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GS-2 PYQ Solutions

The document discusses the role of judicial activism in India, emphasizing its importance in protecting citizens' rights and promoting democracy, particularly through judicial review and public interest litigation (PIL). It highlights the challenges of judicial overreach and the need for balance between activism and restraint. Additionally, it covers the federal structure of India, parliamentary privileges, freedom of speech, and the effectiveness of the National Human Rights Commission (NHRC) in ensuring government accountability.

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0% found this document useful (0 votes)
37 views108 pages

GS-2 PYQ Solutions

The document discusses the role of judicial activism in India, emphasizing its importance in protecting citizens' rights and promoting democracy, particularly through judicial review and public interest litigation (PIL). It highlights the challenges of judicial overreach and the need for balance between activism and restraint. Additionally, it covers the federal structure of India, parliamentary privileges, freedom of speech, and the effectiveness of the National Human Rights Commission (NHRC) in ensuring government accountability.

Uploaded by

Chang
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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2014

Q.1 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.
Introduction:
In the Kesavananda Bharati case (1973), the Supreme Court using its proactive role gave a decision that has become
very important in regulating the relations between the Parliament and the Judiciary since then.

Judicial Activism
• Refers to the active role played by the judiciary in protecting the rights of citizens
• Promoting social, economic and political justice.
• Compel the other legislature and executive to discharge their constitutional duties.
• PIL is an outcome and the most popular form of judicial activism.

The Need for Judicial Activism


• Legislative and Executive Failure: to act on serious matters
• Dilemma of Inaction: in case of floods, natural calamity or during the pandemic. E.g., PM Care funds.
• Violation of Human Rights: E.g., 1975 Emergency which had suppressed press and political dissent.
• Over Handedness of the Executive: abuse of some of the provisions of the Constitution, E.g., 2G scam.
• Legislative Vacuum: certain areas, which have not been legislated upon.

Role played by Judicial Activism in achieving ideals of Democracy


• Judicial Review: legislative and executive actions are subjected to review by judiciary, e. g. NJAC case.
• PIL: ease access to the courts for common man. E.g., M C Mehta v. UoI case.
• Protecting Constitutional Ethos and Interpreting Constitutional Principles: E.g., Kesavananda Bharati case
• Protecting Fundamental Rights: enshrined in Part III
• Providing Basic Human Rights: like the right to live a decent life, healthy surroundings, etc.
• Importance of Due Process of Law: by focusing on not only procedure established by law
• Guidelines to be followed for Women Security at Workplace: E.g., Vishakava guidlines
• Protecting Environment: blanket ban on firecrackers in the Delhi – NCR
• Considering International Statutes and Conventions: underlined Vienna Convention in Jeeja Ghosh vs. UoI
Challenges
• Judicial Overreach: E.g., censor the scenes of movie Jolly LLB even though it was already cleared by CBFC.
• Violates Doctrine of Separation of Power: when it overrides any existing laws
• Personal / Selfish motives: E.g., Justice C. S. Karnan contempt case.
• Undermines Democratically Elected Government: diminish the faith of people
• Becoming a Standard: for ruling other cases.
• Interferes in an Administrative Domain: banned the Sale of Liquor within 500m of highways.

Way Forward
• Maintaining an Equilibrium: in the exercise of authority.
• Responsive Governance: by Legislature and executive
• Accessible, Affordable and quick justice to the people.
In India, the role of the judiciary is crucial and judicial activism should be balanced between judicial over activism
and judicial restraint.

Q.2 Though the federal principle is dominant in our Constitution and that principle is one of its basic features,
but it is equally true that federalism under the India Constitution leans in favor of a strong Centre, a feature
that militates against the concept of strong federalism. Discuss.

Introduction:
Indian Federalism is borrowed from the Canadian model. Indian Constitution provides for a federal structure with
unitary bias.

Federal Features of Indian Constitution


• Dual Polity: consisting the Union at the Centre and the states at the periphery.
• Written Constitution: specifies the structure, organisation, powers and functions of both central and state
• Independent Judiciary: headed by the Supreme Court
• Division of Powers: in terms of the Union List, State List and Concurrent List in the 7th Schedule.
• Supremacy of the Constitution: laws enacted by the Centre and the states must conform to its provisions.
• Rigidity: Amending the provisions affecting center state relation requires consent of half of state
assemblies.
• Bicameralism: consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). The Rajya Sabha
represents the states of Indian Federation

Federalism under Indian Constitution - Favors Strong Center


• Unequal Distribution of Power: The Central list contains 100 subjects whereas the State list contains 61
subjects
• Territorial Integrity and States not Indestructible: requires only a simple majority and not a special
majority.
• Single Constitution: Both the Centre and the states must operate within this single-frame.
• Flexibility of the Constitution: bulk of the Constitution can be amended by the unilateral action of the
Parliament only.
• Non-Equal State representation: The states are given representation in the Rajya Sabha on the basis of
population
• Appointment of Governor: acts as agent of the center and holds office during the pleasure of the president
• Emergency Provisions: Federal structure becomes Unitary structure and Center becomes all powerful.
• Single Citizenship: There is only Indian Citizenship and no separate state citizenship.
• Integrated Judiciary: single system of courts enforces central as well as state laws.
• All India-Services: common to both the Centre and the states.
• Integrated Constitutional Office: Constitutional bodies like CAG and Election Commission
• Veto Over State Bills: The governor is empowered to reserve certain types of bills passed by the state
legislature

Challenges
• One Size Fits Approach: E.g., GST law and Farm laws.
• Division of Powers: Reservation of certain bills by governor under Article 200 for president’s approval.
• Compulsory Compliance to Centre: under Article 256 and Article 257 amounts to major concern.
• Issues with Fiscal Federalism: demand for special status to states is also on the rise.
• Regionalism: Voices for the demand of more states are evidence of regionalism. E.g.: Formation of
Telangana

Way Forward
• Balancing Pillars of Federalism: Maximum autonomy to states, decentralization, National Integration
etc.
• Reforms at the Institutional and Political Level: Better coordination and cross-party correspondence
• Reviewing Governor’s Roles: Sarkaria Commission suggestions and S. R. Bommai case suggestions need to
be considered
• Utilising Democratic Institutions: like Inter State Councils and Zonal Councils
• Fiscal Federalism: Timely distribution of states share of central pool of taxes

Conclusion:
Punchi commission recommended that ‘cooperative federalism’ will be the key for sustaining India’s unity, integrity
and social and economic development in future.

Q.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 unenumerated privileges to continue. Assess
the reasons for the absence of legal codification of the ‘parliamentary privileges’. How can this problem be
addressed?
Introduction: Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of
Parliament, their committees and their members. This feature is borrowed from ‘British Constitution’.
Sources of Parliamentary Privileges
• Constitutional Provisions: freedom of speech in Parliament and right of publication of its proceedings.
• Practices of British House of Commons.
• Other Tools: Various laws made by the Parliament, Rules of both the houses, Parliamentary conventions
and Judicial interpretations
Various Parliamentary Privileges
• Freedom of Speech and expression: on the parliamentary floor.
• Freedom from Arrest: For Civil cases 40 days before and after the session of the house.
• Exempted from Attendance as Witnesses: while the house is in session.
• Right to Punish Members and Outsiders: for being guilty of contempt of the house.
• Right to Exclude Strangers or Non-members: who may attempt to interrupt the sessions
• Right to Publish Debates and Proceedings: can prohibit the press from publishing its proceedings

Significance of Parliamentary Privileges


• Maintain Dignity, Authority and Honor
• Independence in Parliament’s Working: Through exemptions, rights or immunities provided to the
members
• Preventing Obstruction in Parliament’s Functioning: The parliamentary privileges help secure the
members of the houses from any obstruction in their discharge of actions.
• Effective Working of Parliament: without any outside interference.
• Provides Freedom and Protection to Actions: Democracy thrives on debates and such privileges are
prerequisites.
• Granting Punishment Rights to Secure Independence: give them a great chance to carry out their duties
effectively and independently

Reasons for Non-codification


• Lack of Need at the time of Constitution Framing:
• No Consensus Building: subjection or suspension helps opposition to take political leads.
• Workload of Parliament: concentrate more on passing laws
• Overlapping Procedures and Rule Book Dilemma: E. g. Suspension of members.

Way Forward
• Codification of Parliamentary Privileges: provide proper guidelines to follow and remove uncertainties
• Need to Protect Rights to Speech: unbiased and non-politicized speaker position
• Proactive Judiciary: Justice Subba Rao strongly pleaded for the codification of privileges
• Building Political Consensus: among members and political parties
• Making a Litmus Test: to not go against the fundamental rights of the individuals and obstruct natural
justice.
• Independent Committee: scrutinize the proceedings of the house on regular basis

Conclusion:
The basic law that all citizens should be treated equally before the law holds good in the case of members of
Parliament as well.

Q.4 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.

Introduction:
Freedom of speech and expression means the right to express one’s own view and opinions freely by means of
mouth, writing, printing, picture or any other mode. Article 19 of the Indian constitution ensures freedom of speech
and expression.

Importance of Freedom of Speech and Expression


• Natural Right: Speech ensures expression expressed at the highest level.
• Product of History: the only constant of history in any democracy.
• Medium to seek Accountability: from elected leaders who represent the masses.
• Embodiment of Human Virtues: liberates the thought process and makes a human complete.
• Prerequisite for any Democratic State: shall convert to dictatorship if the right to speech is taken away.
• Importance of Dissent and Criticism: Debates, dialogues, deliberations brig criticism which helps in
improving inclusive development.
Freedom of Speech and Expression does not cover Hate
Speech
• Reasonable restrictions under Article 19: for preserving
inter alia "public order, decency or morality".
• Under Indian Penal Code (IPC):
▪ Hate speech constitutes a criminal charge
• Under Representation of People’s Act (RPA):
▪ Section 8 of the RPA 1951 prevents a person convicted
of the illegal use of the freedom of speech from contesting
an election.

Why Hate Speech must be curbed?


• Internal Security: E.g., The Muzaffar Nagar riots of 2013
• Igniting Extremist Sentiment: Various protests against
Citizenship Amendment Bill and NRC
• Mob lynching: Recent cases of Rajasthan, Utttar Pradesh
• Misinformation and Disinformation: social media has the capacity to
induce fake news leads to misinformation. E. g. Delhi Riots.

Indian Films different from Other forms of Expression


• Focus on Art and Entertainment: purely based for entertainment.
• Role of Censor Board: to curb anything that may cause harm or portray wrong message to the society.
• As a Message conveying Platform for a larger Audience: E.g., Mulk, Border and Pad Man.
• Commercial Purpose: compromise the various parameter which are indispensable in nature.
• Freedom of Speech and Expression thrives in movies too: Restrictions on screening are ensured only to
protect the sanctity of society.

Conclusion:
In the case of Rangarajan vs Jagjivan Ram 1989, it was held by the Supreme Court that in order to restrict free speech,
a proximate and direct nexus must be found with any imminent danger to the community.

Q.5 Instances of President’s delay in commuting death sentences has come under public debate as denial of
justice. Should there be a time limit specified for the President to accept/reject such petitions? Analyze

Introduction:
According to Article 72 of the Constitution, the President of India has the right to grant pardon, remit or commute
sentences of anyone convicted of any crime. He is bound by the advice of the Council of Ministers.

Significance of Article 72 i. e. Pardoning power of the President


• Different kinds of Relief and Different Conditions
• Humanitarian Nature: Hearing to such requests comes not as a right but as a request.

Should there be a time limit? - Yes


• Justice Delayed is Justice Denied: mercy need to be disposed of at the earliest
• Dehumanizing Effect: as held by the Supreme Court
• Upholds Universal Human Rights: emphasizes speedy justice on humanitarian grounds.
• Heinous crimes/Nature of Crime: Cases like Nirbhaya need examples to be set up in society.
Should there be a time limit? - No
• Time should be taken to review the Convicts thoroughly: to verify claims and situations.
• Pardoning of wrong convicts: can again create mistrust in society.
• Depends on the Views of the Cabinet: pardoning power of president is not discretionary
Way Forward
• Rationalize the Time limit: Time limits as per offense. Matters of pregnancy and disabled convicts can have
a respite in a time bound manner.
• Preventing Politicization: Motives of political gains or loss should take a back seat over human right.
• Capital Punishments shows medieval mindset: The debate of capital punishment and the ethical
considerations attached needs a review.

Conclusion:
As the Supreme Court in its statement said, pardon is not a gift the President may lavish on the criminal, it is time
to consider setting time limit in deciding the pardoning power of the president

Q.6 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.
Introduction:
According to the 91stAmendment Act, the total number of ministers, including the Prime Minister, in the Central
Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha.
Need for a Minimum Cabinet
• Efficient Policy making: For swift and rational decision making in the cabinet
• Addresses layers of issues: enable the Prime Minister to address more layers of issues
• Time conserving: speedy executive actions
• International practice: E.g., in Britain, there are 22 cabinet positions
• Minimum Government Maximum Governance: to move towards inclusive growth.
Efficacy of Government Inversely related to Cabinet Size
• Accountability Issue: if there are too many ministries.
• Delayed Tracking Mechanism: would lead to policy lapses and governance failures.
• Inability to Manage Cabinet: cabinet meetings would be hard to consider for quicker decisions
• Bridging Policy and Time: ruling factor for smaller cabinet systems.
• Maximum Government Minimum Governance: would lead to anarchy and misgovernance.
Challenges of Minimum Cabinet Governance
• Alliance Unity: difficult to bring all the alliance parties to a consensus.
• Regional Politics: force cabinet to sometimes take decisions which they would not have taken otherwise.
• Policy Failures: E.g., recent three Agricultural laws which were retrieved by the parliament
• Parliamentary Consensus: the very law has to pass through the test of conscience of parliament.
• Centralization of Policy Making: policies are tested without consultation and suggestions
Disadvantages of Small Cabinet:
• Excessive Centralization of Power: in few hands which can be misused.
• Conflict of Interest: between different ministries and ministers.
• Excessive Burden: on particular ministries which can further reduce efficiency.
• Overlapping of Duties: jeopardizing the larger interests and efficiency of the governance.
Way Forward
• Minimum Government with Maximum Feedback: Balancing law making with feedback mechanism.
• Negating Red Tapism: All bureaucratic hurdles and inertia attached therein should be negated.
• Parliamentary Committees inclusion in Decision making
• Addressing Regional imbalance and disproportionate Representation
Though the politics of representation of all sections of the society is also viable, it needs to strike a balance between
need-based policy execution and politics-based policy implementation.
Q.7 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 above
observation assess the role of NHRC as an effective complement to the judiciary and other institutions in
promoting and protecting human rights standards.

Introduction:
The National Human Rights Commission (NHRC) is a statutory body responsible for the protection and promotion of
human rights under Protection of Human Rights Act, 1993.

Need for NHRC


• Human Rights are Natural Rights: which cannot be divorced from the basic laws of land.
• Allegations of Executive Excess: in Tribal regions, north east area and Jammu and Kashmir
• Role of Caste in Indian Society: have become part and parcel of Indian societies.
• Sensitive Communal Thread: executive actions in such a delicate matter needs a systemic check provided
by NHRC.
• Crimes Against Women: need for NHRC and women commissions to collaborate.
• Power of Money and Position: Lower class stopped from reporting crimes against them
• Ever Changing Challenges: Child labour, specially-abled, prostitution rackets, ageing population and the
tribal issues
Role of NHRC
• Suo motu Cognizance: Inquire, on its own initiative or on a petition presented to it by a victim
• Suo moto Intervention: in any proceeding involving any allegation of violation of human rights
• Checking Police Excess in Jail: Visit, under intimation to the State Government, any jail
• Suggest Recommendations: Review the safeguards by or under the Constitution
• Research Body: in the field of human rights.
• Awareness Body: Spread human rights literacy among various sections of society and promote awareness
Concerns of NHRC
• Dependent on Government funding: does not have a self- sufficiency mechanism.
• Politicization of Appointment: “post-retirement jobs without a cooling off period for judges”.
• Limited Investigation Powers: can take cognizance of issues which have occurred within one year only.
• Only Recommendatory Body: all its suggestions are recommendatory in nature.
• Backlog of Cases: As of June 2022, there exist 16000 pending cases before the NHRC.
Effectiveness in NHRC functioning if the tasks are Adequately Supported by Other Mechanisms
• Coordination between SHRCs, NHRCs and judiciary: can reduce pendency of cases
• Bridging Jail and Bail via Coordination of NHRC and Judiciary: bail of the under-trials who have served post
their sentence.
• Providing more statutory powers similar to international practices: The British and the American human
rights commission have a far fledged role to suggest, recommend and submit considerations for their local
courts.
• NHRC’s collaboration with UNHRC: learning from such international practices.

Conclusion:
Its functions need to be complemented with support by mechanisms of governance and institutions as such human
rights are not violated.

Q.8 Do government’s schemes for up-lifting vulnerable and backward communities by protecting required social
resources for them, lead to their exclusion in establishing businesses in urban economies?

Introduction:
Vulnerable and backward groups like SC/ST/Women/Disabled/Minorities etc. often encounter discriminatory
treatment in all spheres of life and need special attention to avoid potential exploitation
How Government Schemes led to the Exclusion of Vulnerable Sections from Establishing Businesses in Urban
Economies?
• Less focus on Higher and Technical Education: especially women and in rural areas.
• Lack of Focus on Skills: Schemes like MGNREGA are for unskilled people
• High Value for Government Jobs: reservation in seats and lower marks threshold make government jobs
more attractive.
• Impacting Growth Abilities: reservation benefits have resulted in less competitive spirit
• Lack of Funding: Funding form formal sources is still difficult for these communities.
• Social Prejudice: discrimination further brings hurdles for them in setting up businesses.
• Lack of Entrepreneurial Spirit: security of reservation in jobs does not motivate them
• Lack of Focus on Eliminating Structural Discrimination: Government support is only limited to providing
them resources and chances to improve their situation.
• Lack of opportunities in Urban Areas: High cost of land, labour and technology restrict these communities
• Inefficient implementation: Issues of corruption, exclusion of needed sections and administrative
bottlenecks

Conclusion:
There is a need to provide more structural support for bringing entrepreneurship skills in these communities.

Q.9 Has the Cadre based Civil Services Organization been the cause of slow change in India? Critically examine.
Introduction:
Once selected for All India Services candidates are assigned cadres based on their preferences, merit and availability
of positions. Each state is a cadre with some exceptions like AGMUT and DANICS which are joint state cadres.

Issues with Cadre based Civil Services Organisation


• Quality issue and Disadvantaged Cadres: regions with foreign conflict, states with internal political strife,
and newly-formed states.
• Homogenization: undermines the national unity and integration purpose of the All-India Services.
• Correlated Preferences: disadvantaged cadres are consistently ranked towards the bottom of most preference
lists.
• Permanency of Serving Time is itself an issue: liable to result in inefficiency and ineffectiveness
• Nexus Building: between politicians and bureaucrats.
• No Chances of using Outside Talent: reducing the chances of recruiting suitable talent for the position.
• Variation in Numbers: lAS cadre in UP is 40% smaller than the required strength while Sikkim has 15% more
than needed

Importance of Cadre based Civil Services Organisation


• Promote National Integrity and Unity
• Stable Time Period: to serve in a particular state.
• Accountability: for the respective administrative failures in state.
• Understanding of the region: allow the officers to perform well

Way Forward
• Incentives: income bonuses or increased perks.
• Enhancing Career Opportunities: relaxing eligibility for deputation and/or seniority restrictions for
promotions and empanelment.
• Prioritizing few Cadres: for different quartiles of exam rank or different regions of origin.
• Matching Qualification with Position: based on their education, work experience, and technical training

Conclusion:
If such imbalances are not addressed, vicious cycles can emerge: relatively higher quality civil servants avoid
disadvantaged cadres, outcomes in these distressed areas further deteriorate, and the preference to avoid these regions
is further reinforced.
Q.10 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 over flight throughout the region. In
this context, discuss the bilateral issues between India and China.

Introduction:
The territorial and maritime disputes along the South China Sea (SCS) remain unresolved and continue to impede
the path to peace and security in the Indo-Pacific region.

Major issues associated with South China Sea dispute:


• Strategic Issues:
▪ Connecting link: between the Indian Ocean and the Pacific Ocean (Strait of Malacca).
▪ International trade: one-third of the global shipping passes through it
• China’s Claim
▪ China lays claim to nearly all of the South China Sea: including the Paracel Islands.
• USA’s Stand
▪ Chinese government accused USA for “seriously violating China’s sovereignty” and “harming regional
peace.”
▪ USA has argued that such exercises are in line with international law
• Taiwan issues
▪ Sovereignty issue: not formally recognised as a state by most countries
• Contesting Claims Over Islands:
▪ The Paracel Islands
▪ The Spratly Islands
▪ The Scarborough Shoal
• Infrastructure development: China, too, has been conducting military surveillance in these areas
• Economic Consequences: direct financial investment in China and in Southeast Asian economies would be
most severely affected

Chinese assertion in SCS creates following issue for India:


• Economic Concern
▪ Trade route: India’s 55% of trade passes through Strait of Malacca which opens into South China Sea.
▪ Oil/Energy exploration: India itself signed an agreement with Vietnam in October 2011 to expand and
promote oil exploration in the South China Sea.
▪ International trade route: India would lose international trade route or pay extra to China to keep it
restored.
• Maritime Security
▪ Security: As the Indian Navy also operates in the Western Pacific
▪ String of pearls: strategy to surround and contain India in South-Asia.
▪ Infrastructures development by China: China is making Military bases, Ports, Roads, Gas Pipeline and
other Infrastructures in our neighbors like Pakistan, Myanmar, Sri Lanka etc.
• Strategic importance for Indian Ocean: may hamper regional security situation
• Importance of Indo-pacific: “an integrated and organic maritime space” with the ASEAN at its centre.
• India’s Act East policy

Way Forward
• Promote peace: so that regional stability could be developed and respected by all.
• Mediation: bigger countries in the region should be mindful of the views of their smaller neighbours
• Negotiations: The other countries should come forward as facilitators and should encourage the ASEAN
group countries
• Countering the Chinese Policy with its own “Necklace Of diamond” Strategy

Conclusion:
India would need to interact and engage more as part of its Act East policy along with the other Quad members that
have similar influence in the region.
Q.11 Some of the International funding agencies have special terms for economic participation stipulating a
substantial component of the aid to be used for sourcing equipment from the leading countries. Discuss on
merits of such terms and if there exists a strong case not to accept such conditions in the India context.

Introduction:
When a country borrows from the IMF, World Bank and few other international funding agencies, its government
agrees to adjust its economic policies

Some of the merits of such Special terms are as follows:


• Risk reduction capabilities: Ensure progress in program implementation
• Better Tracking of programs: Program reviews provide a framework for the IMF Executive Board
• Periodic reviews: whether the program needs to be adjusted in light of new developments.
• Prior actions: Ensure that a program will have the necessary foundation for success. Example-Elimination of
price controls, Budget consistent with fiscal framework.
• Quantitative performance criteria (QPCs): Specific, measurable conditions for IMF lending
▪ Example-Monetary and credit aggregates, international reserves, fiscal balances, and external
borrowing.
• Indicative targets (ITs): because of uncertainty about economic trends.
▪ Example-Ceiling on government borrowing, Minimum level of international reserves etc.

Stipulations such as the one requiring the country receiving the aid to source equipment from other countries are
detrimental for India in following ways:
• Political constraints
o Undermined country ownership: Conditions imposed by donors
o One-size-still-fits-all approach: push for blanket deregulation and privatization
• Economic/trade related issues
o Unpredictability of the aid: when countries fail to implement a condition
o Neoliberal bias: historically interfered in poor countries’ internal affairs
• Trade Imbalance
o Harm local industries: incurring costs on importing equipment.
o Increase of Imports: neglect of the domestic industry
o Put stringent restrictions on the economic freedom of the developing countries
Conclusion:
The report by Eurodad reveals that impoverished countries still face an unacceptably high and rising number of
conditions in order to gain access to World Bank and IMF development finance.

Q.12 India has recently signed to become founding member of New Development Bank (NDB) and also the Asian
Infrastructure Investment Bank (AIIB). How will the role of the two Banks be different? Discuss the strategic
significance of these two Banks for India.

Introduction:
Shift from the global to the regional 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.

Different roles of the banks:


• Finance: focus on financing the infrastructure needs of its fast-growing members like India.
• Financial Protection: protection and assistance against global liquidity pressures and volatility
• Cooperation: Membership to the AIIB is still open. NDB, however, is restricted to only the BRICS nations.
• Financial Equality: members in the NDB will have equal voting share
• Alternatives: While the NDB is to be an alternative to the WB and IMF, the AIIB will operate more in the
area now occupied by the ADB.
• Difference in scale. The NDB had US$ 50 billion in initial capital subscription while the AIIB began with US$
100 billion in authorized capital. The strategic significance of these two Banks for India are as follows:
• Significance of AIIB
o India has received USD 4.35 billion from the Bank as a loan
o Finances Projects: AIIB has approved financing projects in India in a host of sectors like energy,
transport and water
o India expecting AIIB to introduce new financing instruments: to integrate development of
climate resilient and sustainable energy
• Significance of NDB
o Infrastructure financing: Mumbai Metro rail, Delhi- Ghaziabad-Meerut Regional Rapid Transit System
and many Renewable Energy projects.
o Approved projects: The NDB has so far approved 14 Indian projects for an amount of nearly USD 4.2
billion.
o Loans: In 2020, India announced a 1 billion USD loan pact with NDB to boost rural employment and
infrastructure.
o Investments: spanning a range of sectors such as clean energy, water resource management, transport
infrastructure, urban development, social infrastructure and environmental efficiency.
• Ensure security: where IMF and World banks does not provide financial aids or fails to consult local
community.
• Ensure human rights: AIIB, like other international financial institutions, is aware of the increasing threat
to human rights defenders, particularly in certain countries like Bangladesh and India.

Major concerns associated with both these institutions are as follows:


• Associated with NDB
o Less disbursal of Loans: Though the bank has approved over USD 12 billion in loans, it has disbursed
less than USD 1 billion so far, that is a very low figure.
o Political Turmoil: Relations between China and India soured, sanctions against Russia made it difficult
to lend to Russian companies, and then there was political instability and economic crises in both South
Africa and Brazil.
o Issue of Sustainability: Though the NDB has recently approved loans for climate change mitigation and
adaptation in Brazil and renewable energy in India, it has labelled a number of projects that are
environmentally questionable as sustainable, without explaining the criteria it uses.
• Associated with AIIB
o Some major economy are not member: Some of the world’s leading economies like the USA and Japan
are not members of the bank.
o The US is opposed to the bank: because it considers the AIIB an unwelcome invasion of the multilateral
financial system.
o Perception that a bank is a tool for the expansionist agenda of the Chinese government: reiterated
by the non-resident board of AIIB, that the Chinese government can tightly control the bank’s
operations.

Way Forward
• Emphasis on building healthcare capacities and national health preparedness
• Expansion of project areas: From a medium-term perspective, to climate change needs.
• Devise mechanisms to elicit public-private partnerships: for long-run financial sustainability.
• Medium to longer-run priority: Should be on lending support for renewable energy technologies

Conclusion:
India needs to ensure that its own interests are served by its membership very explicitly. It should make sure that AIIB and NDB
do not end up becoming a tool of Chinese geopolitical agenda.

Q.13 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.

Introduction:
WTO is an organisation that intended to supervise and liberalise international trade. The organisation deals with trade
between participating countries by providing a framework for negotiating and formalising trade agreement
The mandates related to WTO are as follows:
• Settlement: Exchange information/arguments and provide incentives
• Rebalancing: If one party violates, another should not be obliged to continue to perform its obligation
• Compensation: Repair damage caused by the breacher to victims of the beach.
• Compliance: bring about conformity with the rules.
• Clarification: Clarify the rules to facilitate compliance or settlement in the specific case
• Deterrence/Punishment: to deter future violations of the law

India’s stand on the latest round of talks on Food security


• Public stockholding subsidies: persistently demanding for a permanent solution
• Peace clause: At 2013 Ministerial Conference (MC9) in Bali
• Favours GI Tags: for products like Basmati rice, Darjeeling tea, and Alphonso mangoes under TRIPS
• India is against any inclusion of non-trade issues: particularly against developing countries.
• Renegotiation of subsidy: aimed at feeding poor citizens in developing and poor countries.
• Assurance: India wants assurances that its public stock-holding program,
• Export related demand: for humanitarian purposes, especially on a government-to-government basis
• Fishing subsidies: developing countries should be exempted from overfishing subsidy prohibitions for at
least 25 years

Developed countries are opposing India on following lines:


• Standards: on inclusion of non-trade issues such as labour standards, environmental protection, human
rights, rules on investment, competition policy in the WTO agreements.
• Indiscipline in subsidies

Conclusion:
India and other emerging economies like Brazil, South Africa etc can provide a strong base for strong WTO with
saving interests of developing countries.

*****
2015
Q.1 Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided
for in the Directive Principles of State Policy.
Introduction:
Article 44 of part four of Indian constitution provides for a uniform civil code (UCC)in the country. A Uniform civil
code means that all citizens of the country irrespective of the difference of religion, race, caste etc. be treated
equally according to uniform laws.
Reasons Behind the demand of UCC
● Right to Equality: provide women of all caste equality in terms of matters related to marriage.
● Judgement of Supreme Court: In Shah Bano Case (1985) recommended that a UCC will be established
● Integration of India: bringing unity among diversity of religion, race, caste etc.
● Secularism: helps in eliminating the differences based on religious marriage laws.
● Reducing Vote Bank Politics: curbing the practice of using laws for political gains.
Factor inhibiting India from Adoption of Uniform civil Code
● Historical factors: In the Constituent Assembly no consensus was established
● Social Factors: hard to find a common ground due to huge diversity among communities
● Political Factor: make UCC as political issue.
● Legal Factors: There is a conflict between Right to Equality (Article 14) and Freedom of Religion (Article 25)
● Division b/w Judiciary and Legislature: over priority order of Freedom of Religion, Rights of women & UCC.
● Nature Of Directive Principles: non-enforceable nature.
Way forward
● Approach toward minority community: need to develop trust
● Rather than going for a top-down approach and going for a bottom- up approach
● Keeping secularism intact
Conclusion:
There is a need to evolve a consensus over the issue of Uniform Civil Code without compromising with
the idea of minority protection as well as preservation of National Unity.

Q.2 In absence of a well-educated and organised local level government system, ‘Panchayats’ and ‘Samitis’
have remained mainly political institutions and not effective instruments of governance. Critically discuss.
Introduction:
73rd Constitutional Amendment Act of 1992, provides for the institution of Panchayati Raj. The institutions of
‘Panchayat’ and ‘Samitis’ represent the system of rural local self-government.
‘Panchayats’ and ‘Samitis’ have Remained Mainly Political Institutions
• Political factors:
o Vote bank politics: to enhance political parties’ popularity.
•Financial factors
o Tied nature of funds: provided by the State Finance Commission
o Dependency on government funding: put Panchayats under the political influence of the party in power.
Problem of absence of Well-Educated and Organised Local Level Government
● Literacy: Around 30% of the rural population is still illiterate.
● Organisation based problem- Gram Sabha is not provided with any legal power
Way Forward
● Financial autonomy: By increasing tax devolution and providing more taxation related powers.
● Educational empowerment: programs like Shakti needs to be replicated
● Political independence: In terms of policy implementation and formulation
Conclusion
An effective institution of ‘Panchayati Raj’ and ‘Samitis’ would help India in achieving the goal of good governance
based on the Gandhian idea of ‘Swaraj’.
Q.3 Khap Panchayats have been in the news for functioning as extra-constitutional authorities, often delivering
pronouncements amounting to human rights violations. Discuss critically the actions taken by the legislative,
executive and the judiciary to set the things right in this regard.
Introduction:
Khap Panchayats are informal organisations formed on the basis of caste and geographical factors. This institution
is prevalent in the areas of Haryana, Rajasthan and some parts of Uttar Pradesh.
Panchayat Functioning as Extra-Constitutional Bodies Example
● Honour killing: In Haryana a couple was given death sentence by Khap Panchayat because they committed
out of caste marriage.
● Caste base atrocities: In Uttar Pradesh some dalit families were banned from entering the village by Khap
Panchayat when they tried to fetch water from a common water source of the community.
These incidents show that Khap Panchayats are working arbitrarily against the provisions of our Constitution and
are hindering the Fundamental Rights of its Citizens.
To Prevent such Atrocities Various Measures are Taken by the Government:
• Legislative Measures
o Declaring as illegal: declared illegal by the government of Tamil Nadu.
o Law commission: aims to stop the evil practice of Honour killing and related crimes
• Judicial Measures
o Rajasthan High court held that the power of khap panchayats to give judgements are ultra vires.
o Allahabad High court awarded life sentence to the three accused of the honour Killing.
• Executive Measures
o Strict guidelines: for police in areas of Haryana in order to deal with illegal practises of Khap Panchayat.
o Punitive Actions: Executive has taken the cognisance to the actions of khap panchayats
Conclusion
There is an urgent need for enactment of law by the Parliament to control the practice of khap panchayat along with
this strong punitive actions are required to prevent atrocities like honour killing by the Khap Panchayat.

Q.4 Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine.
While noting the rationales justifying the power to promulgate ordinances, analyse whether the decisions
of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to
promulgate the ordinances be repealed?
Introduction:
Article 123 and Article 213 of the Constitution empowers the President and Governor to promulgate the ordinances
during the recess of Parliament and State Legislature respectively.
Supreme Court’s judgement
● RC Cooper Case 1970: Supreme Court held that President's decision to promulgate ordinance could be
challenged on the ground that ‘immediate action’ was not required
● DC Wadhwa Case 1987: The Supreme Court held that the legislative power of the executive is to be used
in exceptional circumstances
● Krishna Kumar Singh Case 2017: Supreme court stated that ordinance making power is not absolute but
conditional
Impact of Supreme Court's Judgement:
● Ineffective: Securities Laws (Amendment) Ordinance was promulgated three times.
● Regular Promulgation: An Ordinance to amend the land Acquisition Act was issued twice
● Increase in numbers: 16 in 2019 and 15 in 2020.
Should Ordinance making power be repealed
• No It should not be repealed:
o Requirement: To meet with unforeseen and urgent matters
o Safeguarding role: in times of war and internal conflict.
o Followed Internationally: still present in most of the developed countries of the world.
• Yes It should be repealed:
o Impact democracy: overrides the legislative scrutiny and debates
o Disturb Separation of Powers: disturbs the balance between legislative, executive and Judiciary.
o Misuse of power: in Favour of part in power.
Conclusion
There is a need to clearly define the ordinance making power of the President and Government so that it cannot be
used for political purposes.

Q.5 Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in
the light of Article 21 of the Indian Constitution and Judgment(s)of the Apex Court in this regard.
Introduction:
The subsequent judgments by the apex court post Maneka Gandhi Case has broadened the scope of Article 21 and
Right to clean Environment has been brought under its ambit.
Right to clean environment Entail legal regulations on burning crackers
1. Supreme Court Judgment on regulation on burning of firecrackers:
o Arjun Gopal and Others v. Union of India and Others: ruled that the crackers with reduced emission and
green crackers would only be permitted to be manufactured and sold.
o Vellore Citizens Welfare Forum v. Union of India case: environmental measures taken by the State
Government and the Statutory authorities- must anticipate, prevent and attack the causes of
environmental degradation
2. Article 21 of the Indian Constitution:
o Broadening aspects- includes clean air And water. Therefore banning firecrackers ensures our Right to
clean environment.
o Freedom With Restrictions: Right to Religious Freedom should not become a cause of threat to the
Right to Clean the environment
o Supreme court stance: It establishes a balance between Article 19, Article 21 and Article 25.
Legal Regulations alone are not solution
● Cause of Pollution: other factors also like Vehicular pollution, Industrial emission , stubble burning etc. need
to be tackled.
● Religious sentiments: proper care needs to be taken so that religious sentiments are not hurt.
● Top down approach: people try to burn firecrackers privately without understanding their responsibility.
Conclusion
Rather than going for a top-down approach, people should be made aware about environmental concerns and
bottom up planning for the environmental problem will help in better resolution of the problem.

