Question : Describing the nature of ordinance, discuss the difference between an ordinance and an ordinary legislation. Do you think that ordinance has become a tool in the hands of the government to press for its political aspirations? Discuss. (200 words)
Answer : Ordinance is a law issued by Governor or President when the Parliament/Assembly is not in session. It will have the same bearing as a law issued by Parliament and has to be passed by both Houses of the Parliament within 6 months from the reassembly of Parliament for it to continue as law. If not passed by Parliament within such time it will cease to be a law.
Ordinance, simply put is a law made by the executive. In a democracy like India where in the principle of separation of powers, it is the prerogative of the legislature to make laws. However, if the Parliament is not in session and when such extra-ordinary unforeseen and emergent circumstances exist wherein the legislation can't wait, then the President is empowered under Article 123 to legislate by promulgating ordinances. Ordinances carry the full force of a law similar to the one made by the legislature which also implies that it has similar limitations like ordinary laws i.e., an ordinance is null and void if it violates fundamental rights etc. POTO (Prevention of Terrorism Ordinance) which later became POTA (Prevention of Terrorism Act) when the Parliament approved it in a joint sitting was an example of an Ordinance.
An ordinance is a law, and could introduce legislative changes. The Supreme Court has clarified that the legislative power to issue ordinances is ‘in the nature of an emergency power’ given to the executive only ‘to meet an emergent situation’. An example of immediacy can be seen in the ordinance passed in 2011 to give IIIT-Kancheepuram the status of an institute of national importance so that students could be awarded their degrees on completion of their course.
Data over the last 60 years indicates that the year 1993 saw the highest number of ordinances being passed, i.e. 34. In comparison, a fewer number of ordinances are now being issued. For example, in the last 10 years the average number of ordinances issued per year is 6.
There is thus a repeated and deliberate attempt to push through policy prerogatives by taking the ordinance route. Sometimes this has been justified on the grounds of delays by parliamentary committees and at others by giving reasons that do not seem to meet the “necessary… to take immediate action” test. To be fair, there have been instances where the use of the ordinance-making power has seemed more legitimate. One example would be the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Ordinance, 2010, which was promulgated to meet a deadline imposed by the Delhi High Court. Yet another would be the Indian Medical Council (Amendment) Ordinance, 2011, under which the government dissolved the Medical Council of India. Yet, the overarching narrative has been that of misuse, if not outright abuse. One check against this move may have been strong judicial review of the grounds on which ordinances are promulgated. The approach of the apex court has, however, been to protect the sanctity of this power of the executive rather than subject it to strict review.
Question : “Democratic decentralization cannot be operationalised in real terms without proper fiscal decentralization”. Elaborate. Discuss. (200 words)
Answer : The Centre and States have a symbiotic relation, more so in the financial arena. Although the rights of centre and states to mobilize resources through taxes and non-tax sources have been clearly delineated in the Constitution, the states allege that the buoyant and elastic sources are more under the control of the Centre.
The responsibilities of states to deliver welfare and development have increased overtime along with the Centre. It is important for democratic decentralization that the state governments are provided with sufficient opportunities to mobilize funds for these activities.
States carry on many of the vital development and welfare activities such as primary health-care, primary education, supply of potable water and essential infrastructure, including roads and electricity. Some of them have elaborate roadways services as well. All these programmes get financial support from the Centre and these programmes are also supplemented by Central programmes. In view of rising responsibility of the states it is important that they are allowed to mobilize resources for their financial needs.
The fundamental principles for devolution of funds from Centre to States are equity and efficiency. The states get funds from the Planning Commission for various development projects whereas they get their share from tax proceeds of the Centre through the Finance Commission. The transfer of resources from the Centre to the States is guided by certain principles, yet there is discontentment among states regarding inadequacy of funds.
It is also observed that the states which have developed their agriculture, industry, trade and commerce and services sector, their capacity to generate their own resources and spend on welfare and development is higher than those who have not been able to develop these sectors.
In such a situation the need for financial decentralization is strongly felt. States want more transfers from Centre and they also want more powers to mobilize resources.
The finance commission has now changed its role from being a paternalistic institution to an institution that promotes fiscal discipline and reward states which focus on development, hence its criteria of financial devolution has also changed over time.
As regards vertical transfer from divisible pool of taxes, the 13th Finance Commission recommended that the share of states in the net proceeds of shareable central taxes be raised from 30.5 per cent to 32 per cent. According to the thirteenth Finance Commission’s criteria, population has a weight of 25 per cent in horizontal devolution; area has 10 per cent, fiscal capacity 47.5 per cent and fiscal discipline 17.5 per cent.
The role of Planning Commission in devolving resources to the states is although formula based, political considerations lead to under financing and over financing. There is increase in recent times in non-formula based transfers, which has been criticized by the thirteenth finance commission.
If states are needed to maintain their expenditure on social sector and infrastructure it is important to give them power to mobilize additional funds from tax and non-tax sources. The vertical and horizontal devolution still remains controversial, especially the developed states who mobilize more resources, are critical of transferring more resources to backward states.
States demand expansion of the divisible pool from income tax and excise duty to other kinds of sources such as customs duty, service tax and corporate tax. They also insist that the large contributing states to the divisible pool of taxes should be rewarded for their revenue increase. But the role of central government is to provide support to the lagging states so that they not only cover their revenue gap but also development gap.
Besides excise duty and income tax, states want to include corporate tax, customs duty, and service tax in the divisible pool of taxes. The Centre is aware about the importance of financial decentralization, but it has its own compulsions. Its expenditure has also increased overtime, especially the non-plan expenditure. The Centre has revised its formula for the transfer of resources to states.
A number of states favour continuation of area as a criterion in the distribution formula, with some states suggesting an increase in the weightage and others suggesting a reduction. Continuation of tax effort and fiscal discipline as criteria for tax devolution has been suggested by the majority of states. Other criteria suggested by states include forest cover, length of international border, index of infrastructure, levels of backwardness, human development index, share of primary sector in Gross State Domestic Product (GSDP) of a state, contribution to central taxes and expenditure on social sectors and infrastructure.
Whatever be the criteria there is no doubt that democratic decentralization is possible only if the states have financial wherewithal for carrying out development and welfare activities and this needs financial decentralization. GST may be a good beginning in this respect.
Question : Lokayukta has failed to achieve its goal due to lack of uniformity among the provisions in different States. Justify the statement by comparing the provisions of Lokayukta of two States. (150 words)
Answer : The Lokayukta in Delhi can enquire into the allegation against public functionaries which include Chief Minister, Ministers, Member of Legislative Assembly, Members of the Municipal Corporation of Delhi, Chairman, Vice Chairman or Managing Director or a member of Board of Directors in respect of an Apex Cooperative Society or any Cooperative Society constituted or registered under the Delhi Cooperative Societies Act, 1972, a Govt. Company, a Corporation under the control of the Government, any Commission or Body set up by the Govt., a local authority established under any law in relation to Delhi, except DDA.
The allegations can relate to corruption, favouritism, nepotism, lack of faithfulness, abuse or misuse of position, possession of assets disproportionate to known sources of income, failure to act in accordance with norms of integrity and conduct and maladministration etc.
The Lokayukta is also invested with the powers to make suggestions for improvement in the practice or procedure which could afford an opportunity for corruption or maladministration.
The Lokayukta Act in Madhya Pradesh covers public servants of all categories making a few exceptions like Speaker and Deputy Speaker and Judicial Officers.
The Lokayukta has exclusive jurisdiction to enquire into complaints against the Chief Minister, Deputy Chief Minister, Ministers, Minister of State, Deputy Ministers, Leader of Opposition and Officers of the rank of Additional Secretary, Secretary and above. The Up-Lokayukt is empowered to enquire into all other cases except those in which powers vest, exclusively with the Lokayukt.
The term 'officers' includes officers of an Apex Co-operative Society or Central Co-operative Society, any person holding any office in a Government Company, a Corporation, local authority established by the State Government, Vice Chancellor, Registrar of a University, and any person appointed to a public service or post in connection with the affairs of the State of Madhya Pradesh. A member of Legislative Assembly is not covered for the purpose of enquiry though he is covered for investigation by the Special Police Establishment under SPE Act.
The Lokayukta or the Up-Lokayukta cannot enquire into any complaint the subject matter of which is more than five years old. They cannot also enquire into any case which is the subject matter of an enquiry under the Public Servant Inquiries Act 1950 or which has been referred for enquiry under the Commissions of Inquiry Act, 1952.
Question : Central Vigilance Commission was set up by the Government to propagate the principle of zero tolerance on corruption. What steps it has taken to combat corruption? Analyse the outcomes of these steps. (150 words)
Answer : The CVC has evolved over time as an institution to monitor corruption of government institutions and officials through initiating investigations since its creation in 1964. The CVC Act, 2003 conferred statutory status to the CVC and the powers to exercise superintendence over functioning of the Delhi Special Police Establishment, and also to review the progress of the investigations pertaining to alleged offences under the Prevention of Corruption Act, 1988.
The CVC publishes a list of cases where permissions are pending. The Commission, as a public authority provides information under the RTI Act to the citizens as requested regarding vigilance of institutions and officials on alleged corruption cases.
It has taken some new initiatives, including National Anticorruption Strategy, leveraging technology to prevent corruption, integrity in public procurement, awareness campaign, and provisions for whistle blowers, improving the standard of vigilance work, computerization of commission’s work, Modern Preventive Vigilance Framework and international cooperation, etc. All this has made some deterrence to corruption cases, but by and large its effect has been minimal because there are many limitations of the CVC.
Although CVC is relatively independent in its functioning, it has neither resources nor powers to inquire and take action on complaints of corruption that may act as an effective deterrence against corruption. The limitations include its advisory nature due to which government may accept or reject its advice, small size of sanctioned staff (299) as compared to large number of corruption cases (roughly 1500)pertaining to central government departments and ministries.
Further, the CVC cannot direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above on its own. Such permission has to be obtained from the concerned department.
It has no teeth as it does not have powers to register criminal cases. It deals only with vigilance or disciplinary cases. Although the CVC has supervisory powers over CBI, it does not have the power to call for any file from CBI or to direct CBI to investigate any case in a particular manner.
CBI is under administrative control of Department of Personnel and Training- (DoPT) with which lies the power to appoint, transfer, or suspend CBI officers. And appointments to CVC are indirectly under the control of Government of India, which has always raised suspicion that government prefers to appoint malleable officers.
Question : Parliament of India is more powerful than US Congress but less powerful than British Parliament. Elucidate (150 words)
Answer : The United States Congress is made up of two chambers the House of Representatives and the Senate that come together to alter current laws or suggest new legislation. The Senate amends and proposes legislation and scrutinises the executive. The Senate is meant to represent the states rather than the people, and acts as a check and balance on the House of Representatives. This can lead to 'gridlock', where the House of Representatives and the Senate disagree on an issue and no progress can be made.
Whereas in the Indian and the British Parliamentary system the majority party elects its Prime Minister who makes his cabinet from the members of parliament. This simply means that party members who are also members of parliament have got to support the government’s policies and programs all the time thus leading to smooth functioning of the government.
Further there is a system of judicial review in USA where every decision of the president can be challenged. India also has the provision of judicial review but the court can declare provisions ultra vires only if they are unconstitutional. Thus judicial review in India is limited in extent. Whereas in Britain there is no provision of judicial review, so every decision taken is implemented. This gives unrestricted powers to British Parliament.
Also in respect of budgetary proceedings in USA the Congress may not fully accept the budget proposals of the President. In India also there are provisions of cuts but as the ruling and majority party are same thus proposals are accepted as presented. Whereas in case of British Parliament the budget proposals must be accepted in the form in which they have been submitted.
Thus Parliament of India is more powerful than US Congress with respect to appointments, budget proceedings, and judicial review, passage of policies and programmes but less powerful than British Parliament.
Question : Why Civil Services fail to come up to expectations under a democratic set up? What essential steps are required to remove this discrepancy? (150 words)
Answer : Under a democratic set up Civil Servants are permanent executives. They are custodians of records, files and information. While displaying utmost neutrality they are expected to wholeheartedly implement the government policies and programmes. They are also expected to educate the ministers regarding rules, regulations, laws, etc.
Unfortunately civil servants did not display neutrality in their approach and behaviour leading to politicization of bureaucracy. Instead of rendering honest and correct advice to ministers, they started displaying pliability, partisanship, etc.
In order to ensure that bureaucracy meets the challenges of 21st century, it is essential that it returns to basics. We require a politically neutral bureaucracy but strong commitment towards government policies and programmes. India requires a competent and professional bureaucracy.
Question : Naxalism is a mere symptomatic manifestation of developmental-vacuum. Critically analyze. (200 words)
Answer : The word naxalism has its origin from the name of small village Naxalbari in West Bengal, where there was a Peasant Uprising in 1967 against the feudal land-lords to protect the land rights. Later the movement spread to outer economically less developed states of India. At present 83 districts across nine states are affected by naxalism or otherwise called left wing extremism.
The causes for spread of naxalism in India are due to regional disparity in socio-economic development of the country. People living in backward areas lack economic opportunities. There is deep sense of frustration and discrimination among these people against those better of neighbours.
Post-Independence, the land reform policy was not successful in some part of India. This has led to peasants joining the naxalite movement. This area is also rich in mineral resources.Indian Government’s decade long resource mismanagement and forceful acquisition of tribal lands for mining and hydro-electricity projects had made tribal land-less.
The Forest Protection Act of 1980 had given forest officials extra ordinary powers to regulate development and even habitations rights. The law essentially outlawed the existence of many tribal villages that had been in place for centuries. People who earned their livelihood through access to forest reserves in a sustainable manner suddenly found themselves outside the law.
Since independence, the replacement of tribals from their forest land and industrialization near mining rich areas has led to a greater divide between the tribals and non-tribals, leading to further feeling of deprivation among the resident tribals in the area.
Encashing upon unequal development, caste and class struggle, tribal alienation, mis-governance and void in governance, some opportunistic and politically motivated maoist leaders took the advantage for the spread of naxalism in others eastern part of the country.
Beside developmental vacuum, there are other reasons for the spread and growth of Naxalism. There have been increasing evidences of international maoist organization in the adjoining countries extending financial and ideological support to the Indian naxals. There are also evidence that the terrorist outfits and separatist movements in J&K and Northeast giving financial assistance to the Naxals.
Though there are other causes, developmental vacuum remains the major Northeast cause of concern. Hence, Indian government in 2009 announced a new nationwide initiative called Integrated Action Plan (IAP) for broad and co-ordinated operations aimed at dealing with the Naxalite problems in all affected states. This plan includes funding for grassroots economic development projects in Naxalite affected areas, as well as increased special police funding for better containment and reduction of Naxalite influence in these areas.
Question : Drone should be made an essential partner of modern day policing for urban metropolises. Do you agree? (200 words)
Answer : Drones are unmanned aerial vehicles (UAVs) fitted with high definition camera for aerial surveillance. Big cities metropolitan cities have a problem of continuous immigration and have growth in population. This increase put pressure on city administration and on police department for maintenance of law and order situations. There is not enough police force to provide quality surveillance and reduce the crime rates. Solution to check the crime rate can through the use of modern technology such as use of Drone for modern day policing.
Drones can be used for the surveillance of traffic on busy streets, to identify those persons who break traffic rules, to know the exact busy location through aerial surveillance.
It can be used to detect the location of crime suspects. Thermal sensor fitted on drones will be able to detect any suspected hiding criminals.
Videos and pictures captured by drones can instantly sent to police headquarters from where it can be sent to different police stations. These pictures are also used in verifying the police record of known criminal instantly.
Riots affected areas can be brought under surveillance through the use of drone. Those people who are involved in disturbing social harmony can be identified and arrested e.g., recently Delhi Police has used drone for keeping the surveillance in riot affected area of Trilokpuri.
Search for the missing peoples during occasions like fairs such as Kumbh melas can be carried out using this highly developed technology. Other use includes vigilance over election rallies, prevention of terrorist activities, and surveillance over illegal cross border migration.
But critics has warned that police or government may misuse it to spy on political opposition leaders, RTI activists thereby causing breach in privacy of individual. So there should be some regulation for its judicious and legitimate use.
Question : Indian Police force should use more of Social Networking sites to have two-way and continuous communication with the ordinary people. Bring out the ways of how to do the same and its benefits? (200 words)
Answer : Social Networking sites such as face book, twitter, whatsapp are continuously used by youth in most of the countries. The personal information provided on these sites, most of the time, are authentic as these are related to e-mails or SIM card information. These social networking sites have easy and instant accessibility through mobile and smart phone by using internet. These sites also provide facilities of video calling, text messaging, voice sharing, group chatting, etc.
Police department can use these services provided by social networking sites to connect with ordinary people specially youth of the countries. It will help the police department to get instant feed-back from the citizens about the law and orders situation in the society.
A special dedicated division in the police department should be created to deal with the complaints received through social networking sites. Law should be amended to accept the videos and pictures shared on these sites for permissible evidence. Complains given by citizen through social networking sites should be made admissible and can be recorded as first information report. Police department must use for the spread of awareness among the ordinary people about road traffic safety, female safety, awareness about the incidents due to drink and drive issues.
Benefits of using social networking sites:
Citizen Participation: Active participation of citizen in maintaining law and order situation, along with spread of awareness about social crimes, awareness about the rules and regulations.
Good Governance: It will help to save the quality time of police department and citizen in recording FIRs, collecting evidence, verifying personal details, etc. It will also help to reduce the corruption cases at lower level and can also help to identifying the officers who are involved in corruption.
Evidence Gathering and Data Sharing: It will help to save the time of police department in evidence gathering e.g., videos and photographs shared on Social Networking Service (SNS) can be considered as valid evidence. This evidence can be shared among the groups of police personnel on SNS for early investigation and identification of criminals.
So by the use of Social networking policing can prevent terror activities and develop good faith about law & order and justice among ordinary people.
Question : The problems in India's election system are a reflection of the inadequacy of the RP Act. Do you agree? Give reasons. (200 words)
Answer : The Representation of People Act, 1951 provided for the conduct of elections to the House of Parliament that is, the Lok Sabha (House of People) and the Rajya Sabha (Council of States) constituting the Parliament and the two houses of state legislatures in the States which had bilateral houses, i.e., Vidhan Sabha (Legislative Assembly) and Vidhan Parishad (Legislative Council) whereas some states had only one house, that is the Vidhan Sabha and no Vidhan Parishad.
The task of conducting free and fair elections has been entrusted to a "Central Election Commission". In part XV under the heading 'Election' containing Article 324 to 329 got place in the Constitution of India.
India stands as a model for many emerging democracies around the world.Free and fair elections are the hallmark of a well-functioning democracy.While we are justifiably proud of our democracy, there are a number of areas which need to be strengthened for us to realise the true potential of a well-functioning democracy.Our election system, from the selection of candidates, to the manner in which funds are raised and spent in election campaigns, are in dire need of significant changes.
There has been a growing concern over the years in India about several aspects of our electoral system.The Election Commission has made changes in several areas to respond to some of the concerns. There have also been a number of committees which have examined the major issues pertaining to our electoral system and made a number of recommendations. But there remain some critical issues that might need legislative action to bring about the required changes.
The criminalisation of our political system has been observed almost unanimously by all recent committees on politics and electoral reform. Criminalisation of politics has many forms, but perhaps the most alarming among them is the significant number of elected representatives with criminal charges pending against them. Two measures recommended are enforcement of the disclosure of criminal antecedents of candidates, and eligibility restrictions for candidates with criminal cases pending against them.
The financing of elections has become a major issue in the past few decades.It is widely believed that the cost of fighting elections has climbed far above the legal spending limits. This has resulted in lack of transparency, widespread corruption, and the pervasiveness of so-called 'black money'.
The conduct of elections also has a number of issues that need to be addressed. While the massive size of the electorate makes holding elections a daunting task, it should not serve as a justification for the presence of issues such as booth capturing, intimidation of voters, tampered electoral rolls, large-scale rigging of elections and other polling irregularities; the proliferation of non-serious candidates; and the abuse of religion and caste in the mobilization of voters.
Example of inadequacy of the RP Act which was corrected by Supreme Court:
A two-judge Supreme Court bench struck down Section 8(4) of the Representation of People's (RP) Act. Section 8(4) had provisions for convicted lawmakers to hold on to their seats provided they filed an appeal within three months of their conviction.
On 10 July 2013, the Supreme Court of India, in its judgement of the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India), ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a crime and awarded a minimum of two year imprisonment, loses membership of the House with immediate effect. This is in contrast to the earlier position, wherein convicted members held on to their seats until they exhausted all judicial remedy in lower, state and Supreme Court of India. Further, Section 8(4) of the Representation of the People Act, which allowed elected representatives three months to appeal their conviction, was declared unconstitutional by the bench of Justice A. K. Patnaik and Justice S. J. Mukhopadhaya.
Question : The relationship between the Union and the States is a relationship between the whole body and its parts. For the body being healthy, it is necessary that its parts are strong. In this context elaborate the relation between the Union and the States and methods need to be adopted to improve the Cooperative Federalism. (200 words)
Answer : The Union and the States relation can be dealt under three category – Legislative, Executive (Administrative) and Financial. Part XI of the Constitution of India deals with relations between the Union and States.
Legislative: Articles 245-255 of the Constitution of India deals with legislative Relationship. The scope of the application of the Federal Principle in India is to be determined by the scope of state legislation arising out of items included in the state list.
In concurrent list, once Parliament enacts a law on an item in this list parliamentary law shall prevail over any state law on the item. There is however one exception to this general rule. According to this a state law of the state legislature on any item in the concurrent list shall prevail over an earlier parliamentary law on the same subject, if the law is reserved for the consideration of the President and received his assent. This enables a state to pass a rule as advanced piece of legislation than an existing parliamentary law.
Administrative: Article 256-261 of the Constitution of India deals with administrative relation between the Union and the State. Besides, Articles like 262 (dispute relating to water) Article 263 (provisions with respect to interstate council) also talks about centre-state administrative relationship.
Financial: Articles 270, 273, 275 and 280 provide for the constitution of a Finance Commission to recommend to the President certain measures relating to the distribution of financial resources between the Union and the States.
Mechanism in the shape of Finance Commission was provided under article 280 for financial transfers from the Union. Its function is to ensure orderly and judicious devolution that is deemed necessary from the point of view of avoiding vertical or horizontal imbalances.
Carrying out the objectives of Articles 301, 302, 303 and 304, and other purposes relating to the needs and requirements of inter-state trade and commerce and for purposes of eliminating barriers to inter-state trade and commerce Parliament should establish an authority.
From time to time numbers of committees were set up to suggest methods to improve the Union and State relation. The committees are JVP Committee, Dhar Commission, States Reorgani-sation Commission (SRC), Rajamannar Committee, Sarkaria Commission and Second Administrative Reform Commission. But the recommendations of Sarkaria Commission are considered to be most important.
Improve cooperative federalism
Different procedures suggested for Governor’s removal are
Question : In the present development scenario, the local self-governing institutions in rural India spearhead a crucial role in the implementation of development programmes but fail to deliver. Discuss with respect to the major issues related to poor devolution of financial powers to local governments in the country. (200 words)
Answer : The government of India Acts 1919, 1929, 1935 pronounced the era of federalism by adding the concept of “Quasi-Federalism”
The 73rd Amendment Act and the provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) have explicitly codified the role of the Panchayat Raj Institutions (PRIs) with regard to the implementation of development programmes. But PRIs fail to deliver due to poor devolution of financial power.
Devolution of powers including fiscal power: Devolution of fiscal power to the PRIs reflected through the 73rd Constitution Amendment Act.
29 subjects under the 11th Schedule of the Indian Constitution will be devolved to the PRIs. However, the PRIs have provided a dismal scenario because of the failure of different states in this regard, particularly with respect to the devolution of fiscal powers.
73rd Amendment is vesting fiscal powers to the PRIs, the collection of tax revenue from local sources, preparation of plan for economic development, keeping the available resources in mind.
The State Finance Commissions (SFCs) were created to examine fiscal relationships between the states and PRIs as well as the Urban Local bodies (ULBs) with regard to the collection of tax revenues by the latter and to suggest the necessary recommendations thereon. However, state level experiences show that the effective functioning of these institutions with regard to rationalizing the fiscal relation between the states and local governments is questionable. The SFCs recommendations are largely ignored.
PRIs have to wait for sanction orders from upper level government departments for the implementation of welfare schemes and other developmental programmes. This hinders the timely and effective implementation of development programmes.
Efficient fiscal federalism depends upon not only clarity in the assignment system but also a clear mechanism (institution in place) when there is overlapping. However, in the case of PRIs, the intra and inter institutional coordination gap in the process of transferring funds to the PRIs is another challenging area in fiscal decentralization. The flow of funds from higher to lower tiers has become cumbersome affair because of undue delay, technical incompetency and an attitude of high-handedness.
