAG duties , powers and conditions of service act 1971 has
been passed entrusting CAG to audit all expenditures of the governments , verify that the
government’s receipts are effective with respect to assessment and collection. Article 151 requires
CAG’s reports to be submitted by president / governors before legislature. CAG typically undertakes
three types of audits: 1. Compliance audit 2. Financial audit 3. Performance audit
Over the years , CAG has played the constructive role in fulfilling its constitutional mandate. In 1962,
CAG report indicted the then defence minister V.K. Menon for contractual lapse in the purchase of
army jeeps. CAG report on bofors issue was highly critical of the way in which gun deal was made.
CAG has highlighted the irregularities in 2G spectrum, Mumbai Adarsh Housing society, Augusta
Westland VVIP choppers.
However, the CAG’s record does not stand unblemished. There has been a controversy over redactive
pricing with respect to Rafale fighter jets deal. In the preface of the audit report CAG stated that
redactive pricing was unprecedented but had to be accepted due to ministry’s insistence citing
security concerns. Consequently, commercial details were withheld and the figures were blackened .
Nevertheless, as observed by former CAG Vinod Rai in his book “Not Just an Accountant”, CAG has
played a significant role as the fifth pillar. However , the institution must be reformed so that it can
fulfill its constitutional obligations more effectively.