Q.6 How can the role of NGOs be strengthened in India for development works relating to protection of the
environment? Discuss throwing light on the major constraints.
Introduction:
The World Bank defines NGOs as ‘private organizations that pursue activities to relieve suffering, promote the
interests of the poor, protect the environment, provide basic social services, or undertake community
development”.
Constraints faced by NGOs working in field of environment
● Financial constraints: Difficulties in getting funds for environmental issues
● Small Scale: makes them less important in the eyes of the government.
● Absence of internal democracy: in non-transparent and non-accountable manner. CAG - less than 10% of
the total NGOs are registered in India.
● Opposition from public: often considered to be working towards the encroachment of cultural rights of
the people.
Ways to strengthen NGOs
● Legal Measures: Making FEMA and FCRA more friendly towards NGOs.
● Financial measures: Social Responsibility Bonds should be promoted
● Political measures: independent committee to check the working of NGOs.
● Institutionalize Participation: should be made a part of the Environment Impact Assessment (EIA)
● Other Measures: an independent ‘National Commission for Charities’
Conclusion
NGOs play a significant role in the protection of the environment. Thus, there is a need for cooperation between
government, public and NGOs to achieve the Sustainable Development Goals (SDG) by 2030.

Q.7 In the light of the Satyam Scandal (2009), discuss the changes brought in corporate governance
to ensure transparency, accountability.
Introduction:
Satyam Scandal is one of the largest scams in the corporate sector in India. It occurred mainly due to manipulation
of account books to inflate the share price and siphoning off the funds by the board members of the company.
Malpractices adopted by the Satyam Company
• Manipulation of account books: to inflate the share prices.
• Unethical and dishonest governance: board members acted in contravention to the corporate ethics and
code of conduct.
• False disclosures: such as the number of employees, its assets and bank balances.
• Failure of external auditors: overlooked the issues with the company’s financial health.
Changes in the corporate governance structure after the Satyam Scandal
• Formation of corporate governance and ethics committee
• Corporate whistleblower policy: to improve transparency and accountability.
• Separation of the offices of CEO and Chairman: government mandated
• Companies Act, 2013: a new Act in place. Its salient features are as follows:
o Independent Directors: provision of having one-third of the board members as independent directors
o Mandatory registration of directors: with the government and receive a Director Identification
Number (DIN).
o Rotation of auditors once in every five years: so that familiarity does not lead to corporate
mismanagement.
o Restrictions on auditors in relation to non-audit services: for the company and its subsidiary
companies.
o Additional disclosure norms: enhance the transparency of the company’s operations.
o Provision of class action suits: against the company and its auditors before the National Company Law
Tribunal
Conclusion
Corporate Governance structure was strengthened and several checks and balances were placed by the government
in Companies Act, 2013 to improve transparency and corporate accountability.

Q.8 “If amendment bill to the Whistleblowers Act, 2011 tabled in the Parliament is passed, there may
be no one left to protect.” Critically evaluate.
Introduction:
Whistle-blower protection is essential to encourage employees or individuals to expose unlawful or immoral activities
of any organisation.
Salient features of Whistleblowers Protection Act, 2011
● Disclosure to Central or State Vigilance Commission: By any person or a public servant or an NGO
● Identity of the complainant: to ensure his/her protection.
● Allowed the disclosure of confidential/classified information: under the Official Secrets Act, 1923 in the
complaints.
● Safekeeping of identity of the complainant: shared only with the head of the department, if necessary.
● Penalizes the leakage of identity
● Penalizes false complainants
● Jurisdiction restricted to government bodies: does not apply to private organisations.
Whistleblowers Protection (Amendment) Bill, 2015
• Pros of the bill
o Brings the original Act in tune with the international practice: prohibit the disclosure of sensitive
information related to national security, intelligence, etc.
o Prohibits the disclosure of confidential information
• Cons of the bill
o Reduced the jurisdiction of the original Act
o Inappropriate comparison between the Act and RTI Act, 2005
o Disallows the disclosure of information protected under OSA
o Features of the government authorized authority not specified
Conclusion
The Whistleblowers Protection (Amendment) Bill, 2015 has included certain safeguards and prohibited categories
which restrict the jurisdiction of the Act.

Q.9 For achieving the desired objectives, it is necessary to ensure that the regulatory institutions remain
independent and autonomous. Discuss in the light of experiences in the recent past.
Introduction:
The working of Indian democracy is a fluidic combination of various ministries, state bodies and also regulatory
institutions which have grown manifold since independence to secure the interests of the public and enterprises.
Importance of having Autonomous and Independent regulators
• Political Factors
o Politicisation: distorts the autonomy of the agency
▪ E.g., The election commission largely silent on the candidature of persons with criminal history.
o Populism Tool: can become tools for populism and voter mobilisation.
o Corruption: to get undue financial and political favours.
▪ E.g., Ketan Desai, the head of the Medical Council of India was caught receiving bribes and
amassing illicit wealth.
• Social Factors
o Social Justice: may cause issues in public justice delivery.
o Public Interest: eroded when the autonomy of agencies is disturbed
• Administrative Factors
o Decision Making: efficient and true to its role as a regulator.
o Financial: ensure the proper functioning of the bodies.

Way Forward
● Independence of Leadership: allowed to function according to the core mandate
● Financial Security: Undue transfers of the surplus should be avoided
● Leveraging expertise: to guide and decide on their individual domains
● Transparency and Accountability: in operations and finances
● Role Clarity: must refrain from overreaching and underperforming.
Conclusion
Independence and autonomy cannot come at the price of accountability or engagement. Regulators need to be part
of a well-functioning and transparent governance ecosystem.
Q.10 Increasing interest of India in Africa has its pro and cons. Critically Examine.
Introduction:
Indian engagement with Africa has been present from the British colonial period, when both regions were European
colonies.
Background
• Antiquity: India’s relations with Africa date back to texts of ancient Greece.
• Nationalism: Indian struggle for national liberation was very inspiring for African nations
• Non-Aligned Movement: India was a model state for developing countries of Africa
• Indian Diaspora: account for 12.37% of the total Indian diaspora
• Increasing Investment: fifth largest investor in Africa with cumulative investments of US$ 54 billion.
• Export Destination: Africa is a large importer of Indian generic medicines and agricultural exports.
• Initiatives by India:
o India-Africa Forum
o Asia-Africa Growth Corridor: cooperation agreement between the governments
o Pan Africa E-Network: an information and communications technology (ICT) project
Advantages/Pros
• Economic
o Mineral Security: crucial for India’s manufacturing
o Infrastructure development: power plants, hydroelectricity, power transmission & distribution networks
o Market for India: Africa is a key destination more Indian export
o Reduce Trade Deficit: achieve a trade surplus and compensate the deficit with other regions.
• Strategic
o Countering China: increase India’s presence.
o Defence Cooperation: training their armed forces.
o Soft Power: Due to historical and cultural linkages
• Social
o Foreign Students: vital area for revenue as well as soft power.
o Medical Diplomacy: cheap and affordable healthcare is attractive to Africans.
Disadvantages/Cons
• Economic
o Delivery Deficit: Indian projects may get entangled in red tapism
o Ease of Doing Business: lack of business regulation in African economies.
o Economic Overstretch: poor infrastructure and social conditions
• Political
o Unstable Region: region is fraught with wars and conflict
o UN Peacekeeping: Indian forces have in the past been accused of various acts of misconduct.
• Social
o Trust issues: especially after racial attacks in India.
Conclusion
Though there are certain risks in the African engagement, Indian foreign policy is dynamic enough to bypass them.

Q.11 Discuss the impediments India is facing in its pursuit of a permanent seat in UNSC.
Introduction:
The geopolitical, strategic, economic realities have changed considerably since second WW, but the UNSC has not
reformed itself to these global realities.
Need for India’s UNSC membership
• Geopolitical
o Regional Power: dictates many stakes at regional and global politics
o Nuclear Power State: in line with its aspirations as a responsible global leader.
o Chinese Presence: Indian counter to China is necessary.
o Intrinsic Value: India is the most populous nation and also the largest democracy
o Global Contributor: India is one of the largest contributors to UN peacekeeping missions
o Large Diplomatic presence: with almost all nations and is also known for its bipartisan approach
o Leader of Developing World: India’s membership in the NAM, G77
• Economic
o Emerging Economy: currently the 5th largest economy in the world
Impediments
● Veto Power: The current veto power of UNSC permanent members
● Coffee Club: This group of nations including Pakistan actively oppose any new additions
● Lack of Trust: for waging wars and taking military actions without effective results.
● Lack of will: regarding sharing more power with entrants and reducing their hegemony.
Conclusion
Thus a membership today seems to be difficult, however India must keep making persisting efforts to raise this issue
at the UN and also engaging with the developing world through other platforms like NAM and G77.

Q.12 Project ‘Mausam’ is considered a unique foreign policy initiative of the Indian government to improve
relationship with its neighbours. Does the project have a strategic dimension? Discuss
Introduction:
Project MAUSAM is a trans-national initiative that aims at revival of India’s ancient maritime routes and cultural
linkages with the countries of the IOR.

The endeavor of Project ‘Mausam’ is to position itself at two levels:


• At the macro level, it aims to re-connect communications between countries of the Indian Ocean world
• While at the micro level, the focus is on understanding national cultures in their regional maritime milieu.
Strategic Dimension
• Indian ocean security: organize states of the Indian Ocean littoral.
• Ties with ancient trade partners: re-establish an “Indian Ocean world” along Indian Ocean.
• Increase India’s soft power: Creating links to existing World Heritage sites
• Alternative to China’s MSR
Conclusion
One thing India could consider is seriously developing its Andaman and Nicobar Islands as a security and trade zone.

Q.13 Terrorist activities and mutual distrust have clouded India – Pakistan relations. To what extent the use of
soft power like sports and cultural exchange could help generate goodwill between the two countries?
Discuss with suitable examples.
Introduction:
India and Pakistan have originated from a common subcontinent but after the partition of 1947, they have an
unstable relationship due to many unresolved issues like Kashmir issue.
Issues with Soft Power
• Sports: countries seem to be boycotting each other (IPL & PSL).
• Cultural activities: celebrities have faced a ban in each other’s country.
o Kartarpur Sahib: Pakistan announced a $5 entry fee, which made the situation less favourable
• Panj-Tirath: atrocities towards Hindus have dispel all the progress.
Suggestions
• Cultural Diplomacy: For E.g., shows like Coke studio, Mtv unplugged
• Cricket Diplomacy: as one of the strategic diplomatic political tool
• Food fairs and festivals: like Halwa Puri, Daal Chawal, Chicken Karahi, Biryani and the drink of Lassi
Conclusion
By organizing events like food fairs, festivals and cooking competitions, between two nations it would be easier to
strengthen the bond of love and prosperity between two nations.

*******
2016
Q.1 Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led
to recent reported conflicts between the elected representatives and the institution of the Lieutenant
Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the
functioning of the Indian federal politics?
Introduction:
69th CAA, has amended the constitution to insert articles 239AA, 239AB regarding the administration NCT Delhi.
Essentiality of 69CAA
● Asymmetric federalism: understanding the specific demands of the union territory NCR Delhi.
● Regulation: land, public order and police are under control of centre.
● Assembly to Delhi: for better management of growing urban population and metropolis.
● National Security: jurisdiction is divided between centre and Delhi.
Anomalies in 69 CAA Leading to conflict
● Bifurcation of powers: Lack of proper division of powers and responsibilities of Lt. Governor
● Half state: leading to issues between centre and Delhi.
● Appointment of bureaucrats: Lt. Governor appoints them over elected government leading to
tussle.
● GNCDT act: Where Lt. Governor is referred as government rather the elected government
● Biased actions: delays in policy and law making.
Rise of New Trend
● Unitary: Centre may expand its powers w.r.t state administration
● Federalism: Denting cooperative federalism.
● Protests: can demand statehood for independence in their affairs.
Conclusion:
Supreme court in 2018, have said that decisions/action of Lt. Governor can be taken only after
recommendation of council of ministers for harmonious relation between the two.

Q.2 “The Indian party system is passing through a phase of transition which looks to be full of contradictions
and paradoxes.” Discuss.
Introduction:
India being a democratic state, conduct elections every 5years. That signifies the importance of party system to
form government. This party system has kept on evolving since independence.
Changes and Transition to Indian Party System
● Multi-party democracy: Indian party system since 1950’s was majorly dominated by one major party.
Now India has 8 national parties.
● Regional parties: growth has been constantly increased. Ex: TDP in Andhra Pradesh.
● Technology advancement: Use of social media such as facebook, twitter to propagate
● Ideology: less preference to ideologies and more preference to money power. Ex: Most of MPs of Lok
Sabha have assets >1cr.
Paradoxes and Contradictions
● Dynasty politics: follow hereditary policy in electing their leader of party. Ex: Congress.
● Criminalization of politics: E.g., >43% of MP’s of Lok Sabha have criminal cases.
● Presidentialisation of Parliamentary democracy: mobilizing people to vote to their party on face of
famous leader/personality.
● Funding: Increased instances of black money and anonymous funding.
● Defections: Increased defections shows poor internal party democracy.
● Caste: Mobilizing people on based of caste, religion. Ex: Bahujan Samaj party
● Paid and Fake News: to manufacture people consent
Conclusion:
Political party being a core pillar in Indian democracy, should improve transparency by bringing under RTI.
Q,4 Exercise of CAG’s powers in relation to the accounts of the Union and the States is derived from Article
149 of the Indian Constitution. Discuss whether audit of the Government’s policy implementation could
amount to overstepping its own (CAG) jurisdiction.
Introduction:
Indian constitution through articles 148 and 149 has established CAG and also given powers in relation to accounts
of states and Union.
Functions and Jurisdiction of CAG
● Auditing: Auditing of all accounts whether they are of state or union
● Guardian of public purse: enforces accountability on the governments
● Submit Reports: to president who lays on parliament
● Aid parliamentary committees: acts a friend, philosopher and guide to the public accounts committee
CAG Audits doesn’t Amount to Overstepping of Jurisdiction
● Constitutional body: powers that also include performance and proprietary audits
● Supreme Court Judgment: CAG could carry out examination in economy and efficacy of policies
● Objectives: to keep executives’ actions in check and to be accountable to parliament.
● Experiences from other countries: Unlike CAG in Britain our CAG has auditing powers hence wont
amount to overstepping.
● Busted Scams: like 2G, coal gate scam
● Bulwark of democracy: As per B.R. Ambedkar said
● Horizontal and Vertical Audits: power to audit any accounts even the PSE too
CAG Audits Amount to Overstepping of Jurisdiction
● CAG activism: seeing the CAG as fault finding machine.
● Auditing role: cannot see the functioning and policy making of governments.
● Miscalculations of losses: arouse suspicion in the public about functioning of CAG
Conclusion:
CAG being an important organization helps in ensuring transparency and accountability in public policy by
empowering public to become participatory democracy.

Q.5 Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in
the present circumstances?
Introduction:
Indian preamble states that India is a nation that follows sovereign, socialist, secular, democratic and republic principles.
Meaning of Adjectives
Sovereign
● Independent Nation: in taking decisions and to conduct its own affairs.
● Independent Foreign Policy: without influence of other powers.
Socialist
● Democratic Socialism: mixed economy where both private industries and public industries exist
● Inclusive Growth: strives to eliminate issues like poverty, malnutrition
Secular
● Positive secularism: follows principled distance with all religions
● Right to religion: provided to every individual
Democratic
● Doctrine of popular sovereignty: supreme power and authority is held by public
● Right to vote: Every citizen of India is empowered
Republic
● Absence of Monarchy: The head of the state is elected rather than an inherited
● Absence of privileges: everyone are treated equally
Defendable in Present Circumstances
Yes
● Part of Basic Structure: Directly or indirectly
● Largest Democracy: through regular conduction of elections.
● Strategic Autonomy: protecting its sovereignty
● Equality: Positive discrimination to weaker sections
● Socialist Nation: Through DPSP’s the governments are always guided by socialist policies
No
● Post 1991 reforms: India is gradually tilting towards capitalist economy.
● Vote bank politics: Instigating religion for mobilization of people
● Criminalization of Politics: >42% of MP’s have a criminal case in 17th Lok Sabha.
● International institutions: Sometimes act against the interest of state effecting sovereignty.
Conclusion:
Indian constitution being called the living document, the important principles such as democracy, socialism,
secularism are still relevant in the present ensuring to provide dignity of life to people residing in India.

Q.6 Did the Government of India Act, 1935 lay down a federal constitution? Discuss.
Introduction:
Government of India act(GOI act), 1935 passed by British government after taking inputs from Simon commission
and Round table conferences and tried to provide federal structure to India.
GOI act 1935 Laid Down Federal Constitution
● All India Federation: consisting of both princely states and provincial stares.
● Bicameralism and Dyarchy: to give representation to provincial states.
● Division of Powers: federal, provincial and concurrent lists.
● Responsible government: at provincial level is a step towards federal principles.
● Federal Court: for interpretation of federal laws and constitution.
● Public Service Commission: for better federal administration.
● Federal Bank: for looking into monetary policy of the nation
● Federal Railway authority: in order to boost investment in railways.
● Provincial Autonomy: allowed to function as independent administrative units.
GOI act 1935 didn’t lay down federal constitution
● All India Franchise: remained on paper as rejected by princely states.
● Residuary powers: still held by governor general rather than to the states.
● Provincial list: most of the functions retained in federal list.
● Vide powers: act as barrier to the federal principles of the act.
Conclusion:
GoI act 1935, has strengthened the federal principles of the country and eased India to draft its own
constitution. Hence 1935 act became a backbone and carbon copy of Indian constitution

Q.7 What is quasi-judicial body? Explain with the help of concrete examples.
Introduction:
A quasi-judicial body in simple terms is a non-judicial body but that is empowered to interpret the law and
provide arbitration, award by understanding merits and demerits of the case.
Unique Features of Quasi-Judicial Body
● Non-Judicial: aid judiciary in resolving burden and pendency.
● Targeted Scope: Ex: National Green Tribunal for environment purposes.
● Specialization: Ex: Finance Commission can appoint economic specialize persons.
● Regulation: Ex: Competition commission of Indian.
● Aid Judiciary: reduce workload on judiciary and provide fast justice to people.
Examples of Quasi-Judicial Bodies
Constitutional bodies
● Election Commission: empowered to try on election dispute cases
● Administrative Tribunals: to see cases on public servants.
● Weaker sections: National Commission for SC, ST and BC are established
● Finance Commission, CAG: To regulate finance and ensure proper distribution of revenues
Statutory bodies
● Regulatory bodies: SEBI, TRAI and many more
● Inter-state river dispute tribunals: to boost cooperative federalism.
● Human rights: National Human rights commission, National green tribunal
Conclusion:
In a democracy like India, quasi judicial bodies play a crucial role in providing social justice and also to ensure
checks and balances for proper functioning of bureaucracy and empowerment of public.

Q.8 Professor Amartya Sen has advocated important reforms in the realms of primary education and primary
health care. What are your suggestions to improve their status and performance?
Introduction:
Article 21 of Indian constitution talks about dignity of individual which also includes good health and education
that needs primary health and education.
Amartya Sen Recommendations w.r.t Primary Education and Healthcare
● Increase investment: in health and education from existing 1.3% and 3% respectively.
● Public sector participation: to boost up government participation in these sectors.
● Women Empowerment: for better development of child and family.
● Administrative reforms: By plugging the loopholes in the government services
● Roping NGO’s: for overall holistic development.
Suggestions To Improve Primary Healthcare and Education
Primary healthcare
● Infrastructure development: Most primary healthcare centers doesn’t have proper equipment.
● Sanitation and hygiene: Wash campaign should be boosted.
● Prevention better than cure: Awareness should be generated in public
● Discussions and informed consent: Media and NGOs should be used
● Increasing doctor-personnel: Incenting doctors to visit rural areas
● Training: Auxiliary midwives, asha workers and anganwadi workers should be provided training
Primary education
● Teacher Absenteeism: rampant in government school due to poor accountability.
● Activity and innovative learning: develop vocational learning.
● NEP, 2020: should be strictly implemented
● Vernacular teaching: For better understanding children
● Quality: need is to change circular and assessment methods
● Accountable to Panchayats: linking funds to their performance.
Conclusion:
India that is seeing the demographic bulge need to invest in primary healthcare and education in order to
ensure demographic dividend rather than demographic disaster.

Q.9 “In the Indian governance system, the role of non-state actors has been only marginal.” Critically
examine this statement.

Introduction: Non-state actors in simple terms are non-governmental and may be not-for profit organization. That
are independent, self-financing, and work for specific purposes. Ex: NGO’s, SHG’s etc.
Role Played by Non-State Actors
Social
● Aid in Covid-19: Ex: Swasth Indian ensured maximum vaccination
● Malnutrition: Ex: Kudumbashree helped children by serving nutritious hot cooked meals.
● Women Empowerment: Ex: Rai mona SHG manufacturing sanitary pads.
Economic
● Training to youth: Ex: Enrich life’s foundation helped to provide employment.
● Rural development: helping to provide loans
● Foreign investment: influence the business in foreign countries
● Lobbying: ensuring greater growth of sector. Ex: FICCI in industrial sector.
Political
● Policy formulation: Ex: ORF foundation help the government.
● Voice to voiceless: act as grievance redressers.
● Awareness: of their rights and entitlements for creating accountability
Environment
● Environmental Conscience: Ex: Narmada Bachao Andolan.
Marginal Role of Non-State Actors
● Siphoning of Funds: to reduce taxes.
● Against economic growth: constant protests creating a loss of 2-3% of GDP to India.
● Chronic donor dependency: for finance mobilization
● Radicalization and terrorism: Non-state actors are using the loopholes
● Complex regulations: Multiple laws such as FEMA and FCRA
● Limited reach: not present equally in all regions.
Conclusion:
Non-state actors if rightly used not only help in ensuring participatory democracy but also plug the challenges
and reach of government services in order to bring inclusive development.

Q.10 “Effectiveness of the government system at various levels and people’s participation in the
governance system are interdependent.” Discuss their relationship in the context of India.
Introduction:
According to UNDP, one of the chief components of good governance is active public participation.
People’s Participation Leads to the Effectiveness of the Government System
● Building transparency: People’s participation and queries in the form of RTIs
● Strengthening democracy: helps in preventing tyranny.
● Ensuring Accountability: in terms of financial, political and administrative drawbacks.
● Removing corruption: E.g. Movement against corruption, started by Anna Hazare.
● Bring equity in governance: irrespective of caste, class and religion
Effectiveness of the Governance System Leading To People’s Participation
● Increase participation: promotes trust of the people
● Create consensus: Effective system via instruments such as RTI and complaint portals
● Citizens charter: helps in ensuring transparency and accountability
● Panchayati Raj: ensures that people take active participation in policy formulation
● Grievance redressal: through e-portals like ‘Meri Sadak’
Conclusion:
Therefore, to achieve the ideals of good governance, an effective government system, and people’s participation
are essential prerequisites.

Q.11 In the integrity index of Transparency International, India stands very low. Discuss briefly the legal,
political, economic, social, and cultural factors that have caused factors that have caused the decline
of public morality in India.
Introduction:
India ranked 85 among 180 countries in the Corruption Perception Index of Transparency International. This
also points towards a lack of integrity in the country.

Causes of decline in public morality in India


Legal factors:
● Inefficient laws: which protect the criminal from the clutches of the police.
● Enforcement-based problems: by the various departments of government.
Political factors:
● Corruption: at frequent levels, promotes corrupt practices among the public.
● Political appointments: certain cases in which heads of CVC, CAG, CBI, etc. are appointed based on
their nearness to political leaders.
● Casteisation of politics: promotes communalism among the public.
Economic factors:
● Gross inequality: Huge differences between rich and poor
● Resource crunch: promotes divisiveness among people
● Poverty: act as a hindrance as it creates regional imbalance
Social and Cultural Factors:
● Nature of Civil disobedience: India has a culture of disobeying the laws.
● Diversity: leads to divisiveness among the public and hampers the integrity of the nation. E.g. Demand
for separate linguistic states in 1950’s.
Conclusion:
We need to ensure that these political, legal, economic, and socio-cultural factors should not become hurdles in
the development of the nation as a whole.

Q.12 Has the Indian governmental system responded adequately to the demands of Liberalization, Privatization
and Globalization started in 1991? What can the government do to be responsive to this important
change?
Introduction:
The New Economic Policy of 1991 has liberalization, privatization, and globalization as important components.
The response of the government varied across different levels.
The Indian Government has Responded Adequately
● Changes in Industrial laws: Licensing requirements from most of the industries have been removed
● Change in labor laws: codified into 4 short codes
● Disinvestment: in many public sector units.
● Change in tariffs: for import and export items to meet the needs of globalization.
● Currency convertibility: Floating exchange rate system was adopted by the RBI
● Opening of the market: for imports from around the world.
The Indian Government has not Responded Adequately
● Monopoly existence: In some sectors like gas, the monopoly of the government still exists.
● Privatization is not adequate: increased the cost of services. Therefore, making it costly for customers.
● Corruption: like the PNB fraud case, the Harshad Mehta scam, and the ILFS crisis, post-liberalization.
● Ranking: of ease of doing business still does not match with other nations
Government can do the following things to be responsive to this important change
● Stringent implementation: Laws need to be implemented In a stringent way
● International practices: like that of Japan, Germany, and China in the field of trade
● Reducing inequality: take affirmative action to reduce this gap.
● Inclusive growth: in social, political, and economic sectors
Conclusion:
Globalization 4.0 has opened a new window of opportunity for the government so that the lacunas in the
liberation privatization and globalization can be eliminated.

Q.13 “The broader aims and objectives of WTO are to manage and promote international trade in the era
of globalization. But the Doha round of negotiations seem doomed due to differences between the
developed and the developing countries.” Discuss in the Indian perspective.
Introduction
At WTO’s heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and
ratified in their parliaments.
Doha Round
The Doha Ministerial Declaration provided the mandate for the negotiations, including on agriculture, services
and an intellectual property topic.
● The developed countries especially EU, the USA, Canada and Japan had differences with developing
countries (India, Brazil, China, South Africa) arguments over Special Safeguard Mechanism (SSM)
India puts forth the following stance
● It supports Special Safeguard Mechanism (SSM) to protect its farmers from the import surge.
● It supports the development agenda and wants each country to support the same.
● The government wants developed nations to undertake greater market-opening commitments.
● India also wants rich countries to drastically reduce its ‘trade-distorting’ farm subsidies.
● India wants a permanent solution to the issue of public food stockholding in developing countries
● It supports duty-free and quota-free market access for developing nations.
● India has consistently opposed an expansion of the multilateral trading system
● It argued that IPR protection under geographical indication should not be limited only to wine and
spirits
● It pushed for restrictions on the use/misuse of biological and genetic resources and traditional knowledge.
Conclusion
The failure of Doha also means that future multilateral trade agreements are also probably doomed to fail for
the same reason as Doha.

Q.14 Evaluate the economic and strategic dimensions of India’s Look East Policy in the context of the post-
Cold War international scenario.
Introduction
The policy aimed at better integration with the region and other US allies after the end of the Cold War era.
This policy was upgraded to ‘Act East Policy’ in 2014 for cultivating extensive economic and strategic relations
with the nations of Southeast Asia.
Strategic
● Role of N.E State: direct role under the Look East Policy.
● Improving Maritime relations: help to build relations with southeastern nations that are dominantly
coastal.
● Competing China: presence in East Asia.
● Security and defence market: smaller countries have tried to involve a strong regional player to
negate the threat.
o For E.g., India’s intention of selling BrahMos missile system to Vietnam to counter Chinese influence.
Economic
● Alternate option to USSR: for sustaining its economic growth.
● LEP need: LEP identified Northeast India as throughway for trade expansion and joint economic
growth
● FDI: Ensuring greater infrastructural connectivity and foreign direct investment
● Augmenting regional development in northeastern India: stand to gain significantly with the
realisation of the Indian objectives.
● Multilateral engagement: such as ASEAN, BIMSTEC, East Asia Summit , etc.
Conclusion
India has succeeded its Look East Policy with Act East Policy. The country must revamp its policy in such a way
that its soft power enhances in the Southeast Asian region.

Q.15 What are the aims and objectives of the McBride Commission of the UNESCO? What is India’s position
on these?
Introduction
There was concern that the communication, particularly mass media was dominated by developed countries.
It was feared that their perspective, culture, and ideas gained prominence.
Aim and Objective of McBridge Commission
• UNESCO McBridge aim was to analyze communication problems in modern societies, particularly
relating to mass media and news, consider the emergence of new technologies.
• Committee setup to suggest a kind of New World Information and Communication Order (NWICO).
• It discussed issues like media coverage of the developing world, unbalanced flows of media influence,
concentration of media, commercialization of the media and unequal access of information and
communication.
• The main political force behind NWICO was the Non-Aligned Movement (NAM) representing the
developing countries of the "South" or the "Third World".
• This was supported by India’s diverse language culture and the need to preserve and share one’s
language beyond the realms of culture was what made MacBride really unique back then.
The resolution proposed:
(i) elimination of the imbalance and inequalities which characterise the present situation;
(ii) elimination of the negative effects of certain monopolists, public or private, and
excessive concentrations;
(iii) removal of the internal and external obstacles to a free flow and wider and better-balanced
dissemination of information and ideas;
(iv) plurality of sources and channels of information;
(v) freedom of the press and information;
(vi) the freedom of journalists and all professionals in the communication media, a freedom
inseparable from responsibility;
(vii) respect for each people’s cultural identity and for the rights of each nation
(viii) respect for the right of all peoples to participate in international exchange of information
Conclusion
While the report had strong international support but, it was condemned by the USA and the UK as an attack
on the freedom of the press, and both countries withdrew from UNESCO in protest.

*******
2017
1. Critically examine the Supreme Court's judgement on 'National Judicial Appointments Commission
Act, 2014' with reference to appointment of judges of higher judiciary in India.

Introduction:
According to Articles 124 and 217 judges would be appointed by the President of India after “consultation” with
the CJI and other judges. This was called collegium system.

'National Judicial Appointments Commission Act, 2014


● NJAC is a body responsible for the appointment and transfer of judges to the higher judiciary in India.
● NJAC would have been a more broad-minded forum, providing a genuine chance to participate and
influence the selection of our higher judiciary

Issues with Collegium System


● Least Transparent: lack of a published operational manual, absence of selection criteria, selective
distribution of meeting recordings.
● Members' Lack of Consensus: collegium members regularly face the issue of mutual consent.
● Unequal Representation: women are disproportionately underrepresented in the upper courts.
● Delay in Judicial Appointments: Due to a delay in the collegium's recommendations

Supreme Court Judgement


Supreme court struck down NJAC Act. Following were the given arguments
● Violate Basic Structure: NJAC act, violated basic structure of the Constitution.
● Affect primacy of judiciary: NJAC did “not provide an adequate representation, to the judicial
component”
● Ultra vires provision: the clause which provided for the inclusion of two “eminent persons” as Members
of the NJAC was held ultra vires the provisions of the Constitution
● Affect independence of judiciary: as well as, the “separation of powers”.

Conclusion
The court, as the fundamental bastion of civil liberties, must remain completely independent and undisturbed
by the Executive's direct and indirect influence.

2. "Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and
money spent in electioneering but it will reduce the government's accountability to the people." Discuss.

Introduction:
Notably, simultaneous elections were held in India until 1967 that was disrupted because of premature
dissolution of state assemblies.

Advantage of simultaneous elections


● Help keep a check on the poll expenses, party expenses, etc.
● Reduce the burden on administrative setup and security forces.
● Ensure timely implementation of the government policies
● Ensure that the administrative machinery is engaged in developmental activities rather than
electioneering.
● Solve the problem of long-term governance on the part of the politicians who are ruling.
● Provide more time to all the stakeholders i.e. political parties, ECI, paramilitary forces, civilians for the
preparation of elections once in five years.

Issues involved
● Diminished Accountability: keeps politicians on their toes otherwise.
● Against Democracy: trying to force an artificial cycle of elections and restricting the choice for voters
● Impact on Voter Behaviour: voters would end up voting on national issues even for State elections
● Election Issues: voters may end up privileging one set over the other
● Affect Federalism: affects the political autonomy of states.
Conclusion
Frequent elections keep government on their toes. All the issues need to be studied in detail before commencing
any decision.
3. How do pressure groups influence Indian political process? Do you agree with this view that
informal pressure groups have emerged as more powerful than formal pressure groups in recent years?

Introduction:
Pressure groups are forms of organisations, which exert pressure on the political or administrative system of a
country to extract benefits out of it and to advance their own interests

Pressure groups often use three different ways to influence political process
● Lobbying with policymakers: convince policymakers, usually politicians and civil servants regarding
their interests
● Electioneering the proxy: place their man in the right place, who can serve their purpose.
● Running Propaganda: seek to influence public opinion,

Informal pressure groups


They are informally organized and are not registered with the government. These pressure groups are largely
based on religion, caste, ethnicity and language etc.
Informal pressure groups have emerged as more powerful than formal pressure groups due to following reasons
● Lack of good governance: ruling party fails to address the grievances of the people,
● Divisive tendencies: Political parties promote interests of multiple sections which may be conflicting in
nature.
● Promotion of Sectional interest: rather than in consonance with the larger public interest.
● Political activism: spread of grass roots participation, so there is a mass appeal to it.
● Bring greater reforms: fought for the equal rights of women and women empowerment.
o For E.g., The Narmada Bachao Andolan, the introduction of the Lokpal Act

Issues with informal groups


● Propagating extremism: too much influence over the government from unelected extremist minority
groups
● Instability: they are unstable and lack commitment; their loyalties shift with political situations
● Narrow selfish interests: organised around religious, regional and ethnic issues.

Conclusion
Pressure groups are now one of the most indispensable parts of a democratic system. Being unnoticed for a long
time, now these groups have made their place in the system.

4. Discuss the role of Public Accounts Committee in establishing accountability of the government to
the people.

Introduction:
In India, the parliamentary form of government is in force, the legislature has the power to ensure “that the
appropriated money is spent economically, judiciously and for the purpose for which it was sanctioned”.

Functions of PCA
● Examination of accounts: of the CAG. It means that,
(a) Expenditure should not exceed the appropriation made by the parliament,
(b) That the expenditure has been incurred for the purpose for which it was voted by the Parliament,
(c) That amount has been spent by the officials, who are legally authorised to spend the money,
● Implementation with efficiency: see that the approved policy has been implemented by the executive
authorities with maximum efficiency and economy.
● Examine technicalities: Examine the technicalities of the procedure employed in maintaining the
accounts.
● Extension of functions:
(a) To examine the income and expenditure statement of state corporations, trading and
manufacturing schemes, corners and projects.
(b) To examine the statement of accounts of autonomous and semi-autonomous bodies.
Importance of PAC
● Watchdog: PAC acts as the watchdog of the public purse
● Increase efficiency by use of time
● Provide expertise: on matters that are complex
● Enforce accountability: of the government
● Streamline efforts: for efficient, speedy and economical implementation of policy.

