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 (150 Words–10
Marks)
➢ Introduction:

• State that RPA, 1951 intends to create an electoral system to hold

free and fair elections and this includes cracking down on
‘corruption’ in electoral practices. Facts related to increasing
criminalisation in politics may be mentioned (ADR: 43% newly
elected Lok Sabha MPs have criminal records).

➢ Body:

• Current framework:

o Examine the relevant section i.e. Sec 123 (defines corrupt

practices to include all kinds of electoral malpractices such as
bribery, appealing to religious/regional/caste sentiments).

o Section 8A disqualifies candidates for these corrupt practices.

• Shortcomings/Loopholes under the Existing Framework:

o Rampant use of money power in elections.

o Lack of political will

o Model Code of Conduct is only a list of guidelines (Enforceability

is subject to understanding of ECI)

o Section 11A as an impediment

o Abhiram Singh judgment lacks clarity.

• Suggestable Recommendations:

o Model Code of Conduct should be strengthened, revised

periodically and made strictly enforceable.

o Creation of separate election tribunals/fast -track courts.

 o Voter awareness.

o Clarity on what is and is not allowed during campaigning.

o Innovative measures such as Right to Recall may be considered

to check corruption.

➢ Conclusion:

• The Supreme Court has taken the lead. However, it is better

awareness among the masses which will lead to changes and
enshrine a culture of integrity in politics.
Q.3. 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(150 Words–10
Marks)
➢ Introduction:

• Define federalism – Focus on the kind of Federalism in India

• State that Indian federalism has been evolving since independence.

➢ Body:

• Divide into the details of Cooperative, Competitive and

Confrontational Federalism by defining these terms and also state that
these are not straight jacket concepts but can be seen through various
examples.

• Cooperative: NITI Aayog, GST Council, Inter-State Council (Art 263),

Zonal Councils, successful implementation of welfare policies,
Concurrent List
• Competitive- Ease of Doing Business Rankings and attracting
investments, achievement of SDG Goals (NITI Aayog), Swachh
Bharat Abhiyan rankings, Aspirational Districts’ rankings, E-
Governance survey rankings etc.

• Confrontational Federalism- Recent RTI Amendments, misuse of

Art 356 (S.R. Bommai case), Farm Laws, GST Compensation
beyond 2022, NIA Act, 2019, All India Services (Chief Secretary of
West Bengal), CAA etc. may lead to confrontation with the
Centre.

• Thin line between cooperation and confrontation.

➢ Conclusion:

• Evolving political situation influences the actions of the states.

Further, Competitive and Cooperative federalism will lead to
better development of India. Both the Centre and the states
should take aim at resolving issues amicably and avoid
confrontation, so that they can actively collaborate as part of
‘Team India’.
Q.4. “Once a speaker, Always a speaker’! Do you think the practice
should be adopted to impart objectivity to the office of the Speaker of
Lok Sabha? What could be its implications for the robust functioning of
parliamentary business in India. (150 Words–10 Marks)
➢ Introduction:

• Recent conduct of Speakers in the Karnataka and Manipur

Legislative Assemblies have raised questions regarding their
functioning and impartiality. This has lent credence to the
debate that the Institution of Speaker can be reformed by
imparting permanency to it.

➢ Body:

• Origin of the phrase, ‘Once a Speaker, Always a Speaker’ -

British practice wherein the outgoing Speaker is re-elected, if
he wins the election and this happens a number of times.

• Further, he quits his party membership upon being elected.

• Is this option available in India?

• Importance of Speaker:various functions which require
impartiality such as certifying a bill as Money Bill,
conducting the sessions smoothly, maintaining rules and
decorum, nominating members to the Committees,
Disqualification under Tenth Schedule etc.

• Recent decisions such as certifying the Aadhar Act as

Money Bill, passage of Farm laws, decision on
disqualification of members, have drawn criticism.

• These points call for a Speaker who can make decisions

independent of party lines.
• Challenges

o May lead to lack of interest of the individual who may want to

move up the political ladder (Ministerial Berth).

o In a polity like India, the Speaker has to go back to his parent party
and seek a ticket to contest elections and hence impartiality may
still not be present.

o Other people may not get a chance to fulfill the role.

➢ Conclusion:

• It is a double-edged sword and perhaps the time is not yet ripe to

introduce this practice in India completey. However, certain provisions
like resignation from party may be adopted to ensure impartiality.
Q.5. 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 the areas in which this
transformation could be visible. (250 Words–15 Marks)
➢ Introduction:

• Introduce with Context of Question 'In the year 2019 (November),

Rajya Sabha held its historic 250th Session, symbolizing the
breadth, norms and values of Indian Democracy'.

➢ Body:

• Explain the need for RS: Federalism, Acts as a check on any LS,
Possibility of experts being made members.

• Why is it being called as a stepney tyre? Delays in passage of bills,

possible breeding ground for crony capitalism and party fund-
raisers, No powers w.r.t. Money Bills.

• Need/ Why is not just a stepney tyre:

• State that evolving nature of political outcomes in the states, rise of
regional parties and coalition politics - Rajya Sabha is now powerful and
not just a pushover.

• Empoweres the States to bargain in an effective manner with the

Centre in return for support to key legislations such as CAA, GST etc.
(bargaining federalism).

• Experts are being made members.

• More discussion, rational behaviour.

➢ Conclusion:

• The importance of the House of Elders can never be understated and it

will continue to guide the ‘House of the People’.
Q7. Indian constitution exhibits centralizing tendencies to
maintain unity and integrity of the nation. Elucidate in the
perspective of the Epidemic Diseases Act, 1897; The Disaster
Management Act, 2005 and recently passed Farm
Acts. (250 Words–15 Marks)
➢ Introduction:

• India is a quasi-federal nation with a ‘strong centre’. Recent

conduct of the Union Government during the COVID-19 crisis has
highlighted this feature.

➢ Body:

• Briefly mention reasons for adopting a ‘Stronger Centre’ after

Independence-

o Unity and Integrity of India was threatened after partition.

Princely States had to be integrated into Indian Union,
demands for creation of separate states had to be looked into.

o Larger socio-economic development goals needed a stronger

Centre
• How did it happen?

o Explain some features such as Art 356, role of

Governors, All India Services, Emergency Provisions
(352, 249 etc).

• Recent Examples of Centralization-

o Sec 2 of the Epidemic Diseases Act, 1897 empowers

Centre to issue directions to states to curb transmission
of an epidemic. It can also punish individuals and
organisations for deviation.
This may be construed as a violation of state power as
‘Law and Order’ and ‘Police’ are subject in the State
List under the Seventh Schedule.
 o Disaster Management Act, 2005 enables the Centre to issue
overpowering orders to all authorities in the nation to handle
disasters including medical ones.
These orders even override those orders of the State government
which contravene the ones issued by the Centre.

o Passage of the Three Farm Laws by the Parliament. Agriculture is

again a subject on the State List, as per the Seventh Schedule of the
Constitution. However, this matter is presently subjudice and is
before the Honourable Supreme Court.

• Misuse

o Constitution makers including Dr. B.R. Ambedkar favoured a

stronger Centre, in good faith. However, provisions such as Article
356 and other legislations have been frequently misused by the
➢ Conclusion:

• Centre should seriously implement the recommendations of Committees

such as Justice Rajinder Sarkaria and M.M. Punchhi to strengthen
Centre- State Relations. Further, various aspects of the Supreme Court
judgement in the S.R. Bommai case should be closely studied.
Q8. 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.(250 Words–
15 Marks)
➢ Introduction:

• State that Separation of Powers has been identified to be a ‘Basic

Structure' of the Constitution by the judiciary itself.

• However, judgements delivered through various PILs may appear to

contravene this principle.
➢ Body:

• Introduce concept of PIL

• Pros of PILs

o Explain how PIL’s have ushered in a process of social change.

Hussainara Khatoon Case (prison administration), Sheela Basra case
(children's rights), Vishaka Guidelines (Prevention of Sexual
Harassment at Workplace), PUCL case (women's rights), Vineet
Narain (CBI), Justice K.S. Puttaswamy (Right to Privacy under Art 21),
Abhiram Singh case (electoral matters) etc.

• Challenges

o Explain how it is against the concept of Separation of

Powers. Explain about role of Legislature, Judiciary and Executive
and how PILs disturb the delicate balance. Give examples of
• Need for PILs

o Limits undue administrative discretion

o Checks government's inaction (Policy paralysis)

o Reconciles permanent constitutional values with transitionary

changes.

o Give current examples of SC (covid management etc.)

➢ Conclusion:

• Important for Judiciary to exercise this power in a ‘restrained manner’,

as observed by the Supreme Court.
However, Legislature should take it positively and frame comprehensive
laws out of these guidelines.
Q9. The strength & sustenance of local institutions in India has shifted from
their formative phase of ‘Functions, Functionaries and Funds’ to the
contemporary stage of ‘Functionality’. Highlight the critical challenges faced
by local institutions in terms of their functionality in recent times. (250 Words–
15 Marks)
➢ Introduction:

• Introduce Local bodies as institutions of the local self-governance by

providing reference to 73rd & 74th Amendment Acts.

➢ Body:

• Initial Role- As a vehicle for socio-economic change and reservations

for weaker sections of the society such as women. Their role was limited
as the State governments didn’t want to share power with them. (Local
Bodies is a subject under ‘State List’ in the Seventh Schedule)

• Mention original issues - 3Fs

• Presently, they are critical partners in the process of development and

are supposed to ensure the progress of schemes such as MGNREGA, Jal
Jeevan Mission etc.
• Stress on the Functionality problem

• Devolution of funds issue

• Capacity Building

• Funds

• Infrastructure

• Lac k of awareness

• Challenges- Lack of Devolution of Funds to these bodies, Irregular

elections (TN), lack of expertise, bureaucratic hesitancy, etc.