States such as Kerala, West Bengal, Karnataka and Madhya Pradesh have devolved the desired powers to the PRIs; other states such as Odisha and Jharkhand are lagging behind in the process. Politicization of local democracy and the existence of structural impediments to the effective functioning of local self-governing institutions encourage the dominance of the local elite in these institutions. Such undemocratic practices and vested interests have hampered the spirit of “self-governing institutions” by reducing their functions as “implementing agencies” of government.
Question : What were the reasons cited by the then government to impose emergency? Do you agree with a view that those reasons are prevailing and are enough to proclaim emergency in today's India. (200 words)
Answer : The reason cited by the then government for proclaiming emergency in June 1975 under article 352 was grave danger to the internal security caused by serious internal disturbances. (The point to be noted here is that emergency on grounds of external aggression was already in force due to Indo-Pak war of 1971)
The Government cited threats to national security, as a war with Pakistan had recently been concluded. Due to the war and additional challenges of drought and the 1973 oil crisis, the economy was in bad shape. The Government claimed that the strikes and protests had paralysed the government and hurt the economy of the country greatly. In the face of massive political opposition, desertion and disorder across the country and the party, Gandhi stuck to the advice of a few loyalists and her younger son Sanjay Gandhi, whose own power had grown considerably over the last few years to become an "extra-constitutional authority". Siddhartha Shankar Ray, the Chief Minister of West Bengal, proposed to the prime minister to impose an "internal emergency". He drafted a letter for the President to issue the proclamation on the basis of information Indira had received that "there is an imminent danger to the security of India being threatened by internal disturbances". He showed how democratic freedom could be suspended while remaining within the ambit of the Constitution.
After a quick question regarding a procedural matter, President Fakhruddin Ali Ahmed declared a state of internal emergency upon the prime minister's advice on the night of 25 June 1975, just a few minutes before the clock struck midnight. As the constitution requires, Ms. Gandhi advised and President Ahmed approved the continuation of Emergency over every six-month period until her decision to hold elections in 1977.
Pre-Emergency Situation that provided Impetus for Mass Movement and Subsequently Call For Emergency
Question : Discuss the Doctrine of Basic Structure of the Indian Constitution. How Supreme Court has used this doctrine to limit the power of the Parliament? (200 words)
Answer : In April 1973, thirteen judges of the Supreme Court delivered eleven judgments in Kesavananda Bharati case and decided that Parliament can amend the constitution but has no power to amend the basic structure of the Constitution, and reversed its verdict in the Golak Nath case (1967), which had held that Parliament had no power to amend fundamental rights.
The basic structure doctrine is an implied rather than an express power under Article 368 of the Constitution.
It enabled judicial review of constitutional amendments which would damage the basic structure, or significantly alter the identity, of the Constitution.
It is now a distinctive and far-reaching form of constitutional case law which can include remedies, and has been extended to cases on fundamental rights, executive action including proclamations of emergency, ordinary legislation, and administrative law.
Given the nature of basic structure review, only a few cases have arisen, but it is now clear that Supreme Court rulings have established democracy, secularism, the rule of law, the separation of powers, and judicial review itself, as basic features of the Constitution.
On August 1, 1975, Parliament made the 39th Amendment to the Constitution. This introduced Article 329 A of the Constitution. The amendment was nullified by that all five judges declared it as it violation of the basic structure.
Conclusive statement: The latest judgment, delivered on January 11, 2007, by nine judges of the Court on the Ninth Schedule to the Constitution, the basic structure limitation has been stated to be “an axiom of our constitutional law.” An axiom means a self-evident truth. So be it. Whatever its origins, the basic structure theory plays a useful part in our constitutional jurisprudence. Parliament does not and should not have an unlimited power to amend the Constitution. However it is important to bear in mind infirm roots of the basic structure of the constitution and how predilections, chance, and accidental circumstances have played a greater part rather than any logic or conscious formulation of it.
Question : It is sometimes said that authoritarianism is best suited for sustainable growth of a diverse country like India. Do you agree? Justify. (200 Words)
Answer : The relation between a nation's politics and its economic prospects is one of the most fundamental and most studied subjects in all social science. Which is better for economic growth - a strong guiding hand that is free from the pressure of political competition, or a plurality of competing interests that fosters openness to new ideas and new political players?
If we consider the case of economic growth of East Asian countries like South Korea, Taiwan, China, theseseems to indicate a positive correlation between a single authoritarian rule and economic growth.But by looking at the fact that almost all wealthy countries-except those that owe their riches to natural resources alone -are democratic, the former claim that authoritarianism is precursor to economic growth appears to be blurred.Should political openness precede, rather than follow, economic growth?
By looking at systematic historical evidence, instead of individual cases, we find that authoritarianism buys little in terms of economic growth. For every authoritarian country that has managed to grow rapidly, there are several that have floundered. For every Lee Kuan Yew of Singapore, there are many like Mobutu Sese Seko of the Congo.
Democracies not only out-perform dictatorships when it comes to long-term economic growth, but also outdo them in several other important respects. They provide much greater economic stability, measured by the ups and downs of the business cycle. They are better at adjusting to external economic shocks (such as terms-of-trade declines or sudden stops in capital inflows). They generate more investment in human capital - health and education. And they produce more equitable societies.
Authoritarian regimes, by contrast, ultimately produce economies that are as fragile as their political systems. Their economic potency, when it exists, rests on the strength of individual leaders, or on favorable but temporary circumstances. They cannot aspire to continue economic innovation or to global economic leadership.
How Good Democracy is for India's (other developing countries) Economic Growth
For the true up-and-coming economic superpowers, we should turn instead to countries like Brazil, India, and South Africa, which have already accomplished their democratic transitions and are unlikely to regress. None of these countries is without problems, of course. Brazil has yet to recover fully its economic dynamism and find a path to rapid growth. India's democracy can be maddening in its resistance to economic change. And South Africa suffers from a shockingly high level of unemployment.
Yet these challenges are nothing compared to the momentous tasks of institutional transformation that await authoritarian countries. Don't be surprised if Brazil leaves Turkey in the dust, South Africa eventually surpasses Russia, and India outdoes China.
Thus we can conclude that the political set-up of a country not only determines its economic future but also global economic standing. More open the system is better will be the economic growth as freedom is necessary for development.
Question : A Constitution is not merely a statement of values and philosophy; it is about embodying these values into institutional arrangements. Elaborate with examples. (200 words)
Answer : The Constitution of India is not merely a statement of values and philosophy but provides peaceful, democratic means to bring about social transformation.
The Indian Constitution was designed to break the shackles of traditional social hierarchies and to usher in a new era of freedom, equality and justice.
The philosophy of the Indian constitution is committed to freedom, equality, social justice, and some form of national unity. But underneath all this, there is a clear emphasis on peaceful and democratic measures for putting this philosophy into practice.
Respect for diversity and minority rights: (Writ Jurisdiction of Supreme and High Courts), Basic structure provisions related to Minority rights. Article 14-18 of Constitution of India provides for right to equality which is ensured by reservation system for the weaker section. Equality has been guaranteed by the ‘Rule of Law’. To establish equality, our Constitution has provided for the Right to Equality as a Fundamental Right. The Indian Constitution ensures equality before the eyes of law to all persons, citizens and non-citizens. The Constitution also prohibits discrimination on grounds of religion, race, caste, sex, and place of birth or any of them. If this right is encroached by the State or any individual then the victim can directly approach the Supreme Court for redressal.
Further there are commissions such as National commission for SCs, National Commission for STs, National Commission for OBCs and National Commission for Women to address the issues related to these sections. There also exists dedicated Ministry/Department for Women and Children.
The Constitution of India also provides for Fundamental Rights of religious communities to establish and run their own educational institutions. Such institutions may receive money from the government. This provision shows that the Indian Constitution does not see religion merely as a ‘private’ matter concerning the individual.
The preamble of the Constitution of India declares India as a sovereign state. It is free from any external control. No foreign power can interfere in the internal affairs of India. India can determine its foreign affairs according to its free will.
Universal franchise, according to which, every adult citizen is entitled to cast his/her vote in all state elections unless that citizen is “convicted of certain criminal offences” or “deemed unsound of mind.” As per this concept, the right to vote is not restricted by caste, race, sex, religion or financial status. It is included in our Constitution to make the electoral process more participatory, inclusive and transparent.
Federalism by introducing the Articles concerning Jammu and Kashmir (Art. 370) and the North-East (Art. 371), the Indian Constitution anticipates the very important concept of asymmetric federalism.
Independent judiciary system along with Office of Comptroller-auditor-General, Rule of Law, universal adult franchise, periodic election system proves that India is a democratic country.
Question : Clinical trials are the new gold-mine for Indian pharmaceuticals companies. How the same can be regulated so as to make it non-exploitative? (200 words)
Answer : Lack of transparency, uncertain regulatory environment and unawareness of poor trial subjects has made clinical trials in India a new gold mine for pharmaceutical companies. Recently, the Supreme Court has laid down three principles for approving clinical trials, those are
To ensure adherence to the principles laid down by the Supreme Court and also giving impetus to the clinical trial industry in India, the entire regulatory framework pertaining to clinical trial needs to be overhauled and a clear, coherent and succinct set of standalone rules need to be introduced.
There should be three changes which are essential to put the clinical trial regime on firm foundation:
Each of these three aspects has been studied clearly by the Ranjit Roychoudhary committee.
Accreditation ensures adherence to certain quality standards thereby installing confidence not only in the patients who will be trial subjects but equally in the industry which is responsible for conducting trials.
To make ethics committee function effectively it is essential that ethics committees are accredited and also develop standard operating procedures that are capable of effective implementation. To follow such procedures, members of ethics committee need to undergo high quality mandatory training.
There should be effective protocols to ensure that informed consent is truly on the basis of relevant information. For this, CDSCO (the Central Drugs Standard Control Organization) had issued guidelines on audio – visual recording of informed consent process in clinical trials. This will help for the safe storage of informed consent along with keeping in mind the issue of patients’ privacy.
It is essential that the recommended reform together with better changes prepared by CDSCO are brought under consolidated umbrella of rules governing clinical trials. This will give the clinical trial industry the necessary certainity to undertake trials in studio with confidence. The benefits for India – in terms of development of new drugs, employment generation in clinical trial industry and ensuring a safe environment for its citizens desirous of participating in clinical trials.
Question : Right to secrecy is an integral part of a free and fair election. Elaborate the statement with respect to the NOTA provision embodied in the Conduct of Elections Rules, 1961 of India. Also discuss the positive and negative outcomes of the said provision. (200 words)
Answer : Under Article 326 of the Constitution states that the elections to the Lok Sabha and the State Assemblies shall be on the basis of adult suffrage. The Supreme Court has interpreted the right to vote as a corollary of the right to freedom of speech and expression guaranteed under Article 19(1) (a) of the Constitution.
The Conduct of Elections Rules, 1961, does provide for situations where a person decides not to vote. Rule 49-O states that if a person decides not to record his vote, then the presiding officer shall make a remark to that effect against his name in the register of voters and obtain the latter’s signature or thumb impression against such remark. But most presiding officers are unaware of this rule. But this is not safe for citizens since their identity of voter is revealed. It will ultimately ends as a threat to him since there is nexus between politician and criminals. So as a voter everyone needs to Right to Secrecy, based on this EC introduced NOTA button in the EVM, in which the voter’s identity is not revealed.
Supreme Court ruling in September 2013, was introduced the NOTA button that gives the voter the option to register that he/she has chosen none of the candidates on the ballot paper. However, it remains a symbolic gesture; irrespective of how many NOTA votes are cast, the winner is the candidate who gets the most votes, and there will be no re-election.
Advantages of NOTA
Disadvantages of NOTA
Question : “Sansad Adrash Gram Yojana” would have a domino-effect pulling India out of poverty. Do you agree? (200 words)
Answer : Sansad Adarsh Gram Yojana encourages members of parliament from both the houses to identify and develop one village from their constituency as a model village by 2016 and two more by 2019, covering over 2500 villages of the 6 lakh villages countrywide. There are 800 parliamentarians and in 3 years 2500 odd villages could get covered. If states were to initiate their own similar scheme with MLAs, 6000 to 7000 villages could get covered.
MPs have to identify one village with a population of 3000 – 5000 in the plains and 1000 – 3000 in the hills within a month for the convergence of existing scheme for the socio economic development of the area. MPs can choose any village except their own or their spouse’s.
According to the scheme, development of one village can affect an entire area and a viral effect of other villages taking inspiration from it and making their own developmental plan, could begin.
MPs are expected to facilitate a village development plan, motivate villages to take up the activities and use the Rs. 5 crore MPLAD fund to fill gaps for funds beside Corporate Social Responsibility in sewerage and water supply scheme.
The activities and outcomes will cover broad development indicators such as health, nutrition and education through organizing immunization drive, improving Mid-day Meal scheme, improving Aadhaar enrollment, setting up “smart schools” with enabled classrooms and e-libraries, improving panchayat infrastructure under scheme such as MNREGA and Backward Regions Grants Funds.
A series of measures will be taken for better implementation of existing the new schemes and laws including RTI Act, National Food Security Act, National Rural Livelihood Mission, Pradhan Mantri Jan Dhan Yojana. At the same time it emphasizes on the activities to improve hygenic behavior by encouraging bathing among the villagers, use of toilets and exercising for thirty minutes every day. It envisions social development in villages through identifying a village day, a village song, and focusing on alternative method of dispute resolution.
There will be real time web based monitoring and a first review after 5 months by an independent agency. There will be monthly review at District, State and at Central level with two national level committees to track the scheme.
SAGY aims socio-economic transformation, along with making government funds and facilities available to villages. It will help to inculcate a sense of pride, volunteerism and self-reliance in villages and pulling rural areas out of poverty.
Question : Explain about the functions of election agents, polling agents and counting agents. (200 words)
Answer : Functions of Election Agents: The candidate(s) and his/their election agent(s) may be present inside the polling station and at the counting of the votes. They should observe the same rules as applied to the polling agents and counting agents. An election agent, who wishes to observe the poll at a dedicated polling station situated in a prison other than a maximum security prison, must lodge an application in the specified form with the CEO at least 1 week before the polling day. Election agent may be present at a dedicated polling station situated in a prison if a polling agent has already been appointed by the same candidate for that polling station.
A duly appointed election agent has the authority to do everything a candidate is authorised to do for the purposes of the election except: anything a candidate is required to do in relation to his nomination, including the making of declaration accompanying the nomination, and the signing of the nomination form as the candidate being nominated. Other Functions include:
Functions of Polling Agents: The polling agents play a very important role in the actual conduct of the poll, which is the most vital part of the entire election process. The task of the Presiding Officer and the Polling Officers at the polling station will be made easy and smooth if the polling agents discharge their duties with a spirit of co-operation. For this purpose, they should know their functions clearly and carry them out intelligently under the law.
The main duty of the polling agents is to see that the interests of the candidates who have appointed them are safeguarded at the polling stations. Their other duties are:
Functions of the Counting Agents: Counting agents are entitled to be present throughout the count to observe the counting proceedings. They will be allowed by the Counting Supervisor or RO to stay close to and around the counting table to monitor the count. They are appointed to attend at the counting station to
Question : National Judiciary Appointment Commission and National Judiciary Accountability Bill is essential to maintain the high stature of Indian Judiciary. Critically analyze. “(200 words)
Answer : National Judiciary Accountability Bill provided for the constitution of the Notional Judicial Appointment Commission comprising of:
The above structure makes it clear that the executive will have an equal say in the appointment of the judges of the higher judiciary. The NJAC will be responsible for making binding recommendation to the President for appointing the judges of the Supreme Court and the various High Courts.
Some critics of the proposed laws has argued that the proposed laws vest excessive power in the executive, including a potential ability to Veto nominations, thereby impinging on the independence of judiciary. But, the composition of NJAC, in fact, favours of the judiciary. If any two of the three judges on the panel believe that the candidate is unsuitable for appointment, they can together Veto the elevation of such nominee. The Union government, on other hand, merely has single vote in NJAC, and cannot, by itself, place a proscription on any appointment.
The constitutional Sanction of NJAC will infuse in the process of judicial appointments greater transparency and an enhanced democratic involvement. The National Judicial Accountability Bill also provides the presence of full time staff, to aid the member of NJAC to arrive at considered decision.
The earlier collegiums system had (which were consisted of CJI and 4 senior most judges) evolved so that independence and separation of judiciary from the executive can be maintained. But since last two decades it appears that the collegium system of judicial appointments has resulted in the incompetent, inefficient and ethically compromised individuals being appointed as judges. There was wide spread nepotism and favouritism and judges were credited on the criteria of caste, religion, office affiliation, politicalconsideration and even personal interests. In fact, it was system of ‘self-nomination’.
The National Judicial Accountability Bill entails replacing the collegiums system with a Judicial Appointment Commission wherein executive will have a say in appointment of judges, thus bringing more transparency and accountability in judicial appointment procedure and maintaining the high stature of Indian Judiciary.
Question : Do the political parties are entitled to accept donations during the election process? (200 words)
Answer : According to section 29B of Representation of People’s Act, every political party may accept any amount of contribution voluntarily offered to it by any person or company other than a Government company provided that no political party shall be eligible to accept any contribution from any foreign source defined under clause (e) of section 2 of the Foreign Contribution (Regulation) Act, 1976.
Under Section 29C of Representation of People’s Act states that the treasurer of a political party or any other person authorized by the political party in this behalf shall, in each financial year, prepare a report in respect of the contribution in excess of twenty thousand rupees received by such political party from any person in that financial year
Furthermore, under Section 29-C of the RPA, it is made mandatory for the political parties to submit to the Election Commission a list of donations they received of over Rs. 20,000 in Form 24-A and where such a political party fails to submit a report then such political party shall not be entitled to any tax relief under that Act.
Under Section 293A (1) (a) of Companies Act, political parties cannot receive contributions from government companies. Besides Under Sections 3 & 4 of Foreign Contributions (Regulation) Act (FCRA), 1976, political parties are not permitted to accept contributions from foreign companies or companies controlled in India by foreign companies.
In 2003 the political parties are entitled to accept any amount of contribution from any person or company other than a Govt. Company. They have to report any contribution in excess of Rs. 20,000 to the Election Commission for making any claim to any income tax relief.
Recently FIR has been filed for accepting fund from foreign for election process on leading 2 political Parties (Congress + BJP) International funding not allowed (Vedantagroup is registered in foreign). Partial State funding recommended by Inderjit Gupta Committee to bring down criminalization of politics (is to reduce corruption).
Question : A Governor of a State is appointed by the President, and he or she holds office “during the pleasure of the President”. What does the phrase “pleasure of the President” depicts and list out the recommendations given by different committees on providing the security of tenure to the Governor. (200 words)
Answer : After the 16th Lok Sabha election, there has been some debate around powers of the central government to remove Governors. Which raises the question of constitutional provisions which states he/she holds office “during the pleasure of the President”
What does the Constitution say?
As per Article 155 and Article 156 of the Constitution, a Governor of a state is an appointee of the President, and he or she holds office “during the pleasure of the President”. If a Governor continues to enjoy the “pleasure of the President”, he or she can be in office for a term of five years. Because the President is bound to act on the aid and advice of the Council of Ministers under Article 74 of the Constitution, in effect it is the central government that appoints and removes the Governors. “Pleasure of the President” merely refers to this will and wish of the central government.
The Supreme Court’s interpretation
In 2010, a constitutional bench of the Supreme Court interpreted these provisions and laid down some binding principles (B.P. Singhal v. Union of India). In this case, the newly elected central government had removed the Governors of Uttar Pradesh, Gujarat, Haryana and Goa in July, 2004 after the 14th Lok Sabha election. When these removals were challenged, the Supreme Court held:
In summary, this means that the central government enjoys the power to remove Governors of the different states, as long as it does not act arbitrarily, without reason, or in bad faith.
Recommendations of Various Commissions
Three important commissions have examined this issue.
The Sarkaria Commission (1988) recommended that Governors must not be removed before completion of their five year tenure, except in rare and compelling circumstances. This was meant to provide Governors with a measure of security of tenure, so that they could carry out their duties without fear or favour. If such rare and compelling circumstances did exist, the Commission said that the procedure of removal must allow the Governors an opportunity to explain their conduct, and the central government must give fair consideration to such explanation. It was further recommended that Governors should be informed of the grounds of their removal.
The Venkatachaliah Commission (2002) similarly recommended that ordinarily Governors should be allowed to complete their five year term. If they have to be removed before completion of their term, the central government should do so only after consultation with the Chief Minister.
The Punchhi Commission (2010) suggested that the phrase “during the pleasure of the President” should be deleted from the Constitution, because a Governor should not be removed at the will of the central government; instead he or she should be removed only by a resolution of the state legislature.
The above recommendations however were never made into law by Parliament. Therefore, they are not binding on the central government.
Question : Indian labour laws are colonial in mind-set and needs an acute revamp so as to make the “make in India” concept successful. Bring out the finer details of the statement considering some of the recent changes made into the wider domain of Indian labour law and social security regime? (200 words)
Answer : The reason for the recent amendments in the labour laws is that they have been outdated and redundant. Amendment in these laws will be giant step toward achieving both political and economic innovation in the labour reforms. India needs flexible labour laws to ensure freedom from unemployment where as many as 12 million are added to the workforce annually. Changes in the labour laws will pave the way for each state to have their own socio-economic background and take decisions to create more jobs within their boundaries.
Some of the provisions of proposed amendments are:
Impact of the Changes:
Question : “Enforcement of a rigid conception of separation of powers would make modern government impossible.” Substantiate with examples. (200 words)
Answer : Article 50 lays emphasis to separate judiciary from executive. But in practice we find that the executive also exercises the powers of judiciary in appointment of judges. (Article 124, 126 & Article 127). The legislative (either House of Parliament) also exercises judicial function in removal of President (Article 56) in the prescribed manner. Judiciary also exercises legislative power; High Court and Supreme Court are empowered to make certain rules legislative in character. Whenever High Court or the Supreme Court finds a certain provision of law against the Constitution or public policy it declares the same null and void, and then amendments may be incorporated in the legal system. Sometimes High Courts and Supreme Court formulate the principles on the point where law is silent. This power is also legislative in character.
The Indian Constitution has not indeed recognized the doctrine of separation of powers in the absolute rigidity but the functions of the different parts or branches of the Government have been sufficiently differentiated and consequently it can very well be said that our Constitution does not contemplate assumption by one organ or part of the State of the functions that essentially belong to another.
Dr. B.R. Ambedkar disagreeing with the argument of Prof. K.T. Shah who advocated the insertion of a new Article 40-A concerned with the complete separation of powers, advocated that, there is no dispute whatsoever that the executive should be separated from the judiciary. With regard to the separation of the executive from the legislature, it is true that such a separation does exist in the Constitution of United States; but many Americans themselves were quite dissatisfied with the rigid separation embodied in the American Constitution between the executive and legislature. There is not slightest doubt in my mind and in the minds of many students of Political Science, that the work of Parliament is so complicated, so vast that unless and until the members of the Legislature receive direct guidance and initiative from the members of the Executive, sitting in Parliament, it would be very difficult for Members of Parliament to carry on the work of the Legislature.
Question : Dividing mandate between a particular minister and the GoM made for deciding on a specific policy that is prerogative of that minister is not a good administration protocol. Explain. (200 words)
Answer : Group of Ministers and Empowered Group of Ministers get appointment under the government of India's Transaction of Business Rules 1961. GoM & EGoM were meant to operate as a single window clearance on issues related to various ministries with the objective of expediting policy making. The decision taken by GoM has to be reviewed by the Cabinet before it becomes final decision. GoM was specially created to reach the consensus in taking decision on matter involving various ministries and to encourage proper co-ordination and cooperation among different ministries.
GoM has been criticised for slowing down the decision making process. Functions and authority of the specific ministry has been decreased after the establishment of GoM. Ministries were less accountable for taking any decision in a time bound manner. Most of the times there was status quo on the matter where consensus had not reached, further delaying decision making process. Sometimes the consensus has not arrived due to lack of cooperation and coordination among various ministries.
Recently, the present government has abolished all GoM & EGoM to the individual ministry and department. This will also help to expedite the process of decision making and improve the accountability in the system.
Question : The scope of alternative dispute redressal mechanisms should be explored for delivering real and speedy justice. In this context discuss the major issues in functioning of such institutions in India. (200 words)
Answer : Alternate Dispute Resolution the conventional Courts use formal system of redressal applying various rules of law, as we have erstwhile mentioned that our system is adversarial. The concept of Conflict Management through Alternative Dispute Resolution (ADR) has introduced a new mechanism of dispute resolution that is non-adversarial.
A dispute is basically ‘is inter parties’ and the justice dispensation system in India has found an alternative to adversarial litigation in the form of ADR Mechanism in which two parties contest their case and one party wins and the other party loses, but in case of alternate dispute resolution (Section 89 – Code of Civil Procedure), which can be categorized in four broad heads which are- arbitration, mediation, conciliation and Judicial settlement including settlement through Lok Adalat.