Limitations of the Public Accounts Committee


● Only does post-mortem
● Advisory functions
● Work only on consensus then on majority
● No intervention in matters of day- to-day administration.
● No procedure of corrective actions

Conclusion
Though it is rightly called the mother of all committees, still there is a need to strengthen the committee and its
functions because it is an authority which keeps a track of the public funds, fiscal policies and programmes of the
government.

5. "To ensure effective implementation of policies addressing water, sanitation and hygiene needs the
identification of the beneficiary segments is to be synchronized with the anticipated outcomes."
Examine the statement in the context of the WASH scheme.

Introduction:
The WHO WASH Strategy has been developed in response to 2030 Agenda for Sustainable Development (SDG
3: Good Health and Well Being, SDG 6: Clean Water and Sanitation).

Disparity in access to WASH


In India, 128 million lack safe water services and about 840 million people don’t have sanitation services.

WASH Policy
The identification of beneficiary is one of its components.
Policymakers have gradually moved away from a “one size fits all” approach to a beneficiary-centric approach.
Population was therefore segmented as rural, urban, low income and so on.
Segmenting the beneficiaries on the basis of the human life cycle (LCS) is gaining traction.
It is imperative that our policies straddle both the LCS and GSS approaches, rather than restricting to the
traditional GSS approach.

Conclusion
Access to pure drinking water, sanitation facilities and hygiene environment is the aim of this scheme. In
selecting the beneficiaries, that must synch with the anticipated outcomes.

6. Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment
and inclusion of the intended beneficiaries in the society? Discuss.

Introduction:
Around 3% of the Indian population is disabled in various types of disabilities. Rights of People with Disabilities
Act 2016 was enacted to protect them from alienation.

Challenges
● Institutional hindrance: lack of awareness amongst masses
● Lack of implementation of supporting schemes: process is very slow.
● Persistence of taboo: people treat them as an object of pity and sympathy
● Lack of inclusivity: shortage of special schools, trained teachers and proper funds for the same.
● Employment challenge: even in cases where the person is capable enough.
● No proper data of different types of disability.
Features of Act
● Increase in types of disabilities: from existing 7 to 21.
● Reservation: increased from 3% to 4%
● Right to free education: between the age group of 6 and 18 years
● Special court: to handle cases concerning violation of rights of PwDs.
● Penalty of offence: committed against persons with disabilities
● Notification of additional disabilities: by the government

Conclusion
The new law will not only enhance the Rights and Entitlements of Divyang-Jan but also provide effective
mechanism for ensuring their empowerment and true inclusion into the Society in a satisfactory manner.

7. "China is using its economic relations and positive trade surplus as tools to develop potential military
power status in Asia." In the light of this statement, discuss its impact on India as her neighbour.

Introduction:
India and the world have watched China’s growing investment in Asia and beyond with a mix of awe and
apprehension. The unprecedented scale of these investments is reshaping political arrangements around South
Asia.
China’s Role
● In the past decade, China has invested or committed more than $150 billion in its neighbours
● Chinese penetration is the highest in the two economies that flank India – Myanmar and Pakistan
● China’s playbook is clear, it first enters as a military supplier, then cultivates and partners with local
elites.
● Chinese investment is concentrated in hard infrastructure – power, roads, railways, bridges, ports and
airports.
● China has replaced India as Sri Lanka’s biggest economic partner. It is gaining control of Sri Lanka’s
ports.

Concerns for India:


1. Security Concerns:
● Growing cooperation between Pakistan and China.
● Increasing nexus between Nepal and China.
● Acceptance to China-Pakistan Economic Corridor by south Asian countries.
2. Leadership Roles in South Asia:
● torch bearer for the region which India wants for itself.
3. Political:
● China could use its clout to sideline India in multilateral forums
4. Geo-strategic
● All of India’s neighbours have joined China-led BRI except Bhutan.

However, India has not been a silent spectator and has initiated three-fold response:
● Actively engaging China through platforms such as BRICS, SCO
● Initiatives such as Act East, BIMSTEC, QUAD
● Investing in its own Military and Naval capabilities in Indian Ocean region (Project 75I, SAGAR
initiative, etc.)
Conclusion
India and China are not necessarily adversaries in Asia rather can be engaging partners in Asian growth century.

8. What are the main functions of the United Nations Economic and Social Council (ECOSOC)? Explain
different functional commissions attached to it.

Introduction:
It is the main body responsible for coordination, policy dialogue, policy review and recommendations on social,
economic and environmental issues, and also the implementation of internationally agreed development goals.
ECOSOC Functions
The functions of the ECOSOC encompass the following areas:
● Promoting sustainable development: follow-up and review.
● Advancing policy integration: chart ways to achieve the three pillars of sustainable development
(social, economic and environmental)
● Development Cooperation Forum: reviews the latest trends and progress in international development
cooperation
● Financing for sustainable development
● Coordinating humanitarian action: tackle pressing issues of humanitarian concern.
● Partnership Forum: brings together influential government leaders, civil society, the private sector and
the non-profit sector also

Functional Commissions
There are several functional commissions are attached to it.
Active commissions:
● Commission for Social Development
● Commission on Narcotic Drugs
● Commission on Crime Prevention and Criminal Justice
● Statistical Commission
● Forum on Forests
● Commission on Science and Technology for Development
● Commission on the Status of Women
● Commission on Population and Development
Conclusion
ECOSOC plays a very important role in the UN system. It has a very important role of acting as a link between the diverse
body of agencies, conventions and organizations within the UN, which makes it one of the important bodies of UN

9. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court
on Right to Privacy.

Introduction:
Owing to technological revolution, the concern for privacy has become higher than at any time in recent history.

Right to Privacy Judgement


Supreme Court of India has held that right to privacy is a Fundamental Right and it is protected under Article 21
of the Constitution of India. This verdict has a huge impact on the lives of 134 crore Indians.

Emphasis of Right to Privacy as a Fundamental Right


• Broad meaning: freedom from intrusion into one’s home, dress of one’s choice, freedom to associate
• Intrinsic HR: born with the human being and stays until death.
• Integral to FR: Privacy is integral to the several fundamental rights recognised by the Constitution.
• Impartial application: The right to privacy is available to the rich and the poor alike.
• Right above all: enjoy despite the governments that they may elect.
• Important for unity and integrity: ensured when the dignity of every citizen is guaranteed
• Control on use of digital data

Implication of judgement
• This will strengthen freedom of thoughts, expressions, beliefs etc.
• Provides for protection against the state’s interference in the private matters like marriage, family & sex.
• It will help in prevent the situation of surveillance by the state.
• It will give boost to the rights of the transgender & LGBT
• The dignity & integrity of a people’s body, mind & thoughts are protected through Right to privacy.
• Now one can make the state accountable & seek justice

Conclusion
The concern about the privacy issue is a bone of contention. At the same time, it is also essential to deliver
quality governance in the country.
10. The Indian Constitution has provisions for holding joint session of the two Houses of the Parliament. Enumerate
the occasions when this would normally happen and also the occasions when it cannot, with reason thereof.

Introduction:
The founding fathers foresaw situations where there could be a deadlock between both Houses of Parliament.
Therefore, they provided for a constitutional mechanism to break this deadlock, in the form of joint sittings.

Situations where Joint session may be summoned


1. To resolve deadlock
● Article 108 of the Indian Constitution provides for a joint sitting of both Houses of Parliament.
● If after a bill is passed by one House and transmitted to the other House –
1. The other House rejects this bill, or
2. The Houses do not agree on the amendments made to the bill, or
3. More than six months elapse with bill being received by the other House without it being passed.
● Then, the President can summon a joint sitting unless the bill had elapsed because of the Lok Sabha’s dissolution.
2. According to Article 87 of the Constitution, there are two instances when the country’s President
specifically addresses a joint sitting of both Houses. They are:
● At the start of the first session after a general election.
● At the start of the first session every year.
3. When any foreign dignitary may address the Parliament E.g. Barack Obama addressed in 2010.

Exceptions where Joint sitting cannot be held


There are two exceptions when a joint sitting cannot be summoned. They are for the following bills:
● Constitution Amendment Bill
● Money Bill (Article 110)
Occasions when joint sitting was held
The bills that have been passed at joint sittings are:
1. Dowry Prohibition Bill, 1960.
2. Banking Service Commission (Repeal) Bill, 1977.
3. Prevention of Terrorism Bill, 2002.
Conclusion
According to Article 118, the President of India may adopt rules for the proceedings of a joint session of parliament after
consulting with the chair of the Rajya Sabha and the Speaker of the Lok Sabha.

11. To enhance the quality of democracy in India the Election Commission of India has proposed electoral
reforms in 2016. What are the suggested reforms and how far are they significant to make democracy
successful?

Introduction:
India is a vibrant democracy with people electing their representatives at several levels beginning from local
bodies & panchayats to the Parliament.
Election Commission of India has proposed electoral reforms in 2016, some of them are discussed below
● Expenditure of the Commission should be charged as non-votable expenditure
● Independent Secretariat: power to choose and appoint officials without any executive interference.
● Registration in the native constituency
● Use of electoral roll: proposed amendment of the State laws
● Proxy voting: for overseas electors
● EVM totalizer: to count the votes of multiple booths.
● False statement an electoral offence: False statements or declaration before the Commission
● Debar from election: Persons charged with cognizable offences

Conclusion
It is crucial to plug the loopholes in the current laws to make the entire governance machinery more accountable
and transparent.
12. Is the National Commission for Women able to strategize and tackle the problems that women face at
both public and private spheres? Give reasons in support of your answer.

Introduction:
The National Commission for Women was formed with an intention to establish an equal and just livelihood for
women by making legal and constitutional amendments for women in India.

Over the years NCW has been instrumental in tackling many issues
● Campaign against Triple Talak: Supported Shah Bano
● Did field survey on Muslim women: for a rational response.
● Rehabilitation of acid attack victims: also recommended legislative and policy initiatives for preventing
acid attacks.
● Awareness drive: partnered with NGOs
● Violence free home: undertaken inspection of jails and promoted the idea of violence free home.
● Reservation in education: and jobs
● Take Suo moto cognizance: It has acted Suo moto and provided speedy justice in many cases
● Active in NRI marriage issue
● Proposed Bill on domestic violence
● Helped in speedy delivery of justice: by organizing Parivarik Mahila Lok Adalats
Issues & Challenges of the commission
● Lack of capacity
● Prejudice: due to influence of the prevalent patriarchy in our society.
● Toothless and spineless body: only recommendatory and has no power to enforce its decisions.
● No power to take legal action: against the Internal Complaint Committees
● Financially dependent: on the grants offered by the central government.
● Politicization of body: It does not have the power to choose its own members.
● Lack constitutional status: It lack constitutional status, and thus has no legal powers to summon police
officers or witnesses.

Conclusion
Though the NCW have done some good work for the women in India, the above-mentioned shortcomings must
be addressed.

13. The question of India's Energy Security constitutes the most important part of India's economic progress.
Analyze India's energy policy cooperation with West Asian countries.

Introduction:
Inda is dependent on imports for 80% of its oil needs, of which roughly 55% is sourced from the Persian Gulf
region.
India's energy policy cooperation with West Asian countries
● Investment in oil exploration in India: By some estimates, India’s own reserves remain 60-70% under-
explored.
● Expending cooperation: understanding and growing economic ties with Saudi Arabia and strong links
with Bahrain—they could be viable sources of investment in India’s energy sector.
● Diaspora link: The Indian diaspora in the Arab states is seven million strong—a valuable connection and
responsible for some $40 billion in remittances annually.
● Strategic oil reserves: Middle east being a cradle of conflicts it is likely to have reduction in petroleum
supplies during tense times.
● Petroleum pipeline: agreement with Turkmenistan for constructing a pipeline between Turkmenistan
and India.
Concerns
● rising dependence on imported oil, regulatory uncertainty, international monopolies and opaque
natural gas pricing policies
● The security scenario in the region, issue of terrorism, China’s increasing influence in the region etc.
● Failure to get onboard all interested parties in IPI (Iran-Pakistan-India) gas pipeline
Suggestions
● Expand energy security department: with MEA
● Intensification of direct investments in West Asian energy resources, both at the public and private
sector levels.
● Diversification:
o Enhance energy cooperation with other Asian countries like China, Japan, South Korea etc.
o Develop closer ties with countries like Iceland, Israel etc.
Conclusion
In the period to 2040, India will overtake China as the largest source of rising demand for oil. The time to begin
securing its interests in West Asia is now when it holds the advantage.

14. Indian diaspora has an important role to play in South-East Asian countries' economy and society.
Appraise the role of Indian diaspora in South-East Asia in this context.

Introduction:
The diaspora of any country provides a human dimension to the links between two countries. As the “diaspora”
has the capacity to influence a country’s foreign policy, it inherently becomes a “soft power” tool in the hands of
policy makers. Indian diaspora in Southeast Asia
● There is no uniformity in terms of social, political and economic prowess among Indians in Southeast Asia.
● Indian migration includes professionals holding senior positions in the fields of IT, education, and
technology among other aspects.
● The political, economic and social status of Indians vis-à-vis Chinese and local Malays is not satisfactory.
● In Singapore, Indians are well represented in the judiciary, civil services and armed forces of that country.

Role of Indian diaspora


● Cultural influence: Indians have enriched the culture of their countries since the ancient times as many
Hindu rulers like Cholas and many Buddhist monks have spread these religions in these countries.
● Soft power: Bollywood and Tollywood movies are quite famous in these countries.
● Indian guru like Baba Ramdev, Sri Ravishankar, and Ayurveda, have been popularized by these Indian
diasporas in this part of the world.
● Indian languages have also been recognized in these countries.
● Economic: Many Indian companies have their base in countries like Singapore and Thailand.
● Many Indians are also working there in the service sectors mainly in the IT companies and paying taxes
as well increasing the demand in these countries.

Conclusion
The Indian diaspora has the unique ability to integrate itself with the local community in a good way while
serving as a bridge to India’s heritage and culture.

********
2018

1. Under what circumstances can a financial emergency proclaim by the Indian president? What
consequences follow when such a declaration remains in force?

Introduction:
Part XVIII (Article 352-360) of the Indian Constitution talks about the Emergency Provisions. Only the President
of India has the power to impose emergency in the country after the approval of the cabinet. The provisions of
emergency are taken from the Constitution of Germany.

Circumstances to Impose Financial Emergency


• Article 360: Article 360 empowers the president to proclaim a Financial Emergency
• Under Judicial Review: According to 44 Amendment

Consequences of Financial Emergency


• Increase in Centre's Authority: executive authority of the Centre extends
o in directing any state to observe such canons of financial propriety
o to such other directions as the President may deem necessary
• Reducing Salary of State Employees: of all or any class of persons serving in the state.
• Reservation of Bills: All money bills or other financial bills passed by the state legislature can be reserved.
• Power of President: President may issue directions for the reduction of salaries and allowances of
o all or any class of persons serving the Union, and
o the judges of the Supreme Court and the high court

Criticism to Financial Emergency


• No Specification: "Financial Instability' is a loose word and the governments can twist this at will
• Challenge to Federalism: Centre gains complete power over states in financial matters
• President Role: As President is bound to act on the advice of Centre
• Penalty for Well-performing States: bound to face the brunt of the mismanagement and failure of the
Central Government.

Conclusion:
The aim of power accumulation is to protect the constitutional order, not to destroy it. The Emergency Provisions
improve the federal government's ability to function. It is the Umon's responsibility to safeguard the
constituent units.

2. The Comptroller and Auditor General of India (CAG) as a very vital role to play. Explain how this is
reflected in the method and terms of his appointment as well as the range of powers he can exercise.

Introduction:
CAG is one of the bulwarks of the democratic system of government in India like Supreme Court and Election
Commission. Visualizing its important role Dr. B.R. Ambedkar said that the CAC shall be the most important
Officer under the Constitution of India.

Modes of Appointment and Independence of CAG


• Article 148: provides for an independent office of the CAG. He is the head of the Indian Audit and
Accounts Department.
• Appointed by President: by a warrant under his hand and seal.
• Removal: He can be removed by the president on same grounds as a judge of the Supreme Court.
• Security of Tenure: he does not hold his office till the pleasure of the president.
• No Re-appointment: CAG is not eligible for further office
• Service Conditions determined by Parliament: Salary and other service conditions
• Unchangeable Service Conditions: cannot be altered to CAG's disadvantage after CAG's appointment.
• Charged Expenditure: charged on the Consolidated Fund of India
• Protection from Ministers: No minister can represent the CAG in Parliament (both Houses)
• Responsible to Parliament: The CAG is an agent of the Parliament

Powers of CAG
• Auditing Centre's and State's Funds: related to all expenditure from the Consolidated Fund of India,
State and each UT having a Legislative Assembly.
o CAG audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary
accounts kept by any department of the Central Government and state governments.
• Auditing Government Bodies: CAG audits the receipts and expenditure of the - all bodies and authorities
• Auditing of Local Bodies: when requested by the President or Governor.
• Advices President: Under Article 150
• Certification of Net Proceeds: of any tax or duty and his certificate is final.

Importance of CAG
• Guardian of Public Purse: controls the entire financial system of the country
• Upholds Constitution: laws of Parliament in the field of financial administration.
• Accountability of Parliament: secured through audit reports of the CAG.
• Guiding Public Accounts Committee: CAG acts as a friend, philosopher, and guide
• Propriety Audit: CAG can look into the wisdom, faithfulness and economy' of government expenditure
• Raising Awareness: played a pivotal role in unearthing 2G and coal scams

Challenges
• Less time on Performance Audits: CAG spends most of its time on compliance audits
• Lack of Evidence in Reporting: shortage of evidence in 50% of reports submitted by the CAG.
• Delay in Reporting: Delay in the tabling of the reports in parliament.
• Post facto Role: the CAG in India is auditor general, and the function of comptrolling is absent.
• Paralysing Policies: Ex. - 2G Scam case, no substantial prove was provided by the CAG and accused were
set free.

Conclusion:
At the core of Parliamentary form of Governance is the responsibility of the Executive to the Legislature and the
financial control of the executive by the legislature. CAG is fulfilling this role, but there is a need to strengthen
its independence and it can avoid being a Caged Parrot.

3. India's relation with Israel has of late acquired a depth and diversity which cannot be rolled back.

Introduction:
India-Israel diplomatic ties completed 30 years in 2022. Both countries share certain similarities that have helped
to draw them close to each other like common law structure, democratic practices, colonial past, civilizational
linkage, etc.

Factors Helping India-Israel Relation


• A Friend in Crisis: providing India with weapons that India would not have availed from any other
country.
• Dehyphenating the Israel-Palestine issue: India has been successful in delinking its relations with Israel
from that of Palestine
• Similar Terrorism Angle: similarity between its struggle against Pakistan sponsored terrorism and Israel's
coping with Hamas sponsored terrorism.
• Hostile and Nuclear-armed Neighbourhood: and radicalism emanating from international terror groups
like Al Qaeda, ISIS, etc.
• Mutual Benefit: Indi's talent and skill complement Israeli innovation and technology.

Depth and Diversity of India - Israel Relations


• Economic and Commercial Relations: India is Israel's 3rd largest trading partner in Asia and 7th largest
globally.
o Diversified: an increase in trade in areas such as electronic machinery and high tech products;
communications systems; medical equipment etc.
o FTA: India and Israel have restarted negotiations
• Investment
o Indian Investments in Israel: TCS, SBI, Sun Pharma, Infosys, Tech Mahindra and Wipro etc.
o Israeli investments in India: There are over 300 investments from Israel in India mainly in the high-
tech domain
• Agriculture: cooperation between the two sides is formalized through 3-Year Work plans
o Village of Excellence: aimed at creating a model ecosystem in agriculture across eight states in
India
• Water: Israel's success in desalinization of salty sea water into fresh water can be solution to India's
problem of water scarcity.
• Energy: Israel's Focal Energy committed for investments worth US$ 20 million in India's energy sector
• Industrial and R&D Cooperation: Governments of the two countries have created a USD 40 million fund

• Defence and Security: ranges from anti-missile systems to night vision cameras, from advanced radar
systems to UAVs.
o Counter Terrorism: There is also a Joint Working Group for counter-terror operations.
• Science and Technology: iCreate program between Indian and Israel to accelerate innovation and
technology
• Culture and Education: Israelis perceives India as an attractive, alternative tourist destination.
o Several courses related to India are taught at Hebrew University and Haifa University.

Conclusion:
Beyond missiles and mortars, 'India-Israel 2.0' is getting underwritten by a broader spectrum of non-
conventional areas such as information and cybersecurity, water conservation, education, health and research.

4. A number of outside powers have entrenched themselves in Central Asia, which is a zone of interest to
Indía. Discuss the implications, in this context, of India's joining the Ashgabat Agreement.

Introduction:
Central Asia is the region consisting the territories of Kazakhstan. Kyrgyzstan, Tajikistan. Turkmenistan and
Uzbekistan. After the collapse of Soviet Union in 1991, the engagement with Central Asia has received a renewed
impetus.

Significance of Central Asia


• Strategic Geographical Location: CARS lie the crossroads of Russia, the Middle East, South Asia and the
Far East
• Pivotal Role of the Region in Europe-Asia Connectivity: works as a bridge between Eastern countries to
Western ones
• Vast Energy Resources: All these states are rich in minerals and well-endowed with hydroelectric resources
• Significant Investment and Market Potential: which is still untapped.
• Role in Broader Regional Security: drug trafficking pose challenges to these societies and to regional
stability.
• Larger Economic Potential: With the completion of Trans-Asian railway projects

Outside powers in Central Asia


China
• China's Silk Road initiative has found echo in Central Asian countries.
• "Debt diplomacy", taking over of oil & gas industries and controlling key pipeline routes
Russia
• Central Asia is considered as soft underbelly of Russia
• Russia dominates Collective security treaty organisation (CSTO).
United States of America
• One of the first Western countries to recognize the Central Asian states' independence
• The US strategy towards the Central Asian countries is mainly based on geopolitical reasons.
India
• India has been a relative latecomer in this great power game.
• India's engagement has been through TAPI gas pipeline project, International North South Transport
Corridor (INSTC). Military engagements like KAZIND and KHANJAR exercise

India's Major Geo-Political Interest in Central Asia


• Political Engagement: Strengthening geopolitical engagement with Central Asia in a geo-cultural
framework.
• Terrorism: Cooperating with the Central Asian countries to checkmate radicalism, extremism and narco-
trafficking
• Connectivity: Strategizing India's connectivity with Central Asia.
• Countering China: Checkmating China's hegemonisation process in the region.
• Cooperative and Mutual Growth: in the Central Asian geopolitical space.
What is Ashgabat Agreement?
• The Ashgabat Agreement came into force in April 2016, is an international multimodal transport and transit
corridor between Central Asia and the Persian Gulf.

Implications Ashgabat Agreement


• Increase in Connectivity: The agreement will increase India's reach in Central Asia and Further to the Eurasian
region.
• Increase in reach of Minerals and Manufacturing Potential
• Increase in Trade Potential: Only by improving transport connectivity can the prospect of commercial ties with
the region be enhanced.
• Opening of New Markets: interlinking sources of raw material, centers of productions and markets between
India and Eurasia
• Synchronization with India's Connectivity Efforts: Ashgabat Agreement and INSTC will be easily synchronized.

Way forward
• Geo-Cultural Ties: strengthen Geo-cultural ties with Central Asian Region (CAR).
• Connectivity: The Chabahar Port can play a role in cementing India's relations with Central Asia.
• Religious Extremism: prevent the growth and proliferation of religious extremism
• Mutual Collaboration: As Chinese clout increases in CAR
• Increase Investment: India needs to walk the talk when it comes to timely funding, completing the projects
and avoiding delays.

Conclusion
India's engagement with the Central Asian countries should be looked at from both geo-cultural and geo-
strategic perspectives. The growth in bilateral mutual trade and economic cooperation will certainly add
substance to the existing relations.

5. How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of
the above, discuss the constitutional validity and competency of the tribunals in India.

Introduction:
"Tribunal' is an administrative body established for the purpose of discharging quasi-judicial duties. A tribunal is
neither a Court nor an executive body. It stands somewhere midway between a Court and an administrative
body.

Tribunal System in India - Constitutional Validity and Others


• Constitutional Provision: created by the 42nd Amendment Act of 1976, which added Articles 323A and 323B
o Article 323A empowered Parliament to constitute administrative Tribunals
o Article 323B is for Tribunals for other matters in 7th Schedule
• Reason for their Existence:
o Reduce Pendency: provide a platform for faster adjudication as compared to traditional courts
o Expert knowledge: in certain technical cases
• Nature and Objective: There have been made for discharging quasi-judicial duties.
• Independence: Supreme Court ruled that tribunals should have the same level of independence from executive
as the judiciary.

Tribunals Curtailing Jurisdiction of Ordinary Courts


• Rampant Tribalization: replaced high courts for disputes under the Companies Act, Competition Act, SEBI Act
among others.
• Against the Doctrine of Separation of Power: As Tribunals are the quasi-judicial bodies
• Overstepping High Courts: Any person aggrieved by an order of an appellate tribunal can directly appeal to the
Supreme Court,
o In L Chandra Kumar Case, 1997, the Supreme Court held that the power of the High Court's lies to the
tribunals also.
• Technical Persons fulfilling Judicial Role

Competency of Tribunals in India


• Constitutional Validity of Tribunals: Parliament may create an alternative to High Courts
• Authority to Question Constitutionality of Statutory Provisions
• Expert View: Tribunals provide an expert' view while adjudicating the cases,
• Flexibility in Procedure: As the Tribunals work on the principle of natural justice
• Reducing Pendency: The disposal by the tribunals in relation to the cases filed every year has been high at 94%,
• Less Expensive: Tribunal justice ensures cheap and quick justice

Challenges
• Excessive Executive Control
• Increase in Number of Appeals: Litigants tend to appeal to the higher courts
• Lack of Constitutional Protection as High Courts
• Allegiance to Parent Ministries
• Non-Accessibility: Tribunals are not as accessible as high courts.
• High Pendency: One of the key purposes of tribunals is to reduce the workload of courts

Way Forward
• Tribunals only supplemental not substitute for high courts
• Single Nodal Agency for all Tribunals
• Uniformity in Appointments: fixed, non-extendable term of three years for judicial members.
• Independence: from executive's influence.
• Accessibility: Tribunals must have benches in different parts of the country

Conclusion
Adjudication suffers from many shortcomings that cannot perhaps be denied. But, like delegated legislation, it
is an inescapable necessity in a modem complex society. Tribunals should be revamped keeping in mind the
recommendations of the 272 Law Commission report for the restructuring of tribunals.

6. Indian and USA are two large democracies. Examine the basic tenets on which the two political systems
are based

Introduction:
The US has an undisputed claim of being the oldest democracy and India functions as the world's largest
democracy. Apart from converging interests in international affairs, both have a lot of similarities in their political
systems

Basic tenets of Indian and US Political System


• Fundamental Rights and Bill of Rights
• Written Constitution: The US constitution is the 1s written constitution and India has the lengthiest written
constitution.
• Separation of Power and Separation of Function:
o The USA follows water tight compartmentalization. Here, the executive is not responsible to the
legislature.
o India follows separation of functions, where the executive also performs legislative functions.
• Federalization: Both systems follow bicameral system of parliament.
o In the US, the Senate represents the states with equal representation from each state i
o In India, the Rajya Sabha represents the states with proportional representation from each state
o The US model of federalization is 'centrifugal' (coming together) model whereas the Indian model is
'centripetal' (holding together) model.
• Due Process of law: The US follows due process of law, whereas in India we followed Procedure established by
law.
• Independent Judiciary: The single system of courts in India enforces both the central laws as well as the state
laws, unlike in USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced
by the state judiciary.
• Supremacy of Federal/Union Government: The Laws enacted by the Union Government in both the USA and
India supersede the laws enacted by the states on the same subject.

Conclusion:
The political systems are reflections of the circumstances that particular country has went throughout its
evolution as a nation. In the times of unipolar world, countries should not only look for different interests but
also the age-old convergence principles.
7. How is the Finance Commission of India constituted? What do you know about the terms of reference of
the recently constituted Finance Commission? Discuss.

Introduction:
The Finance Commission is a constitutional body formed by the President of India to give suggestions on centre-
state financial relations. Article 280 of the Constitution of India provides for a Finance Commission ass a quasi-
judicial.

Composition
• Members: Chairman and four other members to be appointed by the president.
• Tenure and Reappointment: as specified by the president in his order. They are eligible for reappointment.
• Qualification: The Constitution authorizes the Parliament to determine the qualifications and selection
manner. Accordingly, the Parliament has specified the qualifications.
o The chairman should be a person having experience in public affairs.
The four other members should be selected from amongst the following:
o A judge of high court or one qualified to be appointed as one.
o A person who has specialized knowledge of finance and accounts of the government.
o A person who has wide experience in financial matters and in administration.
o A person who has special knowledge of economics.

Terms of Reference for 15th Finance Commission


• Use of 2011 Census: while making its recommendations.
• Revenue Deficit Grant: examine whether revenue deficit grants be provided at all.
• Potential and Fiscal Capacity: In the context of both tax and non-tax revenues
• Impact of GST: including payment of compensation for possible loss of revenues for 5 years
• Considering Disaster Management: with reference to the funds constituted under the Disaster Management
Act, 2005
• Performance-based incentives for States:
o Considering GST Impact
o Progress in Population Control
• Progress in other important areas: flagship schemes of government
• Efficient Expenditure: eliminating losses of power sector
• Progress in Fiscal management
• Grants to local bodies
• Control over populist expenditure

Conclusion:
The finance commission is required for division of finances between centre and state to fulfill their respective
responsibilities.

8. The citizen’s charter is an ideal instrument of organizational transparency and accountability, but it has
its own limitations. Identify the limitations and suggest measures for greater effectiveness of Citizens
Charter.

Introduction:
The Citizen's charter is a written, voluntary declaration by service providers about their service standards,
choice. accessibility, non-discrimination, transparency and accountability.

The citizen’s charter is an ideal instrument of organizational transparency and accountability:


• Transparency through right Information: E.g., Information requested through RTI is provided in digital, well
readable format.
• Transparency in Choice: E.g., People are given choices to get the LPG connection through cylinder of piped
connection.
• Accountability through specified Standards: E.g., Water quality standards offered by various agencies are
published
• Value for tax payer’s money: strives to strike the balance between spend the amount judiciously
• Ensures service standards: enforces the accountability of the department
• Transparent delivery system: E.g., Jan Soochana Portal of Rajasthan government.
Some of the limitations of the Citizen Charters are as follows:
• Uniform citizen charter: for all offices under the parent organization overlooks local issues.
• Charters are rarely updated: still not been adopted by all Ministries/ Departments.
• Minimal Consultation with stakeholders
• The lack of training and motivation: to deliver the level of services promised by the charter
• Lack of public awareness campaign: to educate and aware the public
• Unrealistic standards: therefore, losing more trust of the stakeholders.
• Vaguely presented: Sometimes, even the concept of Citizen's charter was not properly understood
• Implemental issues: little internal or external monitoring of the implementation
• Hierarchy gap: between the Officers and the Operative Staff.

Measures to make citizen's charter effective are as follows:


• Decentralization of Formulation process
• Recommendations of Second ARC Report: Citizens' Charter should be prepared for each independent unit
• Recommendations of Indian Institute of Public Administration (IIPA):
o Need for citizens and staff to be consulted at every stage
o Need for creation of database on consumer grievances and redress.
o Orientation of staff about the salient features and goals/ objectives of the Charter
• Must be precise and specific: standards in quantifiable terms.
• Periodic evaluation: through external agency.
• Hold officers accountable: for results by fixing responsibility in cases of default
• Wider Publicity: about it in vernacular languages.
• Include Civil Society in the process

Conclusion:
A Citizens' Charter cannot be an end in itself, it is rather a means to an end - a tool to ensure that the citizen is
always at the heart of any service delivery mechanism. Drawing from best practice models such as the Sevottam
Model can help CC in becoming more citizen centric.

9. What are the key areas of reform if the WTO has to survive in the present context of "Trade War',
especially keeping in mind the interest of India?

Introduction:
Trade war is a situation when one country tries and damage other's country's economy through the
protectionism like, imposition of tariffs, quotas or other restrictions on imports and exports.

WTO is facing issue due to ongoing trade war between the economies because of the following reasons:
• Weak at multilateral framework: largest trading partners were not following the trading rulebook.
• Inadequacy in dispute resolution system: inadequacy in the number of judges
• Greater bilateral and regional cooperation's: attack the very ethos of a multilateral trading set-up.
• Rising protectionism: across the developed world (USA, Brexit in UK)
• Mega free trade agreements: such as RCEP, TPP etc. are an indication of WTO's failure
• Chinese presence: The US and the EU have not been able to counter China's tariff manipulation.

The key areas of reforms if WTO has to survive in present context are as follows:
• Dispute Settlement System: bringing transparency, shortening of time frames, permanent panel body, etc.
• Reducing Trade Costs: Example-India being a major service provider would benefit if reforms are carried out
in trade facilitation of services.
• Establishing a review mechanism: that incorporates self-assessment by WTO bodies
• Holistic approach in reforming its multilateralism: by considering important recommendations of experts
• Need of new rules for new businesses: to put the old obligations on the back-burner
• Obsolete Technical functioning: In critical areas, the organisation has neither responded, nor adapted, nor
delivered.
• Trade-distorting domestic subsidies: use of Agricultural and industrial subsidies has caused blockages in the
system
• Blockage and deadlock in the Appellate Body: stage of the WTO dispute settlement system triggered the
present crisis.
• The ambiguity in terms of ad valorem tax: equivalence for various products must be provided with clarity in
the tariff schedule.
• The expansion of digital trade: adds to meaningful negotiations in terms of international trade
• The rising gap: between the developed and developing countries must be narrowed
• Specialized mechanisms: must be developed to treat commercial agriculture differently from small scale and
medium farming's.

WTO should keep in mind India's following Interests while reforming its provisions:
• Wishes to increase exports: Example- Patent Relaxations
• Free and fair trade to boost India's growth: without imposing unlawful tariff barriers
• Farmers interest vis a vis TFA: Example-Curtailing harmful fishing subsidies
• Global Food Security: should be allowed to restrict food supplies
• Agricultural subsidies: have always been a cause of concern for Agri-exports from India.
• Issue of public stockholding: The 'peace clause' agreed to during Bali conference allows India to carry on with
its PDS program
• Special and differential treatment (SDT): to developing and least developed nations
• Issues related to intellectual property rights: developed nations have been trying to push TRIPS+ commitments
through WTO.

Conclusion:
The WTO is at a crossroads. Not only are the multilateral trade negotiations stuck, but overall rule-making has
made little progress while alternative trade pacts, not least the mega-regional arrangements, have clearly
challenged the position of trade multilateralism.

10. In what ways would the ongoing US-Tran Nuclear Pact Controversy affect the national interest of India?
How should India respond to this situation?

Introduction:
The US has said it will re-join the Iran nuclear deal, also known as Joint Comprehensive Plan of Action (JCPOA),
an agreement between Iran and P5+1 (UN Security Council members + Germany) countries if Iran complies with
the terms of the original deal of completely eliminating its stock of medium enriched uranium, reduce the stock
of low enriched uranium by 98% and reduce almost by 2/3rd its gas centrifuges for 13 years.