• Reforms as suggested by the Second Administrative Commission.

➢ Conclusion:

• Whatever may the changing nature of these local bodies, their

importance can never be over-emphasized. It is incumbent on all
➢ Conclusion:

• Whatever may the changing nature of these local bodies, their importance can
never be over-emphasized. It is incumbent on all stakeholders to remove all
‘obstacles’ in the functioning of these bodies and empower them.
2019
Q1. “The Central Administrative Tribunal which was established for
redressal of grievances and complaints by or against central
government employees nowadays is exercising its powers as an
independent judicial authority.” Explain. (150 Words–10 Marks)
➢ Introduction:

• The Central Administrative Tribunal (CAT) has been established under

Article 323-A of the Indian Constitution to adjudicate on matters
related to various service-related issues of non-defence Central govt
employees.

➢ Body:

• Briefly explain the functions of the CAT and its scope.

• As an Independent Judicial Authority

o Include examples that showcase how CAT is asserting itself as an

Independent Judicial Authority.
 o Delhi High Court ruled that the CAT can exercise the same
jurisdiction and powers as a High Court in respect of its contempt
proceedings.

o Original jurisdiction with respect to appointment and service

conditions has enabled it to actively clamp down on politically
motivated transfers.

o Not bound by the Code of Civil Procedure, which enables CAT to

assert its autonomy and take decisions with any bias.

o CAT recently took a swipe at Delhi HC for directing it to swiftly

decide a matter that was originally pending before the tribunal.

• Issues with Independence:

o Appointment of Members by government.

 o Dependent on government for funding.

o Members do not enjoy power and status accorded to

Judges holding constitutional posts

o Lack of infrastructure and funding, coupled with

vacancies impede its proper functioning.

• Over 48,000 cases are still pending as of 2020 (Report by the

Parliamentary Standing Committee on Personnel in the Rajya
Sabha).
➢ Conclusion/Way Forward:

• Identify root causes of cases piling up, solve them at the level
of the department itself

• NITI Aayog has recommended merger of all tribunals and

their rationalization.

• Government needs to ensure adequate infrastructure is

given and vacancies are filled in a timely manner.
Q.2. From the resolution of contentious issues regarding
distribution of legislative powers by the courts, ‘Principle of Federal
Supremacy’ and ‘Harmonious Construction’ have emerged.
Explain. (150 Words–10 Marks)
➢ Introduction:

• State that distribution of legislative powers between the Centre and

States is a basic feature of federalism. (Seventh Schedule and the
three lists.)

• Despite a clear and well thought out demarcation of powers,

disputes do arise and it is the duty of higher judiciary to interpret the
constitution and resolve the dispute.

➢ Body:

• Explain Federal Supremacy and state that in the case that a

statute’s provisions fall in both state and union list, the centre would
have the dominant legislative power. It is to be used only as a last
resort. West Bengal case of 1963 can be mentioned.
• Explain harmonious construction. Mention the Supreme Court

observations on this matter- Statute should have widest possible

interpretation, intent of the statute should be read as a whole, and

court could remove inconsistent language. The 5 principles outlined

in CIT v Hindustan Bulk Carriers can be mentioned.

➢ Conclusion:

• For the smooth functioning of the nation and to uphold the federal

structure of the Constitution, a harmonious relationship between

Centre and States is needed and ‘Principle of Federal Supremacy’

should be sparingly used. The need of the hour is cooperative

federalism to prevent disagreements from becoming disputes.

•
Q.3. “Parliament’s power to amend the constitution is limited and it cannot be
enlarged into absolute power”. In light of this statement, explain whether
parliament under article 368 of the constitution can destroy the basic structure
of the constitution by expanding its amending power? (250 Words–15 Marks)
➢ Introduction:

• State that the Indian constitution is partly flexible and party rigid.

• Set out the context of Article 368 and also state that ‘Basic Structure
of the constitution’ has emerged from judicial verdicts and
amendments cannot alter this basic structure.

➢ Body:

• Background before Kesavananda Bharati Case- Parliament could

amend any part of the Constitution it deemed fit and then there
arose a dispute between Fundamental Rights and DPSP.
• Kesavananda Bharati case- SC held that the limited power of the
Parliament as regards to amendments is a basic structure and
further, the basic structure cannot be amended.

• Minerva Mills Case- Concept of Basic Structure was fortified. Give a

basic note of this concept which has evolved through various
judicial verdicts.

o In Coelho v State of Tamil Nadu, the Supreme Court upheld

authority of the judiciary to review laws, including those under
the 9th Schedule on the ground of violating the basic structure.

o In Chandan Kumar Vs Union of India, SC held that any part of

the Constitution can be amended except the ‘Basic Structure of
the Constitution’.
 o Summarise the present status: Parliament has limited powers to
amend the constitution. It can alter any part of the constitution,
subject to the requirement that the basic structure is not
damaged or destroyed. Judicial review is a part of basic structure
and cannot be taken away.

• Need for limiting the power-

o To check Parliamentary excesses,

o Uphold Fundamental Rights and other Constitutional Rights of

Citizens,

o Protect federal character of the constitution, etc.

➢ Conclusion:

• The doctrine of basic structure has enabled the Judiciary to play the

role of final arbiter and interpreter of constitutional amendments.

•
Q.4. “The reservation of seats for women in the institution of local self-
government has had a limited impact on the patriarchal character of the
Indian political process”. Comment. (250 Words–15 Marks)
➢ Introduction:

• 73rd Constitutional Amendment Act which provides for one-third

reservation at all levels of the local bodies for women has ensured
greater female participation. However, questions persist on its
effectiveness due to various factors.

➢ Body:

• Good work done by women representatives in the rural local bodies-

Mention increasing gross enrollment ratios at schools, a Panchayat in
Haryana has also built a skill development centre, women leaders
are more accessible to the public.
• Challenges associated with Patriarchy as women often serve as
‘proxies’ to their husbands (‘Panchayat Pati’), mere ‘rubber stamps’,
lack of skills and political exposure, burden of domestic work and
stereotypes affect them.

• Solutions- Capacity building of representatives, organizing them into

collective networks, mass information campaign etc.

➢ Conclusion:

• Every scheme will have its flaws and it is important to correct the
flaws for its effective functioning. This will help India achieve its
commitment towards reducing gender inequalities (SDG 5).
Q.5. “The Attorney-General is the chief legal adviser and lawyer
of the Government of India.” Discuss (250 Words–15 Marks)
➢ Introduction:

• Mention that Article 76 of the Indian Constitution creates this post and
individual is appointed and serves during the pleasure of the President
of India.

• In view of the various ‘Contempt of Court’ petitions, this office has been
in news.

➢ Body:

• Mention all his duties, one by one in points. He has the right to audience
in every court of law and represents the Government of India, tenders
legal advice to the government, attends relevant parliamentary
meetings including the various committee meetings.

• A government notification of 1950 lists out his/her responsibilities.

➢ Conclusion:

• The President may refer any other duties to the AG and the AG is the
chief legal advisor and the top law officer of India.
Q.6. Individual parliamentarian’s role as the national lawmaker is
on a decline, which in turn, has adversely impacted the quality of
debates and their outcome. Discuss. (250 Words–15 Marks)
➢ Introduction:

• Mention the critical role of individual parliamentarians as

representatives of the citizens of the country.

➢ Body:

• Declining role

o Frequent use of whips and anti-defection law subjugates

individuals to party lines

o Absenteeism.

o Lack of funds and staff for research.

o Dominance of ruling party.

 o Private member bills are often seen as intrusion by the
government and are seldom discussed seriously at length.

• All these issues have led to lower quality of debates, lack of myriad
perspectives, and rendered individual members ineffective in
representing the interests of their respective constituencies.

➢ Conclusion:

• Limited use of anti-defection law and whip (Dinesh Goswami

Committee)

• Provision of research staff and funds

• Disqualification decisions for defection to be taken by President on

the advice of Election Commission, rather than by the Speaker(2nd
ARC), etc.
Q7. Do you think that the constitution of India does not accept the
principle of strict separation of powers rather it is based on the
principle of ‘checks and balance’? Explain. (150 Words–10
Marks)
➢ Introduction:

• Begin by explaining the concept of Separation of Powers as

envisaged by Montesquieu. Comment on how the Indian
constitution combines the concept with the doctrine of checks and
balances.

➢ Body

• Separation of Powers in Indian context:

o In India, there is no strict demarcation of powers between the

three organs of the government.

o Each organ of the State while performing activities accorded to

it by the Constitution, also has overlapping functions with other
organs.
 o Kesavananda Bharati case: The Supreme Court held that the
doctrine of powers is a part of the basic structure of our
constitution.

o Indira Nehru Gandhi vs Raj Narain case: ‘In the Indian

constitution, there is separation of powers in a broad sense only’.
A rigid separation of powers as under the American or Australian
constitution does not apply to India.

o Thus, there is a broad division of powers, but a strict demarcation

in neither practical nor desirable.

• Doctrine of Checks and Balances in India

o Discuss how the Parliament (Legislature) holds the Executive

responsible for its actions such as Annual Budget, No-
Confidence Motion.
 o Discuss how the judiciary has the power of judicial review to
revise laws that are unconstitutional.

o Impeachment of Supreme Court judges by the Parliament.

➢ Conclusion:

• The broad separation of powers, coupled with the doctrine of

checks and balances has enabled India to avoid major
constitutional deadlocks and maintain the fine balance between
the three organs, so that no branch can become supreme at the
cost of other branches.
Q8. What can France learn from the Indian Constitution’s
approach to secularism? (150 Words–10 Marks)
➢ Introduction:

• Secularism is part of basic structure of Indian Constitution. However,

European Secularism is slightly different from India’s and certain French
actions in recent times such as banning of turbans, Burqas etc have
come under sharp criticism.