An elaborate codified recognition to the concept of arbitration and conciliation is given in India by the enactment of the Arbitration and Conciliation Act, 1996. Its emergence is one of the most significant movements, both in terms of judicial reforms as well as conflict management.
ADR thus offers an alternative route for resolution of disputes. ADR is simple, cheaper, quicker and less stressful to all parties, in comparison to adversarial litigation. The emphasis in the ADR, which is informal and flexible, is on “helping the parties to help themselves”. While encouraging ADR mechanisms, we must create a culture for settlement of disputes through these mechanisms, unless the members of the Bar encourage their clients to settle their disputes through negotiations, such mechanisms cannot succeed.
Question : What do you mean by people-centric Government? (200 words)
Answer : People centric government functions according to need of people and societal requirement. Such government tries to identify people’s problems, the ground realities, statistical data, etc. and formulate the plan and policy which can be implemented according to needs and requirements of people so that optimum benefit can be provided without much delay and any waste of resources. Such government tries to formulate policy taking consideration of demands from different sections of society.
Budget allocation and its formulation are done according to priorities which are set after a thorough survey in the society. Those sections of society which are lagging behind, for them special allocation of budgetary fund is given.
Ministries and departments are structured such that they can coordinate with each other to deal with different issues of the society in a holistic approach. Secretaries and personnel who got appointed to such ministry must have awareness about societal problems. They are supposed to act taking into consideration of different demands of people. They have obligation to provide good governance through people friendly approach.
Such governments try to modify its structure so that it can work to provide much of its services in a people friendly manner and according to comfort level of people.
Few of the examples whose government has shown people centric approach are (i) Use of Electronic Voting Machine to involve all people in election process with ease and (ii) Public Distribution System, where food grain are distributed to under privileged people of society.
Question : “An informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the government more accountable to the governed”. Elaborate the statement with respect to the Right to Information Act and list out the steps needed to remove various structural, procedural and logistical issues related to it. (200 words)
Answer : There are a number of structural, procedural and logistical challenges which the citizen face.
Issues faced by Citizens
Low public awareness: While the Act has been clear in defining the responsibility of the appropriate Government, with respect to creating awareness on the Act, there has been lack of initiative from the Government’s side. The efforts made by appropriate Governments and Public Authorities have been restricted to publishing of rules and FAQs on websites. These efforts have not been helpful in generating mass awareness of the RTI Act. As compared to RTI Act the common citizens (and disadvantaged communities) are significantly more aware of other Government schemes focused on socio-economic development.
Constraints faced in filing applications: It is clear that the appropriate Governments and the Public Authorities have taken inadequate steps to make the RTI process citizen-friendly. The process of RTI application submission has not been designed keeping in view the needs and convenience of the citizens.
Poor quality of information provided: Quality of response provided can be a direct consequence of: the record management practices within the Public Authority, the transparency in its processes, the training provided to the concerned PIO, drafting of the RTI application itself.
Issues faced by PIOs
Failure to provide information within 30 days: As per the Act, the information has to be provided within the stipulated time. However the PIOs that they are challenged to provide the information within the stipulated time due to inadequate record management procedures with the Public Authorities. It is a known fact that the record keeping process within the Government is a big challenge. This situation is further aggravated due to non-availability of trained PIOs and the enabling infrastructure (computers, scanners, internet connectivity, photocopiers etc.). Public Authorities need to meet the requirements of the RTI Act to review their current record keeping procedures and other constraints and plan out the resources.
Inadequate trained PIOs and First Appellate Authorities: The training of PIOs is a big challenge primarily due to huge number of PIOs to be trained and frequent transfers of PIOs to other posts. The training institution also poses a huge constraint with respect to the availability of training resources. Also, it was observed that in the current manner of providing training, there is a low involvement of the Public Authority and an inadequate sense of urgency in getting their PIOs trained.
Obsolete record management Guidelines: The current record management guidelines at Centre and in most states are not geared to meet the requirements specified under the RTI Act, there is lack of any electronic document management system in any of the Departments (basis the Information Provider Survey) and majority of the PIOs do not even maintain the list of RTI applications electronically.
Non-availability of basic Infrastructure: The issue of implementation of the RTI Act at an operational level rest with the Public Authority. The appropriate Government and Information Commission can play only a facilitative and adjudicative role. Unless the Public Authorities assess the issues of implementation and identify resources required, there would not be any focus on implementation. The ARC report had mentioned that Government of India may allocate one per cent (1%) of the funds of the ‘Flagship Programmes’ for a period of five years for improving the infrastructure requirements. However this has not been implemented.
Lack of Monitoring and Review mechanism: One of the most important roles of the Information Commission is to monitor and review the Public Authority and initiate actions to make them comply with the spirit of the Act. However this has been one of the weakest links in the implementation of the Act. It is acknowledged and appreciated that the Information Commissions have been primarily been spending most of their time in “hearings” and disposing of appeals. However monitoring the Public Authority for compliance of the Act is also an important aspect of the role of the Information Commission, which could result in reducing the number of appeals.
Question : “To meet the needs of contemporary society and the aspirations of the public demand, civil servants today have to be equipped to tackle the political, scientific, social, economic and technical problems of our time”. Elaborate the statement to define the role of Civil Services in a Welfare State. (200 words)
Answer : In a welfare state the government assumes and aims at improving the quality of life of its masses and the responsibility of its citizens from ‘womb to tomb’. It tries to bring about ‘social, political and economic justice’. Civil Servants are responsible for translating the policies and programmes formulated by the political authority. The quality of the citizen’s life depends on the attitude and performance of bureaucracy. Moreover, in all walks of life of a person, bureaucracy plays a very significant role.
Since the independence of India, the civil servants have been confronted with many challenges, and their responses have attracted scholarly investigations. Post-Independence, National Government took up the task of modernizing India through industrialization and undertook to provide all the amenities of modern life to the citizens. Keeping in mind the democratic values of life of freedom and consent, a new egalitarian society was to be established.
The greatest challenge before the civil servants today is to adjust to the new role of the Government from regulatory role to facilitator role, since opening up of economy. Due to the over regulatory nature of the government, the administrative system has developed vested invest in the continuation of the old regime.
What should the bureaucracy do to meet the new challenges?
Question : In a democracy the ultimate Sovereign is Citizen. Justify. (200 words)
Answer : According to Abraham Lincoln, democracy is the form of government of the people, for the people and by the people. In a democracy, people elect their representative through election process. This elected member will represent the will of these people who have elected him, directly or indirectly in a parliament. These representatives make the laws and take the decision on the behalf of citizens. The constitution, which is considered as sovereign text to govern the country, is drafted by the special constitutional assembly made for this purpose. The members of this constitution assembly are elected by the citizens directly or indirectly. The basic provision in the constitution such as fundamental rights, fundamental duties, preamble, have a major focus on citizens i.e., Citizen-Centric. The Constitution provides the rights to the citizen and remind them their duties toward the nation.
The three pillars of government i.e., the executive, the legislature and the judiciary have basic aim of serving the people and protecting the constitution. The legislature which consists of representatives elected by the people to make laws ultimately remains accountable to citizens.
The executive which may be (i.e., parliamentary form of democracy) or may not be (i.e., presidential form of democracy) the part of legislature. It has the duty to govern the state according to the provisions of the Constitution and make the policies and schemes for the betterment of citizens.
The Judiciary which acts as a protector of the Constitution also Act as a protector of individuals fundamental rights. There is provision in the Constitution for judicial remedy under Article 32, by which a citizen can approach the Supreme Court for the violation of fundamental rights. Judiciary can declare an Act made by the parliament as void if it violates the person’s fundamental rights (with exception) or if it’s against basic structure of the Constitution. The basic structures are those features of the constitution which directly or indirectly protect the rights of citizens.
Citizens, with the help of media, NGOs and pressure group tries to influence the executive and legislature to make the laws which are citizen friendly, and which help them to achieve optimum economic development.
Question : Outdated regulations that continue to remain on statute books leads to slack enforcement which in turn leads to corrupt and unethical practices and the objectives of the legislations are also not met. (200 words)
Answer : 20th Law has been appointed under the Chairmanship of A.P Shaw to Legal reform. The Commission has undertaken project titled “Legal Enactment Simplification and Streamlining”(LESS), to prepare report on laws, rules, regulations which need to be repealed and amended. There are 1145 regulations and laws which are outdated and needed to be repealed according to 20th law commission findings. Some laws were enacted during British Raj which doesn’t have any relevance in contemporary still prevail in law books like Hindu widows remarriage Act.
Further Law commission stated that India is an over-regulated country, but many of the regulations are not implemented in right earnest the reasons include – the sheer number of such regulations, outdated regulations that continue to remain on the statute book, the tendency to over-legislate-as a result the legislation becomes an end itself and the complex procedural formalities stipulated in these regulations. It is, therefore, necessary to have a detailed scrutiny of all laws and regulations – Union, State and Local – followed by repeal of unnecessary regulations, updation of outdated ones and simplification of the procedures so that compliance becomes easy.
Regulation to be effective: One of the consequences of a large number of regulations has been the poor standards of their enforcement. Social legislations are classic examples of this. Slack enforcement leads to corrupt and unethical practices and the objectives of the legislations are also not met. Another reason for the poor enforcement of some regulations is the lack of attention to building capacity in the agencies entrusted with enforcement of such regulations.
For example: AFSPA which gives protection to unethical security person committing rape and murder.
Example: Outdated juvenile act which protects persons committing heinous crime in the name of juvenile (AGE CEILING- Delhi gang rape case) Hence, regulatory procedures to be simple, transparent and citizen friendly: systemic reforms are needed so as to minimize the scope for corruption. These include simplifying transactions, using IT, promoting transparency, reducing discretion, effective supervision etc.
Commissions formed to review outdated laws are as follow:
Recommendation summary of the above mentioned commissions to minimize corruption
Information and Communications Technology (ICT) has enabled governments and their different units to provide information and deliver services to citizens in a faster, more efficient and transparent manner. In fact, different governments are now providing a web-enabled single window interface for all governmental organizations.
Government organizations should adhere to the principles while performing regulatory functions.
Government agencies, whether regulatory or developmental, should introduce the Single Window Agency concept within their organizations to minimize delays and maximize convenience to citizens. Government as a whole should draw a roadmap with timelines for expeditious creation of a single window at the local level for provision of all developmental and regulatory services to citizens.Question : Bring out the salient features of Shayma Prasad Rurban Mission? (200 words)
Answer : Shyama Prasad Mukherji Rurban Mission which was announced in Union Budget 2014, aims at providing urban amenities in rural areas. It was announced to launch for tackling the problem of rural to urban migration and thus reducing the pressures on the city administration and resources.
It is guided by the idea of providing urban amenities to rural areas while preserving the ethos of the villages.
The mission seeks to lay thrust on integrated project-based infrastructure in the rural areas and provide for income generation avenues and skill development. Thrust will be on integrated planning, electronic connectivity, skill development and livelihood (opportunities) apart from sanitation.
It is based on the Rurban concept of Gujarat state government which seeks to combine traditional knowledge and practices with modern technologies.
In the first phase of Rurban, Rs. 100 crores will be spent in three identified projects in Warangal district of Andhra Pradesh, Sangli and Buldhana district of Maharashtra.
Providing urban amenities to rural areas (PURA) was a brain-child concept of former president Dr. A.P.J. Abdul Kalam and was launched in a pilot phases by Rural Ministry from 2004-05 to 2006-07, but the scheme never achieved its full potential.
Question : “Minimum Government and maximum Governance” is the best outlook for managing the gross realities and complexities of present day India? Justify with optimum points? (200 words)
Answer : The new Government at the centre, which has adopted the policy of minimum government and maximum governance, has its origin in ‘The New Public Management’ perspective which has emerged out of the Thatcherism (Britain) and Reaganomics (USA) of the 1980s. The New Public Management aims at 3E’s.
The term ‘Minimum Government’ includes many other concepts like reducing size of government, reducing and rationalizing public expenditure, shift from direct provision of service by government to indirect methods like policy making, facilitating, contracting, coordinating other actors. It includes catalysing the public sector, private sectors and NGO’s into action to solve societal problems.
India’s public expenditure to the GDP ratio is about 27% while fiscal deficit for 2013-2014 in budget estimate was 4.8% of GDP. Rationalizing expenditure (e.g. identifying and providing the benefit of flagship scheme to the neediest person) will help for achieving the objective of inclusive development within the overreaching frame work of fiscal consolidation.
Maximum governance, here, implies improving accountability and strengthening good governance. It includes modernising administrative systems and practices to make government functions more efficient and responsive. To make the government more efficient & effective, here, the focus should be on improving functioning of government along with careful monitoring and assessment of important categories of public expenditure (e.g. use of Aadhaar card, Direct Cash Transfer scheme, etc.).
Maximum governance also includes improving law and order situation and alleviating dicision making process through panchayat and municipalities (i.e. decentralization).
Thus by minimum government and maximum governance means government is going to engage itself in steering rather than rowing i.e., act like a facilitator rather than service provider.
Below are few examples:
Question : The principle of subsidiarity should be followed while deciding on the implementation machinery for any program. (200 words)
Answer : The implementation of programme involves various cycles like planning, implementation and evaluation, where implementation of programme is action phase.
During implementation administrator may involve in issuing and enforcing directives, distribution of funds, awarding grants and contracts, analysing programmatic and organizational problems, negotiating with all the stakeholder involved in programme.
Here comes the principle of Subsidiarity to be followed in implementation of programme, which is recent concept evolved in the European region, to follow the middle-path between the extremes of gross laissez faire and oppressive control by the state.
Though it Eurocentric and alien the idea has got lot to re-engineer the relationship between higher form of governance to lower ones like Center-state relation, state-local body relation, head office and regional office relation.
The principle of subsidiarity has been associated with the idea of decentralization. In its most basic formulation, it holds that social problems should be dealt with at the most immediate (or local) level consistent with their solution.
In decentralization the principle of subsidiarity often is invoked. It holds that the lowest or least centralized authority which is capable of addressing an issue effectively should do so. Decentralization, or decentralizing governance, refers to the restructuring or reorganization of authority so that there is a system of co-responsibility between institutions of governance at the central, regional and local levels thus the principle of subsidiarity increasing the overall quality and effectiveness of the system of governance, policy implementation while increasing the authority and capacities of sub-national levels/ local level.
The aim of subsidiarity principle to take all decisions to the closest to the citizens as our PM mooted interaction with public at grass root level through All India radio to make public policy programme an all-inclusive rather than elite political class debate in parliament.
In the same way the higher form of Governance should be in role of assisting lower ones than commanding and control over in public policy implementation programme.
The application of this principle might bring in the much-needed empowerment in all walks of life and reduce transaction time and costs, apart from other collateral benefits.Question : A key deficiency of Plan programmes is that they continue to function within the confines of departmental silos without requisite convergence and with a high degree of duplication of effort. Do you agree? Elucidate with suitable examples. (250 words)
Answer : In India planning of programmes are operationalised under different ministerial and department heads. Every ministry or department prepares its plan separately and finally required expenditure request send to finance ministry. The formulation of plans has not incorporate the comprehensive and inclusive method, lacking of integrated approach leads to the duplication plans and expenditure incurred on them.
Some examples of plan duplication are:
In the planning programmes their needs to be inclusive and co-operative approach of various ministry to prevent duplication and improve efficiency and effectiveness of programmes.
Question : Explain the mandate composition and structure of the Competition commission of India and also discuss its role in protecting the interests of consumers. Give suitable example to support your answer.(250 words)
Answer : The Competition Commission of India (CCI) was established under the Competition Act, 2002 for the administration, implementation and enforcement of the Act, and was duly constituted in March 2009. The following are the objectives of the Commission.
The Competition Commission of India consists of a Chairperson and not less than two and not more than six other Members. Under Section 18 of the Competition Act, the functions of the Commission inter-alia are to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade carried on by other participants, in markets in India. Ashok Chawla is the current Chairperson of the CCI.
Competition is the best means of ensuring that the 'Common Man' or 'Aam Aadmi' has access to the broadest range of goods and services at the most competitive prices. With increased competition, producers will have maximum incentive to innovate and specialize. This would result in reduced costs and wider choice to consumers. A fair competition in market is essential to achieve this objective. Our goal is to create and sustain fair competition in the economy that will provide a 'level playing field' to the producers and make the markets work for the welfare of the consumers.
In 2010, CCI instituted a probe to examine if there was any cartelisation among traders when onion prices touched 80 rupees, but did not find sufficient evidence of market manipulation.
More recently, in November 2015, while probing whether there is cartelisation among carriers in fixing price of air tickets. CCI ruled that capping of airfares will violate competition norms as it stifles the movement of market forces and the prices have to be determined by the market forces as the sector is deregulated. Following CCI imposed a fine of INR 258 crore upon Three Airlines. Competition Commission of India (CCI) had penalised the three airlines for cartelisation in determining the fuel surcharge on air cargo. CCI Chairman, Mr. Chawla observed that when something is deregulated and the market forces are supposed to determine it, then capping of pricing is not in sync with the philosophy of deregulation.
Question : Cooperatives contribute to the development of social capital. Elaborate and discuss how Indian constitution has created a new kind of movement in cooperatives? (200 words)
Answer : The objective of constitution (97th constitutional Amendment Act, 2011) is to enhance the public faith in cooperatives and insulate from political and Bureaucratic interface.
The changes made through this constitutional amendment are
In part III of constitution under article 19(1) (c) the word “cooperatives” are added after the word “Unions” to ensure cooperatives as a Fundamental right.
In part IV of constitution a new article has been inserted saying “the state shall endeavor to promote voluntary formation, autonomous functioning, democratic control and professional management of the cooperative societies”
After Part IX A of the constitution, Part IX B was inserted to accommodate state and centre’s roles.
Contribution to Social Capital
A cooperative is a voluntary autonomous association of people designed to meet their common economic, social and cultural needs through a jointly owned and democratically managed organization. Cooperative movement can be defined as a voluntary movement of people to carry out a given economic activity through a democratically controlled enterprise by pooling together their resources with the purpose of securing certain benefits to the members and promoting certain values such as mutual help, self-reliance, self-management and general good for all.
The objective of cooperative movement in India is too pool the resources and share the benefit obtained from it, it’s a win-win situation for all those involved in cooperative societies. By this the people in rural background are able to access the economic benefit and have better social value in their respective societies.
In case of Maharashtra Sugar mill and Milk cooperatives in Gujarat are very successful and became a source of inspirational to many cooperatives which initiated later on.
With the enactment of 97th Constitution Amendment Act, the Constitution has made cooperatives as Fundamental Right, so by this every citizen has constitutional mandate now. Earlier such provision where not present where cooperatives were exploited by political and Bureaucratic Class.
The new cooperative movement initiated by the Constitution is to make cooperatives function independently with greater autonomy without interference of elite class, so that such movement takes new shape in contributing for the grass root Socio-economic development as Panchayati Raj (73rd constitutional Amendment Act) provided for grass root governance.
Question : With the help of the examples of the process of formation of Constitution in India and South Africa, elaborate why we need a constitution and what do constitutions do to the mankind? (200 words)
Answer : Constitution is the supreme law of land which governs the country based on the provisions and every one must act according to the provisions and principles in it.
The Constitution making process of India and South Africa are very similar in certain ways like India was under the control of British for 200 years, so our founding father chose parliamentary of government, in the same way South Africa was struggling from apartheid rule to overcome this their country also Chose Parliamentary of government to make all inclusive. The process took almost two years for both the countries. Both the constitution makes their respective constitution as supreme law of the Country.
Need of Constitution
Relevance to mankind
Question : "The largest constituency of Indian workforces is in the unorganized sector still they are not benefitted by the welfare schemes of the governments" Critically examine the statement and also discuss the measures taken by the government to address their plight. (250 words)
Answer : Unorganized sector means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten
Problems of Informal Sector
Steps Taken - Social Security Act (2008)
Question : What are the key provisions of the Model Code of Conduct? Whether the Model Code of Conduct should be made legally binding? (200 words)
Answer : Key Provisions of Model Code of Conduct are as follow:
MCC Legally Binding: MCC is a set of guidelines framed by Election Commission after consulting all political parties to conduct free and fair election in India. These are set of guideline which are accepted and followed by political parties during the election to make it free and fair. If these guidelines are made into law, then EC loses its independence in conducting election where judiciary will become more dominant in conducting elections.
Some experts are of opinion that MCC shouldn’t be legally binding, if it is done then the morally following principles by political party will be legalized and again Role of EC would get diminished. If the same made legally binding, it has to be dealt by the judiciary, which would make EC less powerful. It will also endanger the independence of EC and will affect the election procedure.
Question : Critically analyse the objectives and the features of Sansad Adarsh Gram Yojana.
Answer : The Saansad Adarsh Gram Yojana was launched last week, for the development of model villages.Under the Yojana, Members of Parliament (MPs) will be responsible for developing the socio-economic and physical infrastructure of three villages each by 2019, and a total of eight villages each by 2024.
Objectives:
Features of Saansad Adarsh Gram Yojana:
The detailed blueprint of this ambitious project has been prepared by the Rural Development Ministry with the following essential features:
Question : “The Parliamentary Privileges are sum of the peculiar rights enjoyed by each house collectively and individually, without which they cannot discharge their functions, and which exceed those possessed by other bodies or individuals”. In this context discuss the parliamentary privileges provided in Indian Constitution. (200 words)
Answer : Parliamentary privileges that are enjoyed by each House are as follw:
Freedom of speech – It is guaranteed to parliamentarians what he speak in the House, voting which are not subjected to judicial proceedings U/A 105.
On the contrary freedom of speech is guaranteed under Article 19 (1) (a) to all citizen of India. This is different from that of Art 105, which provides freedom of speech to parliamentarians.
Freedom from Arrest-This privilege is provided only in case of civil arrest this doesn’t apply in case of criminal cases.
Other privileges are as follow
immunity to a member from any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof; immunity to a person from proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. Courts are prohibited from inquiring into the validity of any proceedings in Parliament on the ground of an alleged irregularity of procedure.
No officer or Member of Parliament empowered to regulate procedure or conduct of business or to maintain order in Parliament can be subject to a court’s jurisdiction in respect of exercise by him of those powers.
No person can be liable to any civil or criminal proceedings in any court for publication in a Newspaper of a substantially true report of proceedings of either House of Parliament unless the publication is proved to have been made with malice. This immunity is also available for reports or matters broadcast by means of wireless telegraphy. This immunity, however, is not available to publication of proceedings of a secret sitting of the House. In other respects, the powers, privileges and immunities of each House of Parliament and of the members and committees thereof shall be such as may from time to time be defined by Parliament by law and until so defined, shall be those of that House, its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.
Question : "There is a high degree of public frustration over the complexity of the laws, long delays and unproductive use of their resources in litigation" examine this statement and also discuss the efficacy of Alternate Dispute Resolution mechanism to overcome the hurdles in justice delivery. (250 words)
Answer : Justice Delayed is Justice Denied!
Four years ago India's Prime Minister, Manmohan Singh, informed the Lok Sabha that India had the largest backlog of cases in the world, and figures from this year estimate that as many as 30 million cases are pending. Over four million of these are High Court cases, with a further 65,000 cases pending in India's Supreme Court.
The implications are serious. Due to the backlog, most of India's prison population is detainees awaiting trial. India's legal system has increasingly become the preserve of the country's wealthy and well connected - a development that exacerbates the discrimination already faced by India's minority and low-caste groups.
India needs an efficient justice delivery system to enable us to truly safeguard the welfare of the common man in India. Promotion and popularizing alternative methods of dispute settlement is therefore the need of the hour. ADR or "Alternative Dispute Resolution" is an attempt to devise machinery which should be capable of providing an alternative to the conventional methods of resolving disputes. ADR offers to resolve matters of litigants, whether in business causes or otherwise, who are not able to start any process of negotiation and reach any settlement.
ADR mechanism includes:
To enlist some advantages inherent in the ADR Centre vis-a-vis the courts:
Alternative dispute resolution mechanisms not only facilitate speedier justice but are also a process wherein the parties involved have control over the eventual outcome. This results in quick implementation of the decisions taken and eliminates continued litigation in the form of further appeals. Only when there is no resolution at the ADR Centre, the cases must be taken to the courts.
Question : Compare and contrast the role of Ministry of Rural Development and Ministry of Panchayati Raj in rural development and strengthening of grass-root level democracy. (200 words)
Answer : Ministry of Rural Development is the nodal Ministry for most of the development and welfare activities in the rural areas. It plays a pivotal role in the overall development strategy of the country. The vision and mission of the Ministry is sustainable and inclusive growth of rural India through a multipronged strategy for eradication of poverty by increasing livelihoods opportunities, providing social safety net and developing infrastructure for growth. This is expected to improve quality of life in rural India and to correct the developmental imbalances, aiming in the process, to reach out to most disadvantaged sections of the society.