The ongoing US-Iran Nuclear Pact Controversy affect the national interest of India in the following ways:
• Strategic Autonomy: US is coercing India and other countries to sever ties with Iran
• Disruption of Oil Supply: Sanctions on Iran will disrupt the crude oil supplies
• Economic implications: Due to the tension there are chances of oil prices escalating
• Indian Investments: Example-India-Iran Pipeline project has been further delayed
• Terrorism: Instability in the region has already resulted in rise of extremist group
• Security: The West Asian region will be seriously impacted by Iran- US tensions which will pass onto Afghanistan

However, the recent talks on revival of the JCPOA has following significance for India;
• Decrease of trade bill: because now it has to completely pay in USD.
• Decrease in trade deficit: if it starts dealing in crude oil with Iran again.
• Benefit in gas imports: If Iranian gas comes into the market
• Boost to Regional Connectivity: through reviving India's interest in Bandar Abbas port, and the Chabahar port
• Boost connectivity to Central Asian countries: Through International North-South Transit Corridor (INSTC)

India's course of action should be the following:


• Alternative source of Oil security: in order to compensate for the loss of supply of Iranian oil.
• Push for Peace truce: with fellow like-minded countries until a permanent solution is not found out.
• Demand UN intervention: that looks after the interest of both the parties without partiality.

Conclusion:
India is negotiating both bilaterally and multilaterally with the U.S., and the government have to choose its future
course factoring in the new US policies. India should engage itself in peacefully resolving the issues through
dialog and diplomacy by respecting Iran's right to peaceful uses of peaceful uses of nuclear energy.

******
2019

1. Do you think the constitution of India does not accept the principle of strict separation of powers rather
than it is based on the principles of checks and balances?

Introduction:
The Indian constitution provides for demarcated spheres of influence for the organs of the state which are the
legislature, executive and judiciary. But, unlike the USA there is no strict separation of powers between the three
organs but there exist checks and balances for the effective governance of India.

India Constitution has Principles of Strict Separation of Powers


Judiciary from Executive:
• Article 50: Indian constitution provides for separation of judiciary from the executive.
• Article 121 and 212: Judicial conduct cannot be discussed in the house of parliament and state legislatures.
Legislature from Judiciary:
• Article 122 and 211: The Parliamentary proceedings cannot be questioned at the Judiciary.
• Article 105 and 194: No MP and MLA respectively are liable to any proceedings in any court in respect of
anything said or any vote given by them in legislatures or committees.
The Executive from Judiciary:
• Article 361: The President or Governors are not answerable to any courts for the exercise of their powers and
duties of their office.

Indian Constitution Provides the Principle of Checks and Balances


Legislature over Executive:
• Article 74: President acts on the aid and advice of the Council of ministers headed by the Prime minister.
• Article 61: Parliament impeaches the President for the violation of the constitution.
• Passing Motions: censure motion and No-confidence motion etc. make the executive responsible to the
legislature.
• MPLADS: This scheme allows the legislative members to act as executives
Executive over Legislature:
• Article 75: The Council of ministers are collectively responsible to the Parliament and the Lok Sabha in
particular.
• Article 123 and 213: The ordinance making powers of the President and Governor
Executive over Judiciary:
• Article 72 and 161: The Pardoning powers of the President and Governor to the judicial orders.
• Appointment and Transfers: The President appoints and transfers the judges and chief justice of the Supreme
Court and high courts.
Judiciary over Executive:
• Judicial activism: Allahabad HC had passed the orders that bureaucrats' children must be sent to government
schools
Legislature over Judiciary:
• Removal of Judges: The Parliament provides for the removal of SC and HC judges and Chief Justice
Judiciary over Legislature:
• Article 13: provides for judicial review of laws
• Article 32 and 226: The SC and HC have writ jurisdiction under article 32 and 226 respectively

Conclusion:
This was further accepted by SC in Ram Jawaya vs State of Punjab in which it claims constitution does not accept
strict separation of powers but functions of different branches are sufficiently demarcated.

2. The central administrative tribunal which was established for the redressal of grievances and complaints
by or against central government employees, nowadays is exercising its powers as an independent
judicial authority.

Introduction:
The central administrative tribunal was established by the 42nd amendment act, 1976 with constitutional status
under Article 323A. This provides for the effective and speedy delivery of justice to aggrieved public servants.

CAT as a Grievance Redressal Mechanism


• Original jurisdiction: over the issues of recruitment, service matters of the public servants.
• Principle: The CAT is not bound by the Evidence Act, 1972 and Code of civil procedure, 1908.
• Minimal Costs: This provides for flexibility in approach with a very low amount of fees (50rs/-)
• Speedy Delivery: with a reduction on the burden of cases on Supreme Courts and high courts.
• Quasi-judicial: The tribunal has members from both judicial and administrative departments

CAT Acting as a Judicial Authority


As Independent authority:
• Contempt proceedings: As per the Delhi HC ruling CAT can exercise the same jurisdiction and powers as a high
court in respect of contempt proceedings.
• As a civil court: in reviewing its own decisions and is bound by the principles of natural justice.
• Refrainment of SC: This provided CAT to function as an independent judicial authority.
Not an independent authority:
• Appeals to the judiciary: By L. Chandra Kumar case, the appeals to a tribunal order can be laid before the high
court.
• Tribunal members: The appointments are dependent on the executive through the Appointments Committee
of the cabinet.
• Parliamentary standing committee report on CAT: out of 19 branches, 7 branches do not even have own
building

Conclusion:
The CAT though established for the redressal of grievances of central government employees doesn't act purely
as an independent judicial authority. This acts as a quasi-judicial body similar to the NGT.

3. From the resolution of contentious issues regarding the distribution of legislative powers by the courts;
Principle of federal supremacy and 'Harmonious construction' has emerged. Explain.

Introduction:
Federalism indicates a division of power between the centre and states. Though India observes a federal polity
it is nowhere mentioned in the Indian constitution. Unlike the USA, India is not a true federation that provides
for the strict division of power.

The Contentious issues in the Distribution of Legislative Powers


• Constitutional provisions: The division of legislative powers between the centre and the states lies in articles
245 to 255
• Territorial extent of centre and states
• Distribution of legislative subjects between centre and states
• Parliamentary legislation in the state field
• Center control over state legislation
• Legislative powers: The seventh schedule of the constitution contains lists of central, state and concurrent
subjects.

Few instances of confusion


• Animal Husbandry: It is in state list but prevention of cruelty to animals is in concurrent list
• Centre passed Farm act as per Entry 33 of the Concurrent list while Agriculture and market is in Entry 28 of
the State list.
• Disaster Management act has been invoked by the Centre during pandemic, while Public Health and Sanitation
is under State List

Principle of Federal Supremacy


Basis of the emergence:
• The doctrine of pith and substance: law is made by the centre but the implementation lies at the states
• The dominance of the center's role: When statute provisions fall in both state and union lists
• Predominant legislative power: The union list has predominance over the state list and concurrent list.
Recommendations:
• Expansion of concurrent list: Niti Aayog suggested police and public order from state to concurrent list

Harmonious Construction by Courts.


Process:
• Issues read together: The contentious issues arising out of entries into the list must be read together
• At impossible reconciliation: parliament power overriding state legislation must prevail.
Resolved issues:
• States power: The SC in S R Bommai vs. UOI case held that states are supreme within the spheres allotted
by them
• Powers of CBI: In the State of West Bengal vs. Committee for protection of rights, the Supreme Court
stated that the consent of states must be taken
• Concurrent list: The 42nd constitutional amendment, restructured the seventh schedule where a few
items of the state list were brought into the domain of concurrent list.

Conclusion:
la the Indian federation there is no strict division of powers between center and states. The overlapping of
jurisdictions result in contentious issues and Judiciary comes into play to provide harmonious construction.

4. What can France learn from the Indian constitution's approach to secularism?

Introduction:
Secularism is the separation of state from religion and forms a core of the basic structure of the Indian
constitution. France also follows the similar principle of equality of all religions but to a limited extent.

The French Approach to Secularism


Features:
• Strict separation: The state doesn't favour any one religion.
• Religion not in public space: religion is limited to citizens private life only.
• Roots of discontent: The French concept of secularism has its roots in religious wars and discontent.
• Not a big success: France follows a liberal attitude claiming peace as a republican paradigm
Objections:
• Religious clothing: France doesn't allow Islamic clothing, kosher, halal meals and burkinis.
• Public institutions: People are prohibited from wearing any religious signs like in schools.
• No preaching: Preaching one's religion is completely banned in France.
Influence:
• Role of clergy: an unduly high degree of influence over state matters.
• Minorities: French minorities feel targeted by secularism
• Education: French state cannot provide any assistance to educational institutes by religious communities.

The Aspects which France can Learn from the Indian Approach of Secularism
Features:
• Equal distance from all religions: India allows religion into public space
• Inter-religious equality: not just separation of state and religion but provision of intra-religious equality
• doctrine of the essential practice: state intervention without infringing the principle of state neutrality
• Cultural antecedents: The Indian concept of secularism has evolved in the light of great civilizational and
cultural antecedents.
Constitution provisions:
• Minority rights: articles 29 and 30 of the constitution provides for the protection of religious minorities.
• Fundamental rights: Articles 25-28 provide for right to freedom of religion to individuals and communities.
• Duties of the state: The state has to follow the principles of uniform civil code under article 44
• Duties of citizens: Under article 51A to promote harmony and spirit of common brotherhood
• Education: The state can assist minority educational institutions
Role of institutions:
• State: As per article 25(2) State to make legislation in interests of social welfare and reform.
• Judiciary: People, upon their violation of the right to freedom of religion, can move to Supreme Courts
• Establishing endowments: India establishes religious endowments and Wakf Boards
Mechanisms:
• Support: Hajj subsidy to Muslims, administrative support to Amarnath yatra and Sikhs to carry kirpans
• Gender justice: state opposes oppression of Dalits and women within Hinduism and Islam and Christianity.

Conclusion:
Secularism is an approach that needs to be followed for promoting equality and freedom of all people in society.
But secularism must be seen as freedom and not a belief being imposed.
5. The time has come for India and Japan to build a strong contemporary relationship, one involving global
and strategic partnerships that will have a great significance for Asia and the world as a whole. Comment

Introduction:
India and Japan shared relations along with cultural links since ancient times. Recent passing of Shinzo Abe has
revamped attention towards on-going 'cherry blossom' phase of relationship.

India and Japan Contemporary Global and Strategic Partnership


Economic:
• Infrastructure: Examples are Delhi-Mumbai economic corridor, bullet train and Delhi metro.
Political:
• UNSC reforms: India along with Japan seek UNSC reforms to have permanent seats.
• Cross-service agreements: The need for military relations to enhance peace were addressed
• Civil nuclear deal: Japan has signed a civil nuclear deal with India though we are not a signatory of the
NPT.
Strategic:
• Indo-pacific: The India-Japan partnership is contributing to the peace in the region.
• Regional cooperation: through supply chain resilience initiatives.
• Maritime security: Japan has been a member of the Malabar exercise which has India, Australia and the
US as partners.

Significance of the Partnership for Asia and the World


Economic:
• India-Japan Act East forum: Focus on connectivity projects, disaster management etc.
• Asia-Africa growth corridor: leading to Asian African century.
• Investments: Japan provides an investment of nearly $200 billion in the Asia Africa region
Political:
• The confluence of policies: India's Act East policy and Japan's Free and Open Indo-pacific strategy
• Strengthen rule of law: in international waters like the South China Sea
• Environment: through the joint credit mechanism (JCM) and Coalition for disaster resilience infrastructure
(CDRI)
Strategic:
• Chinese aggression: India and Japan along with the US and Australia combinedly called QUAD
• Connectivity: Japan is taking the North-East Road Network connectivity improvement project

Conclusion:
The countries India and Japan must foster relationships in all fields through dialogues in strategic and economic,
environmental spheres. This partnership provides great significance for Asia and the World.

6. Too little cash, too much politics, leaves UNESCO fighting for life. Discuss the statement in the light of US
withdrawal and the accusation of the cultural body as being anti - Israel basis.

Introduction:
United Nations Educational Scientific and Cultural Organization (UNESCO) seeks to build peace through
international cooperation in education, science and culture. Today due to high politics and huge debt the role
of the body is at stake.

The Role and Functions of UNESCO


Role:
• International cooperation: through promoting educational, cultural and scientific reforms.
• Promote values: increase universal respect for justice, rule of law and human rights
• Specialized agency: of the UN and takes decisions on majority votes
• Contributions: The contributions to the organization are voluntary and independent membership or
assessed.
Functions:
• Achieve objectives: include peace building, eradication of poverty, sustainable development and
intercultural dialogue
• Inclusive societies: addressing social and cultural challenges
Loo Little Cash, too much Politics, Leaves UNESCO Fighting for Life
Political:
• Huge politicization: Increase attempts by certain states to use it as a hostage and divert it into the field of
politics
• Israel scuffle: USA halted its funding until the body has softened its stand on Israel.
• The US issue: The USA and Israel stopped paying dues after Palestine was voted in as a member state.
• A stage of political gestures: UNESCO is being used as a stage of political gestures since 1984
Economic:
• Holding funds: Japan threatened to withhold dues when the Nanjing massacre was included in the
"Memory of the World" program
• Weaken its role: The USA withdrawal will weaken the organization finances and central policy focus.
Social:
• Globalization: has a negative effect on the organization with the influence of markets.
• Affects soft power: The cultural interventions of the US also will be weakened which is seen as its soft
power diplomacy.

Significance:
• Human rights: The organization has demonstrated its capacity to adapt to the challenges of the time
• Promote culture: Universal declaration of cultural diversity, 2001, Convention for the safeguarding of the
intangible cultural heritage
• Human development: UNESCO leads global efforts to reach quality education for all

Conclusion:
UNESCO being a significant organization for promoting peace must be empowered with sufficient funds and
powers. The financial dependence hampers its independent role in promoting reforms and makes it act as per
the political will of the funding members.

7. On what grounds a people's representative can be disqualified under the Representation of peoples act,
1951? Also, mention the remedies available to such a person against his disqualification.

Introduction:
Representation of people's act, 1951 plays a pivotal role in preventing criminals from being elected as
representatives and disqualifies people on grounds of election offences and corrupt practices etc.

Disqualification Provisions under RPA, 1951


Provisions:
• Convicted for offences; under acts of IPC, Protection of civil rights act, UAPA, POTA etc.
• Contravention to any law: providing for the prevention of hoarding, profiteering, Dowry
• Sentenced to imprisonment: for not less than 2 years
• Office of profit: Section 10 of the act talks about disqualification due to office of profit under government.
• Corrupt practices: Section 8A of RPA
• Failure to lodge election expenses: Section 10A of RPA, 1951
• Section 123: provides for a broad definition of what constitutes corrupt practices, such as:
o Bribery
o Undue influence
o Appealing criteria
o Publication of false statements
o Booth capturing

Available Remedies for the Disqualified Persons


• Only after conviction: There is no provision for disqualification at the stage of filing the charge sheet
• Term disqualification: not uniform with varied terms under varied charges of conviction.
• Fixed-term convictions: Disqualification is done only at more than 2 years of imprisonment
• Appeal to court: within 3 months from the date of conviction
• Role of ECI: ECI can remove or reduce disqualifications of the members

Conclusion:
The RPA, 1951 is seen as a means for cleansing politics and thus clean elections, Elections are regarded as biggest
festival of any democracy.
8. The reservation of seats for women in the institutions of local self-government has a limited impact on
the patriarchal character of the Indian political process.

Introduction:
Women were provided reservation in legislatures to provide empowerment and a role in society and
governance. The reservation has been a positive step in women empowerment in the policymaking process.

The Reservation of Sent for Women in Local Self- Government


• Constitutional provisions: The 73" and 74" amendment acts are part of the silent revolution.
• Women representatives: There are a total of 1.5 million women representatives in local bodies
• Increased reservations: Bihar has seen 50% reservation for women in local institutions

Linted Impact on the Patriarchal Character of Indian Politien Process


Structural challenges:
• Women being vulnerable: to poverty and lower education status
• Women being proxy: for males who are unable to contest seats due to women reservations
• Influence of their spouse: The women-led panchayats were being named Sarpanchpati
• Within political parties: There can be seen no change in role and representation within the political parties
Social challenges:
• Traditional social structure: Women being restricted in participation by predominant male participation
• IPU and UN Women report: Women are at 11% in legislatures. 70% of electoral races had no women at
all.
• Violence towards women: Women are under constant threat of emotional and physical violence
• No fixed seats: The constituencies providing for women reservations have no fixed seats.

Positive impact of women reservation


• Ensuring education: Radha Devi, a village sarpanch from Rajasthan ensures 100% GER(Gross enrollment
ratio) achieved
• Ensuring Hygiene: The election of Malini Gaur as mayor in Indore led to it being awarded the cleanest city
in India
• Health: Balbir Kaur from Jammu constructed a Quarantine Center in her Panchayat

Conclusion:
The reservation for women in legislatures has limited success with low effective participation and being a face
of male leadership and decision making. This must change with attitudinal shifts providing real and effective
positions for women.

9. The attorney general is the chief legal adviser and lawyer of the government of India. Discuss.

Introduction:
Attorney general is appointed and holds office during the pleasure of the President as per article 76 of the
constitution. He acts as the guardian of public interest with his judicial functions.

The Attorney-General is the Chief Legal Adviser of the Indian Government


• Advice on legal matters: He advises the government
• Ensure legal and constitutional provisions: He advises the cabinet
• Advises on legislative enactments: Advises government upon all matters of law connected with legislative
enactments
• Chief law officer: of the executive council with responsibility on judicial lines and as a guardian of public
interest.

The Attorney-General is the Lawyer of the Indian Government


• Appears on behalf of GOI:
o Government Cases in SC
o Presidential Reference to SC: under article 143 of the constitution.
o Government Cases in HC
• Right to the audience: He has the right to audience in all the courts of India.
Limitations on the Role of AG
• Not against GOI: He should not advise or hold a brief against the government.
• No defending the accused: in criminal cases without permission from the government of India.
• No appointments: as a director in any company without the permission of the government.
• No fixed tenure and salary: he is not a government servant.
• Compulsory resignation: when the government changes every time.
• Private legal practice: may turn him biased towards the government.

Conclusion:
The Attorney general acts as the legal adviser and also as the lawyer of the Indian government. He can be
provided with security of tenure as he has a constitutional provision for his appointment.

10. Individual parliamentarians' role as the national lawmaker is on the decline, which in turn, has adversely
impacted the quality of debates and their outcomes. Discuss.

Introduction:
The Member of Parliament who is a lawmaker needs to have healthier debates on the legislation which come
into force. This role is being diminished due to a play of politics and no answerability over non-participation.

The Diminished Role of MP over Healthy Debates


Constitutional provisions:
• Collective responsibility: As per article 75 the Lok Sabha collectively.
• Role of PM: must furnish information to the president on decisions that are not taken by the CoM
• Shift to ordinance route: reducing the role of individual parliamentarians.
• Private Member Bill losing relevance: From 2014-2018 not even 2% of these bills were discussed
Candidate selection:
• Celebrities into houses: feel no responsibility to even participate in the debates
• Criminal background: The MP of present Lok Sabha has 33% MPs with criminal background
• Educational qualification: 75% of MPs doesn't have at least a graduate degree
Party powers:
• Obedience to party: The MPs are to be most obedient to the party and follow the rules put by them.
• No security of tenure: they can get dismissed through the PM by the President.
• Minority dissent: The MP who wishes to declare their dissent will become a minority and must resign
Anti-Defection Law Provisions
• Action under the law: The tenth schedule
• Speaker role: he is the ultimate authority of dismissal on defection with regards to judicial review
• Power of party whip: member loses the seat when they vote against the party whip in any legislation.
Impact on Debates and Outcomes
Legislature:
• Ineffective laws and policies: The recent three farm laws led to major protests.
• The concentration of powers: many time laws are not referred to the parliamentary committees
Executive:
• Poor implementation: 100 million people out of the ambit of the One Nation One ration card scheme.
• Unaddressed grievances: as the policies and laws are not citizen-centric or region-centric.
Judiciary:
• Increase scrutiny: The bills which do not address the issues lead to increased scrutiny from the judiciary.
• Increase activism: to make specific laws.

Way forward
• Follow Global Practices: Reserving a day in the week for the Opposition to set the agenda for Parliament
• Goswami committee: Anti defection not to apply on normal bills except for no confidence vote.
• Compulsory scrutiny through committees: to ensure detailed discussion.
• Legislative impact assessment: building positive pressure on parliamentarians.

Conclusion:
The functioning of legislators depends on the healthy debates and discussions made for the lawmaking process.
As far as law making process is concerned Parliament is regarded as temple of democracy and its efficient
functioning is the need of the hour.
11. The long-sustained image of India as a leader of the oppressed and marginalized nations has disappeared
on account of its newfound role in the emerging global order. Elaborate.

Introduction:
India from its independence stood as a leader of the oppressed by its initiatives and proved leadership. This is
being seen even today with its Neighbourhood first policy and development initiatives across the world
especially third world countries.

India as the Leader of Oppressed and Marginalized Nations


Political:
• NAM: This is followed and founded by India which supported the independent struggles of people from
Africa, Asia and Latin America.
• Peace treaties: Indo- Nepal treaty of friendship
• Decolonisation: India stood as a champion of decolonisation in Indonesia and Africa
• Nuclear disarmament: India is regarded as a responsible nuclear power that is committed to its nuclear
doctrine
Social:
• As a champion of the oppressed: with its ideologies of Vasudhaiva Kutumbakam and Sarve Jana Sukhino
Bhavanthu.
• As a support: India consistently supported Bhutan's 5 years plans financially and Palestine before and after
its independence.
• Anti-apartheid: Indian government was an outspoken critic of the apartheid-era of the South African
government
Economic:
• Foreign policies: India agreed to guide Bhutan on its foreign policy
• Cooperation programs: provides bilateral assistance to ensure the development of underlying
development of LDC
• New economic order: to end economic colonisation by developing trade third world countries.

India's New Found Role in the Emerging Global Order


Political:
• Global agenda: India focused on anti-terrorism, inclusive globalisation, energy security and nuclear
disarmament
• Security issues: India took the responsibility to ensure the security of sea lanes from the Persian Gulf to
the Malacca straits.
• Regional organizations: India showing its muscle-flexing with regional organizations like SAARC and QUAD
etc.
• UNSC membership: India along with Brazil, Japan, Australia demand UN reforms and permanent seats at
the UNSC.
Social:
• Contribution to development: significantly contributed to infrastructure development in Afghanistan
• Strategic issues: India with focusing on Indo - pacific regional growth with the US
Economic:
• Economic prosperity: through its investment and partnership in Asia Africa growth corridor.
• Market access: India focuses on greater market access for services and ease of restrictions in the sector
• Role of the service sector: India set to achieve services export goal of $1 trillion by 2030.

India still as the leader of oppressed and marginalized:


• Against expansionism: E.g. India voiced its opinion against US' move to declare Jerusalem as capital of
Israel.
• Representing on a global platform: This has allowed it to argue cases in favour of oppressed countries.
• Economic cooperation: Unlike China, India has been pursuing economic cooperation as a means to help
backward countries.

Conclusion:
After many false dawns India has finally risen'-C Rajagopal and in this regard it will and must remain the leader
of oppressed though with flexible positioning.
12. What introduces friction into the ties between India and the United States is that Washington is still
unable to find for India a position in its global strategy, which would satisfy India's national self-esteem
and ambitions. Explain with suitable examples.

Introduction:
India and US relationship were always time tested with being apprehensive in a non-polar world. As India had
changes in domestic foreign policy the relations were shifted. With India finding no position in USA global
strategy which is a concern for India to satisfy its ambitions.

The Status of India - US Relations


The changing position:
• NAM: The NAM in the post-cold war period made no sense for the Indian relationship with the USA.
• BoP crisis: India took loans from IMF due to the BoP crisis which made India open up its economy
imperatively.
• Nuclear tests: Indian nuclear tests at Pokhran, 1998 made a shift in its relationship with the USA
Present position:
• Opening engagements: with India due to its role played during international situations
• Assertive China: in the south China sea and also dealing with terrorism in South Asia.
• Trade issues: The trade has been competing in Indo - pacific than in Atlantic waters.
• Rise of states: In South and Southeast Asia there is a rise of developing countries and rogue states like
North Korea
• Threatening of US hegemony: thought to shift focus from the Atlantic and the Middle East to Asia - pacific.

Indian Position in the USA Global Strategy


Political:
• India as an ally: in maintaining a rules-based order in Asia- pacific
• Civil nuclear agreements: This provides credibility to India as a responsible nuclear power.
Social:
• Major defence partner in 2016
• Available to only allies: USA signed COMCASA, LEMOA which are available to only allies of America.
Economic:
• Pakistan issues: The listing of Pakistan under FAT and listing terrorists as international terrorists under the
UN
• GSP status for India: This makes Indian exports more competitive in the USA

Issues in India - US Relationship


Political:
• Nuclear issues: US has withdrawn from JCPOA and laid sanctions on Iran. But Iran is a major oil exporter
to India
• CAATSA: CAATSA of the USA humiliates India by questioning its strategic autonomy
• Denying climate change: US wants to protect its pre-eminence as a superpower.
• Strategic autonomy: Irritants are by products of the misfit in global US strategy and Indian interests.
• The WTO issues on agricultural subsidies make India stop its subsidies to farmers.
Economic:
• Sanctions: Indian dealing with Iran is hindered by US sanctions
• America first policy: Trump's policy deprived GSP benefits
• Protectionism: American protectionism and the Indian public good approach towards agricultural
products don't find resonance

Conclusion:
'From estranged democracies to engaged democracies, India and USA have come a long way' -Dennis Klux. In
this regard India and US need to place each in right priority.

*******
2020
Q.1 There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices
under the Representation of people act. Comment
Introduction:
The Representation of peoples Act, 1951 provides for cleansing of politics by regulating the actual conduct of elections,
providing administrative machinery, curbing corrupt practices and disqualification of membership etc.

Procedure for disqualification under RPA for corrupt practices


1. Provisions under the act:
• Section 123: deals with corrupt practices
o Bribery: with the objective of either directly/ indirectly inducing a person
o Undue influence: in the exercise of any electoral rights.
o Appealing criteria: to vote/refrain on the ground of caste, religion, race, language
o Publication of false statements: to prejudice the prospects of other candidates' elections.
o Vehicle access: for the free conveyance of elector to and from the polling stations.
o Service of Govt.: must not obtain or procure any assistance (only giving vote)
o Booth capturing: strictly prohibited by a candidate/agent or any other person.
● Disqualification procedure:
o Section 8A: on the ground of corrupt practices.
o Section 99: details are provided within 3 months to determine the disqualification and its time limit.
o From the onset of section 99: disqualification provided must not exceed 6 years
o Removal: may submit a petition to remove the unexpired term of disqualification.
Simplification of disqualifying procedure under RPA
1. Complex procedure:
• Multistage process: Filing of election petition, The decision of HC, Secretary general To the President, President
forwards the decision to the ECI
• Only after conviction: no provision for disqualification at the stage of filing the charge sheet
• Term of disqualification: not uniform with varied terms
• Fixed-term convictions: if the imprisonment tenure is over 2 years only.
• Role of ECI: can remove or reduce disqualifications of the members.
2. Institutional drawbacks:
• Broader definitions: "bribery", "undue influences" are not stated specifically
• Section 11: seen as an inference of allowing candidates to contest elections.
• Lack of clear meaning: definitions of corruption lack clear meaning
• Difficulty: difficult terminology that is not easily understood by a common voter
Methods to simplify the disqualification procedure
1. Broaden the act: Adding issues of paid news, false affidavits and non-disclosure, etc.
2. Criminalize critical issues: like abetting and publication of paid news and bribery
3. Role of ECI: ECI recommendations must be taken into account
4. Role of law commission: Legislative provision against paid news and expedition of trails
Conclusion:
The provisions themselves provide for escapism which makes it a failed legislation. So, this must be addressed and the
procedure must be further simplified to cleanse the politics effectively.

Q.2 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.
Introduction: The Indian federation which is not a result of an agreement between the states have always been evolving
with cooperation and competition and at times confrontation.

Cooperation shaping the nature of the Indian federation


1. Between centre and states:
• Role of finance commission: 14th finance increased devolution of funds from centre to states to 42%.
• Niti Aayog: shifted the approach from the top down to the bottom-up approach.
• Tax reforms: GST to make cooperation in the economy sector with one nation-one tax.
2. Between states:
• Interstate council: was made a constitutional body under Article 263
• Zonal councils: statutory body established for effective cooperative federalism
o E.g., initiatives on internal security, jail reforms, National disaster management and implementation
of RTI etc.
• Promoting internal security: States acting together to reduce the danger of Naxalism

Competition shaping the nature of the Indian federation


1. Recent times:
• For Investments: by publicizing their strategic locations and resources.
o E.g., Programs such as Invest Kerala and Andhra Pradesh Mega conference
• Better performers: agriculture transformative index, export preparedness index etc. are being used
• Adopting policies: land reforms were introduced in Rajasthan and other states also followed
• Foreign investment: fostering relations with international powers directly
o E.g., Gujarat has emerged as the top FDI destination accounting for 37% of inflows

Confrontation shaping the nature of Indian federation


1. Pre-1967 time period:
• Same party rule: no confrontation between the centre and states
2. Post -1967 time period:
• Regional parties: leading to abuse of power.
• President rule: on states which were under different political parties other than ruling party at the centre
• Post of governor: party changes led to change of governors.
3. Recent times:
• Coalition governments: leading to a confrontation between centre and states.
o Interstate disputes: E.g., Cauvery River water dispute between Karnataka and Tamil Nadu.
Conclusion:
The confrontation must be reduced by fostering cooperative federalism in India which can be achieved through the
coordination of the centre and the states.

Q.3 The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight
the key points of convergence and divergence between the two nations in terms of their judicial practices.
Introduction: India has largely influenced and drawn its sources of the judiciary from the UK and also from the USA and
Japan.
Convergence in the UK and Indian judicial system
● Independent judiciary: included in the Indian basic structure doctrine
● Separation of powers: article 50 in India but the UK takes away judicial functions from the Lord Chancellor.
● Accountability: actions of executives can be declared as being ultra vires
● Highest interpreter: of the constitution in India and of statutes in the UK.
● Activism: increase in judicial activism in UK and India
● Natural justice: to legislative actions in both India and the UK.
● ADR mechanisms: for the UK is the Ministry of Justice and for India, it is the National Mission for Justice Delivery and
legal reforms.
● Appointments: National Judicial Commission in the UK and an idea of NJAC in India.
Divergence in the UK and Indian judicial system
● Amending power of parliament: UK parliament can amend any part of the constitution, but India has a basic
structure doctrine
● Legal system: UK legal system is based on the common law system. In India, the legal system is based on the
common law system, statutory and regulatory laws.
● Appointments: UK has a judicial appointment commission. India has a collegium system.
● Judicial review: For constitutionality of a law in India and no such system in the UK.
● Processes: In UK there is a procedure established by law and India implemented Due process of law under
article 21 of the constitution.
● Jury system: The UK has a jury system and India has bench systems with majority decisions.
Conclusion:
The UK and Indian judiciary systems are similar regarding being independent and accountable. The divergence issues of
transparency in appointments etc. must be adopted by India from the UK to enhance our Judicial efficiency

Q.4 Once a speaker, always a speaker! Do you think this practice should be adopted to impart objectivity to the
office of speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary
business in India?
Introduction: India has adopted the role of speaker in the Lok Sabha from the British. This was not a replica of the UK
where in Britain, once a speaker is always a speaker.
Once a speaker is always a speaker
1. Provisions:
• Uncontested: The speaker constituency goes uncontested if he wishes to get re-elected
• Resignation: Speaker resigns to the political party from which he was elected
• Casting vote: He always has a casting vote to prove his vote and adopts a balanced approach
The practice should be adopted because
1. Issues with the role of Indian speakers:
• Disqualifications:
o Anti-defection law: no time limit to disqualify a person promoting delays in case of party bias.
o Effective implementation: procedural delays by the speaker in saving their party members.
• Bills:
o Money bill: bypass the scrutiny of Rajya Sabha. A famous example is the Aadhaar bill
o Bills not referred to the committees: 2021 monsoon session, not a single bill was referred to any select
committee.
• Proceedings of the house:
o Time for proceedings: allots lesser time to the opposition.
o More party interests: refuses to allow any debates or discussions that may be essential
o Increased disruptions: evident in the recent suspension of 146 MPs in 2023 Winter Session.
Implications for robust parliamentary functioning
1. On parliament:
• No misleading money bills: more scrutiny on money bills.
• No deviation from Rajya Sabha: speaker endorses them correctly as per the subject of the bill.
• Accountability: with effective debates and scrutiny of the bills.
• Larger scrutiny: under different committees.
• Increase house efficiency: providing more time for debates and discussions
• Role of opposition: opportunities to move their motions
2. On members:
• No biased nature: towards ruling party
• Timely disqualifications: specific time limits to the speaker
• Effective participation: provide for equal time to opposition members.
• Discussions: people-centric rather than ruling party-centric.
• Responsibility: unbiased and providing effective rulings
Conclusion:
The Speaker position is pivotal in the functioning of parliament. This position must not be used for the whims and fancies
of the ruling party.

Q.5 To enhance the prospects of social development, sound and adequate health care policies are needed
particularly in the fields of geriatric and maternal health care. Discuss.
Introduction: A nation's progress reflects in its social development and India experiences its least social capital. To
address this, India must enhance its policies in all fields but particularly in health where we lack basic standards of
improvement.

Reasons to enhance the prospects of social development


1. Political:
• Health induced poverty: high cost of health care
• Low growth rate: in agriculture, manufacturing and service sectors.
2. Social:
• Impacts other parameters: like education, living standards etc.
• Untapping the potential: capability of $1 trillion for the establishment of companies
3. Economic:
• Demographic dividend: large no. population in between 15 -29 years.
• Expenditure: India has a 70% lower health expenditure when compared to BRICS nations.

Need for development of policies in geriatric and maternal health care


1. Geriatric health care:
• Low quality of life: due to no specific therapies especially for geriatrics.
• Low medical facilities: In rural areas, there is a 71% requirement in geriatric health services
• Age - inclusivity: acknowledge senior contributions to society.
• Necessary buffer: against intolerance, violence and hate crimes prevalent in society.
• Immense experience: form the vital generation link for coming generations
2. Maternal health care:
• Infant mortality: due to lack of checkups from ante to postnatal stages.
• Maternal mortality: 2000 deaths per year due to poor importance given to maternal stage women.
• High prevalence of anaemia: 53 to 57% in all the areas.
• Socially deprived: low financial capabilities and access to quality healthcare.
• Disempowered: cannot have access to institutional deliveries who are from below poverty line
• Infrastructure: There is no sufficient infrastructure for women of rural and urban BPL areas
• Health care: Lack of nutrition, trained health care and medicine availability
Way forward:
1. Geriatric health care:
• Health care: increase in spending for the senior citizen's health.
• Mainstream issues: related to the older population
• National programs: at primary, secondary and tertiary levels.
• Capacity building: NGOs like HelpAge India must have collaborated with AYUSH for efficiency
2. Maternal health care:
• Govt. Initiatives: SUMAN for zero maternal and newborn deaths, MAA for awareness on breastfeeding etc.
• Financial incentives: PM Matru Vandana Yojana and Janani Suraksha yojana
• Empowerment: start-up India and loans, LPG's etc.
• Awareness: importance of institutional deliveries and health checkups must campaign
Conclusion:
India with low social capital development must start to invest more particularly in health due to issues of an ageing
population and also infants.