➢ Body:

• Difference between Indian and European Secularism-

o Strict demarcation of religion as private matter in Europe Vs

Embracing all religions equally in India.
 o Art 25-28 allows every citizen to exercise ‘Right to Freedom of
Religion’, which includes the freedom to publicly profess one’s
religious identity Vs France’s decision to ban Burqas, Turbans etc.

• What can France learn from India?

o When every citizen is permitted to exercise his/her religious

choices, a sense of inclusion emerges as opposed to neglect and
a feeling of aloofness.

o A community which is not allowed to wear its symbols is likely lose

its cultural identity over time.

o The French model ignores religious freedom of communities, which

may lead to disenchantment and alienation.
 o While some actions are noteworthy such as those that restrict
individual freedoms, a consensus should emerge before taking any
action, preferably through the legislature (like Indian Parliament’s
decision to outlaw Triple Talaq) as opposed to executive action.

➢ Conclusion:

• France has issues pertaining to social exclusion of its minorities, many of

them end up joining radical groups such as the ISIS. India, on the other
hand has so far ensured all its citizens enjoy a sense of freedom and
thus has been largely able to arrest trends of radicalization.
Q9. On what grounds a people’s representative can be disqualified
under the Representation of People Act, 1951? Also mention the
remedies available to such a person against his disqualification.
(250 Words–15 Marks)
➢ Introduction:

• Introduce RPA, 1951 in Brief - An Act of the Parliament of India to

provide for the conduct of elections of the Houses of Parliament and
to the House or Houses of the Legislature of each State, and other
related matters.

➢ Body:

• Explain the Various Grounds for Disqualification under the

Representation of People Act, 1951 in Pointers – Brief ( Chapter 3 of
the Act)

• Remedies: Sec 8(4)

• Changes in : Lily Thomas vs. UOI 2013 Case

• Challenge of Criminalization of Politics: Highlight in Brief (ADR Report)
along with Challenges (PIF vs. UOI Case 2018)

• Suggest Remedies: Makes references to recommendations of

ECI/Law Commission etc.

➢ Conclusion:

• End with an optimistic conclusion on need for changes in the law – To

ensure decriminalization of politics and enhancing the sanctity of
parliamentary democracy.
2018
Q1. In the light of recent controversy regarding the use of Electronic
Voting Machines (EVM), what are the challenges before the Election
Commission of India to ensure the trustworthiness of elections in India?
(150 Words–10 Marks)
➢ Introduction:

• Electronic Voting Machines (EVM) have replaced paper ballots and

the safety and efficacy of EVM’s have been questioned in recent
times.

• In this regard, ECI faces the unenviable task of demonstrating the

foolproof nature of EVMs to ensure trustworthiness in elections.

➢ Body:

• What are the challenges regarding EVM?

o Assuring parties and leaders about the security of EVM, in the

context of allegations of tampering.

o Lack of technical knowledge about its functioning,

 o Safety related issues (it has been found in the open, in custody of political
leaders, etc.)

o It has malfunctioned in recent times. Eg. Kairana Lok Sabha by-elections.

o Need for technological upgradation with time.

• What can the ECI do?

o Use of Social Media to highlight the usefulness of EVM and its other
aspects.

o Public demonstration to quell rumours and conspiracy theories, floated by

vested interests.

o Research and Development from its makers.

o Two stage authentication.

o ECI has also invited experts to demonstrate lack of safety (hackathons)

➢ Conclusion:

• ECI has the duty to not only ensure that the elections are held in a free
and fair manner, but also to ensure that the public believes the elections
are free and fair. In this context, demonstrating the veracity of EVMs is
foremost among ECI’s concerns.
Q.2. Whether the National Commission for Scheduled Castes

(NCSC) can enforce the implementation of constitutional

reservation for the Scheduled Castes in the religious minority

institutions? Examine. (150 Words–10 Marks)

➢ Introduction:

• Mention the basics related to National Commission for Scheduled

Castes (Article 338, its role and duties), and its direction to Aligarh
Muslim University( a minority institution) to provide reservations to
Scheduled Caste students.

➢ Body:

• Briefly explain religious minorities and their right to administer

educational institution (Article 30).

• Also mention Article 15 (5) which empowers the govt to make

special provisions for the welfare of the members of the SC/ST/OBC
Communities.
• Explain the fact that minority religious institutions can reserve
upto 50% of seats for students from their own community, and are
not required by law to reserve seats for SC/ST/OBC students.

• The Supreme Court held in P.A. Inamdar vs State of Maharashtra

that policy of reservation is not applicable to minority
educational institutions.

• The rights accorded to minorities under Article 30 aim at

preserving their distinct identity and culture. The non application
of SC/ST/OBC reservation to such institutions was upheld by the
Supreme Court in 2018.
➢ Conclusion:

• SC has upheld the importance of Art 30 and has given exclusive

rights to minority institutions to administer their educational
institutions. Hence, NCSC’s order will not prevail in this case.
Q.3. Under what circumstances can the Financial Emergency be
proclaimed by the President of India? What consequences follow
when such a declaration remains in force? (150 Words–10 Marks)
➢ Introduction:

• Introduce Part XVIII and the three Emergency provisions.

Why are these provisions there in the constitution,
especially Art 360.

➢ Body:

• Give some details about Article 360 like the basis, the
duration and the process of parliamentary approval,
focusing mainly on the circumstances of imposition of
Financial Emergency.

• Now write about the consequences of a financial

emergency such as;

o Centre has power to give directions to the state on

financial matters.
 o Reservation of all money bills or other financial bills for the
consideration of the President

o Reduction of salaries and allowances of all or any class of

persons serving in the Union and the State, including the
salaries and allowances of SC/HC judges.

➢ Conclusion:

• Extraordinary provisions are there to meet unprecedented

situation and the provision of Financial Emergency is among
them.Till date it has not been declared in India.
•
Q4. Why do you think the committees are considered to be
useful for parliamentary work? Discuss, in this context, the
role of the Estimates Committee. (150 Words–10 Marks)
➢ Introduction:

• Parliamentary Committees and their level of autonomy have come

under sharp focus in recent times. In this regard, it is important to
understand their functioning and their importance.

➢ Body:

• Discuss the work of these committees in general- scrutiny of laws,

holding executive responsible, budget proposal scrutiny etc, works
throughout the year and gives policy guidance.

• Mention their importance in terms of expertise, not being bound by

party whip, closer scrutiny of Executive and more detailed discussion
on laws.
• Estimates Committee

o Largest with 30 Members (all from Lok Sabha)

o It examines the estimates included in the budget and suggests

economies in public expenditure.

o Suggests alternative policies to bring about efficiency and

economy in administration.

o Throws light on the ineffectiveness of policy and the need for

changes in policy.

• Briefly mention the issues that hinder efficient working of committees,

like post facto scrutiny of budget, advisory nature, etc.
➢ Conclusion:

• Committees play a critical role in the functioning of the Parliament

and can be considered as the wheel of the Parliament which keeps it
moving. Some suggestions such as greater research staff, mandatory
scrutiny of important bills, etc. can be mentioned.
Q5. “The Comptroller and Auditor General (CAG) has 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.
(150 Words–10 Marks)
➢ Introduction:

• Article 148 deals with the office and appointment of CAG.

➢ Body:

• According to Article 148,CAG is appointed by the President for a

fixed tenure of Six years or till the age of 65 years whichever is
earlier.

• He can only be removed from office as the judge of the Supreme

Court. His salary and terms of office are fixed unlike the CIC and
this ensures independence.

• Discuss the functions performed by the CAG as per Article 149.

• CAG is guardian of public purse, he is head of Indian audit &
account dept. and his duty is to uphold the constitution in
the sphere of financial administration. Audits all Central govt
institutions and PSU’s, State govt institutions when requested.

• He ensures the accountability of the executive toward the

legislature, and is given wide powers to uphold his duties.

• Give suitable examples to highlight the role of CAG in recent

times.
➢ Conclusion:

• The office of CAG was regarded as the bulwark by none

other than Dr. B.R. Ambedkar which clearly shows how vital
this office is in India. Since Independence, there have been
various instances where this office has ensured its worth.
Q6. Whether the Supreme Court Judgement (July 2018) can settle
the political tussle between the Lt. Governor and elected
government of Delhi? Examine. (250 Words–15 Marks)
➢ Introduction:

• Mention the background, in terms of 69th Constitutional Amendment

Act which inserted Article 239AA to provide for a Legislative Assembly
and a popular government for the NCT of Delhi.

➢ Body:

• Background

o Briefly explain the frequent tussles between the Lt. Governor and
the elected government of Delhi

o Discuss how Delhi is empowered to legislate on all matters except

Police, Land and Public Order which are with the Union
government.
• The Judgement

o Consultation does not mean concurrence.

o LG had to act, according to the aid and advice of the Delhi

Council of Ministers on all matters except those related to
police, land and public order.

o Differences between the LG and his Council of Ministers should

be settled in all fairness in an amicable manner.

o Hence the powers of the elected government was upheld

• Analysis

o The intent of Article 239 AA which bestowed a ‘special status’

on Delhi-NCT was recognized and upheld.

o This clearly strikes a balance between the powers of different

entities and upholds the rights and supremacy of an elected
government.

o On most matters except those related to services, this judgment

gives abundant clarity and paves the path forward for better
accountability and governance in Delhi (in 2019, the SC also
passed a judgment on Services and other matters).

o The Supreme Court has stressed that the L.G. must work
harmoniously with the council of ministers, paving the way for
settlement of the tussle.
 o However, the trick lies in the implementation of this verdict by all
stakeholders (In 2021, the Parliament has passed a new law on
this matter).