On the other hand, Ministry of Panchayati Raj tries to attain decentralised and participatory local self-government through Panchayati Raj Institutions (PRIs). Its scope is narrower than the Ministry of Rural Development. Since under the scheme of things in the Constitution, most of the actions including framing of laws rests with the State Government. The Ministry strives to reach its goals primarily through advocacy, and also through financial support.
Ministry of Rural Development can successfully achieve its goal in collaboration with Ministry of Panchayati Raj.
Keeping in view the needs and aspirations of the local people, Panchayati Raj Institutions (PRIs) have been involved in the programme implementation and these institutions constitute the core of decentralized development of planning and its implementation.
|
|
MoRD |
MoPR |
|
Function |
More of Development oriented |
More of Governance Oriented |
|
Role |
Develops Economic Capital like Infrastructure Development |
More of Social Capital Like Education, Health |
|
Schemes and Policies |
NREGA, SJGY, IAY, IWMP |
PESA, BRGF, RGPSA |
|
Aim |
Providing essential programmes for rural development |
Ensuring grass root administration |
Question : Criminalization of politics and politicization of criminals are wedded to one another. Examine. (200 words)
Answer : Apart from terrorism, the most serious problem being faced by the Indian democracy is criminalization of politics. At times, the concern has been expressed against this obnoxious cancerous growth1 proving lethal to electoral politics in the country. Purity and sanctity of electoral process, sin qua non for a sound system of governance appears to have become a forgotten thing in view of the entry of a large number of criminals in the supreme legislative bodies at central and state level. Sri G.V.C Krishnamurthy, the election commissioner(as he then was) has pointed out that almost forty members facing criminal charges were the members of the Eleventh Lok Sabha and seven hundred members of similar background were in the state legislatures. Even the political parties out of the glamour of political power and consequent benefits do not hesitate in giving tickets to the criminals and do not object to their use in winning the elections. Thus, politicization of criminals needs to be checked by all means at disposal. This paper examines criminalization of politics and convictional disqualifications to restrict the entry of criminals in the elective system.
The criminals help politicians in various ways. As a candidate, they win the seat. The intimidation of voters, proxy voting, booth capturing are the other devices which are carried on by them. In the first two general elections the situation was different but it changed and kept on changing with each subsequent general election and today it has become very grim threatening the very existence of the democratic polity in the country.
The entry of criminals in election politics must be restricted at any cost. If it is not checked it, will erode the system totally. The dearth of talented persons in politics may collapse the country internallyas well as externally. A number of commissions and committees such as, the Law Commission of India, Election Commission, and Vohra Committee etc. have examined the issue of criminalization of politics but the menace is increasing day by day. The candidate should be asked to furnish detailed information in respect of civil and criminal matters against him on affidavit. And, if the information furnished make out a criminal case, he should be disqualified irrespective of the fact that he was not prosecuted and/or punished by a court of law. There is need of setting up special courts for trying the cases of criminalization of politics. Keeping in view the ever deteriorating standards of politics, it would be more desirable to try all cases of politicians by special courts. It will help maintain sanctity and purity of elections
Question : The informal associations consist of a dynamic set of personal relationships, social networks, communities of common interest, and emotional sources of motivation. In this context discuss the role of informal associations in mobilizing public opinion. (200 words)
Answer : The informal associations in India have contributed handsomely towards social mobilization and social activism through their intensive campaigns, people’s mobilization programmes and effective networks.
The level of organization of informal associations, the breadth of their membership, their technical and advocacy skills, their capacity to mobilize and effectively use media, their legitimacy and representation and their level of responsiveness and accountability to their own members are all central to the success of social accountability activities. In many contexts, efforts to promote an enabling environment for civil society and to build the capacity (both organizational and technical) of informal associations are required
Civil Society Organisations are a type of informal association. The concept of civil society is not new to our country.In the recent context, it has become a source of activism. In the case of Narmada Bachao Andolan campaign where people organized themselves to give voice for against the construction of Dam across the river, which will affect the livelihood of people. So such informal organization has become a source of social network to form opinion of common interest and raise voice against Government.
This informal organization is also acting as emotional source of motivation which is very much visible from the anti-corruption movement where people across the country came in one voice against the government to eliminate corruption from country.
There is no such arrangement like referendums as it is in country like Switzerland or Denmark where people have a choice to express their concern to the government. India is following a representative type democracy.
It provides opportunity for face-to-face interaction provided by participation in voluntary organizations not only teaches essential civics skills, such as trust, compromise and reciprocity, but also binds society together through public opinion
In a way these informal associations are initiated by Gandhi as a supplement to the government but with recent informal associations are more activism oriented which is neither supplementing nor implementing rather it has become a source of political mobilization.
Question : "The Speaker's job is to maintain decorum and ensure the debates are productive". In the light of this statement critically comment on the role of Lok Sabha speaker giving suitable examples. (250 words)
Answer : For the first time in 30 years, there was a clear parliamentary majority in the Lower House, and an Opposition so decimated that not a single party qualified for the post of Leader of the Opposition. The Speaker of such a House was supposed to rule gently, allow the Opposition its space in debates and restore some of the deference to the Chair that more precariously balanced Lok Sabhas hadn't in the past the frequency of disruptions caused by Members of Parliament as a key pressure on the role of the Speaker. In recent years, the pull of coalition governments has made this role tougher for most Speakers.
Role of Speaker - Lok Sabha:
The then Lok Sabha speaker Sumitra Mahajan suspended 25 Congress MPs, while taking the tough action under Rule 374(A), she said the members were being suspended for "persistently, willfully obstructing the House". Frequent parlimentary disruption and walkout making Indian democracy ineffective and wasting huge public resources. In this scenario, role of speaker become more important to ensure parliament provide space to opposition parties to vent their grievances and also prevent them to disrupt parliament unnecessarily.
Question : Discuss the salient features of the Judicial Appointments Commission Bill Passed by the Parliament. Does it endanger the independence of higher judiciary in our country? (200 words)
Answer : Judicial Appointment Commission Bill will replace the existing Collegiums system when it comes into effect. The Collegiums system involves a panel of judges headed by the CJI which selects the judges. It has been in place for over a decade and in recent years it has drawn flak for being a closed system in which the judiciary selects its own judges.
Key features of Judicial Appointment Bill:
The Judicial Standards and Accountability Bill, 2010 requires judges to declare their assets, lays down judicial standards, and establishes processes for removal of judges of the Supreme Court and High Courts.
Judges will be required to declare their assets and liabilities, and also that of their spouse and children.
The Bill establishes the National Judicial Oversight Committee, the Complaints Scrutiny Panel and an investigation committee. Any person can make a complaint against a judge to the Oversight Committee on grounds of ‘misbehaviour’.
A motion for removal of a judge on grounds of misbehaviour can also be moved in Parliament. Such a motion will be referred for further inquiry to the Oversight Committee.
Complaints and inquiries against judges will be confidential and frivolous complaints will be penalised.
The Oversight Committee may issue advisories or warnings to judges, and also recommend their removal to the President.
Independence of Judiciary
Case in against: The balance between independence and accountability is questioned by the proposed mechanism in the Bill. As it provides:
The Oversight Committee has non-judicial members which might impinge on the independence of the judiciary. The Bill penalises anyone who breaches the confidentiality of complaints. It is questionable whether a penalty is needed for a frivolous complaint that remains confidential.
The Scrutiny Panel has judges from the same High Court. This is different from the in-house procedure of the Supreme Court.
The Oversight Committee has non-judicial members. The procedure of the Committee is not an in-house procedure of the judiciary. It is not clear whether the power of the Oversight Committee to impose minor measures is constitutionally valid.
The Bill does not mention whether a judge has the right to appeal to the Supreme Court against an order of removal issued by the President after Parliament finds him guilty of ‘misbehaviour’.
Case in favour: Make judicial appointment more transparent than replacing collegiums system to executive appointing Judges. The Bill makes judicial appointment more of merit based than any bias in appointing, which has being criticized by various experts.
The NJAC, the amendment provides, shall comprise the Chief Justice of India as its ex officio chairperson, the two senior-most judges of the Supreme Court following the Chief Justice, the Law Minister, and two ‘eminent persons’ to be nominated jointly by the Prime Minister, the Chief Justice of India and the Leader of the Opposition. The NJAC will be responsible for making binding recommendations to the President for appointing judges to the Supreme Court and to various High Courts.
It doesn’t affect the independence of Judiciary where still CJI and 2 SC judges are present in panel.
Thus, this Bill makes Judicial appointment all inclusive and to ensure more transparent to make Judiciary more Effective.
Any fears that the composition of the NJAC will vest an unrestrained power in the executive therefore appear unfounded. Even in the U.K., where the Judicial Appointments Commission is completely divorced from executive involvement, the Lord Chancellor retains the power to reject a nomination made by such a commission. The NJAC might not be as broadly constructed as the U.K. Commission, but its constitutional sanction will infuse in the process of judicial appointments greater transparency and an enhanced democratic involvement, as is the case in the U.K. No doubt Parliament will have to introduce through legislation, as part of the NJAC, suitable infrastructure including the presence of full-time staff, to aid its members to arrive at considered decisions. The failure to include such a support structure is one of the collegiums’ many shortcomings.
Needless to say, any legislation introduced by Parliament in this regard, if in violation of any provision of the Constitution or the Constitution’s basic structure, can be struck down by the courts as unconstitutional. But the argument that the 99th Constitution Amendment Bill in itself and by itself is ultra vires the Constitution for infracting the document’s basic structure is at best tenuous.
Given that the originally enacted Constitution placed overriding power on the executive to make judicial appointments, it is unfathomable how the proposed system, which accords the judiciary not merely a consultative role but a determinative one can be found to infringe the independence of the judiciary. The pre-existing provisions, which the drafters of India’s Constitution inserted to ensure judicial autonomy, continue to remain in force. It is only the process of appointments, which was arrogated by the judiciary unto itself, which has been calibrated by the proposed Constitution Amendment. This realignment is both in keeping with the original intent of the Constitution’s framers and also with the larger principle of separation of powers that pervades the document.
Question : Discuss the role of CAG in meeting challenges of Good Governance. (200 words)
Answer : Recent audit finding like Coal scam, 2G spectrum allocation, RIL-KGD6 allocation, CWG 2010 shows that in a way CAG (Comptroller and Auditor General) has become more proactive and in the path of good governance which demands transparency in policy formulation and fund allocation. CAG is changing with the time. Hence instead of mere audit it goes on questioning on funding pattern and allocating procedure
Challenges for CAG: To create awareness about their role and importance in auditing Government expenditure on tax pay money. Now ‘Communication Campaign’ has been launched to project the effectiveness of audit by the CAG as a constitutional authority and to bring awareness to public about its audit functions and to show how useful these audit report for proper utilization of the hard-earned taxpayers’ money for the public good and for promoting good Governance.
Question : The Constitution of India explicitly stated code of conduct to be followed by the citizens of India. What is the code of conduct and also state whether it has achieved its mandate. (250 words)
Answer : The citizen code of conduct means that citizen should abide some basic responsibility towards nation for its socio-economic development and preserve its sovereignty. In India, citizen code of conduct means fundamental duties enshrined in its Constitution. The Constitution of India guarantees some rights to its citizens. They are known as Fundamental Rights. The need of incorporating some duties for citizens was felt. Hence, ten Fundamental Duties were added in Part-IV of the Constitution under Article 51-A in the year 1976 through the 42nd Constitutional Amendment. However, whereas Fundamental Rights are justiciable, the Fundamental Duties are non-justiciable. It means that the violation of fundamental duties, i.e. the non-performance of these duties by citizens is not punishable. The following ten duties have been listed in the Constitution of India:
Still to achieve its mandate -
Though constitution has incorporated FD but INDIA still requires a vibrant educated citizenry to achieve its cherished goal. Non justiciable nature made them of hardly any significance, but their value cannot be minimized. FD serves as a warning to reckless citizens against anti-social activities.
Question : Constitutionalism is an ideology commonly understood as it a legal restrain on exercise of political authority, on the contrary Indian Constitutionalism is provided with power. (200 words)
Answer : A written constitution defines and delimits the power and function of various organs of the State. A Government under a written constitution can only be a limited government, (should naturally be a democratic Govt. opposed to arbitrary, authoritarian or totalitarian rule).
So, naturally its idea is to bring social transformation of state for welfare of people rather than restraining the power of the state.
The Indian constitution also provides for number of such provisions.
The above mentioned are only some examples that both State and Center involved in empowerment of people with the direction prescribed by constitution.
Indian Constitutionalism is differ from other constitution it is not restraining the ruling class rather it gives direction in which way a nation should progress, in this way Indian constitution is acting as good source for social transformation with changing time and need, which is visible from the enactment of Right To Education Act, National Food Security Act and so on, for attaining the goal of Social Justice.
Question : In the words of Montesquieu, a French scholar "there would be an end of everything, were the same man or same body, whether of the nobles or the people, to exercise those three powers, that of enacting laws, that of executing laws, that of executing the public resolutions, and of trying the causes". Critically examine the NJAC provision in the light of this statement. And do you think gives primacy to the government over judiciary? (250 words)
Answer : NJAC is a response by executive to curb the sole authority of appointment and transfers of Judges by judiciary. The body would consist of Chief Justice along with 2 senior-most judges of SC, Law Minister and 2 other eminent members thus, giving equal say to both executive and judiciary.
There has been rising apprehensions that act would give primacy to executive in the appointments and transfer of judges. Further fears are for misuse of veto power given to any two members in appointments. Moreover, appointment of 2 eminent person has not been appreciated as it would be unfair to rate judges by persons with non-judicial background,, moreover, it further leaves scope for executive to interfere with the whole process. The act is also in defiance of DPSP of our constitution Ar.50, which proposes that state should attempt to separate judiciary from executive.
However, it should be emphasized that accountability and transparency are two prime objective of any organization which is clearly lacking in appointment process of judiciary. Lack of suitable criteria, reasons for rejection - take the whole process in a grey zone.
Question : Discuss the role of National Company Law Tribunal (NCLT) established under the Companies Act, 2013. Is it worthy successor body of the Company Law Board? (200 words)
Answer : The NCLT has been empowered to exercise the following powers:
The tribunal would also allow timely unlocking of the value of distressed corporate assets, as it would take over the process of liquidation of companies, now performed by official liquidators attached to high courts.
Any appeal with respect to decision can be appealed in National Company Lay Appellate Tribunal (NCLAT).
In the backdrop of the experience of administration of SICA and winding up process, the Companies (Second Amendment) Act, 2002 provides for setting up of the National Company Law Tribunal (NCLT) and on setting up of NCLT, all the matters relating to companies which were earlier handled by various High Courts, CLB, BIFR and AAIFR will now be handled by the NCLT. Pending matters with the High Courts and CLB will be transferred to NCLT. This will reduce the burden of High Courts and provide a single forum for all matters relating to Company Law and other corporate laws.
The tribunal is supposed to replace the Company Law Board, the Board for Industrial and Financial Reconstruction and the Appellate Authority for Industrial and Financial Reconstruction. However, recruitment of officers for NCLT was frozen in February after the Madras Bar Association filed a writ petition against its provisions in the Supreme Court.
A five-member Constitutional bench headed by former Chief Justice KG Balakrishnan upheld the validity of the 2002 amendment, but said the proposed tribunal should be headed by a retired high court judge, who and other members would be appointed by a committee headed by the Chief Justice of India. The original proposal was for the government to appoint the chairman — who need not be a judge and other members, from various technical disciplines. In its ruling, the SC has warned against the tribunalisation of justice system and executive and technical members having a dominant role in a quasi-judicial body. The judiciary should be a key part of the process and should be in majority.
If the Government incorporates the Supreme Court’s suggested changes (by SC) in the structure of the tribunal then it could be a worthy successor body of Company Law Board.
Question : Compare and contrast the federalism in Indian polity with that of America. (250 words)
Answer : Approach:
Federalism is system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces). A unitary system is governed constitutionally as single unit with one constitutionally created legislature.
US became a federal Republic state by promulgating its constitution in the year 1789 whereas India became a socialist, sovereign, Secular, Democratic Republic by formally launching its constitution 1950.
Federalism USA:
Federal features in India
Non-federal features in India
USA federalism is example of classical federal while India polity though practised federalism in its spirit but avoided using federal word even in constitution.
Article1 - "India, that is Bharat, shall be Union of states." meaning thereby - (i) our federation is not a result of some agreement among the component units.
Question : Elaborate the composition and functioning of the Council of Ministers and the role of the Prime Minister in coalition form of Government. (200 words)
Answer : Composition: Article 74 of the Indian constitution provides for a Council of Ministers to aid and advice the President. Council of ministers consists of three categories of ministers-cabinet, ministers of state, deputy ministers. A Cabinet Minister is the head of his ministry. There cannot be more than one Cabinet Minister in any ministry. There may be some ministries without Cabinet Ministers. It is possible that there is a ministry with a Minister of State as its head. But such a head is not a member of the Cabinet. But on invitation he may attend Cabinet meetings without power to vote. The ministers of state can either be given independent charge or can be attached to cabinet ministers. The third member in the hierarchy of a ministry is the Deputy Minister. A Deputy Minister does not have independent charge. He works under the control of a Minister of State.
Functions:
Role of PM in coalition era:
Question : Critically examine the impact of 73rd amendment to the Constitution of India on the political participation of women in India. Do you think such a model can be replicated in the other two levels of Indian polity viz. the Parliament and the State legislatures? (250 words)
Answer : The 73rd Amendment Act has added part IX to the Constitution of India entitled as 'Panchayats'. The part consists of provisions from Article 243 to 243-0. A new schedule called as Eleventh Schedule lists 29 functional items that panchayats are supposed to deal with under Article 243-G.the enactment of this act expanded democracy to grass root level.
Features:
The PRI can make rules, regulations and administer them by creating services and charging tax, cess, octroi, etc., in lieu of these functional services. The Tenth Finance Commission suggested grants-in-aid for the local bodies from state exchequers to supplement their efforts. The panchayati institutions can take policy decisions in the areas like land reform, ecology preservation, rural industries and farming. The PR institutions have been accepted as the implementing agency of the state governments.
Political participation rises at grass root level and debates for women reservation at other two level rising but still political parties avoiding this reservation due to some reason--
To harness the benefit of globalistaion, women empowerment and political participation with economic independence and social security become a major challenge to India. Though recently many efforts are made to pass women reservation bill having -
PROS
CONS
It was agreed that we should see reservation as a one-time chance given to women to show that they are much needed as part and parcel of the governance bodies. We need them there, and reservation is required so that we have a better future as a society, with women playing an equally important role, but only until the barriers for women's entry into politics are removed.
Question : Parliamentary Committees play a vital role not merely in law making, but also in the day-to-day business of the House. Elaborate the functions of Parliamentary committees with respect to the Budget making process in India. (200 words)
Answer : In modern times the works of Parliament is not only varied and complex in nature, but also voluminous. It has to complete its task with limited time. Hence, it becomes impossible for the legislatives to give a close consideration to each matter. A good deal of its business is, therefore, transacted by what are called the Parliamentary Committees.
Parliamentary Committees are of two kinds: Ad hoc Committees and the Standing Committees. Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. Apart from the Ad hoc Committees, each House of Parliament has Standing Committees like the Business Advisory Committee, the Committee on Petitions, the Committee of Privileges and the Rules Committee, etc.
These Committees scrutinize various proposals of Bills presented in parliament. These dedicated Committees examine each proposal and facilitate in the efficient functioning of the Parliament.
Such Committees play significant role in shaping important legislations because without such committees there won’t be an in-depth analysis of the Bills or issues that come before the Parliament, as it has less time at its disposal.
Various Parliamentary Committees that play major role in Budget making process are Committee on Estimates, Committee on Public Undertaking, Committee on Public Account, Business Advisory Committee and so on.
After the general discussion of Budget in House, the demand for grants of various ministries including railway are considered by standing committee. Such committee reports the house in specified time on allocation of Demand of grants. Such committees report on allocation of funds mismatch between demand and grant.
Estimate committee—The main function of the Committee on Estimates is to report what economies, improvements in organisation, efficiency, or administrative reform, consistent with the policy underlying the estimates may be effected and to suggest alternative policies in order to bring about efficiency and economy in administration.
Public Accounts Committee examines the reports and accounts of Public Undertakings; the reports of the Comptroller and Auditor General on the Public Undertakings; whether the affairs of the Public Undertakings are being managed in accordance with sound business principles and prudent commercial practices; and such other functions vested in the Committee on Public Accounts and the Committee on Estimates in relation to the Public Undertakings as are not covered; and functions as may be allotted to the Committee by the Speaker from time to time. The Committee does not, however, examine matters of major Government policy and matters of day-to-day administration of the Undertakings.
Departmental standing committees—consider the demands for grants of concerned ministries/departments before they are discussed and voted in the LS
Business advisory committee—regulates the program and time table of the house. It allocates time for the transaction of legislative and other business brought before the houseQuestion : Despite all the justified complaints about poor implementation, bureaucratic resistance, interference, absence of political and administrative support, threats against users, and attempts at dilution, people have fiercely owned the law like no other. They have defended it against every attack and put it to sustained use. In this context highlight the achievements of the RTI act, 2005 in strengthening the governance in India. (250 words)
Answer : The Right to Information (RTI) Act has completed 10 years of implementation.
Challenges
Question : “It is impossible to govern a huge country like India from a single centre. Therefore, the federal system is inevitable”. Analyse the above statement from the contest of evolving federal structure. (200 words)
Answer : Federalism is a basic feature of the Constitution of India in which the Union of India is permanent and indestructible. Both the Centre and the States are co-operating and coordinating institutions having independence and ought to exercise their respective powers with mutual adjustment, respect, understanding and accommodation. Thus, the Indian federalism was devised with a strong Centre. Federalism with a strong Centre was inevitable as the framers of the Indian Constitution were aware that there were economic disparities as several areas of India were economically as well as industrially far behind in comparison to others.
The Indian Constitution is not only regarded as Federal or Unitary in the strict sense of the terms. It is often defined to be quasi-federal in nature also. Throughout the Constitution, emphasis is laid on the fact that India is a single united nation. India is described as a Union of States and is constituted into a sovereign, secular, socialist, democratic republic.
Some of the other Constitutional provisions, which are often quoted in favour of the Unitary status of the Indian Constitution are- emergency powers of the president to declare national emergency or declaring emergency in a state in the event of failure of Constitutional machinery, the appointment of governors, unification of judiciary and the dependence of the States on the Centre for finance. The power of the Union to alter the names and territory of the states, to carry out Constitutional amendments and to affect co-ordination among the States and settle their mutual disputes is also regarded as an indicator of the unitary character of the Indian Constitution.
It should be remembered that the aforementioned provisions in the Constitution are aimed at establishing a working balance between the requirements of national unity and autonomy of the States. Dr. Ambedkar, one of the architects of the Indian Constitution, rightly prophesied: Our Constitution would be both unitary as well as federal according to the requirements of time and circumstances.
The Constitution makes a distribution of powers between the Union and the States, the jurisdiction of each being demarcated by the Union, State and Concurrent lists. In case of a conflict between the two legislatures over a matter in the Concurrent list the will of the Parliament prevails. The supremacy of the Constitution- the hallmark of a federation- is an important feature of the Indian polity. Neither the Central government nor the State Governments can override or contravene the provisions of the Constitution. Another pre-requisite of a federation, namely, an independent judiciary-an interpreter and guardian of the Constitution-is also present in the Indian Federation. The Supreme Court can declare any law passed by the Union Parliament or a State legislature ultra vires if it contravenes any of the provisions of the Constitution.
Question : "Many supporters view affirmative action as a milestone, many opponents see it as a millstone, and many others regard it as both or neither -- as a necessary, but imperfect, remedy for an intractable social disease." Explain the necessity of affirmative action's in India giving suitable examples and also discuss their relevance in current times.(250 words)
Answer : Approach: Need of affirmative action
India's experiment with affirmative action is the world's oldest. Known locally as "reservation" policy it is an elaborate quota system for public jobs, places in publicly funded colleges-like the Indian Institutes of Technology (IIT)-and in most elected assemblies. These are filled by members of designated, disadvantage group.
Need; many groups in Indian history remain exploited and required affirmative action to end up discrimination and acquire equality. Equity comes from assertion rather than equality.
There is no doubt that in 1947-50, affirmative action in the area of education and jobs was essential when related to caste and tribes.It is important to remember that India was a society that was based on inequalities. The founders of the constitution were trying to, and rightly so, level the playing field when it came to opportunities
Article 46 of the 1950 Constitution pronounces 'The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation."
Articles 341 and 342 of the Constitution included a list of castes and tribes entitled to such provision, and the castes and the tribes included in these two lists were known as Scheduled Castes (SC) and Scheduled Tribes (ST) respectively
Article 15, 16, 17, 330, 332, 334, 335, 338, 338-A etc. reflected the affirmative stance of constitution maker towards marginalised and backward section of people for their upliftment.