Q.6 "Institutional quality is a crucial driver of economic performance". In this context, suggest reforms in civil
service for strengthening democracy.
Introduction:
Economic growth is determined by institutional quality and capacity. The role of civil servants in developing institutional
quality results in strengthening democracy and also increasing economic growth.

Significance of Institutional quality for economic performance


1. Parliament:
• Lawmaking body: must enact effective laws which are people-oriented. E.g., GST Act
• Responsible for the people: Pradhan Mantri Mudra Yojana provides loans for MSME
2. Constitutional bodies:
• Higher powers: E.g., NCSC provides for the inquiry into the issues of SC
• On Specific issues: Scheduled castes, scheduled tribes and other backwards classes need development
3. Judiciary:
• Protects people's rights: Judiciary provides writs by the supreme court under article 32 and high courts by
article 226.
• Checks and balances: to the regressive laws of the government and policies of the executive.
4. Bureaucracy:
• Executive powers: results in the successful governance of the nation.
• Implementation Authority: can be obtained by taking schemes like the One Nation One Ration Card

Lack of institutional quality hampering economic performance


1. Parliament:
• Regressive laws: E.g., GST act which is at criticism due to revenue deficit in the states.
• Political motivations: E.g., repeal of farm laws.
2. Constitutional bodies:
• Non-commitment: issues in the appointments of the members
• Partisan role: Constitutional bodies like the Election commission and CAG etc. need institutional quality.
E.g., usage of section 11 of RPA, 1951
3. Judiciary:
• Overreach: striking out the laws and policies made by the legislature.
• Judicial legislations: hampers the checks and balances of the Indian system. E.g., banning liquor shops
within 500 mts of highways
4. Bureaucracy:
• Political Interference: in the implementation of policies and corruption
• Status quo: The resistance to change is observed E.g., adoption of e-governance is very low

Reforms in civil service to strengthen democracy


1. Institutional changes:
• Lateral entries: for specialization in institutions
• Meritocracy: to develop the quality of the institutions.
• Adaptability: technology adaptability for issues in governance.
• Time driven: policies and rules must be demand-oriented
2. Human resource development:
• Lack of Performance appraisal: lead to a kind of disinterest in the work and hamper progress.
• Cross-departmental functions: obstructs the development of a single institution.
• Working in silos: Many departments which are revenue-oriented are never citizen- centric
• Transparency: RTI and citizen charters can be practiced at all the institutions.
• Reduction of discretion: having multiple members in decision making.
• Implementing 2nd ARC: Code of ethics for ethical underpinning in the civil servants.
Conclusion:
The process of enhancing quality for achieving growth must be done with the role of governance in all measures
especially the implementation arm which is civil service.

Q.7 The Indian diaspora has a decisive role to play in the politics and economy of American and European countries.
Comment with examples.

Introduction:
The Indian diaspora with 17 million overseas as per the Internal migration report indicates the role of our people in their
respective migrated countries.

Role of Indian diaspora in American politics and economy


1. Political:
• Population: 6% Indian population in the USA and the fastest growing ethnic community
• Bridge builders: with the signing of the Indo - US civil nuclear deal
• Party politics: created a change in the power structure in American politics E.g., figures like Kamala Harris,
• Diplomacy: provided for relieving IPR clauses under WTO for vaccine distribution
2. Economic:
• Various fields: like health, infrastructure, higher education and important software development
• Growth and development: Indians account for one-third of Silicon Valley E.g., CEOs like Sundar Pichai (Google)
• Investments: making FDI inflows into India from America.
• Highest remittances: to India as per World Bank
• Highest earning: Indians being at 2.8 million accounts for 1% of the population is the highest-earning in America.
• Philanthropy: contributing to social causes in their adopted countries.

Role of Indian diaspora in European countries politics and economy


1. Political:
• Population: around 2/3rds in the European Union and 1/3rd in the UK
• Major vote bank: influencing the power-sharing mechanism
• Parliament: around 15 members of Indian origin in parliaments.
• Culture: pro-Indian lobby in Labor and Democratic parties

2. Economic:
• Major industries: with people such as Lakshmi Mittal, Hinduja brothers and Swaraj Patel etc.
• In major fields: working in media like BBC, ethnic TV channels and in charities
• Diary framing: 2 lakh Indians in Italy contributing to dairy farming
• Agreements: Bilateral trade-investment agreements for effective trade practices

Reasons for a large number of Indian diasporas overseas


1. Political:
• No Dual citizenship: under its constitution.
• Regulatory procedures: hampers their interest in Indian investment and policies

2. Economic:
• Brain Drain: due to higher incentives provided by foreign countries.
• Lack of infrastructure: for the development of their skills and application of the same.
• Lack of incentives: in India's tax structure.

3. Social:
• Societal hurdles: narrow in approach and no empowerment
• Education: significant pull factor for Indian students.
• Lack of opportunities: lot of competition for the same. This gave rise to nepotism and corruption.
• Limited employment: high rates of unemployment in India.

Way forward
1. Political:
• Annual gatherings: Conducting Pravasi Bharatiya divas, Samman awards
• Medical tourism: Indian hospitals can attract Investment
• Transparency: for gaining partnerships and investments from abroad.

2. Social:
• Data banks: of ethnic minorities for any implementation of policies as per the requirements.
• Promotion of deeper links: ICCR can foster cultural links with their foreign branches

3. Economic:
• FDI clearances: Clear policies and guidelines
• Soft power diplomacy: through lobbying which is being practiced already.

Conclusion:
PM Modi calls them 'Rastradoots' India must enhance its relations with NRI, PIO and OCI to better the governance. At
the same time. India must also see that it retains its people as a resource for its development.

Q.8 Indian Constitution exhibits centralizing tendencies to maintain the unity and integrity of the nation. Elucidate
in the perspective of the Epidemic diseases act, 1897; Disaster management act, 2005 and recently passed farm
laws

Introduction:
Indian constitution Article 1 envisages India as a union of states. Though ours is a federation, it has a centralizing
tendency with a bias towards more unitary features to maintain unity & integrity of the nation.
Centralizing tendencies to maintain unity & integrity of Nation
1. Legislature
• Union list: has 98 subjects, the state list 61 subjects and the concurrent list has 47 subjects.
• Residuary subjects: left within the powers of the centre.
• The repugnancy of laws: As per article 254 Centre’s law will prevail giving importance to the whole nation.

2. Executive
• Single citizenship: to impart nationalism and unity to India.
• Appointments: The top-level appointments are held with the centre such as for ECT, FC, CAG etc.
• Governor: centre appoints as an agent of the centre
• Emergency powers: As per article 352,356, the centre declares national, state emergencies

3. Financial:
• Taxation powers: are mentioned within the union list.
• Financial emergency: if there is a threat to the financial security of India through article 360.

4. Judiciary:
• Integrated judiciary: with the supreme court at the top
• Independent judiciary: without any influence from the parties in power.

Acts showing centralizing tendencies


1. Epidemics disease act, 1897:
• Center unlimited powers: That too on the state subject of public health
• Section 2: states have no power over decision making but only implementation.
• Section 3: provides penalties for disobeying any regulation or act made under act
• E.g., during Covid, Centre used this act to impose nationwide lockdown

2. Disaster management act, 2005:


• Top-down approach: implementation is guided by the centre.
• State subjects: evoked on public health and sanitation which are state subjects.
• Residuary powers: enacted by the central Govt under article 248

3. Farm laws:
• State list: The laws were related to agriculture which is under state list
• Intrusion feeling: The states felt that they have lost their powers
• Received maximum dissent: from the public.

Suggestions- Whenever center feels the need of uniformity in some aspect of laws, Rajya Sabha's Power under Article
249 must be used. By passing special resolution, it enables acceptability of the law.

Conclusion:
The states being units of the Indian federation need some provisions for their independent decision making. A mere
centralization doesn't cater to the unity and integrity of India.

Q.9 12. Judicial legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian
Constitution. In this context justify the filing of a large number of Public Interest petitions praying for issuing
guidelines to executive authorities.

Introduction:
There is a need for separation of powers for effective functioning in governance. And judicial legislation is seen as
antithetical to the division of powers.

Judicial legislation is anti-ethical to separation pf powers


1. Indian constitution provides for:
Judicial legislations:
• Article 13: The laws which are violative to the fundamental rights are termed void.
• Article 32: Supreme court can provide writs for violation of fundamental rights
• Article 226: High courts can provide writs for violation of fundamental rights
• Article 142: power of enforcement of decrees and orders of the supreme court for doing complete justice.
Separation of powers:
• Article 50: DPSP of separation of judiciary from the executive
• Article 121 and 211: judicial conduct cannot be discussed in the parliament and state legislatures
• Article 122 and 212: The Parliamentary and state legislatures proceedings cannot be questioned in the judiciary

2. Being antithetical:
• Disturbs legitimacy: of the structure which is based on checks and balances.
• Turns to overreach: leaving out no scope for the parliament to make laws.
• Unnecessary burden: being taken up by the judiciary.
• No balance of powers: by turning out as a law-making organ
• Overuse and overarching of powers: abusing its power under article 142

The Justification for public interest petitions for issuing guidelines to the executive
1. Reasons:
• Nonfunctional nature: The legislatures and executive are inactive
• Fundamental rights: To protect citizens
• Delays: by the legislatures and executives.
• Not citizen-centric: have a dissent from the public.
• Liberal Interpretation of Locus Standi: even poor people get representation
• Giving voice to the voiceless: In Hussainara Khatoon case, PIL concentrated on the barbaric conditions of prisons

2. Examples
• Vishaka Judgement: directions regarding sexual harassment at workplace
• Civil Services Board Judgement: make the appointment process fair and transparent
• MC Mehta case: instructions regarding the liability of industries
• Right to Information (RT) Act: ensuring transparency

3. Way forward:
• Self-restraint: on each organ of power and must not enter other domains
• Limited judicial activism: must not be overreached to do everything.

Conclusion:
Former SC judge in his book "Supreme but infallible' advices SC to adopt a nimble footed approach, where there is a
balance between rights as well as respect for other domains of decision making.

Q.10 Rajya Sabha has been transformed from a 'useless Stepney tyre' to the most useful supporting organ in the
past few decades. Highlight the factors as well as areas in which this transformation could be visible.

Introduction:
Indian parliament is a bicameral legislature with the Lok Sabha and the Rajya Sabha. The Rajya Sabha has been
functioning as a scrutiny chamber over hasty legislation of the lower house. There were also instances where Rajya
Sabha was seen as an unnecessary chamber.

Role of the Rajya Sabha in the Indian Parliament


1. As a Stepney tyre:
• Mere revising chamber: lacked clear powers and provisions regarding decisions over the bills.
• Lok Sabha powers: constitutional majority and even at joint sittings.
• Money bills: bypassing of other bills in the name of money bill E.g., Aadhar Bill
• Limited role on budgets: can have only discussions and cannot pass any amendments to them.
• Limited functioning: due to non-participation and less seriousness in parliamentary attendance and debates.
• Joint sittings: also presided by the speaker.
• Power of disqualification: chairman of Rajya Sabha has no power in disqualifying the members over defections.

2. Most useful and supporting organ:


• Preventing hasty legislation: done in the Lok Sabha E.g., The Citizenship (Amendment) Bill, 2019
• Eminence: eminent people who can bypass elections and find a way in legislation making.
• States greater role: voice of all states in making legislation regarding state interests.
• Continuous functioning: Many bills cannot lapse in Rajya Sabha
• Provides time over bills: bills from Lok Sabha can be provided for 14 days to a maximum of 6 months in Rajya Sabha.
The factors and areas of Rajya Sabha where transformation is visible
1. Factors:
• Constitutional provisions: under articles 79 and 80 of the constitution.
• Regional parties: led to state-specific demands.
• Opposition role: play a constructive role in policymaking
• Experienced people: nominated in the Rajya Sabha and providing their eminence in the legislative process.

2. Areas:
• Legislations: J&K reorganization bill, 2019 and the Transgender bill, 2014 have been introduced in RS.
• Productivity of the House: passed 3817 bills till the end of 294th session in 2019.
• Efficiency: 103% efficiency in the working and procedure
• Checking hastiness: legislations like GST, Farm bills, Data protection bills and Electricity bills were scrutinized
• Federal powers: seen clearly during state reorganization bills
• From all fields: providing their experience and eminence to the policymaking process.
Conclusion:
This dangerous trend of disruptions and lower functioning needs to be corrected to protect the ethos of our democracy
and thus protecting legislative bodies who are regarded as 'Temple of democracy'

Q.11 Which steps are required for the constitutionalization of a Commission? Do you think imparting
constitutionality to the National Commission for Women would ensure gender justice and empowerment in
India? Give reasons.

Introduction:
In India, the women population outnumbered men as per the latest NFHS. But the women face societal burdens in the
name of gender, caste etc.
Steps in constitutionalization of a commission
1. Process:
• Introduction: of the bill regarding the provision of constitutional status to a body
• In Parliament: in any house of parliament
• Passing of the bill: by an absolute majority
• Ratification by States: may be required in some cases
• Assent: President must provide the assent to the bill making it a law

Constitutional status to NCW ensures gender justice


• Policymaking: will be consulted by the central and state governments
• Larger scrutiny: evaluated by providing annual reports to the president.
• Judicial powers: commission acts as a civil court in investigating matters
• Recommendations: to be taken up by union and states on issues related to women.
• Grievance redressal: Awareness will be created on issues about women

Constitutional status to NCW doesn't ensure gender justice


1. Social:
• Cultural issues: Women are culturally backward in our patriarchal society.
• Education: Women have 53% literacy and men being at 75% indicating a gap
2. Political:
• Poor implementation of laws: E.g., Dowry prohibition act, POCSO act
• Lack of gender-sensitive issues: Many policies are of a generalist nature
3. Economic:
• Lack of financial independence: As per the latest NFHS, only 21% of women have access to bank accounts
• Low women in employment: As per world bank the FLPR is just 20% compared to 30% in Bangladesh and 33% in SL

Reforms needed for its effective addressing of gender issues


• Independence: in functioning and funding patterns
• The greater value of NCW: The reports and awards of the commission must be given greater value.
• Quasi-Judicial powers: to provide judgements.
• Ease of action: easy process to reach and awareness must be generated.
• Creating greater awareness: provision of toll-free numbers and easy access to the commission.

Conclusion:
Society is like a chain, where weakest link is as important as strong link (Rawl) and in this regard National commission
of women can play a pivotal role in strengthening this chain.
Q.12 National education policy 2020 conforms with the sustainable development goal 4(2030). It intends to
restructure and reorient the education system in India. Critically examine the statement. (15 Marks)

Introduction:
The recent National education policy serves the purpose of quality education in India and conforms with SDG - 4 which
mentions ensuring inclusive and equitable quality education and promoting lifelong opportunities for all.
NEP, 2020 in conformity with SDG -4
SDG-4 NEP, 2020
Equal access to quality pre-primary education Universal access to children of 3-6 years
Gender inclusion fund
Special education zones
Equal access to affordable technical & vocational Provision for vocational education, technical skills
education
Increase in number of people with relevant skills Setting up of an academic bank of credit
MEME point
Eliminate discrimination in education Financial support to students from vulnerable sections
Bridging digital divide gap
Universal literacy & numeracy National mission for the foundation of literacy &
numercay

NEP to restructure and reorient the Indian education system


1. Restructuring:
• 4 stage structure: Foundational, Preparatory, Middle, Secondary
• Single regulatory body: Establishment of HECI (Higher education commission of India)
• Open schooling system: MEME points
• Address early childhood: brings an uncovered age group of 3 - 6 years into the schooling curriculum.
• Exams twice: The 10th and 12th standards examinations are being made easier

2. Reorient:
• Critical thinking: introduction of contemporary subjects like Al, Big Data, loT etc
• Holistic: with flexibility and multidisciplinary with multiple entries and exit points.
• Academic bank of credits: with the establishment of banks for their transfers.
• Application-oriented: Examining reforms
• National research foundation: apex body to foster a strong research culture
• Technology: Appropriate integration at all levels

Flaws in proposed restructuring


• Sacrificing English: fears that English might be ignored for local languages
• Implementation hurdles- difficult to assess if all are on same lines of syllabus and difficulty.
• Question of URG (underrepresented groups)- they already fall outside education systems.
• Graduation vis-à-vis diploma- Graduation has been increased to 4 years, thus might demotivate people to take up
diploma as it requires only 2 years.

Issues to be addressed in Indian education


• Funding: only 6% funding of GDP
• Early dropouts: as unemployment is prevailing
• Concurrent List: States can only implement
• RTE & NEP: un-synchronization regarding age
• Multi-linguistic: Need to address inter-state migration and a large diversity of India

Way forward
• Teacher training: to be more equipped with newer set of transformative technology.
• Breaking the style of working in Silos: Various schemes need to be done together to avoid duplication of work.
• Recently launched 'FRESH FRAMWORK' by WHO: Aims to improve health of school going children

Conclusion:
Education is an ornament in prosperity and refuge in adversity (Aristotle). In this regard what we need is to teach
students how to think rather than what to think, this is what NEP aims to achieve.
Q.13 Quadrilateral security dialogue (QUAD) is transforming itself into a trade bloc from a military alliance, in
present times - Discuss

Introduction:
The Quadrilateral security dialogue is a convergence-based partnership of four key nations in the Indo-pacific. Australia,
India, Japan and the USA form QUAD.

The role and functions of QUAD


1. Role of QUAD:
• Free Indo - pacific: strives for free and open Indo - pacific by participation and coordination of all
• Security of the region: disaster relief operations & assertiveness of China.
• Geoeconomic implications: development of the blue dot initiative by Japan, Australia and the USA

2. The function of QUAD:


• Undefined agenda: because of the divergent views of countries.
• Supply chains: observed in the wake of a pandemic.
• Partnerships: Comprehensive economic partnerships example being REP

Transformation of QUAD as a trade bloc from a military alliance


QUAD can be called a military bloc:
• Military relations: termed by China as an Asian NATO.
• Joint exercises: increase of joint naval Malabar exercises and three days La Perouse
• Military exercises: development of Quad Plus with Canada and France along with New Zealand and the UK
• Conducting freedom operations: to be explicit that excessive territorial or maritime rights are inconsistent with
UNCLOS
• Developing maritime militia: to counter fleet of more than 200 Chinese fishing vessels

QUAD acting as a trade bloc:


• Newly launched Blue-dot network: certification scheme for Feasibility of infrastructure projects.
• Resilient supply chains: non-dependence on a particular country as a manufacturing base.
• Trade policy forum: to develop an ambitious and shared vision for future trade relationships.
• Agreements: CECA, CEPA, FTA: Japan- Australia, US - Australia

Reasons for transformation:


• Military outdated: as present wars are trade wars.
• Interdependence: need for inclusive Indo - Pacific by all the countries imparts interdependency.
• Maritime cooperation: later acclaimed as Asian NATO by China.
• Major benefits: large amount of trade and generation or GDP
• Institutionalization: needs strengthening of institutions rather than a bloc status.
• Defining agenda: defining a set of standards and terms.

Way forward for India


• Leveraging the dominant- Example- US technological supremacy
• Collaborating with convergent- Example- Japan has the financial resources
• Managing the divergence- Example- Chinese interests of dominating Indo-pacific.

Conclusion:
With the developments of Russia-Ukraine war, QUAD also provides for an insurance as to similar condition would not
repeat with any of its members. By tying economic needs with each other, a complex interdependence is developed.

Q.14 What is the significance of Indo-US defense deals over Indo - Russian defense deals? Discuss concerning stability
in Indo - Pacific region.

Introduction:
Indian defense deals are always a need of the hour due to its geo-strategic location and hostile Neighbourhood. India
has defence relations with the USA and Russia both.

Significance of Indo - US defence deals over Indo - Russian


1. Logistic arrangements:
• The signing of major agreements: like LEMOA, COMCASA, HOSTAC and GSOMIA with the USA.
2. Defence relations:
• Enhanced role of India: India was given a status of strategic partner and a natural ally to the USA.
3. Cooperation:
• Defence procurement: cooperation in the design and production of defence procurement.
• Significance: increased friendship between China and Russia.
• Trade prospects: development of QUAD as a trade bloc is also favoring Indo-US defence deals

The influence of Indo - US defence deals in the stability of Indo - pacific region
1. Positive factors:
• Long term: partnership between India and the USA where both strive for free and open Indo-pacific.
• US interests: wants a strategic place in the Indo-pacific region.
• Information exchange: USA has many bases in the Pacific region
• Balancing relations: trilateral dialogue for increasing cooperation.
• Security & stability: in the whole Indian Ocean region and India.
• Raising China's influence: controlled by Indo-US by being partners with their defence deals.

2. Negative factors:
• End-user monitoring: India may lose its sovereignty of decision making.
• Limits Indian interests: Indian interests with Iran in importing crude oil and developing relations will be limited
• Inclination: defence relations may turn India from the non-alignment status
• May disrupt relations: significance of Indo-Russia defence deals has been reduced.

Conclusion:
It is said that US does not lose war, but losses interest. Thus, India needs to Emphasize on strategic autonomy in
all its decisions.

******
2021
Q.1 'Constitutional Morality is rooted in the constitution itself and is founded on its essential facets. Explain the
doctrine of 'Constitutional Morality' with the help of relevant judicial decisions.
Introduction:
Constitutional Morality is adherence to the core principles of the constitution in a democracy. And a moral obligation
of an individual and state to uphold the constitutional values with utmost dignity.
Constitutional Morality is Rooted in the Constitution Itself
● Article 14: enables equality before the law and equal protection of laws.
● Article 15: The state shall not discriminate on the grounds of religion, race, caste, sex and place of birth.
● Article 15(3): The state can make any special provisions for women and children.
● Article 32: provides for enforcement of writs for violation of fundamental rights by the Supreme Court.
● Article 38: securing a social order permeated by social, economic and political justice.
● Article 50: This provides for separation of judiciary from the executive.
Constitutional morality is reflected in the essential facets of the constitution
Legislature:
• Rule of law: The equal subjugation of all citizens to the ordinary law of the land.
• Justice: provision of social, political and economic justice to all the people of India
o Empowerment of marginal sections: Navtej Singh Johar v. UOI, apex court struck down section
377 of IPC
Executive:
• Being responsible: implementation authority must be responsible for their acts to the parliament (Art.
75)
• Equality: mentioned in the preamble and article 14
Judiciary:
• Providing Complete Justice: power of enforcement of decrees and orders
o E.g., directed all states to implement one nation one ration card scheme
• Constitutional Remedies: provide writs for the violation of fundamental rights articles 32 and 226
• Preventing abuse of power: declare the laws which are unconstitutional as invalid.
o E.g., In Puttaswamy case, the Supreme Court upheld right to privacy
People:
○ Duties as a citizen: fundamental duties as moral obligations
○ Individual liberty: of thought, expression, belief, faith and worship
Conclusion:
Constitutional Morality is a progressive and transformative doctrine. This is a part of constitutional silences which
must have a balanced application. This provides for the commitment of the ideals and aspirations of the constitution
to the stakeholders.

Q.2 Discuss the desirability of greater representation of women in the higher judiciary to ensure diversity,
equity and inclusiveness.
Introduction:
Women representation in the higher judiciary with 11% in high courts and 12% in the supreme court is lower than
37% in the lower judiciary.

The Reasons for Lower Women Representation in the Judiciary


● Political:
○ No women reservation: in the judiciary similar to local bodies.
○ Opaque collegium process: lead to biased rulings. There is no single woman appointed as CJI in India.
○ Lack of guidelines for workplace harassment: in the judiciary
● Social:
○ Gender discrimination: only 11.75% of women joined as district judges through direct recruitment.
○ A leaking pipeline: Employed women leave their work due to family responsibilities
○ Though a judge but women: experience the feudal mentality of male lawyers or judges
● Economic:
○ Costly legal course: reduces women representation.
○ Lack of formal support mechanisms: like paid maternity leaves, creche's poor sanitation facilities
leading to lower representation.

The Desirability of Greater Representation of Women in Higher Judiciary


● Ensure diversity:
○ A change in judicial culture: increases the willingness of women to seek justice and enforce their
rights.
○ Women bring in more administrative changes: E.g., Justice Gita Mittal ensured that witnesses would
not have to face the accused
● Ensure equity:
○ Empowerment of women: break glass ceilings and more women can reach the judiciary.
○ Provides alternative perspectives: inclusive perspectives to statutory interpretations.
○ Gender-sensitive judgments
● Ensure inclusiveness:
○ Active participation in the decision making: raise issues of sexual harassment at workplaces.
○ Provide societal progress: balanced and empathetic approach in cases.
○ Role in granting economic equality: Justice Leila Seth secured daughters inheritance rights over
ancestral property
Conclusion:
The representation of women in the higher judiciary is necessary for addressing issues with sensitivity
and being gender-specific. Women must be given a place in the higher judiciary.

Q.3 How have the recommendations of the 14th finance commission of India enabled the states to
improve their fiscal position?
Introduction:
The finance commission is a constitutional body under Article 280 of the Indian constitution. This is constituted for
every five years by the President of India to review the state of finances of the union and the states.
The Recommendations of the 14th FC Enabled the States to Improve their Fiscal Position
● Enhanced share of the states: from 32 to 42% which is the biggest ever increase in vertical tax devolution.
○ Restructuring for their priorities: choosing different activities within a CSS.
● New horizontal formula: for the distribution of the state's shares
○ New variables: like 2011 population and forest cover and excluded fiscal discipline variable.
○ Increase in tied scheme-based funding: TN from 40% to 47% and Haryana with an increase of 13%.
● Grants: for local bodies based on the 2011 population data.
○ High-level monitoring committee by States: carry out a concurrent evaluation of ULB's.
● Local government: recommended a grant-in-aid for local governments that is equal to 3% of the divisible
pool.
● Amending FRBM Act: to provide for statutory flexible limits on fiscal deficit.

The 14th FC Recommendations Hampered the Fiscal Autonomy of the State


● Decrease in CSS funding: with the greater onus on state governments.
● States received lower allocations: Sarva Sikhshya Abhiyan receiving only 62%.
● Decrease in United funding: put a greater share for central schemes and 7th pay commission.
● Skewed towards states of demographic might
● Rewards states with high fertility: by increasing weightage of the 2011 census
● States with low forest cover punished: led urbanized states with low levels of allocation.
● Reward states with huge population: end up with lower per capita income
Conclusion:
The 14th finance commission's vertical devolution doesn't alone provide autonomy to the states. The States issues
must be addressed concerning each state and not merely practising one size fits all approach.
Q.4 To what extent, in your view, the parliament is able to ensure accountability of the executive in
India?

Introduction:
The three organs of the state work on the principle of checks and balances. The legislature ensures accountability of
the executive through constitutional provisions and conventions and laws.
Parliament Ensuring Accountability of the Executive
● Role of Rajya Sabha: prevents hasty legislation of the Lok Sabha. E.g., opposed the Data protection bill
to safeguard citizen rights.
● Role of committees: Bills were made better, Probe into scam allegations (Coal Scam, 2G Scam)
● Increase efficiency of Parliament: productivity of the 17th Lok Sabha was 135% and Rajya Sabha was 100%.

Parliament Issues in Ensuring Accountability of the Executive


● Article 75: The Council of ministers are collectively responsible to the Parliament
○ Premature parliamentary sessions: recent budget session ended two weeks ahead of the original
plan.
○ Lowest parliamentary sessions: with 34 days for Lok Sabha and 33 days for Rajya Sabha.
● The diminishing role of Rajya Sabha: by classifying ordinary bills as money bills E.g., Aadhar bill
● Parliamentary committees: number of sittings decreased by 22% and were 26% less productive. There
was not a single meeting during the lockdown period.
● Non-reference to Committees: The recent farm law repeal bills and Mines and minerals bills etc were
passed without the scrutiny of committees.
● Parliamentary Conventions:
o Disruptions: 14 MPs were suspended in 2023 winter session.
o Lack of Debates: 76% of the budget was approved without any debate and discussions.
● Anti defection Law Provisions:
○ Speaker role: no prescribed time limit to disqualify MP.

Conclusion:
The Parliament must ensure accountability of the executive to have a balance in the functioning of governance. The
judiciary fills the gap through its legislation and activism which hampers the principle of checks and balances.

Q.5 ‘Earn while you learn’ scheme needs to be strengthened to make vocational education and skill training
meaningful.” Comment

The Ministry of Tourism has launched a scheme titled ‘Earn While You Learn’ with a view to inculcate appropriate
tourism travel traits and knowledge amongst trainees to enable them to work as student volunteers.

Features of Earn while you learn scheme


• Eligibility: College-going students in the age group of 18 to 25 years
• Selection procedure: transparent procedure and will follow a 21day course period.
• Inculcating knowledge: short term training, dedicated to travel industry
• Curriculum: is finalized by the Ministry of Tourism and implementing Institutes

Need for Strengthening the Scheme to Make Vocational Education Meaningful


• Accessibility: tourism sector has limited reach to attract the students.
• Lack of standard procedure: by training institutes
• Affordability: scheme is silent on income incentives such as stipends
• Addresses infrastructure gaps: upgradation of ITIs infrastructure and improve vocational education

Need for Strengthening the Scheme to Make Skill Training Meaningful


• Lack of monitoring mechanism
• Lack of industrial interface: performance is poor in terms of skill training and placement records.
• Required employability: failed to provide permanent employment
• Increased coordination: There is lack of coordination between MSDE, MHRD and Ministry of Tourism.
• Poor quality trainers: not employable in the industry.
• Addresses Infrastructure deficit: funding for the upgradation of infrastructure in skill training institutes.
Way Forward
• Including private players: Industries should see it as part of their corporate social responsibility
• Evaluation of training institutes: techniques to evaluate the performance
• Industry and university partnerships: provide guidance in the development and administration
• Funding support: More money is needed to attract and retain students
• Standardization of skills: by having nationwide standards of EWYL that also stand up to international
benchmarks.

Conclusion
To reap the benefits of demographic dividend, we need to increase the pervasiveness of the scheme.

Q.6 “If the last few decades were of Asia’s growth story, the next few are expected to be of Africa’s." In the light
of this statement, examine India's influence in Africa in recent years. (10 Marks)

In recent years, India has made significant strides in expanding its influence in Africa, emerging as the second largest
provider of credit to the continent.

The last few decades were of Asia's growth story:


• High social and economic progress: speed and extent of Asian economic and social progress has been inspiring
o The Japan's dramatic transformation has been followed by South Korea, China, Hong Kong, Singapore and
India.
• High export and major FDI destination: major engine for global growth
• Translation of economic growth into social reforms: poverty rates have fallen, life expectancy has risen, and the
quality of life has improved
• Increased living standards: share of world GDP jump from 10% to 30% and living standards rose sixfold

The next few decades are expected to be Africa's growth story:


● High demographic leverage: young population with a growing labour force
● Huge job opportunities: success in creating jobs of 21 million new stable jobs over the past five years
● Stable job growth rate: Stable jobs grew at a rate of 3.8% between 2000 and 2015
● High rate of urbanization: As per UN, an additional 187 million Africans will live in cities.
● High Consumption forecast: faster than the continent's GDP growth rate.
● Technological leverage: that can unlock growth and leapfrog the limitations

India’s influence in Africa in recent years:


• Economic
o Strengthened trade: bilateral trade grew by 9.26% in 2023
o Through diaspora: large number of students for higher education in India
o Aid through line of credit: extended approx. $32 billion over last decade
• Capacity building
o Increased development cooperation: Indian Technical and Economic Cooperation (ITEC), Team 9
o Infrastructure development: Indo-Japanese effort aimed at building infrastructure in Africa.
o Building maritime route: IJAGC is envisioned as a maritime corridor
● Military
o Training to military personnel: from a number of African states.
o Peacekeeping mission in Africa: India is largest contributor to peacekeeping mission of UN
● Technology
o Bridge digital divide: e-Vidya Bharati and e-Arogya Bharati Network Project.
● Energy and resources
o Resource procurement: especially in the energy sector

Conclusion
PM Modi had given 'Kampala Principles' which would be our guiding light while engaging with Africa. It has led to a
change in approach from 'Active disassociation to proactive association'
Q.7 "The USA is facing an existential threat in the form of a China that is much more challenging than the
erstwhile Soviet Union." Explain.

The post-COVID19 world order is increasingly marked by rise of China as a major global power, threatening the
hegemonic power of the United States in the global geopolitics.

Existential threats faced by A from China are much more challenging than Soviet Union
• Economic mighty: China poses a determined challenge to USA in the fields of technology and manufacturing. E.g.,
Made in China 2025 focuses on making China the dominant player in the global manufacturing.
• Changed nature of threats: Soviet Union during the cold war openly regarded the USA as its enemy. China seeks
to construct a "new model of major-country relationship". USA engagements in QUAD and AUKUS shows
increased stature of China at global level.
• Complex Interdependence: The global economy now is more integrated, especially with China being the top
trading partner of many countries.
• Not mere Ideological: Cold war era was based on military and ideological might of Soviet Union. China, on the
other hand, competes in economic and administrative domains.
• Tech Cold war: allegations of espionage and snooping charges over Chinese companies like Huawei.
• Trade wars: raised tariffs by China have weakened the US economy
• Third world: difficult for USA to make inroads into these countries E.g., Belt and Road initiative of China.
• Multitude advancements of China: diversified its advancements in multiple sectors and is poised to overtake the
US as the largest economy.
• Forced IP transfer: to provide access to foreign players.

Conclusion
Soviet Union failed, but China's peaceful development, continues till date, which has been a huge success. The
current USA-China's tussle over Nancy Palosi's visit to Taiwan shows what is in store for the future.

Q.8 The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe
within a particular state is being questioned by various States. However, the power of States to withhold
consent to the CBI is not absolute. Explain with special reference to the federal character of India.

Introduction:
CBI is a federal law enforcement agency which undertakes investigation in any part of county after the consent of
state.

Two types of consent


• General Consent: Once given CBI can work upon cases in state without asking for permission for each case
Recently more than 8 states have withdrawn this consent.
• Special Consent: CBI has to take permission from state for every case they wants investigate in the state.

Questioning of jurisdiction by the state:


• Encroachment: CBI is governed by Delhi Special Police establishment act-1946 which doesn't extend to States
• Acting on political basis: central government illegally using CBI to settle political scores.
• Law and order: CBI is violation of federal character. E.g., attempt by a CBI to interrogate the Kolkata commissioner
• Control of state police force: lies with state government, but CBI takes the support during investigation
• Usurping the jurisdiction: In many cases, CBI has usurped the jurisdiction of the local police
• Working with central agencies: handed the criminal part of case investigated by the ED which led to challenge by
the state government. E.g., Kerala government objected to ED handing over the case of antiquity dealer Monson
to CBI.
• Usage of fringe elements: to usurp the state government investigative power and strained the federal
relationships. E.g., CBI used the argument that coal mined from west bengal goes to other state to conduct
investigation in West Bengal

Power to withhold consent is not absolute:


• Applies prospectively: CBI can continue to investigate the cases which it was doing before the revocation
• When Court interferes: then there would be no need for the consent.
• Seeking case to case basis: consent can be given to the CB.
• No need for consent against central government employee: held by Calcutta high Court
• Caught red handed for bribe: CBI consent is not necessary
• Requirement of case: If a case registered in other states requires investigation in other states
• Element of surprise: CBI can do the raid while giving notice to the later.

Conclusion:
There is no doubt CBI and various other investigative bodies need reform, in this regard Ex SC Chief justice
recommendation of Umbrella independent investigative body should be discussed and thought upon.