➢ Conclusion:

• The Judgement filled the existing vacuum by providing clarity on

the role of L.G. and the elected government.

• However, issues continue to persist and the Centre recently came

up with National Capital Territory of Delhi (Amendment) Act, 2021
which has been criticised for being centalising in nature Ultimately it
is for all stakeholders to ensure that this judgment is implemented
and the development of the capital city goes on unhindered.
Q.7 . 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.
(250 Words–15 Marks)
➢ Introduction:

• Define tribunals and mention the relevant constitutional

provisions(A. 323A and A. 323B).

➢ Body:

• Tribunals curtailing jurisdiction of ordinary courts

o Quasi judicial body with role of executive in appointments,

service conditions, etc may dilute judicial mechanism and
weaken the doctrine of separation of powers.

o Contrary to the judgment in L. Chandra Kumar, decisions of

tribunals like NGT continue to be taken for appeal to the
Supreme Court, denying High Courts its role as court of
appeal.
 o Such instances have also led to increasing backlog in the
Supreme Court.

• Constitutional Validity

o The Supreme Court in L. Chandra Kumar case (1997) upheld

the constitutional validity of Tribunals.

• Competency

o Better technical and sectoral competency.

o Faster and relatively inexpensive access to justice.

o Flexibility of procedure

o Reduced the burden on judiciary

 o Mention some examples, where tribunals such as NGT have
given judgements that seek to protect and conserve the
environment.

• However, certain issues remain:

o Independence and autonomy

o High pendency

o Frequent appeals against orders take away the aim of

providing technical expertise reducing burden on judiciary.

o Large number of vacancies and lack of infrastructure.

o Accessibility due to lack of enough benches in all parts of

the nation.
➢ Conclusion:

• Way forward to improve the functioning of tribunals, as

recommended by the Law Commission in its 272nd report.
Mention measures to increase independence, improve
accessibility and ensure competency of members.
Q.8. How is the Finance Commission of India constituted? What do
you know about the terms of reference of the recently constituted
Finance Commission? Discuss. (250 Words–15 Marks)
➢ Introduction:

• In view of the fact that the President of India constituted the 15th
Finance Commission in November 2017, to recommend policies
pertaining to the distribution of tax revenues between the Union and
States, this was in news.

➢ Body:

• Provisions of the law

o Article 280 of the Indian Constitution empowers the President of

India to set up a Finance Commission to recommend the policy
that governs the distribution of tax revenues between the Centre
and the States (Vertical distribution) and between the various
states (horizontal distribution).
 o It is headed by a Chairman who is also appointed by the
President. 15th Finance Commission is headed by NK Singh.

• Terms of reference to the 15th Finance Commission

o Fiscal consolidation,

o Financing disaster management,

o Impact of GST

o Creating a non-lapsable defence fund

o Revenue deficit grants

o Census figure of 2011 to be taken as opposed to 1971 (Southern

states had protested)
➢ Conclusion:

• The Finance Commission plays a critical role in ensuring the delicate

balance between the Centre-States and is an example of
cooperative federalism. It submitted its report recently in 2021 for the
period of 2021-2026.
Q.9. Assess the importance of the Panchayat system in India as a part of
local government. Apart from government grants, what sources can the
Panchayats look out for financing developmental projects? (250 Words–
15 Marks)
➢ Introduction:

• Panchayats have played a critical role during this pandemic and

amongst others, their sources of revenue are still weak and hence this
has been in news.

➢ Body:

• Importance

o These have been set up by the 73rd Constitutional Amendment Act,

1993 and their functions have been enumerated in the 11th
Schedule of the Indian Constitution.

o Play a critical role in various socio-economic development

programs in the rural areas,
 o Key players in programs such as the MGNREGA, Jal Jeevan
Mission etc,

o Have emerged as key players in ensuring success of

educational and health programs of the government,

o Rural Local Bodies have played a critical role in curbing

transmission of SARS-COV-2 virus.

• Briefly mention the issues plaguing funding of rural local bodies,

like inadequacy of funds, lack of autonomy in raising funds,
reluctance in imposing new taxes for fear of backlash.

• Sources of Financing
• Apart from grants from the States through the recommendations of
the State Finance Commission,

o They can levy a variety of taxes such as Professional Tax, land tax,
Octroi Duty, water tax, vehicle tax, house tax etc,

o Services it may offer such as land record updation, irrigational

work etc,

o Weekly markets, cattle fairs and agricultural markets.

➢ Conclusion:

• Lack of adequate finance has emerged as a main issue with respect

to rural local bodies and it is important for the government to shed its
centralizing attitude and devolve more power into the hands of these
bodies, including financial powers.
Q10. India and the USA are two large democracies. Examine the basic
tenants on which the two political systems are based. (250 Words–15
Marks)
➢ Introduction:

• While India is the largest democracy in the world, the US is the oldest democracy in
the world. Further, the Constituent Assembly of India has adopted many features from
the US Constitution.

➢ Body:

• Political Similarities-

o Written Constitution,

o Supremacy of Rule of Law,

o Independent Judiciary

o Federalism

o Fundamental Rights

o Post of Vice-President
• Non-Similarities

o Single Citizenship vs Dual Citizenship

o Quasi Federal vs Federal

o Parliamentary System of Government Vs Presidential System of Government

• Current Challenges

o Rising influence of social media in the electoral process,

o Rise of law and order issues that threaten the governments (Black Lives Matters,
Farmer’s Protest)
➢ Conclusion:

• Both nations respect civil liberties and the democratic credentials are
strong. This is expected to bring them out of the challenges that they
may be facing presently.
2017
Q1. “The local self-government system in India has not proved to be an
effective instrument of governance”. Critically examine the statement
and give your views to improve the situation. (150 Words–10 Marks)
➢ Introduction

• Despite their stellar performance in the area of socio-economic

development, urban and local bodies are still found wanting in
many aspects and this has hampered several initiatives of the
government.

➢ Body

• Issues with these bodies

o Answer can be divided into Funds, Functions and

Functionaries. (2nd ARC)

o Hesitancy on the part of the State Government to share

power

o Powers without finances leave them at the mercy of the

government,
 o Lack of a dedicated bureaucracy for implementation of
the local plans and programs

o Lack of accountability,

o Lack of professional expertise and knowledge

• Suggestions

• Recommendations given by 2nd ARC, NITI Aayog, etc. should

be quoted. Some of these include:

o Amendments to the Constitution to permit compulsory

devolution of some powers to these bodies,

o Recruitment of professionals,
 o Must be given the power to raise own revenues and not just be left
at the mercy of the State Government,

o Ensure regular audit of funds and its utilization,

o Training programs for the elected representatives to keep them

updates regarding the governance related innovations

o Literacy and awareness campaign for the citizens as well at the

local level to encourage their participation in the governance
process

➢ Conclusion

• Mahatma Gandhi envisaged self rule or Swaraj at the local level. It is

incumbent on the government to fix these various challenges that
inhibit the functioning of these bodies and make it effective.
Q. 2. Critically examine the Supreme Court’s judgement on ‘National
Judicial Appointments Commission Act, 2014’ with reference to the
appointment of judges of higher judiciary in India. (150 Words–10 Marks)
➢ Introduction

• The Supreme Court struck down the 99th Constitutional Amendment

Act and the National Judicial Appointments Commission Act, 2014.
Subsequent review petition was also dismissed.

➢ Body

• Explain what the NJAC tried to achieve?

o Made the executive part of the panel to appoint and transfer

judges of the Supreme Court and the High Courts.

o NJAC to have had 6 members. CJI, 2 Senior Judges of SC, Union

Law Minister and two other imminent jurists to be appointed by a
Committee which is to consist of CJI, PM and Leader of Opposition
in Lok Sabha.
 o Inserted Article 124 A into the Constitution.

• SC’s objections

o Goes against the principle of ‘Separation of Powers’ and

‘Independence of the Judiciary is harmed’. Both are part of the
‘Basic Structure of the Constitution’.

• Analysis

• SC itself has observed that there is something ‘rotten’ in the Collegium

System presently being followed. Analysing the two doctrines that the
Court stated while giving the judgement:

o Separation of Powers: While indeed it is true that separation of

powers is important, in India this principle is not strictly followed
unlike other places.,
o Independence of Judiciary: Judiciary still has upper hand as it
has 3/6 members of the NJAC and also the CJI is part of the
committee to select two eminent jurists.

o The judiciary has been of late alleged with an increase in

corruption, acting as a closed system with no checks on it
from the other two arms of the government

o Instead of rejecting the idea altogether, the court could have

come up with a committee with both judicial members and
government representatives to devise a plan in order to make
the judicial appointments more transparent.
➢ Conclusion

• Independence of judiciary is of paramount importance.

However, the judiciary is not insulated from various vices, and,
checks and balances via other arms of the government can help
avoid such situations.
Q.3. Discuss the role of the Public Accounts Committee in establishing
accountability of the government to the people. (150 Words–10 Marks)
➢ Introduction

• The Public Accounts Committee is an important Parliamentary

Committee, and in the recent times its role and importance has
come under sharp focus.

➢ Body

• Background

o Government of India Act, 1919 set up the Public Accounts

Committee.

o In recent times, as the role of the Comptroller and Auditor

General has expanded, so has the role of this committee that
scrutinizes its reports.

o It has 22 members, selected from both the Houses of Parliament.

• How does it establish accountability of the Government towards
the people?

o The CAG submits three main reports to this committee based

on its audits: report on the appropriation accounts (budget
expenditure), report on finance account and report on public
undertakings,

o These reports are completely scrutinized by this committee

and officials and Ministers are invited to answer the questions
raised by the Members,

o The PAC also submits its report to both Houses of the

Parliament which can then debate various issues pertaining
to the finances of the government and its transparency.
 o Recent examples can be added to show the importance
and role of the PAC.