Demerits
Though these provisions are made with good intention for the socio-economic development of historically backward section of people but in contemporary era, reservation policy is exploited for political gain and for political polarization. Even reverse discrimination emerging out and more community are demanding for it. Blind multiplication of caste under reservation policy is disastrous for social harmony and unity. Also in pursuit of its dissolution, creates never ending problems for marginalized groups. Recently some religious groups are demanding for reservation. Analyzing these scenarios, government should have to be cautious about its reservation policy.
Question : What is independence of judiciary? Does independence imply absence of accountability? What are the different measures has been taken to make judiciary accountable?
Answer : The judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. Judicial Independence is vital and important to the idea of separation of powers.
The concept of judicial accountability in India is considered in two ways. First aspect is the accountability in higher judiciary in India for its judgments, i.e. having the judges responsible for their decisions. The second aspect is with respect to the institutional methods of appointing the Judges, removal of Judges and the inhibitions to the criticism of their work but the ‘law of contempt of court’ The judiciary an essential wing of the State, is also accountable. Judicial accountability however is not on the same plane as the accountability of the executive or the legislature or any other public institution. Indian polity is under severe strain. Faith of the people in the quality, efficiency and integrity of governmental institutions stands seriously eroded.
Accountability under the Indian Constitution-Among the constitutional limitation of judges, the most important one is the provision for ‘removal of judges ‘of the high court/Supreme Court by address of the Houses of Parliament to the President on the ground of ‘proved misbehaviour or incapacity ‘This is provided in Article 124(2) and (4) in respect of judges of the supreme court and in view of Article 217,that the procedure is attracted to the ‘removal’ of judges of the High court also. In pursuance of the provisions of Article 124(5) of the Constitution the Judges (Inquiry) Act, 1968 was enacted to regulate the procedure for investigation and proof of the misbehaviour or incapacity of a judge of Supreme Court/high court and for the presentation of an address by Parliament to the President and for matters connected therewith.
The Judicial Standards and Accountability Bill try to lay down enforceable standards of conduct for judges. It also requires judges to declare details of their and their family members' assets and liabilities. Importantly, it creates mechanisms to allow any person to complain against judges on grounds of misbehaviour or incapacity.
The Bill establishes the National Judicial Oversight Committee, the Complaints Scrutiny Panel and an investigation committee. Any person can make a complaint against a judge to the Oversight Committee on grounds of ‘misbehaviour’.Question : "The Indian Constitution has explicitly guaranteed certain rights to the people of the land. But these rights are not absolute that is they are under reasonable restrictions on grounds such as unity and integrity of India etc., and thus can be curtailed. But whenever security of the nation comes in conflict with the rights of the citizens then there arise a demand to protect and ensure the rights first". Against this backdrop justify what should be the prime responsibility of the government with suitable examples. (250 words)
Answer : Indian Constitution provided some basic right i.e. fundamental rights to citizen. Though over the period some of fundamental rights are seen in controversy with the national unity and security, though constitution itself provided some reasonable restriction on them i.e. rights are not absolute. Specially, Rights to Freedom (Article 19) and Right to Religion are in controversy in reference to Nation's unity and security.
Some restriction on them:-
Security vs Right
Govt. Responsibility
The privacy issues are sufficiently series - both outside India and within. Hopefully the govt. can present the privacy bill early for parliament to debate it. Equally it may be time for the Supreme Court to review its guidelines which are written at a time when there were less than a million mobile subscribers and no internet user.
Question : Although the contribution of NGO's in the field of ensuring justice and acting as a development industry cannot be undermined but there is an urgent requirement to regulate their functioning by creating an oversight mechanism such as SEBI, RBI etc. Critically comment giving suitable examples. (250 words)
Answer : Some Facts:
Recently govt. has cancelled the license of Green peace India, a non-profit Non-Governmental organisation under section 13 of Foreign Contribution Act (FCRA), 2011. Also some NGOs are placed under scrutiny i.e. Sabrung, Ford Foundation, etc.
Role of NGOs
But recent reports of IB and CBI after scrutinizing the functioning of NGOs created doubts about their intention in nation's development. Some views are spreading in media and govt. with respect to functioning of NGOs.
With reference to above reasons, functioning of NGOs should be observed especially in sphere of its financial sources. NGOs accountability should be established and their registration should be verified. NGOs must provide audited account and submit to discipline of Income Tax Act and Societies Registration Act and Labour Law, FERA, etc.
NGOs are vital cog in the wheel of participative governance and to uphold the trust of public and civil society. They need to evolve a regulatory mechanism for better financial and operational accountability.
Question : Discuss the Information, Education and Communication (IEC) strategy adopted in MGNREGA. (200 words)
Answer : The CAG performance audit report on MGNREGA 2013 had commented on the lack of awareness among rural community about the Scheme. The CAG report further highlighted the absence of an IEC strategy in most of the States. Subsequently, the Ministry has now requested all the States to prepare IEC annual action plans and quarterly deliverables for the FY 13-14 in respect of MGNREGA. The Ministry of Rural Development has formulated a comprehensive Information Education and Communication (IEC) Strategy exclusively for Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).
The strategy aims to create awareness among rural people and other stake holders with special focus on MGNREGA workers about various aspects of MGNREGA.
The strategy also aims at facilitating dissemination of right based provisions of the Act to ensure that the workers know their right to demand wage employment and exercise their right by applying for such employment as per their need.
Beyond raising awareness, interventions at interpersonal level have been provided to ensure that individuals convert their awareness into action.
Question : Compare and contrast Indian Supreme Court with American Supreme Court. (200 words)
Answer : Article III of the American Constitution provides that "the judicial Power of the United States shall be vested in one Supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish."
Judges in the American Supreme Court are appointed for life, the Judges of the Indian Supreme Court are appointed till the retirement age of 65. The strength of the American Supreme Court has been raised to 9 from 5 while strength in India is 31.
In both the systems, judges are appointed by the President as a way of the Executive exercising control over the judiciary. Whereas in the American Supreme Court, the appointments have to be ratified by Congress, in the Indian Supreme Court, the appointments are made "in consultation" with the Chief Justice of the Supreme Court.
Like the American Supreme Court, the Supreme Court of India enjoys the power of Judicial Review' and this power has been specifically recognized by the constitution. However its authority in relation to 'judicial review of legislation is more restricted than that of the American Supreme Court.
Question : Comment upon the necessity of opposition in deepening the roots of democracy with the some recent example. (250 words)
Answer : "Democracy can only be measured on the existence of an opposition"
In democracy, the opposition has a great role to play. In a parliamentary system of government the party or the group parties commanding majority forms the government and remains in power as long as it enjoys the confidence of popularly-elected houses. The opposition raises the issue with the government, when it finds that the government is not functional as per the will of the people.
The Opposition parties play a very significant role in a democracy as representatives of the people who have returned them to the House to safeguard their interests. With this view, they criticize government in case the later ignores them or conceal facts and they resort to protestation in the House and at the public level. It counts very much for awareness among the people over the specific issues of national importance and raises levels of political consciousness among them. However, sometime, just for the sake of opposition the opposition even criticizes the right policy of the government. This proves very harmful for the democracy.
The opposition act as watch dog' of the system. Arbitrary and despotic behaviour of the government is checked by the Opposition parties demanding information and debate in the House. It is the Opposition in the Parliament that has a very important role of checks and balances to play in the larger public interest and correct democratic practices.
Three Roles of Opposition in Democracy
It is thus clear, therefore, that the role of Opposition is more vital to the healthy growth of democracy and in the larger public interest.
Question : Discuss the Indian Parliament’s efforts in making the Directive Principles of State Policy as justifiable rights. (200 words)
Answer : The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. Much legislation has been passed by the Parliament which makes the DPSP as justifiable rights. Some examples are:
Question : Compare and contrast the Preamble of Indian Constitution with that of the USA and the Africa (250 words)
Answer : Each of these preambles starts with, "we the people". It means the sources of all authority to govern these countries are the people of these countries. All these three contains the idea of justice. In the preamble to the constitution of the United States of America, there is the statement for the formation of the union which is not found in the other two. The preamble to the constitution of South Africa makes a reference to the past with clearly recognizing their misery and also called for honouring those who suffered injustice. The South African clearly asks to have an elected government. It also makes a reference to the god seeking its blessing for its people.
The preamble to the constitution of India and United States respectively do not invoke god. Both these preambles suggest that citizens have complete freedom to follow any religion. So both maintains secularism i.e. the states will have no official religion.
Question : Parliament is the guardian of public purse. With increasing trend of delegated legislation, describe the role of audit and audit committees in governance. (200 words)
Answer : As the parliament makes law in skeleton form and authorizes the executive to fill the minor details, this is termed as delegated legislation. It gives more powers in hands of executives. Due to this the role of audit and accounts committee is changing from regulatory audit to performance audit i.e. analyzing the outcomes of the schemes and programmes.
Generally the purpose of an audit committee is to review an organisation’s governance, internal control environment, risk management and financial statements and provide support to and monitor the work of the internal auditors.
The audit committee is an integral element of public accountability and governance. It plays a key role with respect to the integrity of the entity’s financial information, its system of internal controls, and the legal and ethical conduct of management and employees. An audit committee’s responsibility will vary depending upon the entity’s complexity, size, and requirements. Typical audit committee responsibilities include approving the overall audit scope, recommending the appointment of the external auditor, overseeing the entity’s financial statement and internal controls, helping to ensure that the audit is conducted in a cost-effective manner, and risk management oversight.
Audit committees are an increasingly important component of effective accountability and governance.
Now-a-days, as the parliament makes law in skeleton form and authorizes the executive to fill the minor details, this is termed as delegated legislation. It gives more powers in hands of executives. Thus due to this the role of audit and accounts committee is changing from regulatory audit to performance audit i.e. analyzing the outcomes of the schemes and programmes.
Question : Why, in last 200 years, USA has 27 constitutional amendments in comparison to more than 100 of Indian Constitution in last 60 years? Give your answer with comparing the constitutional amendment processes of the two countries. (200 words)
Answer : The fact that US Constitution amended only 27 times in the last 225 years shows how rigid it is to amend the Constitution. Indian Constitution amended more than 95 times in the last 60 years proves how flexible to amend the Indian Constitution.
According to V Article House of Congress with 2/3 majority can proposes for amendment of the Constitution. States can make application for calling convention for amendment of Constitution with support of more than 2/3, the convention shall be called and proposed amendments shall be valid.
In US both House of Congress and States have power to amend the Constitution. The amended Constitution has to be ratified by more than 3/4 States to take effect. The States have very decisive and vital power in validating the every amendment of the Constitution.
In India, it is only Parliament can propose for the amendment of the Constitution and States do not have role to play anything in this matter. Some of the Articles can be amended with simple majority, special majority and in some limited Articles with ratification by more than half of the States. Majority means majority of the Member of the Parliament present on the date of amendment not in relation with total strength of the Member of Parliament.
Thus, it can be said amendment of US constitution is very rigid and complicated; in case of India it is both rigid and flexible.
Question : "Indian electoral system needs to be made more relevant and responsive". Examine this statement in the light of Law Commission of India 255th report. (250 words)
Answer : Highlights of the Law commission of India 255th report titled "electoral Reforms". Following these recommendations Indian electoral system can be made more relevant and responsive by addressing most of the issues concerned.
This can be achieved by inserting a new Chapter VIIB in Part V of the RPA prohibiting State/Central government sponsored advertisements in the print or electronic media or by way of banners and hoarders, six months prior to date of expiry of the term of the Lok Sabha/ Vidhan Sabha. However, an exception has been carved out for advertisements highlighting the government's poverty alleviation programmes or any health related schemes
Question : How the salaries and service conditions for judiciary in the constitution ensure independence of the courts? (200 words)
Answer : The judges of the Supreme Court and High Courts have been given the security of the tenure. Once appointed, they continue to remain in office till they reach the age of retirement which is 65 years in the case of judges of Supreme Court (Art.124(2)) and 62 years in the case of judges of the High Court’s (Art. 217(1)). They cannot be removed from the office except by an order of the President and that too on the ground of proven misbehavior and incapacity.
The salaries and allowances of the judges is also a factor which makes the judges independent as their salaries and allowances are fixed and are not subject to a vote of the legislature. They are charged on the Consolidated Fund of India in case of Supreme Court judges and the Consolidated Fund of state in the case of High Court judges. Their emoluments cannot be altered to their disadvantage (Art. 125(2)) except in the event of grave financial emergency.
By these powers judiciary can act independently without the fear of arbitrary power that executives can use.
Question : Comment on state and judiciaries' intervention on religious matters when right to freedom of religions is guaranteed under Indian Constitution, with suitable examples. (250 words)
Answer : Question can be solved with reference to following case:
Rajasthan's High Court judgment that criticized the Jain religious practice of Santhara or Sallekhana
Criticism of the Rajasthan High Court's judgment on the Jain practice of Santhara or Sallekhana and its ruling that practice of 'Santhara' be treated as suicide and punishable under section 309 (attempt to commit suicide) and section 306 (abetment of suicide) of the Indian Penal Code (IPC). With this ruling the Court rejected underlying Jaina Philosophy.
Freedom of Religion under Indian Constitution: Freedom of religion in India is a fundamental right guaranteed by Article 25 to Article 28 of the Constitution of India. In addition to this Preamble to the Constitution of India contains a word 'secular' implying that the state will not discriminate, patronize or meddle into the profession of any religion.
Difference between Suicide and Santhara: It should be noticed here that the act of suicide is a result of extreme desperation fuelled by anguish and hopelessness whereas,Santhara is embracing the death voluntarily when a person sees that his/her life is nearing end or suffering through incurable disease. At such time one overcomes all the passions and abandons all the worldly attachments by observing austerities such as gradually abstaining from the food and the water and simultaneously meditating on the true nature of the Self until the soul parts the body. A Santhara practitioner, relinquishing food and drink voluntarily, has arrived at that decision after calm introspection, with intent to cleanse oneself of karmic encumbrances and attain the highest state of transcendental well-being. Santhara, for him, is an act of spiritual purification premised on an exercise of individual autonomy.
Points to be kept in mind while attempting this question
State's interference in religious matters and constitutional provisions
Although Indian Constitution guarantees Right to Freedom of Religion under Article 25 to 28, but this Right is not absolute, state can interfere and intervene when circumstances warrants on the grounds of public order, health and morality. Whether Right to Life includes Right to Die is still debatable and no conclusions so far.
Question : Fundamental duties are in positive form with a view to striving towards excellence. In the light of the statement, explain the meaning of fundamental duties, their implications and enforcement. (200 words)
Answer : Fundamental Duties obligate all citizens to respect the national symbols of India, including the Constitution, to cherish its heritage, preserve its composite culture and assist in its defense. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life. Citizens are morally obligated by the Constitution to perform these duties.
However, like the Directive Principles, these are non-justifiable, without any legal sanction in case of their violation or non-compliance.
For FD related to renouncing practices derogatory to the dignity of women, Protection of Women from Domestic Violence Act, 2005 and The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 have been passed.
For FD related to preserving the rich heritage of our composite culture, the Ancient Monuments and Archaeological Sites and Remains Act has been passed.
Similarly, for FD related to protection and improving the natural environment including forests, lakes, rivers and wild life, Air (Prevention and Control of Pollution) Act, 1981, The Water (Prevention and Control of Pollution) Act, 1974, Hazardous Wastes (Management and Handling) Rules, 1989 , The Environment (Protection) Act, 1986 , Wildlife Protection Act, 1972, etc. have been passed.
Question : In your opinion a rights based approach is better or a welfare based approach for ensuring and also fulfilling constitutional mandate of providing basic necessities such as food, shelter, health, education etc. respectively, for living a dignified life more than a mere animal existence. Justify. (250 words)
Answer : Besides the tremendous progress made by India it still has much to achieve in areas of reducing poverty, malnutrition, improving health and education indices, among other things. This is largely because of inefficient delivery in public services. This can be addressed by adopting rights based approach to empower people to demand better public services. Along with this community participation in service delivery, participation monitoring of services providers (social audits, citizen's report cards, grievance redressal mechanisms, etc.) and public-private partnerships.
Problems with rights based approach: Basically Two Problems
If, the government has to be made accountable, legislating a right to education, or food, or health is not going to solve the problem. As the report itself concedes, this has to be accompanied by changes in the way the government machinery works. Only one right is necessary to ensure that - the Right to Information (RTI).
Welfare-Based Approach: Introduction: In the welfare model, poverty is defined as the absence of a public good or knowledge. If the state or another vehicle, such as an NGO, provides the absent good, then poverty can be alleviated and development will occur. Billions of dollars have been poured into this approach, however despite some achievements there has not been success with this model. The gap between the rich and poor is widening and according to the World Development Report, nearly half of the world's population lives on less than $2 a day.
Criticism: This model lacks a way to hold governments accountable for their actions or inaction. It fails to address governments' inability to fulfill their citizens' rights either because of funding or knowledge. It also constructs the poor as objects of charity, predetermining their roles in civic society.
Due to the failures of the welfare model, NGOs reevaluated and transitioned more towards a rights-based approach to development. In this model, instead of the poor being constructed as charity they would be constructed as actors or rights holders. The NGOs' role is to help the poor overcome obstacles blocking their rights and give governments the tools and training to provide these rights.
Rights-Based Approach: Introduction: Rights-based approach to development is an approach to development promoted by many development agencies and non-governmental organizations (NGOs) to achieve a positive transformation of power relations among the various development actors. This practice blurs the distinction between human rights and economic development. There are two stakeholder groups in rights-based development-the rights holders (who do not experience full rights) and the duty bearers (the institutions obligated to fulfill the holders' rights). Rights-based approaches aim at strengthening the capacity of duty bearers and empower the rights holders
Criticism: There are thoughts that incorporating the language of human rights with development is just a change of terminology and doesn't change the programs being implemented. The ability for a state to implement public policy has been hindered due to the need to comply with economic and social rights (ESC rights). Development practices without combining them with human rights, has been more effective in implementing and monitoring programs. Therefore, the need to combine human rights with development is not necessary for the beneficiaries.
Question : What is the different roles bureaucracy is expected to play in a democratic setup? Make an assessment of the role played by Civil Servants to strengthen democracy in India. (200 words)
Answer : In modern administrative system of India, the bureaucracy or the Civil Service plays a crucial role. In a democratic system of government, the power to govern is entrusted to the elected representatives of the people. In Parliamentary democracies such as that of India the council of ministers with the Prime Minister at the head administers the country. The ‘Council of Ministers’ for all its acts of commission and commission, remain responsible to the Parliament. The ministers thus constitute what is known as the political executive. The primary function of the Council of Ministers is to formulate the policies of the government.
Every administrative department of government is placed under the charge of a minister responsible to the legislature. A minister is thus, the political head of an administrative department.
The continuity and expertness in administration is contributed by the bureaucracy of the civil service. In an ideal situation, the minister contributes policy while the civil service applies the policies in concrete situations. Thus the minister and the Civil Service together make up the total administrative set up.
The founding fathers of the Indian constitution were fully alive to the need for a well-organized bureaucracy in India. Indeed India Bureaucracy is the inherited model of a bureaucracy from the British Raj. The constitution improved on the model left behind by the “Raj.”
Thus, since India is a federation there is provision for dual civil service; service under the Union and service under the State governments. The constitution provides that without depriving the states of their right to form their own civil services, there shall be an All India Service, recruited on an All India basis with common qualifications, uniform scale of pay etc.”
As has already been pointed out, the bureaucracy in India, both at the union and the states level constitutes the backbone of the administration. In Indian administrative hierarchy, the President at the union and Governor at the state level is the constitutional head. The council of ministers constitutes the political executive. But the real, permanent, experienced and expert executive is the Civil Service or the bureaucracy.
The role and function of the bureaucracy in India have increased enormously. The normal function of the bureaucracy is to execute the policies of the Council of Ministers. Under the system of delegated legislation, the powers of bureaucracy are steadily increasing. As India has accepted the principle of welfare state, the economic and social functions of the State are steadily increasing. Every increase in the power of the government means a corresponding increase in the powers of the bureaucracy. It is on the successful and satisfactory functioning of the bureaucracy that the success of the government to a very large extent depends.
Question : Define e-Governance and discuss the salient features of National Land Records Modernization Programme (NLRMP). What could be the benefits of this programme? (200 words)
Answer : e-governance is generally understood as the use of Information and Communication Technology (ICT) at all levels of the government in order to provide services to the citizens, interaction with the business enterprises and Communications and exchange of information between different agencies of the government in a speedy, convenient, efficient and transparent manner.
Government of India has now decided to implement a modified centrally sponsored scheme in the shape of the National Land Records Modernization programme (NLRMP) by merging the two existing CSS.
The salient features of the programme include:
Citizens will be benefited in the following ways:
Question : Explain the provisions added by 97th Constitutional Amendment. (200 words)
Answer : The Constitution (Ninety Seventh Amendment) Act, 2011 relating to the co-operatives is aimed to encourage economic activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders.
As per the amendment the changes done to Constitution are:
Salient features Part IXB
Question : Highlight the salient features of Digital India campaign. Critically examine its role in facilitating good governance in the country. (250 words)
Answer : Salient features of Digital India
Digital India has three core components. These include:
There are nine pillars of Digital India Programme:
In the words of PM Modi, "Technology is advancing citizen empowerment and democracy that once drew their strength from constitution". Transparency is important for good governance. Digital India campaign is complementary to Right to Information act as it puts information online thus bringing transparency which in turn builds trust. The use of technology through Digital India campaign will make the law more effective, less time-consuming and cost effective.
Digital infrastructure may not be of much in addressing governance and development concerns unless it is integrated into the wider structural and institutional reforms. Digital infrastructure includes broadband cables, Wi-Fi hot spots, data exchange etc.
While one cannot deny the importance of digital infrastructure, such as the ones mentioned above, in the present age, it is equally important to understand that they may not be of much help in addressing governance and development concerns unless they are integrated into a wide reforms agenda, which could often involve not-so-popular, structural and institutional change. One such could be the long-called-for, real and effective devolution of functions, finances and functionaries to local government bodies, which has, in most instances, continued as a mere lip-service even after Constitutional Amendments of the early 1990s.
The Indian experience of using ICTs in governance for the past 15 years is not something that we can be proud of - amongst 193 countries, India ranks 118 on the e-Government Development Index as per the United Nations e-Government Survey 2014. Many studies have been conducted by researchers from reputed academic institutes in India and across the world on the problems that plague Indian experiments in using ICTs for governance and development, and they point to the need of bringing a greater understanding of local contextual realities into project designs.
Amidst the ongoing endorsements by global corporate heads of the Digital India programme, we should not forget that unless use of digital technologies is appealing and makes sense to an Auxiliary Nurse Midwife (ANM) in a village health sub-centre, an anganwadi worker, a teacher in a government primary school, a village accountant in the revenue department, an agriculture assistant, a fair-price shop owner and a food inspector and similar such frontline service providers, who are the face of the state for many of our fellow citizens, the promise of leveraging digital technologies for achieving sustainable development may continue to elude us. I hope the torchbearers of the Digital India programme will also attach equal importance to this latter constituency as they march forward in their journey of integrating digital technologies in Indian life spaces.
In addition the fact that India has been flooded with more than a million mobile phone has not made it a deeper or stronger democracy.No democratic revolution in the world has been brought about by technology, but by human beings willing to sacrifice themselves for equality and liberty. Here, technology might be an instrument, just as it might equally be a tool in the hands of oppressors. Perhaps, it is not ironic that in the Information Age, governments and corporations have the most vital information about people's private and public lives. So digital India without addressing these concerns may not contribute to the cause of good governance at the level it is perceived to.
Question : The agenda of inclusive growth would be realized only when the Scheduled Castes, Scheduled Tribes, Minorities and Women get their basic human rights in the soonest possible time. Evaluate. (200 words)
Answer : The SCs, STs, minorities and women form a large chunk of the population of India. Their demographic presence is however, not found in their development at present. The level of deprivation is higher among these classes as compared to other classes in India.
These classes have largely been neglected in the development process. They have been marginalized. These classes are marked by under performance and under participation in the society and economy on several fronts. Their average achievement with regards to positive parameters is less than national average and worse than national average in case of negative parameters.
Following positive and negative socio-economic parameters make it very clear:
Negative Parameters: Poverty, unemployment, malnutrition and incidence of disease, school dropout ratio, infant mortality, etc.
Positive Parameters: Literacy, life expectancy, school enrolment, access to basic minimum needs of life such as electricity, water, etc.
The state of freedom and human rights of these groups is also appalling. These classes are often victims of discrimination, forced labour, indebtedness, insecurity, etc. Women of these classes in particular face both social and economic discrimination. They are often victims of domestic violence, rape and other abuses.
Until and unless this vicious circle is broken and these segments of society are included in the development process, it will remain a pipe dream only. These classes need special attention regarding poverty, unemployment, malnutrition, literacy and health. Only then the agenda of inclusive growth could be realized.