Q.9 Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India
Introduction:
Inequality is the root cause of revolutions and thus Notion of equality has been the foundation of democracy which
has led to multiple rights of right to freedom, right to property and social reform in the society.
Right to Equality USA India Example
Inception Through 14th In Constitution since
amendment act in 1868 beginning
Restriction No restrictions Few Restrictions Principle of equity allows
for violation of equality
Judicial Can restrict the right Guided by
interpretation constitutional principle
Structure of Every state is equally Representation in RS is 2 members from each
Parliament represented not equal state in USA
Provision for None for marginalized Allows for positive Article 15 & 16
Affirmative Action sections discrimination
Provision for Social Doesn’t interfere Allow judiciary to Abolishment of triple
Equality eradicate talaq
Restrictive in Nature Restrictions on states for Enables states to bring
distinction changes
Equal Opportunities Mandates only Equal Ensures Equal
& not equal Opportunities & not Opportunities with
outcomes equal outcomes equal outcomes
Universal Franchise After 150 years of Since independence
independence

Conclusion
Notion of equality has developed in the both countries as per local needs and apart from having few differences in
the social role, it has been instrumental in the growth of democracy, principle of humanism and rule of law in both
the countries.

Q.10 Explain the constitutional provisions under which Legislative Councils are established. Review the working
and current status of Legislative Councils with suitable illustrations. (15 Marks)

Introduction:
India has bicameral system of representation. At the state level, legislative assembly and legislative council
represents this bicameral system

Constitutional mechanism for council:


• Not mandatory: for the state to have the council.
• Article 169: states need to pass a law with special majority and then Parliament needs to create a law by simple
majority.
• Article 171: no of members in council can't be more than 1/3rd of assembly.
• Qualification: It is also established by the article 171.
Status of legislative council:
• Working in 6 states: Andhra Pradesh, Karnataka, Maharashtra, Telangana and Uttar Pradesh.
• Pending with central government: Ex: Rajasthan and Odisha

Working of legislative council: Pros


• Act as check on hasty measures: give time for rationality in decision making. E.g., Karnataka government delayed
the tabling of anti-conversation bill
• Check the majorities: manned by people from different ideology
• Space for multiple voices: educated persons thus ensure proper debate and discussions for any law.
• Continuous accountability: given its policy of retirement E.g., In Maharashtra, Karnataka ruling government often
uses the election of council to decide the popularity of their legislations.

Cons
• Burden on the finances of state: E.g., creation of legislative council of West Bengal would lead to strain on
financial health of state to the tune of 600-800 crore.
• Not efficient in working: role limited only to review and amendment to bill can be rejected by legislative assembly,
• Parking defeated leaders: doesn't provide space for rational voices.
• Doesn't play any constructive role: often acted as delaying agent

Conclusion:
Legislative councils can act as a 'Safety valve' but at the same time be based on political whims and fancies, thus a
clear framework which justifies its creation is the need of the hour.

Q.11 The newly tri-nation partnership AUKUS is aimed at countering China's ambitions in the Indo-Pacific region
Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in
the present scenario. (15 Marks)

Introduction:
AUKUS is a trilateral pact between Australia, United states and United Kingdom for the Indo-Pacific region. Under
this pact, USA is supplying the nuclear-powered submarine to the Australia

Counter the Chinese ambition in the Indo-Pacific Region:


• Strengthening Australia: militarily and help it to make a strategic presence
• Challenge the hegemony of China: in the South China sea.
• Strengthening the Taiwan: through military capability of Australia
• Credible alternative to other countries: for trade thus weakening of China.

Going to Supersede the existing Partnerships in the region:


Yes:
• Alternative arrangement: military side which has so far been absent in other partnerships of the region.
• NATO member: bringing Australia into the fold is the expansion of the NATO.
• Powerful partnership: All the three nations are powerful and developed
• Weaken the Asian Centrality: With involvement of large players

NO:
• Working alongside Quad: expanded the scope of QUAD of more strategic working.
• Sets precedent: for working between QUAD nations and the NATO nations.
• Similar Vision: of rule of law, freedom of navigation.
• Building Military and economic partnerships: All these organisations are aimed towards countering the China.

Strength of the AUKUS in present scenario:


• Deepened economic capability: USA is world's largest economy and UK is world's fourth largest economy
• Availability of resources: Australia is resource rich country while USA and UK have the technology
• Targeted Focus: to check the expansionist rise of the China and ensure rule-based order in Indo-Pacific region.
• European Powers in direct conflict with China: first time after independence of China.
Impact of AUKUS in present scenario:
• Balance of Power: in the Indo Pacific by balancing China.
• Technology Transfer from France: AUKUS can make India to receive the technology from the France.
• Nuclearization of the Indo-pacific region
• Militarization: potential to destabilize the whole region.
• Antagonize China: make it more assertive in its power in the region.
• Increased US Presence: potential of direct conflict between USA and China.

Conclusion:
Increase trade relationships, military exercise and diplomatic means to settle the dispute would ensure that worst
outcomes are not witnessed by the AUKUS.

*********
2022
1. "The most significant achievement of modern law in India is the constitutionalization of environmental
problems by the Supreme Court." Discuss this statement with the help of relevant case laws.
The Supreme court through its creative interpretations in various cases brought environmental problems to the
forefront, which were earlier not given due importance in constitutional and legal parlance.

Constitutional provisions related to environment protection


• Article 21: right to live in a healthy environment
• Article 47: State shall regard the raising of the level of nutrition and the standard of living of its people
• Article 48 (A): safeguard the forests and wild life of the country”.
• Article 51-A (g): duty of every citizen of India to protect and improve the natural environment

Constitutionalization of environmental problems by SC:


• Ganga Pollution: In MC Mehta case (1988): lashed for allowing untreated sewage into the Ganges.
• Phasing out polluting vehicles: mandated impounding of 10-year old diesel and 15-year old petrol vehicles
from Delhi.
• Ban on firecrackers: during Diwali.
• Right to clean water and air: Subhash Kumar Vs Bihar (1991) part of a fundamental right
• Polluter pay principle: Vellore Citizens Welfare Forum vs Union of India, polluter pay principle was made
a part of constitutional decision.
• Public Trust Doctrine: Some resources, such as air, water, the sea, and forests, are so essential to the
general public that making them private property would be completely unjustified.
• Fundamental right to Water: Narmada Bachao Andolan v. Union of India is part of the right to life as
enshrined in Article 21 of Constitution.”
• Compensation to victims: The absolute liability for industries in the Delhi gas leak case.
• Graded response action plan: launched by SC in response to emergency situation in Delhi.

It is said that if there is something that the judiciary has solely protected and controlled since independence, it is the
environment.

2. “Right of movement and residence throughout the territory of India are freely available to the Indian citizens,
but these rights are not absolute.” Comment..

Freedom of movement: Article 19(1) (d) under Part III of the Indian Constitution deals with the fundamental right
to freedom of movement. This right is protected against only state action and not private individuals.
Freedom of Residence: Article 19(1)(e) provides that every citizen of India has the right "to reside and settle in any
part of the territory of India.

Right to Movement is not absolute:


• Reasonable restrictions: the interests of the general public and the protection of interests of any scheduled
tribe.
• Protection of interests of any scheduled tribe: The entry of outsiders in tribal areas is restricted to protect
the distinctive culture, language, customs and manners
• Public health and public morals: SC held that movement of prostitutes can be restricted on ground of public
health and in the interest of public morals.

Freedom of Residence in Indian territory is not absolute:


• Reasonable restrictions: on two grounds- the interest of general public and protection of interests of any
scheduled tribes.
• E.g., Inner Line Permit system in the states Arunachal Pradesh, Nagaland, Mizoram and Manipur.
Important Judgements related to Freedom of movement and residence:
• Kharak Singh v. The State of U. P. (1962): unreasonable surveillance and domiciliary visits by police not
authorized by any law
• State of UP V. Kaushalya Case (1964): prostitutes may be restricted on grounds of Public Health and in
the interest of Public Morals.
The restrictions on these rights may have created many legal disputes but they are quintessential for preserving
public morality and cultural ethos of indigenous communities.

3. To what extent, in your opinion, has the decentralization of power in India changed the governance landscape
at the grassroots?
It involves the shifting of fiscal, political and other responsibilities from higher to lower levels of government. With
73rd and 74th constitutional amendment acts, the decentralization of power was given practical shape in India.

Role of decentralization of power in changing governance landscape at grassroots


• Participation of common man in democratic process: 250,000 PRIs and Urban local bodies and over 3 million
elected local government representatives.
• Better public service delivery: active interest in the performance of primary schools and healthcare
• Women empowerment: Around 49% of the elected representatives in local bodies are women.
• Voice to vulnerable like SC/ST: Reservation helps in providing voice to these sections.
• Enhanced accountability of elected representatives: face his constituency periodically for explanation.
• Bridge between community and government
• Planning and development: helping in infrastructure building such as roads, sanitation and water facilities.
• Enhanced transparency: through social audit due to Gram Sabha/Panchayat.
• Complement state government efforts: crucial role in tracing, organizing health check-up camps, sanitation, social
distancing messages among others.

Issues with decentralization of power in India


• Functions
o Not specified: especially with reference to 29 subjects that have been listed in Eleventh schedule.
o Devolution of functions: several States have devolved only as low as three functions.
o Parallel bodies/Parastatal Bodies: For example, Rural development agency of Haryana
o Status of Gram Sabha: number of the States have not spelt the powers of Gram Sabhas
• Functionaries
o Non-accountability: Personnel not accountable to the gram panchayat and gram Sabha.
o No clear guidelines for non-elected staff: by any state
o Lack of capacity building: Many elected representatives remain totally depend on officials to perform
even basic works.
o Illiteracy: know little about their roles and responsibilities, programmes, procedures, systems.
o Challenges faced by women representatives: Sarpanch Pati syndrome, lack of leadership skills,
illiteracy, lack of awareness, discouraging attitude of family members.
• Finances
o Dependency on state governments: The local bodies are heavily dependent on government grant
o Inflexibility: grants is scheme specific
o Non-implementation of State Finance Commission Recommendations
• Functionality
o Politicization of local body elections: Elections are not held in time.
o Presence of adhocism: Lack of clear setting of agenda in gram Sabha
Measures to strengthen decentralization of power in India
• Sumit Bose committee recommendations: capacity development of panchayats.
• Genuine fiscal federalism: Fiscal autonomy accompanied by fiscal responsibility
• Bottom-up planning: especially at district level
• District Council: should be constituted in all districts
• Participatory local planning: support to institutionalize a regime of decentralized planning.
• Best practice: actively investing in infrastructure which raised the value of property
Decentralization of power is vital to strengthen participatory democracy, facilitate responsive governance and
enable better public service delivery. It helps us achieve the Gandhi’s dream of village republics.

4. Discuss the role of the Vice-President of India as the Chairman of the RajyaSabha.
Articles 64 and 89 (1) of the constitution provide that the Vice-President of India shall be the ex- officio Chairman of
the Council of States i.e., Rajya Sabha.

Role of Vice-President as the Chairman of RajyaSabha


• Principal spokesman: of the House and represents its collective voice to the outside world.
• Ensures dignity of house: unchallenged guardian of the prestige and dignity of the House.
• Facilitate deliberations: allows members to speak and ask questions impartially
• Maintenance of Order: in accordance with the relevant constitutional provisions, rules, practices and
conventions
• Casting Vote: in case of a tie, so that a final decision can be reached.
• Correction of patent errors: in a bill after it has been passed by the house
• Rules for joint sittings: consulted by President for making rules as to procedure with respect to joint sittings
• Guide Rajya Sabha secretariat: Rajya Sabha secretariat functions under the control and direction of the
chairman.
• Interpretation of rules: right to interpret the Constitution and rules relating to the House
Challenges faced by Vice-President as Chairman of Rajya Sabha
• Managing friction: Frequent disruptions forcing cancellation of Question hour.
• Independent functioning: independent of all political bias and uphold the constitution.
• Politics of boycott: and creation of ruckus in the house is reduced.
The neutrality and non- partisanship of Chairman of Rajya Sabha can go a long way in firming the roots of the
system of parliamentary democracy by facilitating constructive debate and dialogue.

5. Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a
statutory body to a constitutional body.

The National commission for backward classes (NCBC) which was a statutory body constituted in 1993 under
National Commission for Backward Classes Act was given constitutional status by 102nd constitutional
amendment (2018) through insertion of Articles 338B and Article 342A in the constitution.
Present role of NCBC as a constitutional body:
• Protection of constitutional safeguards: authority to examine, monitor, and evaluate the implementation
of constitutional provisions
• Socio-economic development: It engages in and advises on the SEBCs' socio-economic growth
• Inquiry into complaints: with respect to the deprivation of rights and safeguards
• Power of a civil court: It now has all the powers of a civil court while trying a suit and can summon anyone,
require documents to be produced, and receive evidence on affidavit.
• Grievance redressal: The new NCBC is entrusted with the additional function of grievance redress of
backward classes.
• Present reports to President: mandated to present annually and at such other times as the Commission
may deem fit
Significance of granting constitutional status to NCBC
• Justice to backward classes: bring social equality in the society.
• Fight atrocities: ensure quick justice to them.
• Increased status: brings the NCBC on par with the NCST & NCSC
• Democratic functioning: The addition of at least two people with special understanding of backward
classes and one woman
• Transparency: greater transparency and openness in functioning of the commission
Way forward
• USA model: It involves using technology at the 1st stage of complain. Example- Video conference etc.
• Vacancies should be filled: 40% Posts lie vacant
• Training workforce: Increases efficiency and thus enable them to deliver justice quickly.

While giving NCBC constitutional status is a step in the right direction, other measures such as sub-categorization
of OBCs, political will for proper representation is needed to ensure comprehensive and holistic development
of the OBCs.

6. The Gati-Shakti Yojana needs meticulous coordination between the government and the private sector to
achieve the goal of connectivity. Discuss

Gati Shakti Yojana is the National Master plan for multi modal connectivity. It targets co-ordination between 16
ministries and 6 modes of transport.

Gati Shakti Yojana:


Features:
• Co-ordinated planning: in infrastructure development of all the sectors.
• Increase trade: reducing the turnaround time & increasing cargo handling capacity
• Industrial Defence corridors: 11 Industrial corridors & 2 defence corridors. (UP & TN)
• Extending 4G connectivity: to all villages.
• Gas pipeline network: adding 17,000 kms
• Expanding transport infrastructure: national highways network to 2 lakh kms, 200 airports, heliports
& water aerodrums.
• Digital platform: common platform for co- ordination between various ministries on a real time basis.

Need of meticulous coordination between the government & the private sector to achieve the goal of connectivity:
Planning issues:
• Poor planning: Fragmented responsibilities among different departments
o E.g., wide gap between macro planning & micro implementation
due to lack of co-ordination & advanced information sharing.
• Delay in project execution: state clearances
Governance issues:
• Issues of corruption: among the departments.
• Policy reforms: in taxation to build a favourable market for domestic private investors
Financial issues:
• Poorly structured PPP to finance projects: land acquisition delays & litigation issues
o Time & cost over runs: E.g., The logistics cost in India is about 13% of GDP
Market issues:
• Lack of Demand: in infrastructure sector.
• Private dominant markets: Digital world is private dominated.

Way forward
• Rakesh Mohan committee: Our approach to infrastructure currently is BUILD- NEGLECT-REBUILD. We
need to change it to BUILD-NURTURE-REPAIR
• Eliminating corruption: a accountability framework is needed.
PM Gati Shakti is a step in the right direction. It needs to address structural macroeconomic stability concerns
by a regulatory & institutional framework.

7. Reforming the delivery system through the Direct Benefit transfer scheme is a progressive step,
but it has its limitations too. Comment.

Government delivery system is seen as a measure to establish the socialist principles. Presently 315 schemes of 53
ministries are under it. Since its launch we have saved 2.23 lakh crores from middleman

Government delivery system through Direct Benefit transfer scheme is a progressive step:

Infrastructure:
• Reduce huge logistics cost: of transporting large volumes of food grains.
• Reduce capital investment: food grain delivery need warehouses.
Beneficiary:
• Greater autonomy: to the beneficiaries in terms of food choices.
E.g., beneficiary preference for DBT vs PDS as increased.
• Beneficiary communication: over non- recipient of benefits.
• Eliminate & host beneficiaries: ghost beneficiary can be easily eliminated.
Governance:
• Reduce leakages: storage & distribution provides for leakages
• Prevents corruption: accountability over the allotted money.

Limitations of the Direct Benefit transfer Scheme:

Governance:
• Markets are poorly developed: difficult for beneficiaries to access the market
• Hoarding & artificial storage: local markets resorting to hoarding & artificial storage.
• Dismantle government obligation: adverse impact on agriculture & farmer protection.
Economic:
• Trigger inflation: Supply if inelastic, can contribute to inflation with cash transfers.
• Fluctuations in market place: cash transfers cannot match constant prices.
Infrastructure:
• Inadequate banking facilities: lead to addition cost & time requirements.
Beneficiary:
• Diversion to non-food expenditures: may not necessarily improve diets

E-rupee which can revolutionize the system of DBT

8. ‘India is an age-old friend of Sri Lanka’. Discuss India’s role in the recent crisis in Sri Lanka in light of the
preceding statement.
India and Sri Lanka relationship has deep historical and cultural linkages that back to more than 2500 years old. They
share a long tradition of shared cultural heritage, economic co-operation and close diplomatic ties.

India as an age-old friend of Sri Lanka


• Lord Hanuman as India's first diplomat: The Adam’s bridge was constructed for this purpose.
• Spread of Buddhism: spread over Sri Lanka some 2000 years ago.
• Indentured laborers: The Tamils settled in the northern part of Ceylon.
• Shastri-Shrimavo pact (1964): Ceylon agreed to give three lakh Indian Tamils in Ceylon citizenship
• 13th amendment (1987): provisions for devolution of powers
Reasons for recent crisis in Sri Lanka
• Economic mismanagement: government owes $51 billion and is unable to make interest payments
• Dwindling foreign exchange earnings: led to restriction on imports
• Corruption: years of mismanagement and corruption.
• Impact of CoVID-19: Exports of tea, rubber, spices and garments suffered
• Tourism: pandemic has affected tourism-based economy
• Populist policies of government: new Government in 2019 promised lower tax rates.
• Reduction in rice production: government’s proposal to ban all chemical fertilizers in 2021
• Russia-Ukraine war: war induced inflation due to high fuel.

India’s role in recent crisis in Sri Lanka


• Monetary assistance: India’s assistance to Sri Lanka includes USD 3 billion credit line assistance.
• Currency swaps: USD 400 million under the SAARC Currency Swap Framework
• Supply of essential goods for consumption: Shipments of rice, milk powder, and medicinal drugs all worth
Rs. 2 billion.
• Procurement of Fertilizers: from India for the Yala season cultivation.
• Energy security package: supplied 40,000 metric tons of diesel, 40,000 metric tons of petrol and 400,000
metric tons of cooking gas.
• Humanitarian assistance: The Indian Navy has made India’s humanitarian mission successful.
The India’s assistance to Sri Lanka in the recent crisis is in line with its policy of neighborhood first and SAGAR vision.

9. Do you think that BIMSTEC is a parallel organisation like the SAARC? What are the similarities and
dissimilarities between the two? How are Indian Foreign Policy objectives realised by forming this new
organisation?
BIMSTEC is a regional multilateral organization that act as a potential bridge between South and South-East Asia.
SAARC is an intergovernmental organization founded in 1985 for the development of economic and regional
integration.

BIMSTEC emerging as a parallel organization to SAARC


• Rising prominence: BIMSTEC gained prominence after the 2016 Uri attack. SAARC nations boycott the
organisations’ summit, which was to be held in Pakistan.
• Effective regional group: BIMSTEC member countries have generally cordial relationships, which is missing
in SAARC.
• Clubbing BIMSTEC division with SAARC: strengthening BIMSTEC amid Pakistan’s intransigence in blocking
anti-terror initiatives under SAARC.
• Stagnation of SAARC: due to India-Pakistan conflict, terrorism, resource crunch, no dispute resolution
mechanism leading to prominent role for BIMSTEC.
Similarities and dissimilarities between BIMSTEC and SAARC

Similarities Dissimilarities
▪ Common members: India, Bhutan, Sri SAARC is a regional organization looking into South Asia; while
Lanka, Nepal and Bangladesh. BIMSTEC connects South Asia and South East Asia.
▪ Both are inter-regional organisation SAARC has a Free Trade Agreement, but
of South Asia BIMSTEC does not have one.
▪ Both focus on economic and regional SAARC maintains permanent diplomatic relations at the United
cooperation. Nations as an observer, but BIMSTEC does not have this.
Encouraging spirit of equalityand SAARC is more about territorial connectivity
partnership (BBIN Motor Vehicle Agreement) while
BIMSTEC focuses more on maritime association.
Accelerating support for each other in the SAARC was created in 1985 during cold war
field of education, science and while BIMSTEC was created in 1997 in post-cold war period.
technology.
Indian Foreign policy objectives realized by BIMSTEC
• Bridge between South Asia and South East Asia: economic development in the region.
• Stable group: cordial bilateral relations with each other.
• ASEAN Connect: through Myanmar and Thailand.
• Natural and human resources: brings closer to Bay of Bengal, Mekong region and Sub-Himalayan region.
• Enhanced Trade: much greater trade potential as compared to SAARC.
• Boost Connectivity: Kaladan Multimodal project, IMT Highway
• Indian Ocean region (IOR): India’s goal of net security provider in IOR gets a push
• Counter Chinese influence: in the neighboring countries and establish ASEAN centrality in geopolitics in
the Indo Pacific region.
• Isolation of Pakistan: Isolation of Pakistan at various international forums.

Limitations of BIMSTEC to realize India's foreign policy goals


• Episodic relationship: engagement among the countries has been mostly episodic and ad hoc.
• No Free Trade Agreement: little movement forward towards agreement on Free Trade Area (FTA).
• Resentment against India's dominance
• Lack of visibility
• No department setup: to oversee the functioning of the BIMSTEC.
• Fragile nature of the countries: The economic projects in the region have failed to take off as a result.
In international relations, “different fork for different dishes” is a historically proven correct approach and going forward,
it may be useful to assess each grouping on its own right.

10. Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or
State Legislature under The Representation of the People Act, 1951. What are the grounds on which the
election of any returned candidate may be declared void? What remedy is available to the aggrieved party
against the decision? Refer to the case laws.
Constitution empowers parliament under article 327 to enact laws for the election procedures. This led to
enactment of representation of people’s Act, 1951(RPA) for the conduct, qualification, disqualification of members
along with corrupt practices & electoral offences.

Procedure to decide the disputes arising out of the election of a member of parliament (or) state legislature under
the RPA, 1951:
• Election petition: to be submitted to the High court of a particular state Jurisdiction.
• Time limit for election petition: within 45 days from the date of election
• Expeditious HC trail: within 6 months from the date of filing election petition.
• High court upholds the election petition: person stands disqualified
• Appeal to Supreme Court: within 30 days from the date of the High court order.
Grounds on which the election of any returned candidate may be declared void:
• Constitutional provisions: Articles 102 & 191 provides for disqualification
• Anti-Defection law: Tenth schedule of the constitution
• Corrupt practice: EXAMPLE-Using caste as criteria for seeking vote
• Voluntary giving-up: (or) abstaining from the vote (or) voting against the directions of the party whip.
• Nominated members: joining any political party after 6 months
• Independent members: joining any political party qualifies for disqualification under x – schedule.
• Conviction for offense: for more than two years, his election is declared void

Remedy available to the aggrieved person again the decision of election being termed void:
• Speaker decision: decision over disqualification under defections rests with speaker.
• Judicial Review: Speaker decision about disqualification is final & placed under Judicial Review.
• Aggrieved person reaching Judiciary: The disqualified persons reach Judiciary & the ECI.
• Supreme Court orders: S.R. Bommai vs UOI defections must be decided through a floor test.
• Party symbol Tussels: Election commission on India is the adjudicating authority

Conclusion:
Election is the biggest festival of the religion of democracy, and India being the most populist country in the world
has been encouraging participation due to the established election process
11. Discuss the essential conditions for exercise of the legislative powers of the Governor. Discuss the legality of
re-promulgation of ordinances by the Governor without placing them before the Legislature.

Introduction:
The governor has been made only a nominal executive, the real executive constitutes the council of ministers headed
by the chief minister.

Essential Conditions for exercise of the Legislative Powers of the Governor


• Summoning or Dissolving the State Legislative Assembly
• In Case of Pending Bills: in the legislature or otherwise.
• Appoint of Speaker (SLA) & Chairman (Council) in case of Vacancy
• Nominations of Special Members: one-sixth of the members of the state legislative council and one
member to the SLA from the Anglo-Indian Community.
• Disqualification of Members: in consultation with the Election Commission.
• Reservation of Bill: for the consideration of the president.
o In addition, the governor can also reserve the bill if it is of the following nature:
a) Ultra-vires,that is, against the provisions of the Constitution.
b) Opposed to the Directive Principles of State Policy.
c) Against the larger interest of the country.
d) Of grave national importance.
e) Dealing with compulsory acquisition of property under Article the Constitution.
• Promulgation of Ordinances (The most important legislative power of the governor): when the state
legislature is not in session.
Legality of Re-promulgation of Ordinances by the Governor
• Constitutionality under Article 213: when the state legislative assembly (or either of the two Houses in
states with bicameral legislatures) is not in session.
• Supreme Court Stance on Re-promulgation of Ordinances:
o DC Wadhwavs State of Bihar: Re- promulgation of ordinances is contrary to the basic fundamentals of
the constitution
o Krishna Kumar Singh &Anrvs State Of Bihar: Re- promulgation of ordinances are a fraud to the
constitution.
• Issues
o Usurpation of the Legislative Power
o The Doctrine of Separation of Powers is Undermined
o Ignoring the Supreme Court's Decision
Conclusion:
According to Justice Chandrachud, “Repromulgation of ordinances is a fraud on the Constitution and a sub-version
of democratic legislative processes”.

12. “While the national political parties in India favour centralization, the regional parties are in favour of State
autonomy.” Comment.

Introduction:
The Indian Constitution has structurally made the Union government more powerful than the states - therefore the
seeming paradox of “centralised federalism”.
National Political Parties Favouring Centralisation
• Talks of Simultaneous Elections: national political parties is in favour
• One Policy and One Rule: The biggest example is in the form of Agricultural Reforms bill
• New Welfare Architecture: aided by technological change in the ability to provide direct targeted transfers
• Centralised Intra Party Mechanism: party tickets distributed by party leadership
• Budget and Welfare Mechanism: decided in a centralized manner
Regional Parties Favouring State Autonomy
• Imposition of One Ideology: The States of South have resisted imposition of Hindi as official language
• Continuous Neglect from Delhi: of an area or region by the ruling parties
• Maintaining Cultural and Self-Governance Principle: promoted regionalism and demand for greater
autonomy.
• Ambition of Regional Parties: parties like DMK, Akali Dal, etc., have encouraged regionalism to capture
power.
• External Impacts like Modernisation and Mass Participation: contributed to the growth of regionalism in
India.
• Increasing Awareness in Backward Regions: that they are being discriminated
• Misuse of Centers Negligence by Local Leaders: exploited the neglect factor
Conclusion:
There is a truth in the saying that “too much centralization leads to blood pressure at the center and anemia at the
periphery and on the other hand too much of decentralization can to lead to anarchy”.

13. Critically examine the procedure through which the president of Indian and France are elected.

Introduction:
India and French both are flourishing democracies. Both India and France chose President as their political heads.
Both democracies have different methods for the election of the President.
Basis of India France
Comparison
Indian nationals aged 35 and older. French nationals aged 18 and older.
Qualified to be a member of Lok Sabha. Qualified to vote, not be ineligible by
Age and eligibility reason of criminal conviction or judicial
decision, and have a bank account.
Proposers for must be subscribed by at least 50 electors nominated by at least 500 elected
Nomination as proposers and 50 electors as seconders. representatives (E.g. mayors, deputies).
Mode of Election Indirectly elected by members of electoral Direct - The French President is elected
college consisting of by direct universal suffrage.
proportional representation by means of Voting in France is a paper-based process.
Method of Voting the single transferable vote by secret
ballot.
no question of political spending in these There is an upper limit on spending which is
Spending Limit elections. monitored by a committee
Different Rounds There are no different rounds of voting for Two Rounds - If no candidate wins over
India’s President election. 50% of the vote, a second round is
organized. Only the two candidates with
the most votes qualify for the 2nd round.
Term of Office 5 Years 5 Years
Number – A person may be elected for any Only twice – Two Terms are allowed.
Renewability number of terms as Indian President.

Why India should stick to its own President’s election method?


• Harmony with the established Parliamentary System
• Avoiding the tussle between President and Prime Minister
• Saving Time and Avoiding Excess Spending

Conclusion:
Both France and India have chosen the election system for the post of President by looking at the nature and
composition of their democracies.
14. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of
Conduct.

Introduction:
Model Code of Conduct is a set of guidelines issued by the Election Commission of India (Article 324) for conduct of
political parties and candidates during elections.

Role of Election Commission w.r.t Model Code of Conduct:


• Upholding Constitutional Mandates: conduct free and fair election
• Prevention of Malpractices: such as impersonation, bribing and inducement of voters, threat and
intimidation
• Ensure General Conduct: criticism of political parties must be limited to their policies and programmes
• Eliminate Misuse: official machinery for the electoral purposes is not misused.
• Regulation of Meetings: must inform the local police authorities of the venue and time
• Regulation of Processions: no two procession of different candidates are planned along the same route
• Ensuring anonymity on polling day: identity badges which does not contain the party name, symbol or
name of the candidate.
• Fair Polling: Only voters with a valid pass from the Election Commission, are allowed to enter polling
booths.
• Grievance Redressal: observers to whom any candidates may report problems
• Regulating Party in Power: ensure that ministers in power must not combine official visits with election
work
• Ensure Fairness: ensure that ruling party must not advertise at the cost of the public exchequer
• Eliminate Monopoly: ensure that ministers and other authorities must not announce any financial grants,
or promise
• Supervision of Election Manifestos: prohibit parties from making promises that exert an undue influence

Way Forward
• Dinesh Gowswami Committee: Giving legal backing to MCC is the need of the hour.
• Strengthening EC: Process of appointment of election commission needs a reform

Conclusion:
The MCC is not enforceable by law however, certain provisions of the MCC may be enforced through invoking
corresponding provisions

15. Besides the welfare schemes, India needs deft management of inflation
and unemployment to serve the poor and the underprivileged sections of the society. Discuss.

Introduction:
Inflation (Avg-7% in Aug 2022 as per NSO) is a general rise in the price level of an economy over a period of time
and Unemployment (8.30% up to Aug 2022, SMIE Survey) is a term referring to individuals who are employable and
actively seeking a job but are unable to find a job.

Potential of Smart management of inflation and unemployment in serving the poor:


• Smart management of Inflation
▪ Improving Poor’s Purchasing Power: and their access to financial markets
▪ Increasing Formal Coverage: that protect employees from price increases.
▪ Reducing Households Burden: Uncontrolled inflation generates poverty traps
▪ Reducing Inequality in Income Distribution

“Uncontrolled inflation is like taxation without legislation”- Milton Friedman


• Smart Management of Unemployment
▪ Provision of Income for the Family: Example- provision of food, payment of school fees etc.
▪ Standard of Savings and Investment: can alleviate poverty in the future.
▪ Sustained Productivity: employment for present and security of job in future.
▪ Generation of Funds for Country: taxes can be used as a source of welfare schemes.
▪ Reduce Out of Pockets Burden: Being unemployed is a highly stressful situation
▪ Eliminating Negative Familial Effects: increased family challenges compared to employed people.
▪ Improving Standard of Living through proper management of skilled labours and interns.
▪ Usage of Human Capital: improved labour management prevents wastage.
▪ Reducing Labour Exploitation: Proper management could alleviate this issue.

Conclusion:
Welfare programmes like Atal Pension Yojana, MGNREGA, Grameen Udyami Yojana, SMILE etc., do not provide
enough money and assistance. Therefore, for sustainable growth of the economy and perpetual development of
the poor and marginalized, management of inflation and unemployment are the needs of the hour.

16. Do you agree with the view that increasing dependence on donor agencies for development reduces the
importance of community participation in the development process? Justify your answer.
Introduction:
In most countries, the civil society is marked by international donors who are the main source of funds and play
other roles such as offering support and collaboration as well as capacity building. E.g., UNICEF, WB, Amnesty
International etc.

Role of Donor Agencies in development:


• Supports Innovation: allow running new and original projects
• Provides Essential Services: such as building hospitals, schools, orphanages.
• Vital Partner to the Government: attempting to narrow the deep divide between the rich and poor.
• Play the Role of Safety Valve: fighting extremism, radicalism and criminal acts against humanity.
• Supports Objectivity: attainment of the millennium development goals.

Dependence on donor agencies for development reduces the importance of community participation in following
ways:
• Influenced by/the Politics: impede smooth learning of the civil society organizations and local participation.
• Erodes Legitimacy: affects the relationship between donors and the civil society organizations
• Creates Contradictory Provisions: donors end up creating contradictory policies.
• Cost Recovery Constraints: increases the inaccessibility of the services offered by the state
• Top Bottom Approach: can result to major conflicts.
• Management and Communication Gap: represent the views of the majority, not meeting the needs of the
local people.
• Divergence from the Goals: of promoting social and economic benefits
• Knowledge Gap: often lacking knowledge of local languages or cultures
• Corruption: question the credibility of charitable work and its management. Example- CBI report shows only
10% file income tax returns
• Anti-National activities: Example- IB report shows Activities of a few NGO’s has cost us 4 percent of GDP

Conclusion:
In light of this, India came up with FCRA to regulate foreign contributions or donations and hospitality (air travel,
hotel accommodation etc) to Indian organizations and individuals and to stop such contributions which might
damage the national interest.
17. The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting
incentive-based systems for children’s education without generating awareness about the importance of
schooling. Analyze.

Right to Education (RTE) was initially a DPSP and so was non- enforceable. In 2002, Parliament inserted Art 21A to
the Indian Constitution and crystallized it as a fundamental right.

Basic Provisions
● Aim: to provide primary education to all children aged 6 to 14 years.
● Reservation: mandates 25% reservation for disadvantaged sections of the society
● Prohibition of deployment of teachers: for non-educational work, other than decennial census, elections
to local authority, state legislatures and parliament, and disaster relief.
● Child centric approach: focuses on child friendly and child centered learning.
● Lays down the norms and standards: Related to Pupil Teacher Ratios (PTRs), Buildings and infrastructure,
School-working days, Teacher-working hours.