➢ Conclusion

• Responsibility of the government to the people (through the Lok

Sabha) is an essential feature of parliamentary democracy in
India. The Public Accounts Committee acts as a financial
conscience-keeper of the government, ensuring that the
government is held accountable for every single Rupee of the

taxpayers that it spends.

Q.4. Examine the scope of Fundamental Rights in the light of the latest
judgement of the Supreme Court on Right to Privacy. (250 Words–15
Marks)
➢ Introduction

• Honourable Supreme Court in the Justice K.S. Puttaswamy case

upheld the ‘Right to Privacy’ as a fundamental right under Article
21 of the Indian Constitution.

➢ Body

• What did the Court opine?

o Verdict went past the issue of Aadhar and also upheld the
‘right to privacy’ on various other issues such as sexual
preferences of individuals, religion, marriage of their choice,
amongst others and ruled out ‘state interference’ in these
matters.
• Scope of Fundamental Rights:

o Reading the right to privacy into the fundamental

rights implies that the scope of these rights have been
expanded.

o Privacy will enhance the freedoms enshrined under

Article 19, as free choice can be made without fear of
State intrusion.

o Similarly equality under Article 14 can be ensured only

through privacy, for eg. protection of one’s sexual
orientation.

o Information control: A person has a control over his/her

information under right to privacy.
 o Right to refuse food or even medicine and the
associated right to passive Euthanasia.

o Article 21 which includes the right to live a dignified life,

marry a person of his/her choice will also be enhanced if
privacy of individual is guaranteed.

o Sexuality and Privacy: Protection of one’s sexual

orientation.

➢ Conclusion

• Fundamental Rights are negative in the nature that they

prohibit the state from unduly interfering in the lives of the
citizens and this verdict has clearly reiterated this concept
and upheld the right of the citizens.
Q.5. 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? (250 Words–15 Marks)
➢ Introduction:

• While India is the world’s biggest democracy, several issues related to its electoral
functioning has impacted its quality. In this regard, the Election Commission of India
has proposed certain reforms.

➢ Body:

• ECI Suggestions:

o Constitutional protection for other members of the Election Commission of India on

same lines as available to the Chief Election Commissioner

o Proxy voting for which section 60 of RPA 1951 should be amended

o The use of totalizer machines for counting of votes

 o Independent Secretariat for ECI

o Budget of the commission to be 'charged' on the Consolidated fund of India, i.e.,

not subjected to vote of the Parliament.

o Proposals to decriminalize politics and cleanse political funding.

• Significance of these Reforms

o Enhanced autonomy of the Election Commission.

o Free and Fair elections.

o Greater public trust in the election process.

o Check criminalisation of politics, etc.

• B) Other Reforms

o SC verdict on non-issuance of tickets to candidates with a criminal background

(February 2020),

o Updation of Model Code of Conduct and more powers to the ECI,

o Establishment of separate electoral tribunals.

➢ Conclusion

• Enhancing the quality of democracy is a non-negotiable reform that has to be

executed by all the stakeholders. In this regard, the ECI’s suggestions and those of the
honourable Supreme Court should be implemented.
Q6. ‘Simultaneous elections 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.
(150 Words–10 Marks)
➢ Introduction

• Recently, the Prime Minister and even the NITI Aayog have
supported the idea of holding simultaneous elections to both the
Lok Sabha as well as the State Legislative Assemblies in India.

➢ Body

• Introduction

o Before 1967, this was the norm. It was, however, impeded due
to frequent use of Article 356, as well as political instability at
both Central and state levels.

o Law Commission in 1982 also supported this concept in this

report.
• Advantages

o Will limit the expenditure on polls,

o Will reduce the time and this will lead to shorter imposition of Model
Code of Conduct which impairs development related activities,

o Political leaders will also focus on development and governance,

rather than on just winning elections.

• C) Disadvantages

o Lesser accountability of elected representatives to the people, as

now elections will only be held, once in 5 years (apart from local
bodies),

o Nightmare for the security forces who will have to be deployed at

large scale and may have to be pulled out of other important
duties such as protection of borders, fight against naxals etc,
 o Some have raised concerns that it could go against federalism and
hurt the prospects of regional political parties.

o There might be a jumbling and eventual subsumption of the local

issues in favour of the national issues.

o Logistics will have to be handled by the Election Commission of

India,

o Issues pertaining to filing of vacancies and passage of the no-

confidence motions will have to be addressed.

➢ Conclusion

• There needs to be greater debate and consensus building on the issue.

The government should explore other alternatives that can fix some of
these challenges before it takes any decision.
Q7. The Indian Constitution has provisions for holding joint sessions of the
two houses of the Parliament. Enumerate the occasions when this would
normally happen and also the occasions when it cannot, with reasons
thereof. (250 Words–15 Marks)
➢ Introduction

• Article 108 of the Indian Constitution provides for joint sitting of

both Houses of the Parliament in certain circumstances. Such a
sitting is called by the President of India and presided over by the
Speaker of the Lok Sabha.

➢ Body

• Background

o Joint Session is called to break a deadlock between the Lok

Sabha and the Rajya Sabha over certain bills. This concept has
been borrowed from the Australian Constitution.

o All decisions are taken by simple majority.

• When it can it be called?

o When there is a deadlock between both houses over normal bills

and over financial bills of first and second classes.

o It is called in order to have a combined discussion and

brainstorming on the bill, so as to resolve the various contentious
issues with regards to it.

• C) When it cannot be called?

o Deadlock over Money Bills, as the Lok sabha has the upper hand
on all such matters and the bill is passed after 14 days even if
Rajya sabha delays it or does not agree to its provisions.

o Constitutional Amendment Bills, as according to Article 368 of the

constitution, these issues require a 2/3rd majority of the present
and voting members
 o Resolutions pertaining to the removal of President, Chief Justice
of India and other Constitutional Positions.

• D) Issues

o It is disadvantageous to the Rajya Sabha as the Lok Sabha could

force its brute majority.

o May violate the principle of parliamentary democracy.

o Role of Rajya Sabha as a federal house may be diluted.

➢ Conclusion

• The Government of the day should realise the various drawbacks

and use it sparingly to only settle differences in case of important
legislative business.
2016
Q1. “The Indian Party system is passing through a phase of transition
which looks to be full of contradictions and paradoxes.” Discuss.
(200 Words–12.5 Marks)
➢ Introduction

Discuss how in 2014, for the first time in 25 years (Since 1989), a single
party got a clear majority in the elections to the Lok Sabha. However,
elections to the State Legislative Assembly are full of contradictions.
(give some examples such as Chhattisgarh in 2018, Rajasthan in 2018,
etc.).

➢ Body

A. Background- How single party was the norm till almost 1989 except
in 1977 and then explain the era of coalition politics that followed
this phase.

B. Present contradictions and paradoxes:

• Bid to grab power (Aaya Ram, Gaya Ram),

• Preaching socialism but practicing dynastic politics,

 • Erosion of ideology and focus on power,

• Lack of inner party democracy,

• Lack of transparency into affairs of political parties through RTI

etc.

• Rise in individual cult politics (Dr. Ambedkar had warned against

this),

• Rise of regional parties, despite formation of single party

government at centre,

➢ Conclusion

Electoral dynamics are continuously changing and while this is healthy

for the growth of democracy, its functioning needs to be enhanced to
progress from a “flawed democracy” to a “full democracy” .
Q2. 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 an audit of the Government’s
policy implementation could amount to overstepping its own
(CAG) jurisdiction. (200 Words–12.5 Marks)
➢ Introduction

• Introduce the fact that Articles 148-151 deal with the Constitutional
Office of the Comptroller and Auditor General of India (CAG),
apart from other relevant parliamentary laws.

• Why has it been in news? CAG audit is becoming complex and

policy decisions and implementation audits of the government
may appear to be overstepping the mandate.

➢ Body

A. Discuss briefly about the auditing functions of the CAG: Auditing

accounts of Centre and States, PSU’s and others.

B. Explain that their report on 2G Spectrum has raised concerns due

to alleged overstepping of mandate (Focus on this point).
C. Difference has to be made between policy formulation and
policy implementation.

D. Policy formulation is the development of effective and

acceptable strategy for achieving the policy objectives.

E. Policy implementation involves funds from the public exchequer

and the CAG has jurisdiction to audit it.

F. Since, the CAG has the power to audit funds of the Union
Government, it will look into the financial aspects of policy
implementation and there is nothing wrong in it.

G. Word of caution- CAG should stick to the financial side of policy

implementation only and not get into other aspects, as that might
lead to a situation of policy paralysis
➢ Conclusion-

CAG owes a responsibility to the citizens to ensure that their taxes are
being utilized in a transparent and efficient manner. Former CAG
Vinod Rai has stated that the organization should not get into the
debate over policy formulation which is the sole prerogative of an
elected government.
Q3. Did the Government of India Act, 1935 lay down a federal
constitution? Discuss. (200 Words–12.5 Marks)
➢ Introduction-

Give a brief background of this legislation. Mention the Simon

Commission Report and the Three Round Table Conferences (RTC’s)
and how the act sought to establish an ‘All India Federation’,
consisting of the British Indian provinces and the Princely States.