Question : The office of whip is undemocratic in nature as it not only curtails the freedom of choice of representative but it also does not allow raising matters of importance that are beyond or against affiliated political party's interests. Discuss and also comment upon the necessity of office of whip in a parliamentary democracy in India. (250 words)
Answer : Laws cannot be passed without their acceptance by majority of both the houses of Parliament. But when a party already has a majority in Lok Sabha and a strong anti-defection law which does not allow any member to go against the party line presents a serious situation and can be harmful for Indian democracy.
In India, the concept of the whip was inherited from colonial British rule. Every major political party appoints a whip who is responsible for the party's discipline and behaviour on the floor of the house. Usually, he/she directs the party members to stick to the party's stand on certain issues and directs them to vote as per the direction of senior party members. However, there are some cases such as Indian presidential elections where whips cannot direct a member of parliament or member of legislative assembly on whom to vote.
Necessity of Whips office stems from following Reasons
Question : PRIs were conceived to strengthen democracy at the grass root level, but the insufficient educational backgrounds of the elected representatives are acting as an obstacle in their efficient functioning. Critically analyze in the light of mandatory qualification legislations recently passed by Indian states. Do you think such a progressive step if at all it is, should start from upside down i.e. from parliament level, and does it not indicate the failure of state to provide literacy to the cent percent citizens of the country. (250 words)
Answer : The objectives of the Panchayati Raj Institutions are to attain decentralization and participatory local self-government through Panchayati Raj Institutions (PRIs) to ensure inclusive development with social justice, and efficient delivery of services.
The ordinance passed by the Indian states making it mandatory to have a minimum qualification for candidates contesting Panchayat elections is discriminatory, violative of the constitutional rights to equality guaranteed under Article 14 and disruptive for all candidates and political parties. The logic given in defense of such legislation is that panchayat members often defend themselves by saying that they did not know the rules whenever they are found involved in the cases of corruption, embezzlement and forgery. These legislations are ill-conceived given the fact that literacy levels are lower in rural India. Such legislation will disenfranchise lakhs in rural India and the political parties will not get suitable candidates to field in the elections with women and dalits and the poor will be worst hit leaving no scope for their upward mobility in the social strata and thus no empowerment. Whereas the purpose of the 73rd amendment to the constitution was to deepen their democratic participation but now such legislation will do exactly opposite. Such a move immediately destroys thousands of political careers.
When there are no such criteria to contest elections to the higher offices of MP or MLAs, it is absurd that primary work of an MP or an MLA is legislative and the role of PRI representative is more tactical and less contingent on educational attainment. Empirical research shows that educational qualifications alone are no indicator of elected representative effectiveness or ability to perform her job and constituents. Such legislation is also a blot on governments functioning which failed to ensure basic qualification even after such a long time of independence.
Question : “Institutional weaknesses and governance issues exacerbate the problem of poverty”. Elaborate with suitable examples. (200 words)
Answer : Poverty in India has been caused by multiple causes. Despite many government’s programmes for poverty alleviation, the poverty ratio has been falling at the rate of about 1 per cent per annum against our plan target of 2 percent fall in poverty per annum. The poverty ratio remains close to 40 per cent of the population. It is being pointed out that ineffectiveness of poverty alleviation programmes is one of the main reasons for high poverty ratio in India. Ineffectiveness in the poverty alleviation and welfare programmes has been caused by institutional factors to a great extent.
Following examples clearly indicate that institutions associated with delivery of development and welfare programmes are not performing well-
Thus we can say that institutional problems and poor governance has exacerbated poverty in the country. It is not the outlays in the budget on these programmes which are important. We must try to ensure the desired outcomes by making good institutions to plug leakages and ensure good governance. Only then we can make an effective assault on poverty.
Question : "44th amendment is known as Mini Constitution". Examine this statement. (250 words)
Answer : 42th amendment act was enacted due to the recommendation of Swaran Singh Committee. It was in fact appointed "to study the question of amendment of the constitution in the light of experience". It is regarded as the most controversial amendment in the Indian history. It almost rewrote the constitution.It is not just of legal importance but is the manuscript to the changing times of the Indian democracy. The 42nd amendment is greatly remembered for its boldness of length. It was not a simple amendment of one or two articles or a few words here and there. It was a complete act in itself. The amendment was so extensive in nature and character that it may be the longest act of the constitution thus famously known as the "mini constitution". This amendment amended the preamble to the constitution, 40 articles and the seventh schedule, and added 14 new articles and two new parts to the constitution.
The amendment had four major purposes
Question : Can we say that the Indian Constitution is the blue book for social empowerment if followed in its true words and spirit? (200 words)
Answer : There is no doubt that Indian Constitution is the blue book for social empowerment. It would be amply clear by looking on to various parts of the constitution- preamble, directive principles, fundamental rights, special provisions for SCs and STs, protection of minorities, reservation of seats in the Parliamentary Elections, reservation of jobs in the government institutions, rules against exploitation of women, panchayati raj system, etc.
The Preamble of our constitution at the outset makes a statement about the basic goals of our constitution like justice, liberty, equality and fraternity.
Notwithstanding its non-justifiable nature, the Directive Principles of State Policy as given in the constitution of India remain a guiding principle for the leaders and policy makers. DPSPs aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state.
The Directive Principles, though not justifiable, are fundamental in the governance of the country. It shall be the duty of the State to apply these principles in making laws. Besides, all executive agencies should also be guided by these principles. Even the judiciary has to keep them in mind in deciding cases. The State shall aim for securing right to an adequate means of livelihood for all citizens; men and women as well as equal pay for equal work for both men and women.
The State should work to prevent concentration of wealth and means of production in a few hands, and try to ensure that ownership and control of the material resources is distributed to best serve the common good. Child abuse and exploitation of workers should be prevented. Children should be allowed to develop in a healthy manner and should be protected against exploitation and against moral and material abandonment. The State shall provide free legal aid to ensure that equal opportunities for securing justice is ensured to all, and is not denied by reason of economic or other disabilities.
The fundamental rights ensure that people enjoy all kinds of freedom as well as security against exploitation. People of India would not be discriminated against on the basis of caste, creed, religion and gender and they can freely pursue their faith, livelihood and business in any part of the country. They have the right to property and equality before law.
The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. There is, however, provision of positive discrimination to help the weaker sections. The women would also be getting equal opportunities in all arenas of life, including right to franchise. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus.
There is no doubt that Indian constitution if followed in true words and spirit is a blue book for social empowerment.
Question : “Smaller States would further aggravate the fault lines in Indian States and make the differences more apparent which would impede the process of evolution of an integrated Indian state”. Comment. (200 words)
Answer : The demand for smaller states in India or for that matter in any developing country springs from regional aspirations, development gaps or regional inequality, administrative efficiency or for satisfying identity related aspirations such as language and culture.
India followed a policy of making linguistic states after a movement to create the state of Andhra Pradesh in the early fifties on the basis of linguistic identity. Earlier the state of Bihar, West Bengal and Orissa had been reorganized on the basis of their linguistic differences. But while reorganizing the state of Maharashtra, Madhya Paradesh and Uttar Pradesh, along with language, geographical proximity and administrative convenience was also considered.
In 2001 three new states, Uttarakhand, Jharkhand and Chhattisgarh were created due to increasing public demand for these states to mitigate development gaps which were not met while they remained parts of UP, Bihar and Madhya Pradesh respectively. Such kind of demand is still being made in case of Bundelkhand, Telangana, Vidarbha, Poorvanchal, Harit Pradesh, etc. to mitigate development gaps.
The results of the creation of these new states have not decidedly improved the development of these states. Their political developments are also marked by local differences and bickering.
Today it is important to analyse whether making smaller states entails more costs than the benefits it brings. Will it not be fueling regional aspiration and serving the interest of local vested interest rather than people’s interest? In so far as smaller states fulfill democratic aspirations, accelerate growth and development and increase administrative efficiency, creation of such states is good. However, political expediency as a reason for the creation of smaller states would weaken the federation. Buckling under the pressure of local vested interest would also harm national integration.
Question : What is the Juvenile Justice (Care & Protection of Children) Act? How far the changes made in 2011-12 are going to be effective? (200 words)
Answer : The Juvenile justice (care and protection of Children) Act enacted in 2000, is primary law in the country relating to welfare of juveniles in conflict with law as well as children in need of care and protection. The act provides the definition of the child.
The Act lays emphasis on rehabilitation and integration for such children into the society through various processes. For this act provides for several alternatives such as adaptation, sponsorship, foster care and institutional care.
The act was amended, in 2006 to make it more effective by providing time lines for setting up Juvenile justice board, child welfare committees and compulsory registration of child-care institutions. The scope of the act was also widened to include working children, children living on streets, those found begging etc.
The act has been further amended in the year in year 2011 -12 to remove discriminatory references to children affected by disease such as leprosy, T.B., hepatitis –B. Changes of 2011-12 will be able to include more children in juvenile homes.
Most of the children at below the age of 8-10 years are infected of disease; there rehabilitation will prevent further communication of disease.
Question : "One size fits all approach strategy needs to be changed with changing governance structure". Analyze this statement in the light of restructuring of centrally sponsored schemes. (250 words)
Answer : Centrally Sponsored Schemes (CSSs) are special purpose grants (or loans) extended by the Central Government to States to encourage and motivate State governments to plan and implement programmes that help attain national goals and objectives. Examples of national goals and objectives include extending clean drinking water and sanitation to every habitation, eradicating polio and tuberculosis, making primary education universal for every female and male child, and so on.
Centrally Sponsored Schemes (CSSs) now form a major part of the Central Assistance (CA) given by the center to states to implement the state plans. For ease of understanding CSS may now be treated synonymous to CA. There were other types of Central Assistance before 2015-16, but almost all of them are discontinued as states got higher revenue after the 14th Finance Commission recommendations (higher devolution of taxes to states).CSS are extended by the Union Government to States under Article 282 of the Constitution. The mainly cover items listed in states list.
Criticism of Centrally Sponsored Schemes
In 2014, the UPA-2 government approved Planning Commission's proposal to merge the 147 Centrally Sponsored Schemes (CSS) and bring it down to 66 across various sectors for effective implementation and monitoring of the 12th Five Year Plan. The merger proposal was in line with the recommendations of the Chaturvedi committee, which had suggested bringing down CSS to avoid overlap.
How Governance Structure is changing?
How to Act in this Changing Scenario?
How changing governance structure warrants a change in CSS?
People are becoming more aware of their rights and also duties. CSS are rights of the people and a welfare done by state. With the help of information technology they are now becoming rational decision makers. And with this capability they can decide which scheme is better for them, their economy and their country and which scheme is designed to gain ulterior political motives only. With this we can say that governance structure is changing in the sense that more and more people are getting involved. So it urges a need for more involvement of people in deciding CSS with doing away with one size fits all approach and moving towards need specific solution having flexibility to modify. Another example that can be quoted is the aspirations and needs of people of southern states cannot be compared with the need and aspiration of the people belonging to southern states such as.
Question : How has the ‘Right to Information Act, 2005’ been able to bring accountability in government? Do you think that the recent ruling of Central Information Commission can bring financial accountability in political system? (150 words)
Answer : In democratic system of governance, the government is run for the benefit of the public at large. People have a right to know what the government is doing. A right to information is necessary to ensure that people can hold public bodies accountable on a regular basis. An open system of governance is necessary for the fullest development of democracy. Free flow of information has now become easy through RTI Act, 2005. Every public authority is now making suo motu disclosures under section 4 of the Act. Every public authority through PIO is sharing all relevant information which the people ask.
Central Information Commission and State Information Commissions are discharging their statutory responsibility very well. If needed, they are penalising PIO in case of any default.
Central Information Commission through its recent order has declared all six national level political parties as Public Authorities under section 2(h) of RTI Act, 2005. Now they have to furnish all details to people, including their financial transactions.
Question : "A stronger PMO overshadowing other ministries is good to overcome policy paralysis (or it is facilitating policy paralysis by interfering in others work) and thus expeditious (delayed) decision making". Critically analyze this statement. (250 words)
Answer : The ornate PMOs clout and effectiveness under the incumbent government has increased manifold. The increased PMOs authority has overcome policy distortions and administrative malfunctioning. Experts are of the opinion that declined PMOs authority is directly linked with the emergence of coteries around various Prime Ministers and signals that the PM is dependent on those who were not part of the formal institutions of the government.
The structure of the PMO remained the same as in the past (with post of National security advisor, a principal secretary, a secretary, and a media advisor) but what marks a radical departure from the past posting of joint secretaries in the PMO on the basis of thematic restructuring of various departments. For instance, the areas of work were clearly demarcated for six subjects: infrastructure, social sector, home affairs and internal security, economy, accounts and external affairs. In the past, joint secretaries were assigned various departments, under their charge in the PMO. This paved the way for redesigning the functions of ministries in consonance with PMs maxim "minimum government, maximum governance". This exercise proved to beneficial for portfolio allocation for the cabinet team.
PMO emerged as a powerful constituent of Indian polity during Lal Bahadur Shastri's tenure. But during emergency imposed by Indira Gandhi government it was further escalated to be called as a parallel government. PMO plays an important role in policy making of the country. Recent incidences when government by-passed request from opposition to put some of the laws under the scrutiny of parliamentary committees and laws were passes without proper discussion on major policy elements indicate the growing power of Union cabinet and PMO in policy and law formulation. Presence of Upper House has somewhat restricted these tendencies of government to by-pass the demands of opposition. After a long period of coalition India do need strong policies to achieve higher growth and welfare of masses. But passing the scrutiny of Parliament is not answer, government should work to build consensus otherwise it will result in rule of majority which is harmful for a democratic nation.
A stronger PMO was expected when PM decided to call heads of the countries of Indian subcontinent in his Swearing-in-ceremony. Further PM called 77 secretaries of government of India and asked them to reach out to the PMO in the event of any confusion, facilitating unbridled access to the bureaucracy for a feedback. A stronger PMO being highest directly elected executive office keeping an oversight over other functionaries and department is desirable.
Clash of the PMO and the Parliament
Instances of Stronger PMO
Corporate India's unease in doing business also stems from policy paralysis inflicted by the bureaucrat-driven and over centralised administration run essentially by an omnipotent Prime Minister's Office, and also the welfarist noises from the government.
On his many visits abroad, he has steadfastly refused to take the External Affairs Minister, Sushma Swaraj, along. An important foreign policy decision now seems to be exclusively formulated within the confines of the PMOs. This trend started during the tenure of the previous government after it went on overdrive to secure the United States-India nuclear deal. But in those days the foreign office at least provided serious inputs that were acted upon. Modi's one year in office has been marked by ad hoc policy decisions and a highly personalised diplomacy. PMOs maintaining firm grip on foreign policy issues.
A stronger PMO favours vibrant, competent, and responsive bureaucracy.
Question : Capital punishment goes against the very purpose of punishment. Discuss the statement in the light of debate over death penalty. (200 words)
Answer : Capital punishment, death penalty or execution is punishment by death. The sentence is referred to as a death sentence. Crimes that can result in a death penalty are known as capital crimes or capital offences. There are five possible purposes to the punishment of criminals:
In order for a punishment to be justified, it must satisfy at least one of these criteria. There may be reasons to oppose a punishment even if it does satisfy these criteria, so this is a necessary, but not a sufficient, condition.
Capital punishment clearly satisfies incapacitation. But so does life imprisonment without parole. Granted, there is a tiny, non-zero probability that the criminal may escape and kill again. There is clearly no possibility of restitution or rehabilitation if the criminal is executed. So the decision on whether to allow capital punishment hinges on retribution and deterrence.
The evidence raises serious questions about whether capital punishment deters more than life imprisonment. Violent criminals tend to have anger-control issues or be risk-seeking, harboring a belief that they won't be caught. If a potential criminal believed he'd be captured, convicted, and incarcerated for life, how likely is he to commit the crime, and how less likely is he to do so if he believed he'd be captured, convicted, and put to death? Most just don't think they'll be caught. Many already risk death in confrontations with their victims or with police during capture, or in handling deadly explosives. From an intuitive analysis, it just doesn't seem likely that capital punishment should deter much, compared to life without parole. The likelihood of capital punishment appears to be very low, which would make one question its deterrent effect.
A number of studies have tried to determine whether capital punishment deters murder. There is no convincing evidence that it deters crime. At best, it might deter a little bit. It will be much better off deterring murder by taking the resources spent on capital punishment trials and investing in more crime-prevention programs.
Absent any conclusive evidence that capital punishment deters murder, (and if it does deter, it's only by a tiny bit), that leaves retribution as the real issue. In order to justify capital punishment, it has to accept that retribution is a legitimate objective of the criminal justice system.Retribution is used to justify "an eye for an eye." Retribution is based more on emotion than on rational policymaking. In endorsing capital punishment based on retribution, one is really saying that the marginal gain in retribution value from execution compared to life without parole is what justifies the policy. There is still a whole lot of retribution embodied in life without parole.
Now let's discuss the risk analysis. If a criminal is falsely convicted, life without parole allows that the falsely convicted may at some future point be freed. Years of imprisonment are wrongly imposed on the falsely convicted person, but this harm is less than the harm incurred by erroneously killing him. And, from the number of convictions recently overturned (or posthumously exonerated), it appears that this risk is orders of magnitude greater than the risk that someone given life without parole will ever kill again.
It can be argued that, given the risk of false conviction, (and we have clear evidence that this has happened at an alarming number of times) we should not accept capital punishment on the possibility that it may deter crime. Incontrovertible evidence should be given that it deters before accepting that it has satisfied the deterrence criterion.
In order to justify capital punishment, one must accept the following:
It is very hard to justify capital punishment. Those who do find it justified are really basing their justification on a very intense emotional sense of retribution.
Question : “Citizen Charter sees public services through the eyes of those who use them”. Comment. Why Citizen’s Charter could not succeed in India? (150 words)
Answer : A Citizen Charter is a public statement that defines entitlements of citizen to a specific service, the standards of service, the conditions to be met by users, and the remedies available in case of non compliance of standards. The charter concept empowers the citizens in demanding committed standards of service.
Citizens Charters have nine Components:
Citizens Charters could not succeed due to the following reasons:
Question : Do you think that the interface of judiciary in the matter of legislative decision is to run the parallel govt. in the country rather than to protect the basic features of the Constitution? Critically examine. (200 words)
Answer : Judicial activism refers to the interference of the judiciary in the legislative and executive fields. It mainly occurs due to the non-activity of the other organs of the government.
Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens. Judicial activism is providing a base for policy making in competition with the legislature and executive. Judicial activism is the rendering of decisions, which are in tune with the temper and tempo of the times.
In short, judicial activism means that instead of judicial restraint, the Supreme Court and other lower courts become activists and compel the authority to act and sometimes also direct the government regarding policies and also matters of administration.
Judicial activism has arisen mainly due to the failure of the executive and legislatures to act. Secondly, it has arisen also due to the fact that there is a doubt that the legislature and executive have failed to deliver the goods. Thirdly, it occurs because the entire system has been plagued by ineffectiveness and inactiveness. The violation of basic human rights has also led to judicial activism. Finally, due to the misuse and abuse of some of the provisions of the Constitution, judicial activism has gained significance.
Judiciary has become the centre of controversy, in the recent past, on account of the sudden increase in the level of judicial intervention.This ever-increasing role of the Indian judiciary as judicial legislature has raised important questions and challenges as to the rightful place of the Indian judiciary in a constitutional democracy.
Some judges believe that judicial activism is a necessary adjunct of the judicial function to protect public interest as opposed to private interest. A Constitutional Court is not bound by what was originally intended by founding fathers, but can interpret the constitution in terms of what would have been intended under the circumstances that exist at the time of such an interpretation.
Where judiciary interprets the law not strictly according to letter, but in the light of its spirit, taking into account changing social conditions, it enters into broader conception of judicial function, as upholders of law and justice, on the philosophy of law. In interpreting the statute in terms of not only what it is, but also what it ought to be, it is said that the judiciary has moved towards judicial activism. When legislature is very strong, having absolute majority, the executive encroaches upon the liberty of the subjects, the judiciary alone can give redress against irregularity of action of the executive.
In Maneka Gandhi's case the Supreme Court also gave new expression to the words procedure established by law', used in Article 21. After the decision in this case Article 21 has been on its way to emerge as the new Indian version of American concept of due process. They key to judicial activism is the ruling in Maneka Gandhi that the phrase procedure established by law' in Article 21 does not mean any procedure' but a procedure which is just, fair and reasonable'. Any arbitrary law or procedure that violates Article 14 would be no procedure at all.
Judicial Activism' is a delicate exercise involving creativity. However, such sort of an unaccountable creativity can, in no manner be respected if it thwarts the sanctity of the very fundamental law of the land. For judges cannot and are not expected to run the government within the scheme of governance. They can neither govern nor administer in the manner akin to other organs only by resorting to their contempt powers. That the state has largely failed to rise to the expectations of the people does not, and can never, by itself invert an explicit constitutional mandate. If at all an original scheme of the Constitution is found deficient in dispensing justice by law, then it is high time to review the very book. But till that time, the same cannot be inverted by the judicial wing of the state.
Question : Discuss the provisions of disqualification of MPs and MLAs under Section 8(4) of R.P Act, 1951. What could be the after effects of the recent Supreme Court ruling on the issue? (150 words)
Answer : Provisions of Section 8(4) of R.P. Act, 1951: In the case of a person who on the date of Conviction is a Member of Parliament or a legislature of a State shall not take effect until three months have elapsed. If within a period of three months an appeal or application of revision is brought before a Court of law, the disqualification will not take place until that appeal or application is disposed of by Court.
The recent ruling of a division bench of Supreme Court has declared the aforesaid Section to be illegal because it discriminates the sitting legislators with others. The government has brought out a Bill in the Parliament to nullify the Court order. Earlier the government had filed a revision petition before the apex Court which has been turned down.
Question : The provision of ordinance in Indian Constitution is to legislate in emergency situation. Do you think that the excessive use of ordinance by the government is destroying the will of the people as well as the Parliament? Substantiate. (200 words)
Answer : Ordinances are temporary laws which can be issued by the President when Parliament is not in session.Ordinances are issued by the President based on the advice of the Union Cabinet. The purpose of Ordinances is to allow governments to take immediate legislative action if circumstances make it necessary to do so at a time when Parliament is not in session.
Often Ordinances are used by governments to pass legislation which is currently pending in Parliament. Governments also take the Ordinance route to address matters of public concern. Since the beginning of the first Lok Sabha in 1952, 637 Ordinances have been promulgated.
The President has been empowered to promulgate Ordinances based on the advice of the central government under Article 123 of the Constitution. This legislative power is available to the President only when either of the two Houses of Parliament is not in session to enact laws.Additionally, the President cannot promulgate an Ordinance unless he 'is satisfied' that there are circumstances that require taking 'immediate action'.
Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate. They also cease to operate in case resolutions disapproving the Ordinance are passed by both Houses.
Ordinances are only temporary laws as they must be approved by Parliament within six weeks of reassembling or they shall cease to operate. However, governments have promulgated some ordinances multiple times. For example, The Securities Laws (Amendment) Ordinance, 2014 was re-promulgated for the third time during the term of the 15th Lok Sabha. Re-promulgation of Ordinances raises questions about the legislative authority of the Parliament as the highest law making body.
In the 1986 Supreme Court judgment of D.C. Wadhwa vs. State of Bihar, where the court was examining a case where a state government (under the authority of the Governor) continued to re-promulgate Ordinances, the Constitution Bench headed by Chief Justice P.N. Bhagwati observed:
"The power to promulgate an Ordinance is essentially a power to be used to meet an extraordinary situation and it cannot be allowed to be "perverted to serve political ends". It is contrary to all democratic norms that the Executive should have the power to make a law, but in order to meet an emergent situation, this power is conferred on the Governor and an Ordinance issued by the Governor in exercise of this power must, therefore, of necessity be limited in point of time."
Question : Impeachment process of Chief Justice of India and Sri Lanka. (100 words)
Answer : Under Article 107 of the 1978 Constitution of Sri Lanka, a Chief Justice can only be removed by an order of the President after a motion supporting the removal is passed by a simple majority of Parliamentarians. Whereas Indian Constitution states that a judge may be removed only through a motion in Parliament with a two thirds support in each House. The process is laid down in the Judges (Inquiry) Act, 1968.
As per the Judges Inquiry Act, 1968, a complaint against a Judge has to be made through a resolution either by 100 members of the Lok Sabha or 50 Rajya Sabha members. After the MPs submit a duly signed motion to this effect to their respective presiding officers —Chairman of the Rajya Sabha or Speaker of the Lok Sabha—the presiding officer constitutes a three-member committee. Thereafter, if the committee has concluded that impeachment proceedings be launched, the matter is debated in both Houses of Parliament.
The Judge who is facing impeachment is also given the opportunity to rebut the charges, either in person or through his representative. However, the entire process—debate onwards—has to be completed within a single session of the House, failing which the motion is deemed dropped and can only be taken up if the entire process is repeated afresh in any subsequent session.