Inadequacy of Right to Education Act:


● Implementational Issues:
o People to teacher ratio: 43 in 2010-11 has come down to 26.3 in 2020- 21.
o Empty seats: Only about 1/3rd of the seats available via RTE are filled each year
o Prevalence of dummy schooling: where attendance is not required
o Increasing dropouts: of girls from schools by UNICEF
o Mid-day meal issue: often unhygienic and disincentivizes students
• Lack of basic infrastructure: hampers the attendance of students
o For E.g., Nearly 80% of schools in India do not have internet connections. About 30% schools do not
have ramps facility
• Engagement of teachers in non-academic roles: due to resource crunch
o For E.g., NIEPA report stated that only 19.1% of a teacher’s annual school hours were being spent
on teaching related activities
• Lack of training: teachers fail to deliver quality content in the classroom
• Corrupt administration: makes it easy to cheat and pass the examinations
Suggestions
● Sensitization: increased focus through campaigns
● BEST PRACTICE: attendance-based incentives. E.g., family gets pre-decided amount for 90% plus
attendance.
● Use of technology: to monitor the attendance of students and teachers.
● Learning friendly approach: provoke curiosity among students.
● Strict implementation: of RTE Act
● Training of teachers: ‘NISHTHA’ was launched by the NCERT for the same.
● Mentorships: Community and alumni should be involved to provide mentorship

Conclusion:
Quality education is the way to improve the quality of citizens and further the growth of the country as it allows
people to break the cycle of poverty

18. How will I2U2 (India, Israel, UAE and USA) grouping transform India’s position in global politics?

The I2U2 also referred as Western Quad is the grouping of India, Israel, UAE and USA established following the
Abraham accord. It has potential to build regional partnership beyond the Middle East, specifically on energy, tech
and economic issues.
Features of I2U2 (India, Israel, UAE and USA) grouping
• Aim: To discuss “common areas of mutual interest, to strengthen the economic partnership”.
• Six crucial areas: water, energy, transport, space, health, and food security
• Focus on maritime security: without any military overtones.
• Private sector capital: to modernize infrastructure, explore low carbon development avenues and promote
the development of critical emerging and green technologies.

Role of I2U2 in transforming India’s position in global politics


• Consolidation of India’s Middle East policy: more freedom to interact with Israel and its Gulf partners
• Advantage of Abraham accords: deepen engagement with Israel without risking its ties with the UAE
• Strategic interest: significant in context of India overhauling its defence system.
• Neutral arbitrator: India can prevent any confrontation between Israel and Iran.
• Move beyond bilateralism: pursue a regional foreign policy strategy toward West Asia.
• Economic diversification: into areas like IT, finance and agriculture.
• Greater Investments: allows India emerge as an alternative renewable energy hub.
• Food security provider: filling the supply side gap like food grain to West Asian countries.
• Technological powerhouse: learn from Israel in technologies like nanotechnology, defense technology, etc.
• Role in Indo-Pacific: further strengthens India’s role as net security provider in Indian Ocean Region (IOR).

Way Forward
• Leveraging the dominant: India can benefit from Israel’s technological supremacy
• Collaborating with convergent: UAE capital investment for India’s growing economy
• Managing the divergent: help us tackle C hina’s growing dominance in gulf region.

“After many false dawns, India is finally acquiring the role of global swing state, I2U2 is a prime example of it”- C.
Rajamohan

19. ‘Clean energy is the order of the day’. Describe briefly India’s changing policy towards climate change in
various international fora in the context of geopolitics.
India placing climate change at the centre of its environmental policies announced its ‘Panchamrit’ (five goals) to
combat climate change at the COP-26.

India’s changing policy towards climate change


• CoP-26: India asserted that it is the only country delivering in "letter and spirit" the commitments
under the Paris Agreement.
• Panchamrit (Five Nectar elements):
o Reach 500 GW Non-fossil energy capacity by 2030.
o 50% of its energy requirements from renewable energy by 2030.
o Reduction of total projected carbon emissions by one billion tonnes by 2030.
o Reduction of the carbon intensity of the economy by 45% by 2030, over 2005 levels.
o Achieving the target of net zero emissions by 2070.
• Emphasis on CBDR principle: called on the developed countries for climate justice
• No legally binding targets: to have strategic autonomy space
• Pluralist environmental geopolitical order: India’s ISA, BGA and One World, One Grid Initiative.
• One Sun One World and One GRID (OSOWOG): to harness solar energy
• Technology transfer: India raised its concerns regarding reluctance of developed nations

Positives of India’s changing policy towards climate change


• Common global concerns: More than 155 countries came together in “Paris deal”
• Regional organisations: BIMSTEC and SAARC are actively pursuing clean environment goals
• Others: Technology transfer, Increased trade in renewable energy resources, Climate financing, carbon
trading and De-carbonisation of global supply chain.
Challenges/Issues with India’s changing policy towards climate change
• Economic obstacles: ambitious target to tackle climate change.
• Ideological obstacles: Tensions between developed and developing countries
• National interests: Conflict between the principles of collective good’s and national interests.

Based on evolution of global environmental challenges, India’s geopolitical outlook on climate change has evolved
as seen in Indian diplomacy in UNFCCC.

*****
2023
1. “Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment

Introduction:
"Judicial independence is not a privilege to judges, but a right of every citizen. It is the guardian of individual
rights, the arbiter of justice, and the cornerstone of a just society.” - Thomas Paine

Reasons why Judicial independence is a prerequisite of democracy:


• Constitutional Safeguards: Article 50 mandates the separation of the judiciary from the
executive.
o E.g., The Kesavananda Bharati case affirmed the basic structure doctrine
• Protector of Fundamental Rights: E.g., The Maneka Gandhi case expanded the scope of personal
liberty.
• Arbitrator of Federal Conflicts: resolves disputes between the centre and states, ensuring federal
harmony.
• Checks and Balances: on the actions of the legislative and executive branches.
o E.g., In the S.R. Bommai case, SC held that the President's proclamation of President's Rule
could be judicially reviewed
• Electoral Integrity: ensures free and fair elections by adjudicating disputes
o E.g., The Supreme Court's decisions on electoral malpractices, like the NOTA (None of the
Above) option,
• Anti-Corruption Measures: crucial for investigating and prosecuting cases of corruption
• Social Harmony: provides a legal avenue for resolving disputes.
o E.g., Ayodhya Ram Janmabhoomi-Babri Masjid case a long-standing religious and land dispute
was settled

However, there are some Counter arguments too:


• Limited Accountability: self-regulation mechanisms may not be sufficient
• Appointment Process Challenges: opaque process of judicial appointments. E.g., The
controversy surrounding the National Judicial Appointments Commission (NJAC)
• Judicial Activism vs. Overreach: interfering excessively in the domain of the executive and
legislature.
o E.g., The Supreme Court's ban on firecrackers in Delhi

Way Forward:
• Judicial Appointments: Implement transparent and merit-based processes
• Judicial Training and Capacity Building: to enhance their competence and ethical standards.
• Ethics and Accountability: Strengthen codes of conduct and ethics for judges.
• Reducing Case Backlog: which can undermine public trust.
• Citizen Awareness: Promote civic education about the importance of an independent judiciary
• Media Responsibility: Encourage responsible reporting on judicial proceedings.

Conclusion:
A robustly independent judiciary not only safeguards democracy but also ensures justice, accountability,
and the protection of citizens' rights, making it a cornerstone of a prosperous and fair society.

2. Who are entitled to receive free legal aid under NALSA Act. Assess the role of the national legal Services
authority (NALSA) in rendering free legal aid in India.

Introduction:
Article 39A of the Indian Constitution obligates the State to provide free legal aid to ensure that all
citizens, regardless of economic or other limitations, have access to justice.

Categories entitled to free legal aid under the NALSA Act:


• Marginalized Communities: belonging to Scheduled Castes, Scheduled Tribes, and other
marginalized groups.
• Women and Children: facing domestic violence, sexual abuse, or crimes against them
• Persons with Disabilities: requiring legal support.
• Industrial workmen
• Person with tough times: such as being affected by a big disaster
• Individuals in custody
• Victims of Trafficking and Bonded Labor
• Income criteria: Individuals with an annual income less than the specified amount
• Prisoners: Inmates seeking assistance for legal issues during incarceration.

Role of NALSA in rendering free legal aid:


• Legal Aid Clinics: E.g., Local legal aid clinics providing free legal assistance to the underprivileged.
• Pro Bono Lawyers: E.g., Lawyers volunteering to represent indigent clients.
• Mobile Legal Services: through mobile vans in remote areas.
• Public Interest Litigation (PIL): to address systemic issues affecting marginalized communities
• Legal Literacy Programs: E.g., Teaching basic legal concepts to vulnerable groups.
• Awareness Programs: E.g., Workshops on women's rights and legal protections.

Limitations faced by NALSA:


• Resource Constraints: Insufficient budget to cover all eligible cases.
• Bureaucratic Delays: Lengthy paperwork
• Geographical Barriers: Lack of mobile legal services in some inaccessible regions.
• Awareness Gap: People not knowing how to access legal assistance.
• Capacity Issues: High demand for legal aid services surpassing available lawyers.

Conclusion:
Despite its limitations, NALSA plays a vital role in ensuring access to justice for marginalized communities
in India, and with increased resources and awareness, it can further enhance its impact and reinforce the
principles outlined in Articles 14 and 22(1) of Indian Constitution

3. Compare and contrast the British and Indian approaches to parliamentary sovereignty.

Introduction:
Parliamentary sovereignty, a foundational principle in democratic governance, takes on distinct forms in
the United Kingdom (UK) and India.
Similarities in the British and Indian approaches to parliamentary sovereignty:
• Parliamentary Supremacy: in making laws.
• Legislative Power: to make, change, or abolish laws.
• Democratic Representation: through regular elections to choose their representatives.
• Parliamentary Committees: crucial role in scrutinizing proposed legislation and government
actions.
• Bicameral Legislature: with a lower house (House of Commons in the UK and Lok Sabha in India)
and an upper house (House of Lords in the UK and Rajya Sabha in India).

Differences in the British and Indian approaches to parliamentary sovereignty:


Aspects British Approach Indian Approach
Origin and Evolved over centuries; historical events Post-independence; shaped by Indian
Historical Context like Magna Carta and Glorious Revolution struggle for independence
Constitutional unwritten constitution written constitution adopted in 1950
Foundation
Constitutional Factors like EU membership and Human Explicitly on fundamental rights
Limitations Rights Act
Amendment Through Ordinary legislation Rigid and Flexible both
Process
Unitary state with a single, sovereign Federal republic with a division of
Federalism powers
Parliament
(Seventh Schedule)
Role of Judicial Limited role in reviewing governmental Active role in reviewing constitutionality
Review actions of laws

Fundamental Few statutory protections Comprehensive fundamental rights


Rights Protection protection
Supreme Court no power to review parliamentary acts guardian of the Constitution's integrity
Authority for constitutionality.
Basic Structure Not applicable Recognized doctrine protecting
Doctrine core constitutional
features
Flexible separation of powers. The Distinct separation of
Separation of
Prime Minister, for example, is typically a powers The President, who represents
Powers
member of Parliament the executive, is not a member of
Parliament. (Articles 53 and 74)

Conclusion:
While both the British and Indian approaches acknowledge the concept of parliamentary sovereignty,
India's approach, with constitutional limitations and judicial review, provides a more balanced framework
that ensures the protection of fundamental rights and the Constitution's integrity.

4. The crucial aspect of development process has been the inadequate attention paid to Human
Resource Development in India. Suggest measures that can address this inadequacy. (10 Marks,
150 words)

Introduction:
India ranked 132 out of 191 countries on the Human Development Index 2021-22. Addressing the inadequacy
of Human Resource Development (HRD) in India is essential for the country's overall growth and development.

Significance of Human Resource Development:


• Educational disparities: in terms of rural-urban divide, male-female divide.
• Employability: Enhanced skills and education increase employability. E.g., 80% of engineers in India
are reportedly unemployable due to inadequate skills (National Employability Report).
• Social Development: Education and skill development empower individuals and improve overall living
standards;
• Lack of skill development: India has only 5.4% of total workforce who are skilled. As per Team
Lease report, India needs 30 million digitally skilled professionals by the year 2026.
• Innovation and Competitiveness: E.g., India ranks 48th in the Global Innovation Index
• Global Standing: Strong HRD raises a nation's global standing

Measures to Address Inadequacy in Human Resource Development:


• Quality Education Access: only 25% of Indian schools meet the minimum infrastructure
standards (NITI Aayog).
• Skills Training: Pradhan Mantri Kaushal Vikas Yojana, which has trained over 10 million
individuals as of 2021
• Teacher Development: Annual Status of Education Report found that 63% of teachers in rural
India lacked proper training.
• Digital Literacy: Digital India campaign has made strides in this area.
• Healthcare and Nutrition: Ayushman Bharat" to deliver quality healthcare services.
• Industry Collaboration: between industries and educational institutions to align education with
job market needs
• Research Funding: with initiatives like the "Study in India"

Conclusion:
Investing in Human Resource Development in India will not only empower individuals but also propel the
nation towards sustainable economic growth and global competitiveness.
5. Discuss the role of the Competition Commission of India in containing the abuse of dominant
position by the Multi-National Corporations in India. Refer to the recent decisions. (10 Marks, 150
words)
Introduction:
The Competition Commission of India (CCI), a statutory body established under the Competition Act, 2002,
is responsible for ensuring fair competition and preventing the abuse of dominant positions in the Indian
market.

Role of the Competition Commission of India in Containing the Abuse of Dominant Position by MNCs:
• Investigations and Enforcement: actions against entities that abuse their dominant positions in
the Indian market
o E.g., CCI fined Google in 2018 for unfair conditions on advertisers
• Policy Advocacy through Market Studies and Reports: to identify competition issues
• Reviewing Mergers and Acquisitions (M&A): to prevent harmful monopolies. E.g., It approved the Future
Retail and Reliance Retail deal in 2020 with conditions.
• Digital Space Oversight: Promoting fair competition and protecting consumer interests.
o E.g., CCI's scrutiny of WhatsApp's privacy policy
• Anti-Competitive Practices: such as predatory pricing, tying and bundling, refusal to deal, and
discriminatory pricing,
o E.g., Ongoing investigations into Amazon and Flipkart
• Awareness and Education: to report anti-competitive behavior, fostering a competitive culture.

Way Forward:
• Enhanced Digital Regulation: address emerging competition challenges effectively.
• Proactive Enforcement: to deter anti- competitive behavior.
• SME Support: from unfair practices by MNCs, fostering equitable competition.
• Global Collaboration: to address cross-border competition issues.
• Consumer Education: about their rights and the benefits of healthy competition in the Indian
market.

Conclusion:
The Competition Commission of India's proactive measures and enforcement actions are instrumental in
ensuring a competitive and fair marketplace that benefits both consumers and businesses, fostering economic
growth and innovation.

6. E-governance, as a critical tool of governance, has ushered in effectiveness, transparency and


accountability in the government. What inadequacies hamper the enhancement of these features.
Introduction:
E-governance is the use of digital technology to enhance government operations, promoting efficiency,
transparency, and accountability in public service delivery.

E-Governance Ushering as a critical tool of governance in Effectiveness in India:


• Improved Service Delivery: through online portals and mobile apps, reducing bureaucracy and
wait times.
o E.g.: Aadhaar, e-Passports, and tax filings through digital platforms.
• Digital Citizen Engagement: platforms such as MyGov India engage citizens in policy discussions
o E.g.: The "MyGov Corona Helpdesk"
• Effectiveness Through Digital Auditing: auditing and monitoring of government expenditures
and projects
o E.g.: Goods and Services Tax Network (GSTN)

E-Governance Ushering as a critical tool of governance in Transparency in India:


• Open Data Initiatives: making government data accessible to the public.
o E.g.: The COVID-19 dashboard provided real-time data
• Cashless Payments for Transparency: through digital payments like UPI, reducing cash-related
corruption.
o E.g.: BHIM app facilitates secure digital transactions.
• Online Public Procurement: facilitates transparency in public procurement
o E.g.: The Government e-Marketplace (GeM) platform

E-Governance Ushering as a critical tool of governance in Accountability in India:


• Real-time Monitoring for Accountability: E.g., PMAY portal tracks housing project progress.
• Aadhaar for Citizen Verification: reducing fraud. E.g., Aadhaar in welfare distribution enhances
accountability.
• Real-Time Financial Tracking: E.g., DBT integration with PFMS for direct subsidies.

The Inadequacies Hampering the Enhancement of These Features in India:


• Digital Divide, Cybersecurity Risks, Privacy Concerns, Digital Literacy Gaps, Infrastructure
Challenges, Bureaucratic Resistance

Conclusion:
A concerted effort to overcome challenges and embrace e-governance's potential can propel India
toward a more transparent, efficient, and accountable government, ultimately benefiting its citizens.

7. ‘Virus of conflict is affecting the functioning of Shanghai Cooperation Organisation.’ In the light of
the above statement point out the role of India in mitigating the problems. (10 Marks, 150 words)

Introduction:
In the realm of regional cooperation and stability in Asia, the Shanghai Cooperation Organisation (SCO) stands
as a critical bastion, yet its seamless functioning is often hindered by the looming shadow of conflict.

Virus of conflict is affecting the functioning of Shanghai Cooperation Organisation:


• Territorial Disputes: Ongoing border disputes between India and China
• Security Divergence: particularly in combating terrorism
• Economic Competition: trade imbalances among member nations
• Historical Frictions: unresolved issues contribute to internal conflicts.
• External Influences: further complicates the organization's functioning.
• Terrorism: Lack of agreement among Central Asian countries

India should Play a Role in Mitigating Those Conflicts due to:


• Regional Stability: in its immediate and extended neighborhood.
• Global Reputation: as a responsible and peace-seeking nation.
• Economic Benefits: more conducive environment for economic cooperation and trade
• Counterterrorism Efforts: a common threat in the SCO region
• Multilateral Diplomacy: builds trust among member states.

The Role of India in mitigating the problems:


• Diplomatic Mediation: to facilitate dialogue and resolution.
• Bilateral Relations: allowing for behind-the-scenes diplomacy and conflict de-escalation efforts.
• Counterterrorism Expertise: can be shared with other SCO nations
• Economic Cooperation: reducing potential sources of conflict.
• Cultural Exchanges: promote people-to-people exchanges
• Advocating Multilateralism: advocate for adherence to international norms and rules within the
SCO

Conclusion:
India's proactive role in mitigating conflicts within the Shanghai Cooperation Organisation (SCO) holds the
potential to strengthen regional cooperation and contribute to a more stable and prosperous Asia.

8. Indian diaspora has scaled new heights in the west. Describe its economic and political benefits for India

Introduction:
The Indian diaspora, which is one of the largest and most diverse in the world, has indeed made significant
contributions to the economic and political landscape of the West and, in turn, has brought several benefits
to India.

Indian Diaspora in the West Scaling New Heights:


• Population Impact: Over 4 million Indians in the U.S., enriching cultural diversity and economic vitality.
• Tech Leadership: Indian-origin leaders like Sundar Pichai and Satya Nadella at the helm of major Western tech
giants.
• Political Milestones: Kamala Harris's historic role as the first female Vice President of the United States.
Rishi Shaunak becoming the Prime Minister of UK.
• Economic Support: Record-breaking $83 billion remittances in 2020 bolstering Indian households and
economy.
• Cultural Promotion: Diwali and film festivals fostering cross-cultural understanding in the West.

Its economic benefits for India:


• Remittances Boost: supporting families and contributing to India's foreign exchange reserves
• Investment Inflows: tech firms like Google, Microsoft, and Adobe stimulate India's economic
growth.
• Technology Transfer: Indian immigrants received over 13% of U.S. patents.
• Knowledge Exchange: Over 5,000 Indian-origin faculty members in U.S. universities
• Trade Facilitation: bridge, aiding trade relations with the U.S., India's second-largest trading
partner.
Its political benefits for India:
• Diplomatic Influence: influencing policies such as the U.S.-India Civil Nuclear Agreement.
• Trade Agreements: E.g., the India-U.S. trade relationship has grown substantially, with total trade
surpassing $150 billion in 2019.
• Representation: enhances India's visibility and influence in global politics.
• Strategic Partnerships: security and regional influence. E.g., Quad has gained prominence

Conclusion:
The Indian diaspora's political contributions in the West have positioned India as a significant global player,
fostering diplomacy, trade, and cultural exchanges on a positive trajectory

9. The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a


constitution made for a progressive society.” Illustrate with special reference to the expanding
horizons of the right to life and personal liberty. (15, Marks, 250 words)

Introduction:

Enshrined in the Article 21 and the Preamble of the Indian Constitution, the expanding horizons of the
right to life and personal liberty illustrate the Constitution's enduring relevance in shaping a more
equitable and dynamic society.
The Constitution of India is a living instrument with capabilities of enormous dynamism:
• Right to Privacy Recognized: Supreme Court judgment (Justice K.S. Puttaswamy v. Union of India)
• Evolving Environmental Rights: MC Mehta v. Union of India, (1986) case, ensuring the right to a
clean environment.
• LGBTQ+ Rights Acknowledged: Navtej Singh Johar v. Union of India
• Digital Age Expression: Shreya Singhal v. Union of India case on freedom of speech online.
• Right to Die with Dignity: The Common Cause v. Union of India (2018) case
• Gender Equality Emphasized: Protection of Women from Domestic Violence Act (2005)

A Constitution for a Progressive Society:


• Right to Education Act: ensuring free and compulsory education for all children.
• Affirmative Action: reservation policies for disadvantaged groups aim to uplift marginalized
sections
• Gender Justice: Landmark judgments like Vishakha v. State of Rajasthan (1997)
• Anti-Discrimination Laws: Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989.
• Secularism: upheld by the courts in various cases
• Right to Information: Rajasthan High Court Bar Association v. Union of India

Way forward:
• Continued Legal Reform: for evolving personal liberties and rights, addressing emerging societal
challenges.
• Awareness and Education: fostering a more progressive and inclusive society.
• Protection of Vulnerable Groups: ensuring equitable access to justice.
• Technological Adaptation: protect personal liberties in the digital realm
• International Collaboration: to exchange best practices and ensure alignment with global
standards

Conclusion:
The Indian Constitution's dynamic evolution of the right to life and personal liberty reflects its enduring
commitment to fostering a more inclusive and progressive society.

10. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional
Provisions and case laws. (15 Marks 250 words)
Introduction:
Rooted in the foundational principles of equality and non-discrimination, and reinforced by constitutional
provisions such as Article 14, Gender Justice stands as an imperative in contemporary society, seeking to
rectify inequities and ensure equal opportunities for all genders.

The constitutional perspectives of gender justice:

Constitutional Case Laws


Constitutional Provisions
Perspective

Customary Article 13: Declares laws inconsistent


Practices with fundamental rights as void.

- State of West Bengal v. Anwar Ali Sarkar:


Article 14: Equality before the law and
Right to Equality Equality is a basic feature of the Constitution
equal protection of the law.

- Vishaka v. State of Rajasthan (1997):


Prohibition of Article 15: Prohibits discrimination on
Guidelines against sexual harassment at
Discrimination grounds of sex, among others.
workplaces
- Air India v. Nargesh Meerza: denial of
Equality in Article 16: Guarantees equality of employment opportunities to married women
Employment opportunity in public employment. with children violates their right to equality
under Article 16.
Right to Article 19: Guarantees freedom of
Freedom speech, assembly, and association.

Right to Life and Article 21: Ensures the right to life and
Personal Liberty personal liberty.

Directive - State of Kerala v. N.M. Thomas: Emphasized


Various DPSPs, E.g., Article 39(a) and
Principles of the significance of DPSPs in guiding
(d), call for equal pay for equal work
State Policy governance and policymaking for gender
and equal participation of women.
(DPSPs) justice.
- The Maternity Benefit Act, 1961: legislation
Article 42: Ensures just and humane
Maternity enforces maternity benefits
conditions of work for maternity
Benefits
relief.

Way Forward:
1. Policy Integration: to ensure holistic gender mainstreaming. E.g., Introducing Uniform Civil
Code.
2. Data Collection and Analysis: to monitor progress and identify areas needing improvement.
3. Community Engagement: to address gender issues at the grassroots level.
4. Economic Empowerment: through entrepreneurship, employment opportunities, and financial
inclusion.
5. Gender-Responsive Services: including healthcare, shelter and social support.
6. Global Collaboration: to share best practices, research, and resources

Conclusion:
Gender justice is a fundamental part of India's commitment to equality and justice, and although
constitutional provisions and important court decisions have brought about considerable progress, there
is ongoing work to achieve a society where gender justice is not merely a constitutional concept but an
everyday lived experience, promising a brighter future for all.

11. Account for the legal and political factors responsible for the reduced frequency of using Article
356 by the Union Governments since mid-1990s. (15 Marks, 250 words)

Introduction:
Article 356 of the Constitution, which empowers the Union Government to impose President's Rule in
states, has witnessed a notable decline in its invocation since the mid-1990s, marking a significant shift in
the country's political landscape.

Legal Factors responsible for the reduced frequency of using Article 356:
• Judicial Scrutiny: S.R. Bommai case has established clear guidelines for the use of Article 356
• Constitutional Amendments: The 44th Amendment Act and the 97th Amendment Act refined the
criteria for invoking Article 356
• Objective Material Requirement: to justify its use
• Preventive Federalism: reinforces the need for state autonomy, influencing judicial decisions and
discouraging misuse.

Political Factors responsible for the reduced frequency of using Article 356:
• Coalition Politics: fostered a cooperative approach
• Public Backlash: Instances like the dismissal of the Kalyan Singh government in Uttar Pradesh
• Federalism Enhancement: Sarkaria Commission's recommendations
• Economic Reforms Agenda: discouraging frequent dismissals and promoting cooperation
Way forward:
• Strengthen Constitutional Safeguards: against misuse of Article 356 to bolster federalism.
• Promote Inter-Governmental Dialogue: between the Union and state governments
• Public Awareness and Participation: to hold governments accountable.
• Judicial Oversight: to ensure that Article 356 is invoked only in exceptional circumstances
• Political Consensus Building: prioritize cooperative federalism

Conclusion:
In the context of India's democratic framework, the decline in the use of Article 356 underscores a notable
shift towards cooperative federalism and the upholding of constitutional values, promoting stability and
equitable governance.

12. Discuss the contribution of civil society groups for women’s effective and meaningful participation and
representation in state legislatures in India. (15 Marks, 250 words)

Introduction:
Civil society, comprising non-governmental organizations, grassroots movements, and civic associations, has
emerged as a dynamic force in India, driving forward the cause of gender equality by fostering women's
effective participation and representation in state legislatures.

Contribution of civil society groups for women’s participation and representation in state legislatures:
• Awareness and Advocacy: about gender disparities in political representation
• Monitoring Gender Representation: Through initiatives like the National Election Watch
• Legal Support and Awareness: Groups like the Lawyers Collective have provided legal aid to
women
• Research and Data Analysis: highlighting the gender gap in legislative bodies
• Promoting Women's Leadership: Self-Employed Women's Association (SEWA) have empowered
women from marginalized communities.
• Community Mobilization: National Alliance of Women (NAWO) through awareness campaigns
• Advocating for Gender Quotas: Women's Reservation Bill, pushing for 33% reservation of seats
for women
• Capacity Building Workshops: by NGOs like the Institute of Social Studies Trust (ISST)

Way Ahead:
• Continued Advocacy: to lobby for gender-sensitive policies and reforms.
• Strengthening Grassroots Movements: through education and mobilization
• Data-Driven Analysis: women's political participation to identify and address gaps and barriers.
• Engaging Youth: initiatives, like the 'Girls Count' campaign by Plan India
• International Cooperation: to share best practices and draw inspiration from successful models

Conclusion:
Civil society groups in India have been instrumental in empowering and enabling women's active and
influential roles in state legislatures, contributing to a more inclusive and equitable political landscape.

13. Explain the structure of the parliamentary committee system. How far the financial committees
helped in the institutionalization of Indian parliament? (15 Marks, 250 words)

Introduction:
Enshrined in Article 105 of the Indian Constitution, the parliamentary committee system serves as the
cornerstone of India's democratic governance, facilitating comprehensive scrutiny and oversight essential
for effective policymaking and administration.

Structure of the Parliamentary Committee System:

Type of Committee Purpose and Focus


Standing Committees Permanent committees focusing on various aspects of
governance.
Departmentally Related Standing Scrutinize specific ministries and their policies and
Committees (DRSCs) budgets.
House Standing Committees Deal with internal matters of each house of Parliament.

Joint Parliamentary Committees Formed for specific purposes requiring input from
both houses.
Ad Hoc Committees Temporary committees formed for specific tasks or issues.

Joint Parliamentary Committees Investigate specific bills or matters requiring detailed


examination.
Financial Committees Specialized committees related to government finances.

Committee on Public Accounts (COPA) Examine audit reports and ensure proper utilization of
government funds.
Committee on Estimates Scrutinize budget estimates and suggest economies
and improvements.
Committee on Public Undertakings (COPU) Evaluate the performance of government-owned
enterprises.
Other Special Committees Committees constituted for specific purposes or issues.
Select or Nominated Committees Created for tasks like reviewing bills.
Procedure Committees Oversight of rules and procedures governing Parliament.
Parliamentary Research Service (PRS) Provides research support to MPs and committees.

Role of Financial Committees in Institutionalizing Indian Parliament:


• Enhancing Fiscal Accountability: scrutinize government expenditure E.g., COPA's examination
of the 2G spectrum
• Improving Budgetary Planning: analyzes budget proposals, offering recommendations.
• Elevating Transparency: provide insights into complex financial transactions, enhancing public
trust. E.g., COPA's observations on the Rafale fighter jet deal,
• Ensuring Financial Discipline: Financial committees hold authorities accountable for fiscal prudence.
o E.g., COPA's review of the Defense Ministry's capital acquisition process, which led to
recommendations for streamlined procurement.

Limitations of the Parliamentary Committee System:


• Lack of Binding Authority
• Resource Constraints: lack sufficient resources, expertise, and time
• Political Influence: lead to partisan decision-making
• Secrecy and Confidentiality: reducing transparency and public awareness.

Way Forward:
• Strengthening Oversight Mechanisms: Enhance authority and implementation of
recommendations
• Capacity Building: Invest in training and resources
• Cross-Party Collaboration: Promote bipartisan cooperation
• Increased Transparency: greater disclosure of committee proceedings and reports
• Digital Transformation: Leverage technology for data analysis, communication, and
public engagement

Conclusion:
The Indian parliamentary committee system has significantly contributed to the robust institutionalization of
the Indian Parliament by fostering transparency, accountability, and efficient financial governance.
14. ‘The expansion and strengthening of NATO and a stronger US-Europe strategic partnership works
well for India.’ What is your opinion about this statement? Give reasons and examples to support
your answer

Introduction: The evolving dynamics of international geopolitics have witnessed significant


developments in the recent years, such as the expansion and strengthening of NATO and a revitalized US-
Europe strategic partnership.

Strengthened NATO and US-Europe strategic partnership works well for India:

Aspect Reason Example


Promotes security and reduces global NATO's presence in the Balkans helped
Enhanced Security
instability. stabilize the region.
Counterterrorism NATO's strength aids global NATO played a role in the fight against
Cooperation counterterrorism efforts. terrorism in Afghanistan.
Balanced Global A stronger US-Europe partnership helps A balanced global order prevents dominance by
Power balance global power. any single power.
Economic Closer ties between the US and Europe Economic stability supports India's growth and
Opportunities promote economic stability. development.
A reinforced US-Europe Cooperation with Western powers influences
Diplomatic Support
partnership provides diplomatic regional dynamics.
support.

Strengthened NATO and US-Europe strategic partnership Does not work well for India:

Aspect Reason Example


Geopolitical Close Western ties may strain relations with Russia Increased Western alignment can lead to
Sensitivities and China. tensions.
Sovereignty India values autonomy and may hesitate to align too Aligning too closely may compromise
Concerns closely. India's independence.
Historical India's ties with Russia may be strained by a stronger Increased Western alignment could strain
Alliances NATO. India-Russia relations.
Regional Western approaches may not align with India's Western-centric strategies may not fit
Complexities regional interests. India's regional needs.
Security Risks NATO presence near India's borders may trigger Heightened NATO activities may pose
security concerns. security risks.
Way Forward:
• Diplomatic Engagement: to address concerns and build consensus on security issues.
• Balanced Alliances: by preserving existing partnerships while exploring new ones.
• Regional Cooperation: to address specific security challenges in South Asia.
• Adaptive Strategy: to align with evolving global dynamics and interests.
• Economic Resilience: to mitigate potential global economic fluctuations.

Conclusion:
The expansion and strengthening of NATO, along with a stronger US-Europe strategic partnership, hold the potential
to enhance global stability and security, which can benefit India's interests in a multipolar world.

15. ‘Sea is an important Component of the Cosmos’. Discuss in light of the above statement the
role of IMO (International maritime organization) in protecting environment and enhanced
maritime security.

Introduction:
The International Maritime Organization (IMO) is a specialized agency of the United Nations to regulate
and standardize global shipping practices, promoting safety, environmental protection, and security in the
world's oceans.

Role of the IMO in Protecting the Environment:


• Regulating Ship Emissions: to reduce air emissions E.g., adoption of low-sulfur fuel requirements
• Preventing Marine Pollution: addresses oil spills, sewage discharges, and hazardous substances
• Managing Ballast Water: combats the spread of invasive species E.g., preventing spread of zebra
mussel in the Great Lakes.
• Preserving Biodiversity: by minimizing the release of harmful substances and waste materials
into the oceans. E.g., preventing the Great Barrier Reef damage from ship pollution
• Mitigating Climate Change: to reduce greenhouse gas emissions from the shipping industry E.g.,
IMO Strategy aims to reduce greenhouse gas emissions by at least 50% by 2050 compared to
2008 levels
Role of the IMO in Enhanced Maritime Security:
• Piracy and Armed Robbery Prevention: collaborates with nations to develop the ISPS Code
• Search and Rescue (SAR) Coordination: saving lives during maritime emergencies.
• Security of Ports and Vessels: establishes security standards
• Cybersecurity Measures: to safeguard maritime digital infrastructure.
• Capacity Building and Training: to manage maritime security effectively E.g., Technical
Cooperation Program

Limitations:
• Varied Enforcement: leading to uneven compliance.
• Bureaucratic Processes: slow response times to evolving challenges.
• Resource Constraints: Limited funding and resources
• Non-Compliance: Some nations may choose not to ratify or fully adhere to IMO conventions
• Industry Influence: Lobbying from powerful maritime industries

Conclusion:
With proactive reforms and international collaboration, the IMO can continue to be a beacon of progress,
safeguarding our oceans and ensuring a secure and sustainable maritime future.
2024

Q1. Examine the need for electoral reforms as suggested by various committees with particular reference to "one
nation-one election” principle.
Answer:
The "One Nation, One Election" concept, recently endorsed by the Ram Nath Kovind Committee, advocates
simultaneous elections for the Lok Sabha and state assemblies. This reform aims to reduce election-related expenditure,
streamline governance, and foster political stability by synchronising electoral cycles across the country.
Need for Electoral Reforms
1. Strengthening Electoral Participation E.g., The Goswami Committee on Electoral Reforms
2. Addressing Political Corruption: E.g., The Vohra Committee Report
3. Curbing Electoral Expenditure: E.g., The 2nd ARC emphasised the need to curb spiralling electoral expenses
4. Improving Election Integrity: E.g., The ECI and the Law Commission have advocated for reforms
5. Ensuring Inclusivity in Voting: E.g., The National Commission to Review the Working of the Constitution
(NCRWC)
6. Increase in GDP: E.g., 1.5% points higher in the immediate next year. (Kovind Committee report)
7. Rise in Government Expenditure: E.g., government expenditure rises by 17.67% post simultaneous elections
8. Impact on Investments: create uncertainty for investors, hampering long-term investments
9. Cost Efficiency: E.g., ECI spends over Rs 4,500 crore on conducting elections for the LS and SA.
10. Enhanced Governance and Administration: frequent enforcement of the MCC disrupts governance
11. Reduced Influence of Money in Politics: E.g., estimated expenditure for 2024 elections is Rs 1.35 lakh crore.
12. Mitigation of Divisive Politics: shift the focus from regional, and communal politics to broader national issues
By fostering national unity and streamlining elections, this vision aligns with India's goal of inclusive, sustainable, and
progressive development.