➢ Body

A. Explain the provisions of this legislation related to Federalism :

• Federal legislature with Council of states and Federal

assembly(Precursor to Indian Parliament)

• All India Federation with distribution of powers between

Centre and Provinces

• Power of Governor-General to dismiss a Provincial

Government (precursor to Article 356)
 • Establishment of a Federal Court (Precursor to Supreme
Court)

• Powers of the Provincial Government were reaffirmed

(Provincial autonomy),

Conclusion

Government of India act 1935 was a rigid law with no scope to be

amended by any legislative body in India. Indian constitution while
retaining many features of it ,was innovated for the quasi-federal
constitution.
Q.4. What is a quasi-judicial body? Explain with the help of
concrete examples. (200 Words–12.5 Marks)
➢ Introduction-

Introduce the topic and state that quasi-judicial bodies such as the
National Green Tribunal (NGT) have been active in 2015.

➢ Body

A. Discuss the concept of a Quasi-Judicial Body.

• It is formed for a very specific purpose (Environmental matters-

NGT, Tribunals such as CAT, etc.).

• Some such bodies adjudicate on matters related to particular

sectors of the economy (Eg. Securities Appellate Tribunal for
financial markets, TDSAT for telecommunications sector).
B. How does it differ from judicial bodies?

• While they have judicial powers, these are limited

compared to regular courts.

• Its members are appointed by the government, in contrast

to the judicial courts

• It does not follow a strict procedure that the courts are

bound to follow.

However the decisions of all these bodies come under the

jurisdiction of the Supreme court of India, and can be challenged
in the courts of law, as stated in the L. Chandra Kumar vs Union Of
India and Others Case (1997).
➢ Conclusion-

After the reforms of 1991, the government has created many of these
quasi judicial bodies which play an important role in the governance
structures of various sectors.
Q5. Discuss each adjective attached to the word ‘Republic’ in
the Preamble. Are they defendable in the present
circumstances? (200 Words–12.5 Marks)
➢ Introduction-

It is the Preamble of the Indian Constitution that describes

India as a Sovereign, Socialist, Secular, Democratic
Republic.

➢ Body

A. Discuss each of these terms briefly and explain their

current relevance:

• Sovereign

o India is fully sovereign in the sense that it formulates

its own laws and policies, sans any internal or
external interference.
 o Are we fully sovereign?

▪ We are bound by our national interest and may

have to compromise at times during international
negotiations (Relations with Iran is influenced by US
actions).

▪ Even internally, non-state actors may influence the

policies (MNC’s, farmers protests, and others).

• Socialist

o It indicates that India shall follow a socialist approach

in matters of economy and society.
 o However, this is continuously getting eroded since 1991 reforms, with
the role of government consistently reducing as a provider of goods
and services and instead it is becoming a facilitator for the market
forces to take up the task of being a provider

• Secularism

o In India, this definition is different from the one in Europe.

o The State shall respect all religions and shall pay equal importance to
all.

o Recentincidents such as communal clashes witnessed during the Delhi

riots etc. challenge secularism. However, India remains committed to its
secular principles.
• Democratic

o It is the people who are the real rulers and India follows a
system of parliamentary democracy.

o Presently, there is a desperate need for reforms in this regard

and the quality of democracy needs to be enhanced.

o The electoral reforms being undertaken from time to time,

with the intervention of the Election commission as well as the
Judiciary have been helpful in this regard.
➢ Conclusion-

While the ‘Preamble’ is not enforceable in any court of law, it

guides the lawmakers and helps the courts in deciphering the
logic behind including certain provisions in the constitution. It is
the key to unravelling the minds of the constitution makers
Q6. What was held in the Coelho case? In this context, can you
say that judicial review is of key importance amongst the basic
features of the Constitution? (200 Words–12.5 Marks)
➢ Introduction

• Explain what is judicial review? It is the power of the

judiciary to examine laws made by the legislature and
actions of the executive and decide on its
constitutionality and other important parameters.

➢ Body

A. What is the I.R. Coelho Vs State of Tamil Nadu case?

• Also known as the Ninth Schedule Case. A Nine-

judge bench of the Supreme Court examined as to
whether the Parliament could insert any law into the
9th Schedule of the Indian Constitution to make it
immune from judicial review.
 • The Honourable Supreme Court held that it was the
right of the Parliament to do so. However, any law that
violates the ‘Basic Structure of the Constitution’ could
not be immune from judicial review.

• The Courts also held that ‘Judicial Review’ was also

part of the basic structure of the Indian Constitution.

B. Importance of Judicial Review :

• Though Separation of Powers is an inherent feature of

Indian Polity, this is not watertight(delegated
legislation, ordinances, PILs). Hence, Judicial Review
is acts as a mechanism of checks and balances on
the powers of the legislature and the executive.
 • The Government is also made accountable to the
people when the judiciary exercises its powers under
this system (example: upholding powers of the Delhi
Council of Ministers vs LG in 2018).

➢ Conclusion

• The IR Coelho case judgement is thus an important one as

it provided a deterrent against legislative excesses and
mis-adventurism of the legislature.
Q7. Discuss the essentials of the 69th Constitutional
Amendment Act and anomalies, if any that have led to
recently 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? (200 Words–12.5 Marks)
➢ Introduction:

Introduce mentioning that 69th Amendment Act 1991; provides for

National Capital Territory (NCT) status along with a Legislative
Assembly for the National Capital Territory to the Union Territory of
Delhi by insertion of Article 239AA & 239AB in the Constitution of
India.

➢ Body:

A. Explain Essentials of the 69th Constitutional Amendment Act :

• Make references to provisions of Article 239AA.

• Legislative Assembly for the National Capital Territory.

B. Anomalies

• LG to be consulted;

• Police, Land and Public Order with Centre,

• Differences to be settled by President.

C. Refer to Conflict that occured:LG versus Govt of Delhi for

control of matters regarding National Capital Territory (NCT) of
Delhi.
D. Refer to the ‘Government of NCT of Delhi v. Union of
India(2018)’ Case & SC verdict’:
LG of Delhi had no independent decision-making powers, bound
to follow the "aid and advice" of the Delhi chief-minister-headed
council of ministers of the Government of Delhi on all matters
except those pertaining to police, public order and land.

F. Discuss the implications of the verdict.

➢ Conclusion:

Provide a forward looking Conclusion emphasising upon primacy

of Elected Representatives in parliamentary democracies over
appointed officials.
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. (200 Words–12.5
Marks)
➢ Introduction

Article 44 of the Indian Constitution directs the State to enact a

Uniform Civil Code for its citizens. This has been in news, as the
Government has expressed its interest in working on this
legislation.

➢ Body

A. Introduce ‘Uniform Civil Code’.

• Presently, in matters related to personal laws, every religion

and community has its own specific laws. Hence, there are
different laws pertaining to marriage, divorce, alimony
amongst others.

• A sort of ‘One Nation One Law’ on this matter is being

mulled.
B. Factors that inhibit this:

• Religious diversity of India.

• Articles 25-28:Right to Freedom of Religion.

• Tribal customs of the North-Eastern part of India and Article

371.

• Perception of UCC as encroachment on religious freedom.

• Opposition from the religious groups.

➢ Conclusion

• Include suggestions for implementation: Law Commission of

India has recommended the codification of personal laws.

• While it is a part of the DPSP to enact a uniform civil code, the

government should enact it in a way that is acceptable to
most/all communities, while at the same time, upholding the
Fundamental Rights of citizens.
Q.2. The concept of Cooperative federalism has been
increasingly emphasised in recent years. Highlight the
drawbacks in the existing structure and the extent to which
Cooperative federalism would answer the shortcomings.
(200 Words–12.5 Marks)
➢ Introduction

The abolition of the Planning Commission and creation of the NITI

Aayog has brought back the focus on Cooperative Federalism. This is
expected to resolve many challenges pertaining to the federal
structure of India.

➢ Body

A. What is cooperative federalism?

• When the Union and the States come together to work

towards achieving common socio-economic goals, this can
be termed as Cooperative federalism. Eg. : Inter-State Councils
(Article 263), NITI Aayog.
B. Drawbacks

• Top-bottom approach of the Planning Commission had

resulted in centralization.

• Centralising tendency of power in favour of Centre.

• Central encroachment upon state powers by

legislations such as NIA.

C. How will cooperative federalism help?

• Here the Union and States are working as ‘Team India’

and the opinions of the states are taken into
consideration while framing plans (NITI Aayog).
 • Bargaining federalism- When states are given their due
share of power, they will work with the Centre.

• Pace of development can be accelerated when the

states are fully involved in this process.

➢ Conclusion

In a complex federal polity such as India, cooperative federalism

is the way forward and it will help in solving many challenges that
confront India.
Q.3. In the absence of a well-educated and organized local
level government system, `Panchayats’ and ‘Samitis’ have
remained mainly political institutions and not effective
instruments of governance. Critically discuss. (200 Words–12.5
Marks)
➢ Introduction

It is the 73rd Constitutional Amendment Act that introduced rural

local bodies in India. However, certain challenges threaten to defeat
the purpose of this legislation which empowers the villages.

➢ Body

A. Challenges :

• Lack of technical knowhow impedes functioning of these

bodies.

• Lack of knowledge also leaves these bodies at the mercy of

State Government officials and this causes lack of autonomy.

• Many development related activities will also require basic

knowledge of subjects such as accounting which these bodies
lack.
 • Further, lack of knowledge among the people leads to lack of
public participation.

• When they are not organized, they lose the power of

collective bargaining and lack of financial powers is another
major issue.

B. Steps taken by the Government:

• Some states such as Haryana had made it mandatory to

ensure basic educational qualifications for members of the
panchayats,

• Rajiv Gandhi Panchayat Sashaktikaran Abhiyan.

C. Education not a necessity for empowerment of local bodies :

• Marginalization of vulnerable sections like SCs, STs,minorities

and women, who do not stand well in terms of educational
 • No such restrictions in other legislative bodies like Lok
Sabha,Rajya Sabha and State Legislature, where technicalities
of work are even more.

• Education as policy target cannot get primacy over

democratic rights of the people.