Question : Analyse the executive clemency provisions in context of pardoning powers of President of India. (200 words)
Answer : The power to pardon is one of the powers which have been conferred on the executive. Article 72 confers this power on the President and Article 161 does the same on the Governor. Under Indian law, the President of India and the Governors of States have been given the power to grant pardons, reprieves, respites or remission of punishment or to suspend, remit or commute the sentence.
The philosophy underlying the pardon power is that that "every civilized country recognizes and has, therefore provided for the pardoning power to be exercised as an act of grace and humanity in proper cases, without such a power of clemency to be exercised by some department or functionary of government, a country would be most imperfect and deficient in its political morality and in that attribute of deity whose judgments are always tampered with mercy."
The pardoning power is founded on consideration of public good and is to be exercised on the ground of public welfare, which is the legitimate object of all punishments, will be as well promoted by a suspension as by an execution of the sentences.
The term 'pardon' has been defined as an act of grace, proceeding from the power entrusted with the execution of the law, which exempts the individual on whom it is bestowed upon, from the punishment the law inflicts for a crime he has committed. It affects both the punishment prescribed for the offence and the guilt of the offender.
Pardon may substantially help in saving an innocent person from being punished due to miscarriage of justice or in cases of doubtful conviction. It is always preferable to grant liberty to a guilty offender rather than sentencing an innocent person.
The object of pardoning power is to correct possible judicial errors, for no human system of judicial administration can be free from imperfections.
Process of Granting Pardon in India:The process starts with filing a mercy petition with the President under Article 72 of the Constitution. Such petition is then sent to the Ministry of Home Affairs in the Central Government for consideration. The abovementioned petition is discussed by the Home Ministry in consultation with the concerned State Government. After the consultation, recommendations are made by the Home Minister and then, the petition is sent back to the President.
There has always been a debate as to whether the power of the executive to pardon should be subjected to judicial review or not. Supreme Court in a catena of cases has laid down the law relating to judicial review of pardoning power.
In Maru Ram v Union of India, the Constitutional Bench of Supreme Court held that the power under Article 72 is to be exercised on the advice of the Central Government and not by the President on his own, and that the advice of the Government binds the head of the Republic.
In Dhananjoy Chatterjee alias Dhana v State of West Bengal, the Supreme Court reiterated its earlier stand in Maru Ram's case and said:
"The power under Articles 72 and 161 of the Constitution can be exercised by the Central and State Governments, not by the President or Governor on their own. The advice of the appropriate Government binds the Head of the state."
Supreme Court in Kehar Singh v Union of India held that the grant of pardon by the President is an act of grace and, therefore, cannot be claimed as a matter of right. The power exercisable by the President being exclusively of administrative nature is not justiciable.
In Swaran Singh v State of U.P., the Governor of U.P. had granted remission of life sentence awarded to the Minister of the State Legislature of Assembly convicted for the offence of murder. The Supreme Court interdicted the Governor's order and said that it is true that it has no power to touch the order passed by the Governor under Article 161, but if such power has been exercised arbitrarily, mala fide or in absolute disregard of the "finer cannons of constitutionalism", such order cannot get approval of law and in such cases, "the judicial hand must be stretched to it." The Court held the order of Governor arbitrary and, hence, needed to be interdicted.
In a landmark judgment, Epuru Sudhakar & Anr vs Govt. of A.P. & Ors, it was held by the Supreme Court that it is a well-set principle that a limited judicial review of exercise of clemency powers is available to the Supreme Court and High Courts. Granting of clemency by the President or Governor can be challenged on the following grounds:
Now, it is a well settled principle that power under Articles 72 and 161 is subject to judicial review.
The pardoning power of Executive is very significant as it corrects the errors of judiciary. It eliminates the effect of conviction without addressing the defendant's guilt or innocence. The process of granting pardon is simpler but because of the lethargy of the government and political considerations, disposal of mercy petitions is delayed. Therefore, there is an urgent need to make amendment in law of pardoning to make sure that clemency petitions are disposed quickly. There should be a fixed time limit for deciding on clemency pleas.
Regarding the judicial review debate, pardoning power should not be absolute as well as Judiciary should not interfere too much in exercise of this power. As judicial review is a basic structure of our Constitution, pardoning power should be subjected to limited judicial review. If this power is exercised properly and not misused by executive, it will certainly prove useful to remove the flaws of the judiciary.
Question : Spell out the object and reasons of Part IV-A of the Constitution of India. Do you support this addition to the constitution of India? Give reasons and also suggest some effective measures to make these provisions more realistic and operational. (200 words)
Answer : Originally, the constitution of India did not contain any list of fundamental duties. In other words, enjoyment of fundamental rights was not conditional on the performance of fundamental duties. It was on this Soviet model that fundamental duties were added to the Indian Constitution by 42nd amendment of the constitution in 1976.
Fundamental Duties were added to the Constitution of India with the recommendations of the Swaran Singh Committee. It is meant to bring our Constitution in line with the Universal Declaration of Human Rights and the Constitutions of Japan, China, and USSR.
List of Fundamental Duties: Art. 51A, Part IVA of the Indian Constitution, specifies the list of fundamental duties of the citizens. It says "it shall be the duty of every citizen of India:
Further, one more Fundamental duty has been added to the Indian Constitution by 86th Amendment of the constitution in 2002.
In one respect, the legal utility of the Fundamental Duties is similar to that of the Directives as they stood in the Constitution of 1949; while the Directives were addressed to the State, without any sanction, so are the Duties addressed to the citizen, without any legal sanction for their violation.
The citizen, it is expected, should be his own monitor while exercising and enforcing his fundamental rights, remembering that he owes the duties specified in Article 51A to the State and that if he does not care for the duties he should not deserve the rights.
The Fundamental Duties inscribed in the Constitution are a mixed bag of expectations and exhortations. Quite a good number of these items are those which are enforceable today even without their being specifically incorporated in the Constitution.
In this category fall the items to abide by the Constitution, respect the National Flag and the National Anthem, to defend the country and render national service when called upon to do so and safeguard public property. To uphold and protect the sovereignty, unity and integrity of India draws sustenance from the same moral source from which the Constitution's Sixteenth or anti-secessionist amendment itself stems.
The three most important items in the list of Fundamental Duties are those requiring the citizens to respect the ideals of the Constitution and the institutions it establishes, to promote harmony and the spirit of common brotherhood amongst all the people of India professing different religions, speaking different languages, practising different customs and inhabiting different parts of the country, and to safeguard the public property and to abjure violence. These are clearly intended to meet certain specific political threats that democracy in India has to contend with.
The fundamental duties enumerated in Article 51A constitute a constant reminder to the citizens that they have duties in building up a free, egalitarian, healthy and responsible society. These are expected to act as damper to reckless and anti-social activities on the part of some individuals.
India is a multi-racial and multi-religion country. Such a vast democratic country like India can prosper only when the citizens of this country respect its integrity and promote cultural harmony.
Environmental pollution has become a great cause of concern, not only for Indian, but for the entire humanity. Unless, we all take the pledge to keep our environment free from pollutants, there remains the threat of undesirable consequences.
The inclusion of providing opportunity for education for children as a Fundamental duty is a big step forward towards safeguard of human-rights and abolition of social injustices.
Question : Election of Indian and US president. (100 words)
Answer : In both India and USA, the Constitution provides for an indirect election of the President elected by the Electoral College. But in USA Electoral College is formed especially for the election which consists of members directly elected by the people. The Electoral College consists of as many members as is the strength of the two Houses of the Congress and after election the Electoral College dissolves. Whereas in India the Electoral College consist of elected members of the Parliament and State legislative assemblies which remains even after election.
Indian President is elected through proportional representation while the US President is elected through first past the post system.
Value of votes in Presidential Election in India varies according to the population of the state while in US the Electoral College has equal value of votes.
In general the US Presidential Election is based on a more or less pre-defined election calendar. But in India no such time frame exists.
Question : E-government initiatives depend upon the local situations and governance activities that are expected to be performed. Do you think that increase in the number of Mission Mode Projects has an answer to it? Substantiate. (200 words)
Answer : Electronic governance or e-governance is the application of information and communication technology (ICT) for delivering government services, exchange of information communication transactions, integration of various stand-alone systems and services between government-to-citizen (G2C), government-to-business (G2B), government-to-government (G2G) as well as back office processes and interactions within the entire government framework. Through e-governance, government services will be made available to citizens in a convenient, efficient and transparent manner. The three main target groups that can be distinguished in governance concepts are government, citizens and businesses/interest groups. In e-governance there are no distinct boundaries
The National e-Governance Plan (NeGP) has been formulated by the Department of Electronics and Information Technology (DEITY) and Department of Administrative Reforms and Public Grievances (DARPG). The central Government approved the NeGP, comprising of 27 Mission Mode Projects (MMPs) and 10 components in 2006.
The NeGP aims at improving delivery of Government services to citizens and businesses with the following vision: "Make all Government services accessible to the common man in his locality, through common service delivery outlets and ensure efficiency, transparency & reliability of such services at affordable costs to realise the basic needs of the common man."
Implementation Strategy, Approach and Methodology of NeGP
Implementation of e-Governance is a highly complex process requiring provisioning of hardware & software, networking, process re-engineering and change management. Based on lessons learnt from the past and the experience from successful e-Governance applications, the approach and methodology adopted for NeGP contains the following elements:
Question : Due process of law and Process established by law enshrined in Indian and USA constitution. (100 words)
Answer : Due Process is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that states enact must confirm to the laws of the land like fairness, fundamental rights, liberty etc. It also gives the judiciary to access the fundamental fairness, justice, and liberty of any legislation. Procedure Established By Law-It means that a law that is duly enacted by legislature or the concerned body is valid if it has followed the correct procedure.
The difference between "due process of law" and "procedure established by law" is that under the American system, a law must satisfy the criteria of a liberal democracy. In India "procedure established by law", on the other hand, means a law duly enacted is valid even if it's contrary to principles of justice and equity.
Question : Indian Constitution promotes international co-operation and amity. Elucidate. (100 words)
Answer : Indian Constitution under Article 51 of DPSP directs the state to make endeavour to promote inter-national peace and security; maintain just and honourable relations between nations; and foster respect for international law and treaty obligations in the dealings of organised people with one another; and encourage settlement of international disputes by arbitration.
Under Article 253, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.
Question : Discuss the role of SHGs in financial inclusion. (100 words)
Answer : Financial Inclusion is a very important initiative for the sustainable growth of a country. With a huge rural population, that is economically challenged, Government in India has rolled out many initiatives like Rural Employment Guarantee Scheme, Sarva Shiksha Abhiyan (Education for All), Bharat Nirman Programme.
But to support the growth, a committee on Financial Inclusion (FI) was also formed in June 2006, with Dr. C Rangarajan as Chairman to recommend a strategy to achieve a higher Financial Inclusion in the country.
India in last 15 years has witnessed unprecedented growth in financial services, unfolded by liberalization and globalization of financial services due to adoption of Information Technology and unlocking of the regulatory framework. But alongside this positive development there are evidences that the formal financial sector still excludes a large section of population.
As an innovative credit channel, the Self Help Group (SHG) approach was introduced in 1992, to link poor people with bank credit. Under this programme, about 40 million rural families have been linked with banks up to March 2007 (NABARD). The distinguishing feature of this approach as compared to other sponsored credit schemes islearning the management of own money by the poor before availing bank loan.
Moreover, the SHG approach (not SGSY) does not involve any subsidy; hence, it is sustainable with its own strength. A number of studies have found that SHG approach reduces the transaction cost for banks and loan availing cost of borrowers.
In financing SHGs, the requirement of collateral by banks has been replaced by peer group pressure and hence this approach has enabled social and economic inclusion of women by waiving the requirement of collateral.
Some important highlights of SHG achievements in India are as under:
Question : Justice is not a cloistered virtue and she must be allowed to suffer the scrutiny and respectful, even though, outspoken, comments of ordinary men. In the light of the above statement differentiate between the freedom of speech and what amounts to contempt of court. (200 Words)
Answer : The Constitution of India provides the right to freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the Freedom of speech and expression, as one of its six freedoms.
Under Indian law, the ‘freedom of speech’ and the ‘freedom of press’ do not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian Constitution enables the legislature to impose certain restrictions on free speech under following heads:
| i. Security of the State | ii. Friendly relations with foreign States |
| iii. Public order | iv. Decency and morality |
| v. Contempt of court | vi. Defamation |
| vii. Incitement to an offence | viii. Sovereignty and integrity of India |
Reasonable restrictions on these grounds can be imposed only by a duly enacted law and not by executive action.
Contempt of Court: The constitutional right to freedom of speech does not allow a person to contempt the courts. The expression Contempt of Court has been defined Section 2 of the Contempt of Courts Act, 1971. The term contempt of court refers to civil contempt or criminal contempt under the Act. But judges do not have any general immunity from criticism of their judicial conduct, provided that it is made in good faith and is genuine criticism, and not any attempt to impair the administration of justice. In In re Arundhati Roy ((2002) 3 SCC 343), the Supreme Court of India followed the view taken in the American Supreme Court (Frankfurter, J.) in Pennekamp v. Florida, in which the United States Supreme Court observed: "If men, including judges and journalists, were angels, there would be no problem of contempt of court. Angelic judges would be undisturbed by extraneous influences and angelic journalists would not seek to influence them. The power to punish for contempt, as a means of safeguarding judges in deciding on behalf of the community as impartially as is given to the lot of men to decide, is not a privilege accorded to judges. The power to punish for contempt of court is a safeguard not for judges as persons but for the function which they exercise". In E.M.S. Namboodripad v. T.N. Nambiar, the Supreme Court confirmed the decision of the High Court, holding Mr. Namboodripad guilty of contempt of court. In M.R. Parashar v. Farooq Abdullah, contempt proceedings were initiated against the Chief Minister of Jammu and Kashmir. But the Court dismissed the petition for want of proof.
Question : What is the interrelation among Direct Benefit Transfer Scheme, PDS and UID? Explain. (100 words)
Answer : Direct benefit transfer scheme aims to ensure that benefits go to individual’s bank accounts electronically, cutting down delays and diversions and PDS aims at providing food amenities to weaker section at subsidized prices.
UID can act as means to achieve the above goals without leakage as it provides: better identification of beneficiaries; technological support as iris and fingerprinting scanning thus reduces bogus cards; increase financial inclusion, etc.
Question : How interests of minorities are protected by the Indian Constitution?
Answer : The Indian Constitution contains articles such as 29 to 30 and 350A to 350B to protect the interests of minorities in India. It recognizes both linguistic and religious minority status.
Further in India, Articles 15 and 16 of the Constitution prohibit the state from making any discrimination on the grounds of religion, race, caste, sex, descent, and place of birth, residence or any of them. Under Article 340 of the Constitution empowered the president to appoint a commission “to investigate the conditions of socially and educationally backward classes”. Also right to religion as defined in article 25, 26, 27 and 28 also safeguards interests of religious minorities.
Question : The federalism in India is not a matter of administrative convenience, but one of principle. In the light of the above statement critically evaluate the vision of transforming India through cooperative, competitive Federalism. (200 words)
Answer : India has changed dramatically over the past 68 years in terms of demography with the population increasing to 125 crores. With increasing levels of development, literacy and communication, the aspirations of the people have soared, necessitating changes and innovations in governance systems. Even the economy has undergone a paradigm shift with Agriculture's share showing dramatic drop, from more than 50% to less than 15% of GDP and the private sector emerging as a vibrant and dynamic force with a global scale and reach. Even the central government's Twelfth Five Year Plan size of Rs 43 lakh crore, is huge compared to the First Five Year Plan size of Rs 2,400 crore. Moreover in the last few decades, States have evolved from being mere followers of the Centre, to being the actual drivers of national development. Hence the nation's progress lies in the progress of States.
This changing reality and growing mismatch has been recognized for years now; with experts, including many from within the erstwhile Planning Commission, recommending appropriate changes letting go of old practices and beliefs whose relevance had been lost, and adopting new ones based on the past experiences of India as well as other nations.
Hence it was time that priorities, strategies and structures dating back to 1950 when the Planning Commission was set up, were to be revisited. As a result the Government of India set up NITI Aayog (National Institution for Transforming India) in place of the Planning Commission, as a means to better serve the needs and aspirations of the people of India with the Governments' transition from being a 'provider of first and last resort' and 'major player' in the economy, to being a 'catalyst' nurturing an 'enabling environment', where the entrepreneurial spirits of all, from small self-employed entrepreneurs to large corporations, can flourish. This would help the Government to focus its precious resources on public welfare domains such as food, nutrition, health, education and livelihood of vulnerable and marginalized groups.
The NITI Aayog comprises of the Prime Minister of India as the Chairperson; Governing Council comprising the Chief Ministers of all the States and Lieutenant Governors of Union Territories with the Regional Councils formed to address specific issues and contingencies impacting more than one state or a region. Experts, specialists and practitioners with relevant domain knowledge as special invitees nominated by the Prime Minister will assist this think tank comprising Vice Chairman, two fulltime and part time members among others.
While Planning Commission enjoyed the powers to allocate funds to ministries and state governments, NITI Aayog is an advisory body, or a think-tank.Under Planning Commission, States' role was limited to the National Development Council and annual interaction during Plan meetings and the commission reported to National Development Council that had state chief ministers and lieutenant governors of UTs. But Niti Aayog's Governing Council has state chief ministers and lieutenant governors as the all-powerful body. Under Niti Aayog states are consulted while making policy and deciding on funds allocation. Final policy would be a result of that consultation unlike under Planning Commission when policy was formed by the commission and states were then consulted about allocation of funds. While Niti Aayog is a think-tank and does not have the power to impose policies, Planning Commission decided policies for states and tied allocation of funds with projects it approved, a methodology driven by "one size fits all" concept.
NITI Aayog envisages providing a critical directional and strategic input into the development process. The centre-to-state one-way flow of policy, that was the hallmark of the Planning Commission era, is now sought to be replaced by a genuine and continuing partnership of states. The NITI Aayog will also seek to put an end to slow and tardy implementation of policy, by fostering better Inter-Ministry coordination and better Centre-State coordination. It is expected to help evolve a shared vision of national development priorities, and foster cooperative federalism, recognizing that strong states make a strong nation. In addition, the NITI Aayog will monitor and evaluate the implementation of programmes, and focus on technology upgradation and capacity building.
The opposition parties as usual had mocked the launch of NITI Aayog as a cosmetic relabeling exercise. However, the ruling partyjustifiedby saying that, "With the new set of changes, the state governments no longer need to have a begging attitude and instead take independent steps for development,"and it is one more of their key promises of robust federalism.
To conclude, adoption of new ideas, techniques, institutions, processes does not occur naturally but results from hard work, trial and error. The adoption of innovations involves altering human behavior, and the acceptance of change.There is a natural resistance to change for several reasons, but change is inherent to development and a structured change through cooperative, competitive federalism can dismiss all resistance and usher in a New Vibrant India.
Question : Japanese Constitution as a ‘Peace Constitution’
Answer : The Japanese Constitution, also known as the "Postwar Constitution" or the "Peace Constitution", is most characteristic and famous for the renunciation of the right to wage war contained in its Article 9.
The Constitution of Japan, upholding pacifism, sets forth in Article 9 the renunciation of war, non-possession of war potential and denial of the right of belligerency of the state.
The Constitution mentions that aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
Question : The donee of a limited power cannot by exercise of that power convert the limited power in to an unlimited one. In the light of the above statement discuss the limitation to the constituent power of Parliament to amend the constitution. (200 Words)
Answer : Amendment of the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
However, there is another limitation imposed on the amending power of the constitution of India, which developed during conflicts between the Supreme Court and Parliament, where Parliament wants to exercise discretionary use of power to amend the constitution while the Supreme Court wants to restrict that power. This has led to the laying down of various doctrines or rules in regard to checking the validity/legality of an amendment, the most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala.
Limitations: The Constitution can be amended only by Parliament; and only in the manner provided. Although Parliament must preserve the basic framework of the Constitution, there is no other limitation placed upon the amending power, meaning that there is no provision of the Constitution that cannot be amended. In Abdul Rahiman Jamaluddin v. Vithal Arjun, the Bombay High Court held that any attempt to amend the Constitution by a Legislature other than Parliament, and in a manner different from that provided for, will be void and inoperative.
The Supreme Court first struck down a constitutional amendment in 1967, ruling in the case of I.C. Golak Nath and Ors. vs. State of Punjab and Anr. An amendment was struck down on the basis that it violated Article 13: "The State shall not make any law which takes away or abridges the rights conferred by [the charter of Fundamental Rights]". The term "law" in this article was interpreted as including a constitutional amendment. Parliament responded by enacting the twenty-fourth Amendment of the Constitution of India which declared that "nothing in Article 13 shall apply to any amendment of this Constitution".
The current limitation on amendments comes from Kesavananda Bharati v. The State of Kerala, where the Supreme Court ruled that amendments of the constitution must respect the "basic structure" of the constitution, and certain fundamental features of the constitution cannot be altered by amendment. Parliament attempted to remove this limitation by enacting the Forty-second Amendment, which declared, among other provisions, that "there shall be no limitation whatever on the constituent power of Parliament to amend ...this Constitution". However, this change was itself later declared invalid by the Supreme Court in Minerva Mills v. Union of India.
The issue of whether an entire constitutional amendment is void for want of ratification or only an amended provision required to be ratified under proviso to clause (2) of article 368 was debated before the Supreme Court in Kihota Hollohon v. Zachilhu (AIR 1993 SC 412), in which the constitutional validity of the Tenth Schedule of the Constitution inserted by the 52nd Amendment in 1985 was challenged. The decisions of the Speakers/Chairmen on disqualification, which had been challenged in different High Courts through different petitions, were heard by a five-member Constitution Bench of the Supreme Court. The case, now popularly known as Anti-Defection case, was decided in 1992. The Constitution Bench in its majority judgement upheld the validity of the Tenth Schedule, but declared Paragraph 7 of the Schedule invalid because it was not ratified by the required number of the Legislatures of the States as it brought about in terms and effect, a change in articles 136, 226 and 227 of the Constitution. While doing so, the majority treated Paragraph 7 as a severable part from the rest of the Schedule. However, in the dissenting opinion, the minority of the Judges held that the entire Amendment is invalid for want of ratification
Question : National Judicial Data Grid
Answer : The National Judicial Data Grid (NJDG) is a part of the on-going e-Courts Integrated Mission Mode Project.
NJDG will work as a monitoring tool to identify, manage and reduce pendency of cases. It will also help to provide timely inputs for making policy decisions to reduce delay and arrears in the system, facilitate better monitoring of court performance and systemic bottlenecks and thus, facilitate better resource management.
The NJDG will cover all categories of cases, including those relating to juvenile justice system. The NJDG is being implemented on a pilot basis in the current financial year 2013-14.Question : The doctrine of basic structure is the sheet anchor of individual liberty and social justice. In the light of the above statement discuss the extent to which the said doctrine has been safeguarding liberty and facilitating social justice. (200 words)
Answer : The idea behind this constitutional doctrine of basic structure is that there are certain features of the 'fundamental law' of the land, which cannot be amended by the actions of the legislative. In this regard, there are legislative instruments, as well as judicial pronouncements supporting this very idea of existence of basic structure.
In India, there are two basic cases on the issue where the question of amending power of the parliament (Article 368), under the Constitution of India, 1949 (hereinafter the "Indian Constitution") was discussed and decided upon. In this regard, first case is I. C. Golak Nath Vs. State of Punjab, the 1967 judgment on the question of amending power of the Parliament of India, where it was held that the Parliament cannot amend the fundamental rights' part of the Indian Constitution in a way that it curtails the ambit of these fundamental rights. The two issues, discussed in the case of Golak Nath were that whether the act of Parliament, amending the Indian Constitution, fell in the definition of 'Law' as provided in Article 13(2) of the Indian Constitution, and whether the amending power of parliament extended to amending the fundamental rights as well? To the first issue, the court held that the any amendment to the Indian Constitution must be deemed 'law' as understood in Article 13 (2). For the second issues, majority of the judges in Supreme Court of India ruled in the favor of limited amending power of the parliament.
However, in the latter case of Kesavananda Bharati Vs. State of Kerala, the Supreme Court of India recognized the Indian Parliament's right to amend the Indian Constitution, and restricted this amending power to the extent that it would not take away the basic structure of the Indian Constitution.
In Kesavananda's case, it was held that what can be constituted as the 'basic structure', includes, inter alia, the status of basic land of law, the religious/secular character of the Constitution, the form of Government, and the character of the Constitution. According to Lord Birkenhead, L.C., this basic structure of the Constitution is based on the foundation that is enshrined in the constitutional freedoms.
In the said case, the six judges, led by Chief Justice, had mentioned specific provisions which may not be abrogated by the exercise of power under Article 368 of the Indian Constitution. However, these six judges who held that the 'essential elements' or the 'basic features' of Constitution cannot be abrogated did not give a definitive list of these basic features.