Q2. Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as
criminal cases?
Answer:
Both Lok Adalats and Arbitration Tribunals are alternative dispute resolution (ADR) mechanisms aimed at resolving
disputes outside of the traditional court system.
Distinction between Lok Adalats and Arbitration Tribunals
Aspect Lok Adalats Arbitration Tribunals

Nature of Disputes Deal primarily with minor civil, family, and Primarily resolve commercial, contractual, and
petty criminal cases. corporate disputes. E.g., Vodafone tax case
E.g., land disputes and matrimonial cases.

Legal Basis Governed by the Legal Services Authorities Act, Governed by the Arbitration and Conciliation
1987 Act, 1996.
Voluntary Nature Participation is voluntary, and both parties Participation is based on an agreement or
must agree to resolve disputes here. contract between the disputing parties.

Appointment of Chaired by a judicial officer, usually a retired Arbitrators are chosen by the parties involved.
Judges/Arbitrators judge or sitting magistrate.

Cost Efficiency No court fees are required, making it cost- Involves fees for arbitrators and legal
effective. representation, making it more expensive.
Appeal Process No appeal can be made once a settlement is Awards can be challenged under certain
reached. conditions, especially on grounds of bias

Civil and Criminal Case Jurisdiction


• Lok Adalats: Mainly cater to civil matters and minor criminal cases (compoundable offences). E.g., cheque bounce or
motor accident claims
• Arbitration Tribunals: Focuses strictly on civil matters, especially commercial disputes. E.g., Ambani family dispute
over assets and contracts
While Lok Adalats ensure accessible justice for all, Arbitration Tribunals focus on complex commercial disputes. Both
systems aim to reduce the punitive burden of formal courts.
Q3. "The growth of the cabinet system has practically resulted in the marginalisation of parliamentary supremacy"
Elucidate.
Answer:
The growth of the cabinet system in India has significantly shifted power from Parliament to the temporary executive,
often raising concerns about the erosion of parliamentary supremacy. E.g., 2020 Farm Laws
Growth of the Cabinet System and Marginalisation of Parliamentary Supremacy
1. Concentration of Power: undermining the principle of collective responsibility (Article 75) E.g., 2015 Land
Acquisition Ordinance bypassed Parliament
2. Reduced Legislative Debate: E.g., The National Dental Commission Act, 2023 passed with minimal debate
3. Executive Control Over Legislation: For instance: Since 1952, only 14 private member's bills have become laws.
4. Frequent Bypassing of Committees: E.g., The Citizenship Amendment Bill, 2019, bypassed the standing
committee
5. Ordinance Raj: E.g., GNCTD Amendment Ordinance, 2023
6. Reduced Parliamentary Sittings: E.g., In 2020, Parliament sat for only 33 days
7. Budgetary Control: For instance: The 2024 interim budget saw large allocations passed with minimal scrutiny
Role of Parliament Remains Significant
1. Legislative Function: E.g., The RTI (2005) and GST (2017) were passed after extensive parliamentary debate
2. Budget Approval: E.g., The Parliamentary Budget Committee regularly reviews spending proposals
3. Question Hour: E.g., The Pegasus spyware scandal was raised during Question Hour
4. Parliamentary Committees: E.g., The Consumer Protection Bill, 2019 duly reviewed by the standing committee
5. Impeachment Powers: E.g., The impeachment motion against Justice Soumitra Sen in 2011
6. No Confidence Motion: E.g., The 2018 No Confidence Motion against the Union government
7. Oversight of Foreign Policy: E.g., The India-China border dispute in 2020 was widely debated in Parliament
While the cabinet's role has expanded, a strong and active Parliament remains essential for maintaining democratic
accountability and balance in governance, ensuring India’s democratic future is preserved.

Q4. "The duty of the Comptroller and Auditor General is not merely to ensure the legality of expenditure but also its
propriety." Comment.
Answer
The Comptroller and Auditor General (CAG) of India's mandate, under Article 148 of the Constitution extends beyond
merely ensuring the legality of government expenditure to also examining its propriety.
Ensuring Legality of Expenditure
1. Constitutional and Statutory Mandate: to audit expenditures from the CFI, Article 266.
2. Audit Reports: E.g., The CAG’s audit of the MGNREGA
3. Compliance with Laws and Regulations: For instance: The CAG audit of GST compliance in various govt.
departments
4. Financial Oversight: E.g., The CAG’s audit of the Commonwealth Games (2010)
5. Ensuring Public Accountability: E.g., The CAG’s findings in the 2G spectrum case
Ensuring Propriety of Expenditure
1. Value for Money Audits: E.g., The audit of the Clean Ganga Mission
2. Ethical Standards: E.g., The CAG’s audit of discretionary spending by Ministers
3. Transparency in Spending: E.g., The CAG’s audit findings related to Delhi Metro Rail Corporation were published
4. Advisory Role: E.g., The CAG’s recommendations to the Railway Board on fare pricing.
5. Safeguarding Public Interest: E.g., The CAG’s audit of Air India identified financial mismanagement
6. International Standards: The CAG adheres to International Standards of Supreme Audit Institutions (INTOSAI),
As Dr. B.R. Ambedkar stated, "The CAG is the most important officer under the Constitution of India," safeguarding public
resources through legal scrutiny and ethical audits.

Q5. Analyse the role of local bodies in providing good governance at local level and bring out the pros and cons of
merging the rural local bodies with the urban local bodies.
Answer
Local bodies form the backbone of decentralised governance in India, empowered by the 73rd and 74th Constitutional
Amendments, which introduced Articles 243 to 243Z. Recently, in 2022, the Supreme Court emphasised the importance
of strengthening local bodies by mandating timely elections in states like Maharashtra.
Role of Local Bodies in Providing Good Governance at the Local Level
1. Decentralised Decision-Making: E.g., Gram Panchayats in Maharashtra managed Jalyukt Shivar Abhiyan
2. Enhanced Community Engagement: E.g., Ward Committees in Bengaluru and Gram Sabhas in Kerala
3. Accountability and Transparency Improvements: E.g., Social audits in MGNREGA
4. Local Economic Initiatives: E.g., Under the NULM , municipalities in Gujarat have promoted micro-enterprises
5. Inclusion of Marginalised Sections: E.g., Elected women representatives constitute 45.6%of total PRI
6. Resource Management Effectiveness: E.g., Local bodies in Rajasthan have successfully managed water
resources
7. Service Delivery Localization: services like health and education at the local level.
Pros of Merging Rural Local Bodies with Urban Local Bodies
1. Integrated Development Strategy: helps balance infrastructure development
2. Administrative Cost Reduction: streamlining decision-making and resource management.
3. Resource Allocation Equity: ensuring rural areas receive adequate funding for essential services.
4. Disparity Reduction: such as sanitation and water supply
5. Governance Simplification: reduces bureaucratic hurdles E.g., single-window clearance systems
6. Service Efficiency Enhancement: By pooling resources and expertise
Cons of Merging Rural Local Bodies with Urban Local Bodies
1. Local Needs Overlook: such as farming and irrigation.
2. Management Complexity Increase: difficult to address the distinct needs of urban and rural populations
3. Political Representation Issues: with urban areas receiving more attention.
4. Skewed Resource Distribution: may further perpetuate inequality.
5. Identity and Heritage Erosion: loss of traditional practices and local heritage.
6. Implementation Difficulties: in terms of land use and zoning laws
The local body is the lowest tier of governance, but by no means the least. Merging the rural and urban local bodies
could streamline governance and foster uniform development

Q6. Public charitable trusts have the potential to make India's development more inclusive as they relate to certain
vital public issues. Comment.
Answer
Public charitable trusts operate under legal frameworks such as the Indian Trusts Act, 1882, focusing on philanthropic
initiatives aimed at education, healthcare, and social justice. E.g., SEWA Trust, Tata Trusts etc.
Role of Public Charitable Trusts in Inclusive Development
1. Educational Enhancements: E.g., The Azim Premji Foundation focuses on rural education
2. Healthcare Accessibility: E.g., Tata Trusts supports health initiatives like cancer care hospitals
3. Skill Development: E.g., The SEWA Trust enhances women's empowerment
4. Legal Assistance and Advocacy: E.g., Bachpan Bachao Andolan offers legal aid to children
5. Environmental Conservation Efforts: E.g., The Bombay Natural History Society (BNHS) leads biodiversity
preservation
6. Local Community Development: in line with SDGs and government schemes like Swachh Bharat Abhiyan.
Limitations of Public Charitable Trusts in Addressing Public Issues
1. Funding Inconsistencies: rely on fluctuating donor contributions
2. Complex Regulatory Environment: Diverse and cumbersome regulations
3. Transparency and Accountability Concerns
4. Impact Measurement Challenges: lack of standardised evaluation tools
5. Redundancy and Overlap: need for coordination under a unified platform such as NITI Aayog's NGO Darpan.
6. Political and Corporate Nexus
Way Ahead for Enhancing the Role of Public Charitable Trusts
1. Implementing the Law Commission's recommendations for simplified compliance
2. Regular Updates to Audit Techniques
3. Government and Private Sector Collaboration
4. Standardised Impact Assessments: E.g., Social Return on Investment (SROI) frameworks
5. Innovative Funding Models: E.g., Social impact bonds
6. Community-Driven Project Design: E.g., Participatory Rural Appraisal (PRA) model
Public charitable trusts are uniquely positioned to fill gaps in public service delivery, particularly in areas where state
initiatives may fall short.

Q7. Poverty and malnutrition create a vicious cycle, adversely affecting human capital formation. What steps can be
taken to break the cycle?
Answer
India is ranked 111th out of 125 countries in the 2023 Global Hunger Index, reflecting significant nutritional deficiencies.
How Poverty and Malnutrition create a Vicious Cycle Adversely affecting Human Capital Formation:
1. Economic Barriers to Nutrition: E.g., As per FAO, 690mn people go to bed hungry due to economic disparities
2. Developmental Impacts of Malnutrition: impairs both physical and cognitive development
3. Healthcare Costs of Malnutrition: increases the risk of contracting diseases like tuberculosis
4. Educational Limitations: thereby limiting future employment opportunities
5. Productivity Loss and Economic Growth: 2-3% of its GDP due to undernutrition (World Bank Report)
6. Social Exclusion and Mobility: more pronounced in marginalised groups
Steps to Break the Cycle
1. National Nutrition Strategies: Strengthen Poshan Abhiyan
2. Enhanced Public Distribution System
3. Mid-Day Meal Program Enhancement: fills hidden hunger gaps
4. Empowerment through Education and Employment: E.g., Kerala’s Kudumbashree program
5. Public-Private Partnerships: E.g., The Amul model integrates 3.6 million small dairy farmers into cooperatives
6. Community Nutrition Education: E.g., Brazil’s Fome Zero (Zero Hunger) program
To tackle poverty and malnutrition, a multifaceted approach is essential, combining immediate nutritional support and
long-term socio-economic reforms. Aligning with SDG 2 (Zero Hunger) and SDG 3 (Good Health)

Q8. The Doctrine of Democratic Governance makes it necessary that the public perception of the integrity and
commitment of civil servants becomes absolutely positive. Discuss.
Answer
Article 311 of the Indian Constitution ensures civil servants protection, underscoring the significance of their role in
upholding the trust and accountability necessary for effective administration.
Components of Democratic Governance:
1. Participation, Representation, Fair Conduct of Elections
2. Responsiveness: in a timely and appropriate manner
3. Efficiency and Effectiveness: minimising resource wastage while
4. Openness and Transparency: enabling citizens to scrutinise actions and promoting trust
5. Rule of Law: grounded in clear, fair, and consistently enforced laws
6. Ethical Conduct: ensuring a moral framework for governance.
7. Competence and Capacity: Well-trained, skilled, and knowledgeable personnel
8. Innovation and Openness to Change: ensures that governance remains dynamic and relevant
9. Sustainability and Long-Term Orientation: ensures economic, social, and environmental needs are met
10. Sound Financial Management: Management of public resources with financial prudence
DDG making Public Perception positive about integrity and commitment of civil servants:
1. Trust and Governance: E.g., The Election Commission's perceived neutrality
2. Compliance and Law Enforcement: E.g., During the COVID-19 pandemic, public trust in the guidelines
3. Cooperative Public Policy Implementation: E.g., The success of the Swachh Bharat Abhiyan
4. Corruption Deterrence: For instance: The 2nd ARC emphasised the importance of civil service integrity
5. Public Interest and Service: E.g., Dr. A.P.J. Abdul Kalam's contributions at DRDO and ISRO
6. International Diplomatic and Economic Relations: For instance: India's rank in the World Bank's Doing Business
Report (DBR) improved from 142nd in 2014 to 63rd in 2019
As emphasised in Kautilya's Saptanga Theory, the Amatya (civil servants) play a crucial role in state governance. A positive
public perception of civil servants is vital for effective democratic governance.
Q9. The West is fostering India as an alternative to reduce dependence on China's supply chain and as a strategic ally
to counter China's political and economic dominance. Explain this statement with examples.
Answer
In an ongoing polarisation around the world and amidst rising geopolitical tensions, the West is increasingly seeking to
reduce its dependence on China’s supply chain. Recent initiatives such as IPEFunderscore this shift.
Ways in which the West is Fostering India as an Alternative to Reduce Dependence on China’s Supply Chain
1. Supply Chain Diversification: E.g., Apple's decision to manufacture iPhones in India
2. Strategic Trade Agreements: By establishing trade and technology councils (TTC) E.g., The India-EU TTC
3. Resilient Supply Chains: working with India through multilateral initiatives like the Quad
4. Infrastructure Development: E.g., The Build Back Better World (B3W) initiative
5. Technological Collaboration: E.g., The US-India Initiative on Critical and Emerging Technology (iCET)
Ways in which the West is Fostering India as a Strategic Ally to Counter China’s Political and Economic Dominance
Political Dominance:
1. Indo-Pacific Strategy: E.g., The Quad naval exercises, such as Malabar
2. Defence Cooperation: E.g., The US-India Defense Technology and Trade Initiative (DTTI)
3. Diplomatic Engagement: E.g., India’s presidency of the G20 in 2023
4. Space Cooperation: E.g., NISAR, a joint Earth-observation mission by NASA and ISRO
Economic Dominance:
1. Trade Diversification: E.g., US-India bilateral trade reached a record $128 billion in 2023
2. Investment in Technology: like AI, 5G, and clean energy
3. Collaboration in Energy: E.g., India’s participation in the International Solar Alliance (ISA)
4. Multilateral Trade Engagement: E.g., India’s engagement in the Indo-Pacific Economic Framework (IPEF)
As former US President Barack Obama once said, “India is not just a rising power; India is a responsible global power,”
signalling a shared vision for a more stable, multipolar world.

Q10. Critically analyse India's evolving diplomatic, economic and strategic relations with the Central Asian Republics
(CARs) highlighting their increasing significance in regional and global geopolitics.
Answer
India's evolving relations with the Central Asian Republics (CARs) have gained prominence due to their strategic
importance in regional security, energy resources, and connectivity projects.
Diplomatic Relations
1. Strategic Partnerships: E.g., India’s military base in Tajikistan
2. Cultural Diplomacy: cultural exchange programs, educational initiatives, and people-to-people ties.
3. Regional Cooperation: E.g., India’s participation in SCO-RATS allows it to collaborate on anti-terrorism
Economic Relations
1. Energy Security: providing opportunities to diversify natural gas, oil, and uranium sources.
2. Trade and Investment: E.g., India's trade with Central Asia is currently around $2 billion per year
3. Connectivity Projects: infrastructure projects like the INSTC
Strategic Relations
1. Afghanistan Factor: crucial to India's security strategy
2. Counterbalancing China: offering alternatives through development projects, defence cooperation
3. Defence Cooperation: through joint military exercises, training programs, and defence equipment support.
Challenges in India-CAR Relations
1. Limited Connectivity: dependent on infrastructure projects like Chabahar Port and INSTC
2. Terrorism and Instability: E.g., Terrorist networks linked to ISIS and Al-Qaeda
3. Economic Barriers: E.g., Trade between India and CARs remains modest
4. Energy Competition: from China and Russia for securing long-term access to CAR energy resources
5. Political Uncertainty: E.g., The political unrest in Kazakhstan in 2022
Way Ahead
1. Strategic Energy Partnerships: E.g., Faster completion of TAPI pipeline
2. Enhancing Cultural Diplomacy: E.g., Establishing more Indian Cultural Centers in major CAR cities
3. Expanding Defence Cooperation: conducting more joint exercises
4. Multilateral Engagement: active role in regional forums like the SCO
As India's present Prime Minister stated, "Central Asia is at the heart of India's vision of an integrated and stable
extended neighbourhood” underscoring India's vision for deeper integration with Central Asia.
Q11. What are the aims and objectives of recently passed and enforced, The Public Examination (Prevention of Unfair
Means) Act, 2024. Whether University/State Education Board examinations, too, are covered under the Act?
Answer
The Public Examination (Prevention of Unfair Means) Act, 2024, was introduced to uphold the integrity of public
examinations amids rising instances of cheating, with recent reports indicating that India registered at least 4 paper leak
cases in 2024 alone.
Aims and Objectives of The Public Examination (Prevention of Unfair Means) Act, 2024
1. Preserve Academic Integrity: E.g., offences under this Act, shall be cognizable & non-bailable
2. Standardise Examination Protocols: ensuring consistency across various educational
3. Legal Framework for Action: to penalise the use of unfair means
4. Promote Transparency and Fairness: E.g., Provisions for random invigilation and spot checks
5. Empower Authorities: to take decisive actions against offenders and enforce preventive measures.
6. Educational Outreach and Awareness: among students and educators about the legal consequences
The Act does not explicitly prescribe coverage for University or State Education Board Examinations. However, the Act
includes “public examinations” conducted by a “public examination authority” listed in the schedule.
• Public Examination: conducted by the authority as specified in the Schedule

By covering both university and state board exams, it aligns with India’s vision of transforming its education system into
one that fosters merit and accountability, setting a global benchmark for exam integrity.

Q12. Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the
constitution. Explain. In this reference, discuss the law relating to D.N.A. testing of a child in the womb to establish
its paternity.
Answer
The right to privacy gained significant attention after the landmark Puttaswamy judgement in 2017, where the Supreme
Court of India declared privacy as a fundamental right under Article 21.
Right to Privacy as Intrinsic to Life and Personal Liberty under Article 21:
1. Interconnected with Other Fundamental Rights: such as freedom of speech and expression (Article 19)
2. Protection of Individual Autonomy: family life, reproductive choices, and personal information.
3. Preventing Arbitrary State Action: such as mass surveillance, unlawful data collection, or invasions
4. Constitutional Protection: Supreme Court of India, in its Puttaswamy v. Union of India
5. Reproductive Autonomy: personal privacy and control over intimate matters.
6. Evolution of Privacy in the Digital Age: protection of personal data and digital information.
Law Relating to DNA Testing of Child in the Womb to Establish Paternity
1. Section 112 of Indian Evidence Act: presumes that a child born within a marriage is legitimate
2. DNA Technology (Use and Application) Regulation Bill, 2019: for legal and forensic purposes
3. Constitutional Security: must comply with constitutional protections under Article 21
4. Preservation of Family Privacy: preventing undue interference in family matters.
5. Consent Requirement: ensuring respect for personal liberty
Conflict Between Right to Privacy and DNA Testing in Paternity Cases
1. Personal Liberty vs. Truth: E.g., The Rohit Shekhar vs. The Narayan Dutt Tiwari case
2. Family Privacy: potentially disrupting existing family relationships and creating public exposure
3. Right to Know Parentage: The child’s right to know their parent can clash with the parent’s right to privacy
4. Judicial Oversight: E.g., Courts have rejected DNA tests when privacy concerns outweigh the legal necessity
Balancing Right to Privacy with Other Interests
1. Judicial Scrutiny: Courts must evaluate the necessity of DNA tests on a case-by-case basis
2. Respect for Dignity: of all parties, especially the mother, is preserved.
3. Alternative Dispute Resolution: in family disputes
As Kerala High Court held, “Privacy is the ultimate expression of the sanctity of the individual.” This vision urges the
creation of ethical and legal frameworks that uphold both privacy and the right to truth.

Q13. What changes has the Union Government recently introduced in the domain of Centre-State relations? Suggest
measures to be adopted to build the trust between the Centre and the States and for strengthening federalism.
Answer
The Centre-State relations in India have undergone significant changes, in recent years, especially with the rise of
debates around cooperative federalism and fiscal devolution.
Recent Changes Introduced by the Union Government (Centre-State Relations)
1. 15th Finance Commission’s Recommendations: reducing the states' share in taxes from 42% to 41%
2. Introduction of GST: has led to financial stress for states, straining federal relations.
3. Farm Laws and Agriculture: The farm laws passed by the Centre, despite agriculture being a state subject
4. Establishment of NITI Aayog: some states feel that decision-making is still too centralised in certain areas.
5. Increase in Centrally Sponsored Schemes: has reduced financial autonomy of states E.g., PMAY
6. Implementation of the DBT Scheme: has reduced state control over social welfare programs
7. One Nation, One Election Proposal: several states arguing that this undermines the federal structure.
Measures to Build Trust and Strengthen Federalism
1. Strengthening the Inter-State Council: For instance: The Sarkaria Commission recommendations
2. Timely GST Compensation: ensures fiscal stability and trust
3. More Autonomy in Centrally Sponsored Schemes: empower to tailor schemes according to local needs
4. Cooperative Federalism through NITI Aayog: ensure shared ownership of national development goals.
5. Resolving Disputes through Consensus: Adopting a collaborative and consensus-based approach
6. Constitutional Clarity on State Subjects
7. Fiscal Empowerment of States: Revisiting the recommendations of the 15th Finance Commission
8. Collaborative Policy Formulation: would build a sense of ownership and cooperation
As Dr. B.R. Ambedkar emphasised, "Federalism is not a matter of administrative convenience but one of political
necessity."

Q14. Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme
Court emerged as the world's most powerful judiciary?
Answer
Public Interest Litigation (PIL) has fundamentally reshaped the judicial system in India by empowering courts to
champion the rights of marginalised communities.
Reasons for the Growth of Public Interest Litigation in India
1. Judicial Activism: particularly under Chief Justice P.N. Bhagwati, expanded locus standi
2. Protection of Marginalised Groups: E.g., The Bandhua Mukti Morcha vs. UoI
3. Simplified Access to Justice: PILs have enabled NGOs and activists to represent marginalised groups
4. Media Influence: E.g., The Narmada Bachao Andolan case (2000) garnered massive media attention
5. Legal Aid Movements: and the provision of free legal services
6. Judicial Response to Executive Inaction: E.g., In the Vishaka vs. State of Rajasthan (1997) case
7. Technological Advancements: has enabled citizens to file PILs with greater ease
Supreme Court emerging as the World’s Most Powerful Judiciary:
1. Expansive Interpretation of Rights: E.g., Article 21 In the MC Mehta vs. UoI
2. Intervention in Governance: often ventured into policy making
3. Scope of Judicial Review: allow it to examine the constitutionality of legislative and executive actions
4. Decentralised Judicial Powers: The Supreme Court exercises original, appellate, and advisory jurisdiction
5. Global Recognition: E.g., The decriminalisation of homosexuality (2018) was lauded internationally
How Public Interest Litigation in India can be made more effective:
1. Stricter Admissibility Criteria: to filter out frivolous cases
2. Specialised Benches: for handling specific issues like environment, health, and education
3. Enhanced Legal Framework: to reduce the ambiguity and prevent their misuse.
4. Encouraging Self-Regulation: For instance: The American Bar Association’s Model Rules
5. Public Awareness and Participation: ensuring responsible judicial engagement.
As Justice P.N. Bhagwati noted, the judiciary must become the "last resort for the oppressed and the bewildered."

Q15. Discuss India as a secular state and compare it with the secular principles of the US Constitution.
Answer
Secularism is fundamental to modern democratic governance, guaranteeing the separation of religion
from the state.
India as a Secular State
1. Constitutional Guarantee: E.g., Articles 25-28 of the Indian Constitution
2. Pluralistic Society: embracing diverse religious communities
3. Personal Laws: allowing separate personal laws based on religious customs
4. Judicial protection: balancing secularism and personal faith. E.g., The Shah Bano case
5. Secular Policies: E.g., The Midday Meal Scheme (1995) and Sarva Shiksha Abhiyan (2001)
Similarities with the US Secular Principles
1. Constitutional Enshrinement and Political Neutrality: E.g., The First Amendment in the US
2. Freedom of Religion: through constitutional safeguards
3. Judiciary’s Role: resolving conflicts between religion and constitutional principles.
4. Protection Against Discrimination: ensuring equal rights irrespective of religious beliefs.

Differences with the US Secular Principles


Aspect India United States

Explicit Mention of Through the 42nd Amendment (1976). Implied through the First Amendment, but the
Secularism not explicitly mentioned.
Separation of State and India practices a more flexible model Strict separation of church and state,
Religion
Religious Symbols in Commonly seen in public institutions Restriction in public and government
Public establishments.

Can be included in under specific Prohibits in public schools and ensures the
Religious Education
circumstances. secular nature of public education.
Religion has a strong influence on politics The US enforces a more rigorous separation
Political Influence
and elections

As Sarva Dharma Bhava emphasises, "equal respect for all religions" is key to maintaining harmony.

Q16. The Citizens' charter has been a landmark initiative in ensuring citizen-centric administration. But it is yet to
reach its full potential. Identify the factors hindering the realisation of its promise and suggest measures to overcome
them.
Answer:
The Citizen's Charter is a formal document that delineates the services and standards an organisation pledges to provide
to its citizens.
Citizens' charter as a landmark initiative in ensuring citizen-centric administration
1. Quality of Service: E.g., Indian Railways’ commitment to timely train services and clean facilities
2. Transparency: E.g., The Passport Seva Project provides detailed information on passport processing
3. Accessibility: E.g., The Income Tax Department’s introduction of online services
4. Promptness and Timeliness: E.g., The 'Tatkal' booking system by Indian Railways
5. Redress of Grievances: E.g., Consumer Courts in India
6. Feedback Mechanism: E.g., The MyGov.in platform
Factors Hindering the Realisation of its Promise
1. Lack of Awareness: hindering its effectiveness in promoting accountability.
2. Inadequate Implementation: Complaints regarding delays in the delivery of driving licences
3. Lack of Enforceability: The absence of legal backing
4. Ineffective Grievance Redressal: Public Grievance Portal (CPGRAMS) has numerous long-pending cases
5. Resource Constraints: For instance: Rural healthcare
6. Lack of Regular Updates: E.g., Many government department websites contain outdated contact details
Measures to Overcome Them
1. Legal Enforcement: E.g., The Right to Services Act in states like Haryana and Kerala
2. Regular Updates and Evaluations: E.g., The Karnataka Sakala Mission
3. Incentives and Accountability: For instance: The performance-linked pay system
4. Public Awareness Campaigns: E.g., The Government of India’s ‘Jago Grahak Jago’ campaign
5. Stakeholder Engagement: E.g., Participatory budgeting initiatives in Pune
6. Quality Management Systems: E.g., The ISO 9001 certification of the Delhi Metro
The aforesaid mentioned efforts can significantly enhance service efficacy, ensuring that the Charter
evolves to meet the dynamic needs of the Indian citizenry.

Q17. In a crucial domain like the public healthcare system the Indian State should play a vital role to contain the
adverse impact of marketisation of the system. Suggest some measures through which the State can enhance the
reach of public healthcare at the grassroots level.
Answer
The Indian Constitution, through Directive Principles (Article 47), underscores the State's responsibility in ensuring the
health of its population. Recently, the Supreme Court reaffirmed this, emphasising universal healthcare access
Adverse Impact of Marketisation of the Public Healthcare System
1. High Costs (Out of Pocket Expenditure)
2. Inequality in Access: advanced medical facilities being concentrated in urban areas
3. Resource Allocation: rural regions face a shortage of basic medical infrastructure.
4. Regulatory Challenges: overcharging and breaches in care quality
Role Played by State in Enhancing Public Healthcare
1. Primary Healthcare Reinforcement: following the Bhore Committee’s recommendations.
2. Leveraging Public-Private Partnerships: E.g., The Rajiv Aarogyasri Scheme in Andhra Pradesh
3. Integrating Telemedicine Services: E.g., The National Telemedicine Taskforce
4. Ongoing Training for Healthcare Workers: E.g., The National Rural Health Mission
5. Empowering Community Health Workers: E.g., ASHAs were instrumental in raising COVID-19 awareness
6. Enhanced Public Health Financing: Increasing government healthcare spending to 2.5% of GDP
Measures to Contain the Adverse Impact of Marketisation
1. Implementing Treatment Cost Caps: E.g., like cardiovascular surgeries
2. Availability of Subsidised Medications: E.g., Jan Aushadhi stores
3. Quality Assurance in Private Healthcare: E.g., Periodic audits of private hospitals
4. Conducting Extensive Health Literacy Campaigns
5. Generic Drug Supply: cater to majority of population
Going ahead, the State must ensure that its interventions in the healthcare sector align with Sustainable Development
Goal (SDG) 3—ensuring healthy lives and promoting well-being for all at all ages.

Q18. e-governance is not just about the routine application of digital technology in the service delivery process. It is
as much about multifarious interactions for ensuring transparency and accountability. In this context evaluate the role
of the 'Interactive Service Model’ of e-governance.
Answer:
E-governance initiatives like UPI & Digilocker are revolutionising the relationship between the government and citizens,
by going beyond basic conventional norms.
Exploring multifarious interaction of E-Governance for ensuring Transparency and Accountability:
1. Public Access to Information: E.g., National Data Sharing and Accessibility Policy (NSDAP)
2. Real-time Monitoring: E.g., The Integrated Government Online Directory (IGOD)
3. Discourages corruption: Conducting public auctions online
4. Grievance Redressal Mechanisms: E.g., The Centralised Public Grievance Redress and Monitoring System
(CPGRAMS)
5. Social Audit Tools: E.g., MGNREGA mandates social audits
6. E-Procurement Systems: E.g., The Government e-Marketplace (GeM)
7. Financial Transparency: E.g., The Public Financial Management System (PFMS)
Role of the Interactive Service Model of E-Governance:
1. Enhanced Citizen Engagement: E.g., Platforms like MyGov.in
2. Improved Service Delivery: E.g., The Digital India Portal
3. Transparency in Operations: E.g., The e-Taal portal
4. Accountability through Feedback Mechanisms: E.g., RailMadad (for Indian Railways)
5. Customization of Services: Using adaptive technology
6. Decentralisation of Information: E.g., Common Service Centers (CSCs)
7. Education and Awareness: E.g., PMGDISHA educates rural citizens
Issues with the Interactive Service Model of E-Governance
1. Digital Divide: particularly in rural areas
2. Data Privacy Concerns: E.g., The Pegasus Spyware controversies
3. Dependency on Technology: alienating non-tech savvy citizens
4. Cybersecurity Risks: potential for grey warfare
5. Bureaucratic Resistance: due to lack of digital literacy
As the current Indian Prime Minister emphasised, "E-governance is easy, effective, and economic governance."

Q19. "Terrorism has become a significant threat to global peace and security.' Evaluate the effectiveness of the United
Nations Security Council's Counter Terrorism Committee (CTC) and its associated bodies in addressing and mitigating
this threat at the international level.
Answer:
Terrorism is one of the most pressing challenges to international peace, destabilising nations and regions. It destabilises
economies, displaces populations, and erodes social cohesion.
Terrorism as a Global Security Threat
1. Global Threat: causing large scale human suffering.
2. Economic Disruption: E.g., The 2008 Mumbai attacks
3. Political Instability: E.g., The rise of ISIS in Syria and Iraq destabilised the region.
4. Social Cohesion: introducing fear, suspicion, and division within societies
5. Recruitment through Radicalization: The internet serves as a key tool for terrorists
6. Human Rights Violations: E.g., Boko Haram’s kidnapping of schoolgirls in Nigeria led to global outrage
7. Security Overreach: infringe on civil liberties.
Effectiveness of the UN Security Council’s Counter Terrorism Committee (CTC) & associated bodies:
1. Legal Frameworks: E.g., UN Resolution mandates to take stronger measures to prevent terrorist financing
2. International Collaboration: E.g., Collaborative efforts between Interpol and EU nations
3. Capacity Building: E.g., training to local forces in the Sahel region
4. Sanction Measures: on individuals and entities linked to terrorism
5. Monitoring and Compliance: to maintain global security standards.
6. Adaptation to New Threats: such as drones and cyber-attacks.
7. Addressing Financing: E.g., FATF's collaboration with the UN
Challenges in Counter-Terrorism Efforts
1. Political Constraints: For instance: Disagreements within the UNSC
2. Resource Limitations: For instance: Nations like Niger and Mali
3. Civil Liberties: E.g., The mass surveillance programs of the NSA post-9/11
4. Non-State Actors: E.g., Al-Qaeda and ISIS use decentralised cells
5. Rapid Technological Changes: E.g., Use of encrypted messaging apps
6. Implementation Gaps: across different nations weakens the overall effectiveness
7. Root Causes: underlying socio-economic drivers such as poverty and inequality
Way Forward
1. Strengthening Legal Instruments
2. Building Resilience: E.g., Denmark’s Aarhus Model
3. Technological Adaptation: For instance: AI-based monitoring systems
4. Comprehensive Strategy: For instance: UNDP programs
5. Regular Policy Updates: E.g., The European Union frequently revises its counter-terrorism strategies
6. Global Partnerships: between governments, NGOs, and international organisations
7. Addressing Root Causes: E.g., Saudi Arabia’s de-radicalization strategy, known as “Prevention, Rehabilitation,
and Aftercare,”
As it is said, "We will not defeat terrorism unless we also tackle the conditions that breed it."

Q20. Discuss the geopolitical and geostrategic importance of Maldives for India with a focus on global trade and
energy flows. Further also discuss how this relationship affects India's maritime security and regional stability amidst
international competition?
Answer:
The strategic location of the Maldives along vital maritime routes underscores its significance for India, particularly in
securing global trade and energy flows.
Geopolitical Importance:
1. Major Trade Route Security: E.g., Monitoring shipping lanes near the Eight Degree Channel
2. Energy Security: E.g., India collaborating with the Maldives National Defence Force (MNDF)
3. Influence on Regional Trade Policies: helping India maintain its influence in the South Asian region.
Geostrategic Importance:
1. Counter to Chinese Influence: particularly through the Belt and Road Initiative (BRI).
2. Surveillance and Monitoring: especially in the Southern Indian Ocean
3. Access to Deep-Sea Resources: including fisheries and oceanic minerals.

Ways in which This Relationship Affects India's Maritime Security and Regional Stability
Maritime Security:
1. Enhanced Naval Capabilities: E.g., Joint naval exercises like Ekuverin
2. Intelligence Sharing and Joint Exercises
3. Maritime Domain Awareness (MDA): E.g., India’s integration of Maldivian coastal surveillance data
Regional Stability:
1. Deterrence Against Non-State Actors: E.g., joint patrols to intercept illegal activities in the Indian Ocean
2. Balancing Regional Power Dynamics: such as China.
3. Economic Stability through Regional Cooperation: E.g., India invested in the Addu Tourism Project

Ways to further strengthen ties:


1. Strengthening Multilateral Regional Frameworks: platforms like IORA
2. Sustainable Development Cooperation: foster long-term stability and resilience against climate change
3. Enhancing People-to-People Ties: further strengthens the diplomatic relationship.
4. Technological and Infrastructural Investments: E.g., India’s $1.4 billion assistance package (2018)
As the Prime Minister emphasised, “A strong, prosperous, and stable Maldives is in the interest of every nation
in the Indian Ocean region,” reflecting India’s long-term vision of cooperation and stability in the region.

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