➢ Conclusion

While these bodies do face challenges when it comes to

implementing schemes, their success cannot be overlooked. Hence,
it is important to ensure that they are empowered while ensuring
inclusive democracy.
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 ordinances be
repealed? (200 Words–12.5 Marks)
➢ Introduction

Article 123 (at the Union Level by the President) and Article 213 (at
the state level by the Governor) empower the authorities to issue
ordinances. Normally, the power to legislate lies with the legislature.
However, in this case, this is an executive action. This is often
questioned on the ground of contravening the principle of
Separation of powers.

➢ Body

A. Conditions for ordinances :

• When both houses of the Parliament are not in session or one

of the houses is not in session and a matter of public
importance needs to be urgently legislated upon, the
President of India is empowered to issue an ordinance under
B. How Ordinances are against the Separation of powers:

• Executive performing legislative functions of

Parliament and State assemblies.

C. Honourable SC’s observations :

• Ordinance under Judicial review with substantial

ground,AK Roy vs. Union of India (1982).

• Need to justify “immediate requirement” , (Krishna

Kumar Singh Case 2017), (RC Cooper case).

• Repeated ordinance is a fraud on the

Constitution,(DC Wadhwa Case 1987).
D. Why Power to promulgate ordinances should not be
repealed?

• “Immediate requirement” in cases when Houses are

not in session.In this regard, Article 123 needs to be
amended. The power of the executive to issue an
ordinance upon ordinance should be outlawed.

• When the Parliament is not in session, probably some

checks and balances could be introduced, such as
enabling the Parliamentary Committee on
Subordinate Delegation to certify on matters of public
importance.
➢ Conclusion

The Constitution which supports the principle of ‘Separation

of Powers’ has inserted Article 123 as a measure of last resort
which enables the executive to frame laws. This should be
used sparingly.
Q5. 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. (200 Words–
12.5 Marks)
➢ Introduction-

India has witnessed in recent years, pronouncements which

grossly violate the fundamental rights of citizens by bodies which
are extra-legal, extra-constitutional and have no authority to
pronounce such verdicts.

➢ Body

A. Briefly describe what has happened?

• Verdicts of these Khap Panchayats in Haryana, Uttar

Pradesh and Tamil Nadu, among others, have resulted in
honour killing of couples who marry through inter-caste and
inter-gotra marriages, women have been forbidden from
attending educational institutions, wearing jeans or even
carrying mobile phones.
 • None of their decisions confirm to either well established
Principles of law or even Rule of law itself.

• No authority in India has given any sort of legal backing to

these extra-constitutional bodies.

B. Government action

• Law Commission, in 2012 ,had recommended strong laws

to deal with these Khaps.

• Honourable Supreme Court in NGO Shakti Vahini case, has

outlawed these bodies.

• The Legislatures are yet to pass laws which outlaw these

bodies, except a few like Rajasthan state assembly.
C. Suggestions

• Frame specific laws that tackle violent crimes such as

honour killings. IPC and other laws are insufficient to deal
with them.

• Also, the option of using the Unlawful Activities (Prevention)

Act could be explored to disband these Khaps which are
illegal,

• Executive could strengthen ground level intelligence to

prevent the actions of these bodies

➢ Conclusion

Khap Panchayats have no power to clamp down on liberty of

citizens and the government should come down heavily on these
bodies which violate well established principles of peace and
Q6. 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 Judgement(s)
of the Apex Court in this regard. (200 Words–12.5 Marks)
➢ Introduction

Every year, the debate over “Right to clean air’ and “adherence
to cultural practices” gets ignited during the festival of lights. In this
regard, what should be the position on the legal front?

➢ Body

• Right to clean air has been recognized as a Fundamental

Right under Article 21(Right to clean environment under Right
to life) of the Indian Constitution by the Supreme Court.

• Every year, the pollution levels (measured through the Air

Quality Index) are high, especially during Diwali.
• While the burning of crackers cannot be attributed to be the
sole reason for the spike in air pollution (other reasons- stubble
burning, vehicular pollution, Western Disturbances), it does lead
to considerable deterioration of air quality.

• Considering the impact on the people, a legal regulation is

justified. SC has also sought a balance between cultural
practices and air quality.

While legislation could be enacted, we also need to explore other

alternatives such as ‘Green Crackers’ which have been
developed by NEERI (National Environmental Engineering
Research Institute).
➢ Conclusion

Right to Life under Article 21 is of paramount importance and will

need to be given priority over everything else. Alternative
measures like afforestation,green construction along with
restrictions on the crackers needs to be taken care to improve not
only the air quality but the whole environment.
2014
Q.1. Instances of the President’s delay in commuting death
sentences has come under public debate as denial of justice.
Should there be a time specified for the President to
accept/reject such petitions? Analyse (200 Words–12.5
Marks)
➢ Introduction:

In view of the SC judgement in the Shatrughan Singh

Chauhan case, this matter assumes importance.

➢ Body:

A. Explain Article 72-

• It is the prerogative of the President to decide on

mercy petitions and commute or pardon death
penalty cases. However, there have been
considerable delays in this regard.

B. Shatrughan Singh Chauhan Case (2013) :

• SC has observed that undue delay in deciding the

mercy petition of death penalty convicts amounts to
torture.
 • It amounts to the convict dying every day instead of one
fine day and this is a violation of Article 21.

• SC did not set any time limit to decide on petitions but held
that undue delay will be a ground for commutation.

C. Should there be a time specified for the President:

• With emphasis on faster justice, we also need to ensure fair justice.

• With every case having different facts ,one rigid time frame can not be
the standard.

• Judicial delay in Indian courts also need to be addressed before placing

any time restrictions on the Presidential power.
➢ Conclusion

• Right to speedy trial is a fundamental right of every citizen and in this

regard, a time limit has to be fixed by the government to decide on these
mercy petitions. The procedures in place will have to be amended to
fulfill the rights of a citizen under Article 21.
Q.2. 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. (200 Words–12.5
Marks)
➢ Introduction:

It is the President who appoints the PM and the Council of

Ministers on the aid and advice of the PM. While the
constitution does not prescribe the size of the Council, the 91st
Constitutional Amendment Act did fix the limit at 15% of the
total strength of the Lok Sabha to ensure effective
governance.

➢ Body:

A. Size of the cabinet should be as big as governmental work

justifies:

• Concept of good governance and commitment

towards minimum government: There has been a
tendency to downsize the cabinet.
• Duplication of work : Multiple Ministries doing the same job
will lead to negative outcomes and a battle over turfs in
the bureaucratic sense (Ministry of External Affairs and
Ministry of Overseas Indian Affairs).

B. Downsizing not the panacea :

• Specialized functions with globalization and technical

advancements.

• Political aspirations of diverse India.

• Regional representation of vast geographical India.

• Depending on the development agenda, the Ministries

should be either enlarged (Ministry of Ayush) or
downsized.
➢ Conclusion

To ensure the progress of the nation, it is important for the

government to have a well coordinated government
structure to fulfill the development needs while ensuring
“Minimum government, Maximum governance”.
Q3. The ‘Powers, Privileges and Immunities of Parliament and its
Members’ as envisaged in Article 105 of the Constitution leave
room for a large number of uncodified and unenumerated
privileges to continue. Assess the reasons for the absence of
legal codification of the ‘parliamentary privileges’. How can
this problem be addressed? (200 Words–12.5 Marks)
➢ Introduction-

Introduce the concept of “Parliamentary privilege”: “Parliamentary

privilege is the sum of certain rights enjoyed by each House
collectively, and by members of each House individually, without
which they could not discharge their functions, and which exceed
those possessed by other bodies or individuals.”

➢ Body:

A. Article 105:

• Explain & Expand provisions providing for Powers, privileges,

etc. of the Houses of Parliament and of the members and
committees.
B. Ambiguity Aspect:

• Parliament has not defined these.

• Not yet codified

• Allows wide & ambiguous interpretations.

C. Impact:

• Mention the Search Light Case giving precedence to

Privileges over Fundamental Rights (Article 19) ,thus
impacting the Freedom of Press (Article 19)

• Refer to Journalist Ravi Belagere Case – Karnataka

Legislative Assembly.
D. Reasons for the absence of legal codification of the
‘parliamentary privileges’:

• Continuance of precedence from past.

• No clear objective criterion could be drawing in

challenging dynamic polity of India

E. Suggestions:

• Codification of Privileges and Examination of the

same in line with the provisions of the Constitution.
Australia codified its privileges in 1987.

➢ Conclusion:

Conclude with suggested reforms – to curb arbitrary

restriction upon Fundamental Rights in the guise of
Parliamentary Privileges.
Q4. Though the federal principle is dominant in our Constitution
and that principle is one of its basic features, it is equally true
that federalism under the Indian Constitution leans in favour of
a strong Centre, a feature that militates against the concept of
strong federalism. Discuss. (200 Words–12.5 Marks)
➢ Introduction-

Explain how India is not strictly a federal nation but has a quasi-
federal polity with a stronger Centre while mentioning some federal
features.

➢ Body

A. Features favouring federal structure

• Dual government polity

• Division of powers between various levels

• Rigidity of constitution

• Independence of judiciary

• Dual citizenship

• Bicameralism
B. State some features favouring a strong Centre:

• Article 356 : Misuse of Article 356 (SC restored the Uttarakhand

Government that was dismissed).

• Power of the Centre to legislate on a subject in the State list

(Article 249, 250 etc).

• All India Services (Article 312)

C. Need for it

• Nation is diverse and only a strong centre can deal with the
issues.

• Unity and Integrity of nation was threatened at time of

independence.