The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values.The vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles.These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties.
Question : Doctrine of Progressive Interpretation
Answer : It is based on the principle that all constitutional provisions should be interpreted to meet and cover the changing conditions of Socio economic life.
The judiciary in India has been guided by the doctrine of progressive interpretation which means that the courts have interpreted the provisions of the Constitution in the light of the social, economic and legal conditions prevailing at that point of time.
Question : Discuss how market globalization affected the Indian polity? (200 words)
Answer : India is, of course, a democratic republic with a federal government structure. Today, administration is gradually moving towards transparency in its business. As far as the decentralised governments are concerned, the law has created an institutional mechanism to ensure transparency in administration. The institutions provided for are the grama sabhas in the rural setting and ward committees in the urban areas. In these bodies, the local government authorities are expected to place accounts, and report progress of works taken up for verification and review by the citizens, to get feedback on people's needs and to identify potential beneficiaries under the various anti-poverty programmes. The citizen participation in these meetings is ensured by giving advance notice and holding meetings in every village and ward. There is room for open discussion and the functionaries of the local self-governments are expected to be accountable to the people for their activities and performance. In a way, this arrangement is intended, apart from facilitating participatory governance, to eradicate corruption or at least keep it at the minimum level.
As for the executives at the higher and national level, Lokpal or Ombudsman at the Centre has been setup. From this it is clear that attempts undoubtedly are being made to bring the top level executives under the umbrella of accountability.
The liberalisation and globalisation process is supposed to give primacy to market in meeting the needs of the people. So much so, the role of Government in the economic life of the people logically should come down. When this happens, there should be follow-up steps to reduce the size of the government staff which at present has reached a ridiculously high level. The realisation of such a possibility has caused the government at the Centre to look around for ways of cutting down the existing staff. As any such move would provoke protests from the employees, the strategies thought out were: (a) to provide for voluntary retirement scheme and (b) to retain and reallocate staff from where they are found to be surplus in numbers to where there was understaffing. Monetary incentives were also proposed to be offered to those who took voluntary retirement.
The civil society comprising various organisations of people meant to provide services is an outgrowth of the inadequacy or even the failure of the state to deliver some public goods and services on a scale required and at reasonable prices. These organisations are growing in strength in recent years especially during the post-reforms period. The downsizing of the government and the withdrawal of the state from certain areas of operation provide space for, and make way to, the civil society. However, experience has it that the growth of civil society need not be in proportion to the space vacated by the state. The civil society had emerged and was growing even while the state was tending to occupy new spaces. What is notable is that during the post-reforms period the civil society is not only occupying the space vacated by the State but it is also moving into areas where the state and private sectors are operating.
The opening-up of the economy to foreign goods, capital and political ideas on a larger scale than before soon after the globalisation has led to the realisation on the part of well- meaning individuals and social activists to take up the cause of the weaker sections in particular and the community in general. Besides, these groups are also increasingly resorting to public interest litigation (PIL) to redress grievances against the mighty state power. That apart, citizens are forming associations to take care of their needs which hitherto had been looked after by the state. The Mahila Mandals and the youth clubs which had been dormant all these years have been activated now.
Whatever be the reasons behind these political developments, it should be stated that these are consistent with what has been observed in other countries which adopted economic reforms. At this stage two questions may be raised: one, are these political changes the product of liberalisation and globalisation process alone? Two, are these changes good enough to promote good governance? As for the first question, from want of adequate and relevant data, it is difficult to establish a one-to-one relationship between the two. The fact that apart from the economic reforms there have been several other socio-political factors simultaneously operating to cause the political changes to occur and counsels caution against any generalisation.
Hence, to say that these changes are due solely to or even largely to economic reforms would be to invite criticism. However, on the second question, it should be possible to do a little bit of loud thinking.
To any keen observer of the developments taking place in the Indian polity during the post-economic reforms, it becomes clear that the changes that are occurring are not as drastic as one had expected. The state, no doubt, has created some space for the private sector in certain spheres and for the civil society in certain other spheres. Its intention to open a window to the citizens to see how it is functioning, to close in on the erring corrupt political functionary and bureaucrat and thereby to provide good governance is appreciable. But the recent history of the state in regard to human rights, the handling of corrupt politicians, bureaucrats and criminals and the manner of interfering with the judicial process and meddling with the Constitution do not suggest that the state really means all that it has mouthed.
Secondly, the political reforms to complement the economic reforms ought not only to be preoccupied with the quantitative aspects like downsizing the government staff and government bodies but also with the qualitative aspects. As for the latter, it should be stated that there should be a sincere attempt to transform the government institutions into efficient, prompt, and cost-effective professional service-providing organisations.
Question : Internal Party democracy and pre-election manifesto must be made more regulated and official. Do you agree? (200 words)
Answer : In the background of the foregoing analysis of the functioning of the party system in India, it is evident that the parties in India face a number of challenges. Not only they have declined in terms of their ideological orientations and commitment to the welfare of the masses, but in the recent past they have shown tendencies of factionalism, doggedness in terms of opposition for opposition sake, and agitational politics. At times they have displayed behaviour, which tends to be unprincipled and unconcerned for the welfare of the masses. Many of their leaders have been affected by communalism, caste, community or religious biases and have known to have links with mafia groups, criminals, senas, and militant or fundamentalist organizations.
Changing of party or group loyalty is endemic in party organizations in India, and almost everyone is willing to defect at the drop of the hat, if the grass seems to be greener on the other side. Parties make and break political alliances to maintain their influence within the party and government, and to remain in power with the aim to keep the rivals out. Most of these factional groups are non-ideological and have neither vision of the good for the people or the capability to govern or undertake party responsibilities.
The political parties in India face organizational problems in regard to discipline, defections, intra-party organizations, elections within the parties, and splits in the party. The raising of adequate funds for party organizations and activities by legitimate means and their appropriate and effective utilization during non-election and election periods is a perennial problem. Criminalisation of politics and politicization of criminals and the maintenance of public ethics is another area of concern in respect of party functioning.
Thus in the perspective of the evolution of political parties in India during the last fifty years as described above, the following are some of the areas of reform which should be of immediate concern:
Question : Psychosocial Disabilities
Answer : The disabilities arising from mental health problems are called psychosocial disabilities. While not everyone with a mental illness will experience psychosocial disability, those that do can experience severe effects and social disadvantages. This reflects the challenges that people face as they are often shunned from their communities and face discrimination and abuse as well as finding work and other responsibilities difficult to manage.
Question : Write brief notes on ‘Ad-hoc Judges in Supreme Court’ in not more than 20 words.
Answer : If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, the Chief Justice of India may, with the previous consent of the President and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.
Question : Write brief notes on ‘Gyandoot service delivery initiative’ in not more than 20 words.
Answer : The Gyandoot project was initiated in the Dhar district of Madhya Pradesh. Gyandoot is a low cost, self-sustainable, and community-owned rural Intranet system (Soochnalaya) that caters to the specific needs of village communities in the district.
The Soochanalayas are organised as Kiosks provide wide range of services that include agricultural information, market information, health, education, women’s issues, and applications for services delivered by the district administration related to land ownership, affirmative action, and poverty alleviation.
Question : Write brief notes on ‘Lokvani Project in Uttar Pradesh’ in not more than 20 words.
Answer : Lokvani is a public-private partnership e-Governance programme which has been initiated in the district of Sitapur. Lokvani system has empowered the citizens by generating awareness towards their rights through a seamless flow of information.
The services offered by Lokvani encompass a wide range of government departments. The services offered by Lokvani are (a) grievances and petitions, (b) land records, (c) tender services, (d) employment services, (e) information related to government schemes and (f) information about government services (g) information related to fair price shops (h) status of arms license applications etc.
Question : Article 371 (2) and Maharashtra
Answer : Article 371(2) was inserted in the Constitution by the Constitution (Seventh Amendment) Act, 1956 to ensure full integration of the people of Vidarbha and Marathwada areas with the areas of the erstwhile State of Bombay in which those areas were proposed to be merged as a result of reorganisation of States. It was contemplated that in case of inequitable development of these areas, the recourse could be had to Article 371 (2) whereby the Governor could be given special responsibility through a Presidential Order for: -
Question : Write brief notes on ‘Function of Chief Electoral Officers’ in not more than 20 words.
Answer : The Chief Electoral Officer functions under the superintendence, direction & control of the Election Commission of India as delineated in the Representation of the People Acts, 1950 & 1951. He supervises the preparation, revision & maintenance of electoral rolls in the state.
He also overseas conducts of elections to the House of the People and the State Legislative Assembly and facilitates elections to the Office of the President and the Vice President of India as per the provisions of the relevant Acts. Function of the Chief Electoral Officer:
Every state Government appoints an officer as CEO in consultation with Election Commission of India for smooth conduct of election and for preparation of electoral Roll for the various constituencies.Question : Primus inter pares
Answer : Primus inter pares (the first among equals) is a Latin phrase describing the most senior person of a group sharing the same rank or office. The Prime Minister of India is often termed as Primus inter pares as he is the head of the government and has executive powers.
Question : Role of 1st Appellate Authority under Right to Information Act, 2005. (50 words)
Answer : The first appeal lies within the public authority itself which is made to an officer designated as the First Appellate Authority by the concerned public authority. The First Appellate Authority happens to be an officer senior in rank to the Public Information Officer. The information sought by an applicant should either be supplied to him or his application should be rejected within the time prescribed by the Act.
If additional fee need be charged from the applicant, communication in this regard should be sent to him within the time limit prescribed for sending information. If the applicant does not receive information or decision about rejection of request or communication about payment of additional fee within the specified time, he can make an appeal to the First Appellate Authority.
Appeal can also be made if the applicant is aggrieved by the decision of the Public Information Officer regarding supply of information or the quantum of fee decided by the Public Information Officer. A third party can prefer an appeal to the First Appellate Authority if it is not satisfied with the decision made by the Public Information Officer about disclosure of the information for which it has objected.
Such an appeal can be made within thirty days from the date of the receipt of notice from the Public Information Officer to the effect that he proposes to disclose the concerned information. If not satisfied with the decision of the First Appellate Authority, the third party can prefer the second appeal to the Information Commission.
Every public authority is mandated to nominate a departmental appellate authority under section 19 (1) of the RTI Act, who is senior in rank to the PIO. The 1st appellate authority acts when an applicant has not received a decision within 30 days of the receipt of the request or has been denied the information or has received incomplete information.
Question : Demands for grants
Answer : The estimates of expenditure from the consolidated fund included in the budget and required to be voted by the Lok Sabha are submitted in the form of Demands for grants.
The demands for grants of the various Ministries show the plan expenditure under each head separately from the non-plan expenditure. The documents also gives the total plan provisions for each of the ministries arranged under the various heads of development and highlights the budget provisions for the more important plan programmes and schemes.
A large part of the plan expenditure incurred by the central government is through public sector enterprises. The Railways and Telecommunication services are the principal departmentally-run commercial undertakings of government.
Question : Powers of Observers appointed by Election Commission of India. (50 words)
Answer : The Election Commission of India appoints Observers under section 20B of the Representation of the People Act, 1951. They are the eyes and ears of the commission. They keep a watch over expenditure incurred by a candidate or by a political party. The observer can stop the counting of votes, if in his opinion a booth capturing has taken place.
Powers can be summed up as:
Question : Compare the provisions of suits and torts in India with that of UK. (50 words)
Answer : Tort law in India is a relatively new common law development supplemented by codifying statutes, including statutes governing damages. While India generally follows the UK approach, there are certain differences which may indicate judicial activism, hence creating controversy.
Tort is breach of some duty independent of contract which has caused damage to the plaintiff giving rise to civil cause of action and for which remedy is available.
Question : India has granted the voting rights to NRIs under Representation of People Act. Discuss the provisions under the Bill related to it. (50 words)
Answer : An estimated 11 million NRIs are living in various countries across the world. Under the new Act, NRIs “who have not acquired citizenship of any other country and are living abroad owing to employment, education or otherwise, are now eligible to register their names in the electoral rolls” in their places as mentioned in their passport.
However, the person will be able to exercise the franchise only if he or she is present in the constituency on the polling day. The new law will allow an Indian citizen residing abroad to enroll in voter’s list and exercise his franchise even if he or she remained away from place of residence in India for more than six months owing to employment, education or otherwise.
Question : Compare Indian and US Constitution in following respects:
The President of India is vested with the following three types of veto power:
Question : Members of Parliament are considered to be protector of parliamentary culture and ethos but many times sanctity of parliament has been violated. Elucidate power, privileges and immunities of MPs. (100 words)
Answer : Article 105 deals with the powers, privileges and immunities of the Houses of Parliament, their members and Committees. It guarantees to every member freedom of speech in Parliament and grants immunity from proceedings in any Court of law in respect of anything said or any vote given by him in Parliament or in any of its Committees.
A similar immunity is granted in respect of any publication under the authority of either House of Parliament of reports, papers, votes or proceedings. A question of privilege can be raised by any member provided it satisfies the conditions laid down for its admissibility.
The matter is then referred to the Committee of Privileges if the House agrees to that and appropriate action is taken by the House on the basis of the recommendations of the Committee.
Question : What are the different types of interactions in e-Governance? Explain the significance of G2G (Government to Government). (100 words)
Answer : There are four types of interactions in e-governance.
In the case of Government to Government interactions, ICT is used not only to restructure the government process involved in the functioning of government entities, but also to increase the flow of information and services within and between different entities. This kind of information can be horizontal i.e. between different government agencies or vertical i.e. between national, provincial and local government agencies.
Question : What do you mean by 'Sevottam Model' of Citizen Charter and its utility in respect to 'Citizens'? (100 words)
Answer : 'Sevottam' is a service delivery excellence Model which provides an assessment – improvement framework, to bring about excellence in public service delivery. This model opens a channel of receiving citizen's inputs into the way in which organisations determine service delivery requirements.
It also provides a good grievance redressal system operating in a manner that leaves the citizen more satisfied with how the organization responds to complaints/grievances, irrespective of the final decision. Sevottam model postulates that an organization can have an excellent performance in service delivery only if it is efficiently managing the key ingredients for good service delivery.
Question : Discuss the powers, functions and working of National Consumer Disputes Redressal Commission. (100 words)
Answer : Since National Consumer Disputes Redressal Commission is the highest level of consumer courts, it may entertain all matters where the values of the claim exceeds 1 crore. The territorial jurisdiction of the Commission is whole of India, except the state of J&K.
The National Commission has jurisdiction to entertain the appeals against the orders of any State Commission. The appeal may be preferred within 30 days of the date of the order of the State Commission. The National Commission can call for the records and pass the appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission. The National Commission shall have administrative control over all the State Commissions.
Question : Why certain organizations have been exempted and listed in second schedule of RTI Act, 2005? Is the exemption absolute? (100 words)
Answer : In line with the objectives of protecting the national interests and security and integrity of the country, certain organisations have been exempted from the application of provisions of RTI Act, 2005. The intelligence and security organizations, which have been specified in the second schedule or any2 information furnished by such organizations to government, have been exempted from the application of the RTI Act, 2005.
Similarly such intelligence and security organizations, which have been established by a state government, are exempted from the provisions of the aforesaid Act. The exemptions given to these organizations are not absolute. They are duty bound to provide information regarding corruption and human-rights violations.
Question : What do you mean by 'Electoral Roll'? What essential steps have been taken by the Election Commission in recent years to 'Sanitise' the Electoral Roll? (100 words)
Answer : For every assembly constituency there shall be an electoral roll which shall be prepared in accordance with the provisions of 'Representation of the People Act, 1950.'
Election Commission has taken the following steps to sanitize the electoral roll.
Question : Decentralization, de-concentration and devolution empower an individual. Discuss with examples. (100 words)
Answer : “Decentralisation is usually referred to as the transfer of powers from central government to lower levels in a political-administrative and territorial hierarchy.
The term decentralisation is used to cover a broad range of transfers of the "locus of decision making" from central governments to regional, municipal or local governments”. For example 73rd and 74th Amendment Act provide for PRIs and urban local bodies.
De-concentration, is the term referring to: “The process by which the agents of central government control are relocated and geographically dispersed”.
Devolution, refers to: “The transfer of ‘natural resource management to local individuals and institutions located within and outside of government’, though some people use ‘devolution’ only in reference to direct community transfers”
Question : Compare Indian and British Constitution in following respects:
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government of the United Kingdom, composed of the Prime Minister and some Cabinet ministers, the most senior of the government ministers.
Ministers of the Crown, and especially Cabinet Ministers, are selected primarily from the elected members of House of Commons, and also from the House of Lords, by the Prime Minister. • Cabinet ministers, like all ministers, are appointed and may be dismissed by the Monarch at pleasure (that is, they may be dismissed without notice or reason given, although normally they are given a courteous option to resign), on the advice of the Prime Minister. The allocation and transfer of responsibilities between ministers and departments is also generally at the Prime Minister's discretion.
He/she permits the moving of various kinds of motions and resolutions like the motion of no confidence, motion of adjournment, motion of censure and calling attention notice as per the rules.
The Speaker decides on the agenda to be taken up for discussion during the meeting. The date of election of Speaker is fixed by the President.
The Speaker of the House of Commons is the presiding officer of the House of Commons, the United Kingdom's lower chamber of Parliament. The Speaker presides over the House's debates, determining which members may speak.
The Speaker is also responsible for maintaining order during debate, and may punish members who break the rules of the House. Unlike presiding officers of legislatures in many other countries, the Speaker remains strictly nonpartisan, and renounces all affiliation with his or her former political party when taking office.
The Speaker does not take part in debate nor vote; except to break ties, and even then, subject to conventions that maintain his or her non-partisan status.
Aside from duties relating to presiding over the House, the Speaker also performs administrative and procedural functions, and remains a constituency Member of Parliament (MP).
The House of Lords is the Upper House of the Parliament of the United Kingdom. Bills can be introduced into either the House of Lords or the House of Commons and members of the Lords may also take on roles as Government Ministers.
The House of Lords has its own support services, separate from the Commons, including the House of Lords Library. The House of Lords scrutinises Bills that have been approved by the House of Commons.
It regularly reviews and amends Bills from the Commons. While it is unable to prevent Bills passing into law, except in certain limited circumstances, it can delay Bills and force the Commons to reconsider its decisions. Unlike the elected House of Commons, most new members of the House of Lords are appointed.
Question : India needs a comprehensive law on Surrogacy. Do you agree? Formulate finer points for an ideal Indian Surrogacy Law? (200 words)
Answer : India opened up to commercial surrogacy in 2002. It is among just a handful of countries including Georgia, Russia, Thailand, Ukraine and few U.S. States where women can be paid to carry another’s genetic child through a process of in-vitro fertilisation (IVF) and embryo transfer.
The low cost technology, skilled doctors, scant bureaucracy and plentiful supply of surrogates have made India a preferred destination for fertility tourism, attracting nationals from Britain, The United States, Australia and Japan. A‘UN backed study in July 2012 estimated the surrogacy business at more than $ 400 million a year, with over 3000 fertility clinics across India. The Akanksha clinic in Anand has the reputation as India’s surrogacy capital.
Women’s rights groups have vilified India’s surrogacy industry. According to them, surrogacy fertility clinics are catering more than ‘baby factories’ for rich. In the absence of regulation, many poor and uneducated women are hired by agents, hired by clinics, into signing of contracts what they don’t fully understand.
Recent studies have found that there were no fixed rules related to the compensation and no insurance for post-delivery healthcare. There were also cases where surrogates were implanted with embryos with multiple tissues to raise the chances of success. To stop such a form of exploitation, there is a need for a comprehensive law on surrogacy.
There is a long overdue to introduce a law — the Assisted Reproductive Technology Bill (ART) to protect surrogates, the children and the commissioning parents. The Ministry of Home Affairs under new visa rules has also suggested prohibiting surrogacy for foreign same sex couples and for single parent.
Under ideal Indian surrogacy law, details about surrogate mother and commissioning parents such as their identity, their health status, fertility status, medical fitness, surrogate mother willful consent, compensation to be given by commissioning parents, insurance cover for any medical complication during and after pregnancy, age limits, details about the contract.
Along with above measures, all fertility clinics must-be registered and maintained by a regulatory authority. A detailed plan about the health status of surrogate mothers, with the help of a ministry of health and woman empowerment should be carried out.Question : Critically examine the role played by Non-Government Organisations (NGOs) in development process with special reference to India. Enumerate main problems facing the NGOs in India. (150 words)
Answer : Role of NGO’s in Development:
Development and Operation of Infrastructure: Community-based organizations and cooperatives can acquire, subdivide and develop land, construct housing, provide infrastructure and operate and maintain infrastructure such as wells or public toilets and solid waste collection services. They can also develop building material supply centers and other community-based economic enterprises. In many cases, they will need technical assistance or advice from governmental agencies or higher-level NGOs.
Supporting Innovation, Demon-stration and Pilot Projects: NGOs have the advantage of selecting particular places for innovative projects and specify in advance length of time which they will be supporting the project by overcoming some of the shortcomings that governments face in this respect. NGOs can also be pilots for larger government projects by virtue of their ability to act more quickly than the government bureaucracy.
Facilitating Communication: The NGOs use inter-personal methods of communication and study the right entry points, whereby they gain the trust of the community they seek to benefit. They would also have a good idea of the feasibility of the projects they take up. The significance of this role to the government is that NGOs can communicate to the policy-making levels of government, information about the lives, capabilities, attitudes and cultural characteristics of people at the local level.
NGOs can facilitate communication upward from people to the government and downward from the government to the people. Communication upward involves informing government about what local people are thinking, doing and feeling while communication downward involves informing local people about what the government is planning and doing. NGOs are also in a unique position to share information horizontally, networking between other organizations doing similar work.
Technical Assistance and Training: Training institutions and NGOs can develop a technical assistance and training capacity and use this to assist both CBOs and governments.
Research, Monitoring and Evaluation: Innovative activities need to be carefully documented and shared-effective participatory monitoring would permit the sharing of results with the people themselves as well as with the project staff.
Advocacy for and with the Poor: In some cases, NGOs become spokespersons or ombudsmen for the poor and attempt to influence government policies and programs on their behalf. This may be done through a variety of means ranging from demonstration and pilot projects to participation in public forums and the formulation of government policy and plans, to publicizing research results and case studies of the poor. Thus NGOs play roles from advocates for the poor to implementers of government programs; from agitators and critics to partners and advisors; from sponsors of pilot projects to mediators.
Problems of NGOs
Lack of Funds: Most of the NGOs in India are suffering from paucity of funds. Government does not give cent percent grants in aid or make delay in sanctions of grants for numerous programmes. NGOs have to make matching contributions which they are sometimes unable to manage and are, therefore, unable to avail themselves of the grants.
Lack of Dedicated Leadership: Leadership qualities of the leaders in NGOs determine the quality and condition of the services rendered by any organization. Especially dedicated leadership, ‘Leadership for the sake of Leadership’ is a most important governing factor in this regard.
Inadequate Trained Personnel: The present trend is, who are having professional education are not interested to work with NGOs. Their vision has been changed and is interested to work in urban areas only. Therefore, it is very difficult to get trained persons who are either willing or trained to work in the rural society where most of NGOs work.
Misuse of Funds: It is the matter of fact that some unscrupulous elements have made fortunes by floating NGOs for their personnel gains and managing grants from the government.
Lack of Public Participation: NGOs are meant to provide opportunities to the citizens for democratic participation but they have not been able to fulfill this obligation due to the method and manner in which they function, and failed to attract people, interested in construction work and develop channels for peoples’ enthusiastic participation.
Lack of Coordination: The absence of coordination between NGOs existing at local, state and national level has laid to the common problems such as overlapping, duplication, non-coordination etc.
Question : The division of power between Centre and State should act as a means to promote prosperity and wellbeing of the people. Discuss. (200 words)
Answer : The Constituent Assembly has created an ‘Indestructible Union of Destructible States’. The seventh schedule has divided the powers between the Union and the States, each being supreme within the sphere allotted to it.
But with the advent of coalition politics issues came up in different spheres. In the administrative sphere, the major issues were the abuse of Article 356, the sending of Central forces to the States without their concurrence and the role of Governors. The major issues in the legislative sphere related to intrusions by the Centre into State-list subjects and delays in obtaining assents for important Bills passed by the State Assemblies. In the financial sphere, the major issues related to increasing centralisation of powers in the Union Government in matters like resource mobilization and allocation and other key areas of economic decision-making like Planning.
Strengthening the federal system is necessary for meeting the aspirations of the people who are governed through State Governments and for preserving the unity of India. Therefore, Centre-State relations need to be reviewed.
Some steps need to be taken are: Centre should allocate more revenue to the states; Innovations at the state level should be shared among others to aid development, and Centre-state institutions like National development Council should be given more enforcement powers.
There is a need to work on cooperative federalism (which means that the center and the states’ share a horizontal relationship and neither is above the other) to reach the goal of inclusive growth.