• Lack of socio-economic development necessitated a

stronger centre.
➢ Conclusion

Strong Centre is definitely needed but we also need a responsible

Centre in line with the spirit of Cooperative federalism.
Q5. 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. (200 Words–12.5 Marks)
➢ Introduction:

• Introduce mentioning that Constitution of India provides for an

Independent and Integrated Judiciary for India with Supreme
Court (Article 124) as the Highest Court; High Courts (Article 216) at
State Level & Subordinate Courts under the same.

➢ Body:

A. Explain and Expand on Doctrine of Basic Structure:

• Include significance of the doctrine.

• Verdicts that hold major significance include Kesavananda

Bharati case, Maneka Gandhi case, Shah Bano Begum case,
Union Carbide Corporation case, Olga Tellis case , NJAC Act
case, Indra Sawhney case having significant on principles of
governance.
B. PIL Concept: Access to Justice to the Marginalized & Deprived:

C. Expansion of Scope & Ambit of Right to Life under Article 21 –

Maneka Gandhi Case

D. Notable Instances of Judicial Activism: Make references to

prominent cases (Vishaka Guidelines; Right to Privacy; IT Act; Justice
KS Puttaswamy case)

E. Critical Analysis: Critics point to over-activism and undermining of

the constitutional doctrine of Separation of Powers
➢ Conclusion:

Conclude that despite valid vriticism – Active judiciary in India has been
a boon to the Citizen in backdrop of Legislative Paralysis and Executive
Overreach.
Q6. 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. (200 Words–12.5 Marks)
➢ Introduction:

• Introduce Part III of the Constitution as the very foundation and

cornerstone of democratic values enshrined in the Constitution of
India.

➢ Body:

A. Article 19 (1) (a): its provisions, including its significance in a

democratic political system.

B. Provide in brief the scope of ‘Freedom of Speech & Expression’

under Article 19(1)(a) including Right To Freedom of Press; Right to
Information etc.

C. Explain the Reasonable Restriction – Article 19 (2) – Subsequently –

Rejection of Hate Speech as Freedom of Speech
D. Films on a different plane
• K.A. Abbas v. Union of India case:Justice
Hidayatullah,observed that "it had been almost universally
recognized that motion pictures must be treated differently
from other forms of art and expression. Its effect, particularly
on children and immature adolescents was great.

• S. Rangarajan v. P. JagjivanRam case :Unique capacity to

disturb and arouse feelings.

• Supreme court also observed that films cater for mass

audience,cannot be allowed to function in a free market
place just as does the newspapers and magazines.

• Exceptions on Creative Freedom for Films: But regulated under

Cinematograph Act,1973
E. Challenges to Freedom of Speech: Contempt of Court,
Sedition Section 124-A IPC; Arbitrary Executive (Police) Actions
etc.

F. Suggest Recommendations : Law Commission views on the

matter.

➢ Conclusion:

• Freedom of Speech & Expression is a sine qua non of the

functioning of a democratic political system. In other words,
it is a necessity for the democratic functioning of the political
system & there lies its significance for the Indian Democracy.
2013
Q.1. The role of individual MPs (Members of Parliament) has
diminished over the years and as a result healthy constructive
debates on policy issues are not usually witnessed. How far can
this be attributed to the Anti-defection law, which was
legislated but with a different intention? (200 Words–10
Marks)
➢ Introduction-

There is a realisation that the position of individual MP’s

have decreased in recent years and this can be seen in
lack of constructive debates and other engagements in
the Parliament. This is often attributed to the Anti-
defection law.

➢ Body

A. Introduce Anti-defection law and state it was meant

to curb the politics of ‘Aaya Ram Gaya Ram’.
B. Challenges:

• Freedom of Speech and Expression of MP’s is often

curbed, in order to toe the ‘Party Line’ on various issues
(former Speaker of Lok Sabha Somnath Chatterjee
was suspended by his Party for going against his party
line on the issue of Indo-US Nuclear Deal).

• It is said to have reduced democracy to a game of

numbers in the parliament as opposed to healthy
debates and discussions.

• Continued horse trading in legislative bodies.

• Deciding authority face allegations of partiality.

C. There are other reasons for diminishing role of debates in Parliament

• Legislative planning by the Business Advisory Committee leaves

little time for debates and discussions,

• Emergence of cult personality amongst leaders (Dr Ambedkar

warned against it),

• Disorder in the Parliament due to frequent disruptions.

D. Suggestions:

• Limited use of anti-defection law and whip (Dinesh Goswami

Committee)

• Disqualification decisions for defection to be taken by President

on the advice of Election Commission, rather than by the Speaker
(2nd ARC), etc.
➢ Conclusion

It is in the interest of India and its democracy to promote a sense of

health debate and discussion in the Legislature. In this regard, all
challenges need to be addressed.
Q2. The Supreme Court of India keeps a check on the arbitrary
power of the Parliament in amending the Constitution. Discuss
critically. (200 Words–10 Marks)
➢ Introduction-

State how in recent times, many legislations such as the

Citizenship Amendment Act, Farm laws, abrogation of Article 370
have been challenged in the Supreme Court.

➢ Body

A. Examine the Constitutional Position:

• Under normal circumstances, the judiciary cannot

intervene on matters related to the Parliament or its
functioning (Article 122) (refused to intervene in the JMM
Bribery case).

• However, the courts are fully empowered to examine laws

passed by the Parliament (Article 13:power of Judicial
review).
B. Why it is needed?

• At times, the Parliament may get carried away and

pass laws that are populist in nature or even violate the
basic structure of the Indian Constitution (eg: National
Judicial Appointments Commission Act as per NJAC
case verdict).

• Restriction on power of state needs checks and

balances. Hence, in a federal set up, having an
independent judiciary is absolutely essential.

• Fundamental Rights of citizens can be threatened.

Hence, judiciary needs to play an active role.
C. Judicial Overreach

• Goes against the Principle of ‘Separation of Powers’.

However, Indian Parliament is not completely sovereign
like the British Parliament.

• At times, there is a judicial overreach and well-

intentioned legislations are struck down or their
implementation is restricted (recent operation of farm
laws have been suspended by the honourable SC).

• The Courts often stray into the domain of policy making.

➢ Conclusion

In India, the concept of Separation of powers does not

work in water-tight compartment, but is rather built on the
Principle of checks and balances.
Q3. Discuss the recommendations of the 13th Finance
Commission which have been a departure from the previous
commissions for strengthening the local government finances.
(200 Words–10 Marks)
➢ Introduction:

Introduce the provisions of Article 280 of the constitution which provides

for a Central Finance commission which recommends the distribution of
net proceeds of taxes between the centre and the state.

➢ Body:

• How the recommendations of the 13th finance commission is a

departure from the previous commission with respect to the local
government.

• The recommendations of the 13th Finance Commission redefine the

existing structure of fiscal federalism in the country, setting the stage
for a different political dynamism by vesting greater powers with the
third tier of government,ie, the local bodies, both urban and rural.
• The recommendations of 13 th Finance commission will empower
local bodies by turning the grants they receive into an
entitlement, reduce the control that the state governments
exercise over them

• The Local Self Governments will get their grants on the basis of
their performance and their share from the tax revenues and
states will not have much powers on them.

• The commission also recommended to balance the share of

urban local bodies in total in total revenue.

➢ Conclusion:

Conclude with reference to the significance of Fiscal Devolution &

Fiscal Cooperative Federalism vis-a-vis Growth & Socio-Economic
Development.
Q4. ‘A national Lokpal, however strong it may be, cannot
resolve the problems of immorality in public affairs’. Discuss.
(200 Words–10 Marks)
➢ Introduction-

After a lot of resistance and public protests, the Lokpal and the
Lokayukta Bill, 2013 was passed in the Parliament. This has
brought focus on transparency and morality in public affairs.

➢ Body

A. Explain briefly the features of the legislation and its intent.

B. How it will address the issue and its intent.

C. Why will it not resolve issues of immorality

• Exclusion of judiciary.

• Not free from political influence due its appointment

process.

• Witness protection to whistleblowers still an issue.

 • No constitutional backing despite jurisdiction over
constitutional offices.

• The term immorality is subjective and is related to ethics, which is

often tough to codify into specific laws.

• Often in public service, an element of discretion is there

and this gives rise to situations where immoral behaviour
may be displayed. This cannot be solved through the
Lokpal Bill but through holistic training of civil servants.

➢ Conclusion

Matters of public mortality often cannot be built over

legislations. It requires holistic reforms in the space of training
and working conditions of individuals involved in public affairs.
Q5. Constitutional mechanisms to resolve the inter-state water
disputes have failed to address and solve the problems. Is the
failure due to structural or process inadequacy or both?
Discuss. (200 Words–10 Marks)
➢ Introduction:

Introduce mentioning that Inter-State River Water Disputes is

one of the federal disputes that finds mentioned in the
provisions of the Constitution Of India. (Article - 262)

➢ Body:

A. Article 262:

• Explain & Expand the Provisions of Article 262 and

Provisions of Inter-State Water Disputes Act 1956.

B. Structural inadequacy:

• No time frame for resolution of disputes.

 • Appeals under Article 136 leading to long drawn battles
(Cauvery, Krishna River Water disputes etc).

• No negotiation structure.

• No permanent structure for addressing changes in due

course of dispute like changing flow in river.

C. Process inadequacy

• Politicization of the dispute resulting in association of state

pride with river dispute

• Lack of negotiation obligation in policy.

Both the factors play their role. Structural inadequacy leaves

space for delay while political inadequacy fails to iron out the
issues in the resolution.
D. Suggestions:

• Inter-State River Water Disputes (Amendment) Bill, 2019

• Interlinking of Rivers

➢ Conclusion

Challenges posed by climate change may lead to further

disputes between the states and it is important for the Union
Government to frame dynamic laws which will lead to
cooperation rather than conflict.