GS Paper - II Model Answers (2021)- 2 | UPSC Mains Answer Writing: Practice PDF Download

Q11: The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India? (UPSC GS2 2021)
Ans: CBI is India’s premier central investigation agency which looks into matters of corruption or major criminal matter. The CBI draws its power from the DSPE Act, 1946 which deals with the extension of the power of CBI over states with the consent of the respective government.
CBI and Federalism:

• The Police are under List II, i.e., it is exclusively a state subject. So only the state can make law regarding the same. However, the establishment of CBI under the DPSE act as police encroaches upon state jurisdiction. 
• Although, CBI is required to have “general consent” from the state government before beginning an investigation in the state. But these consents only lead to Red-tapism thereby delaying justice delivery. 
• The jurisdiction of CBI often comes into direct confrontation with state police which causes federal issues recurrently. 
• However, a weak central authority could be injurious to national unity. Thus, it is imperative to have some agencies that have jurisdiction over the entire country. 
• The confrontation between state and center over CBI is often more prominent when there exist different political parties at the state and center level. 
• The absence of a neutral body to manage or diffuse the confrontation between state and center further aggravates the issue. 
• The Supreme court and the high court can order CBI to investigate any crime anywhere in the country without the consent of the state. 
• Moreover, under article 131, states can drag center in case if they feel CBI violates their right. Thus, further complicating the confrontation.

A strong central investigation is imperative for the National unity and integrity of the country. So, there is a need to promote transparency in the working of CBI which can be ensured by making it a constitutional body.

Q12: Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures. (UPSC GS2 2021)
Ans: The National Human Rights Commission (NHRC) and various State Human Rights Commissions (SHRCs) have been constituted under the Protection of Human Rights Act, 1993. These commissions are the watchdog of human rights in the country, that is, the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India.
Since its formation, the Commission has taken up some important projects and has, through its reviews, reports and recommendations, taken up the cause of prison inmates, patients at mental health asylums, bonded labourers, people with disabilities, women and children and the economically and socially marginalized sections of the country.
HRCs unable to assert their mandate and power:

• The NHRC has been labeled as a toothless tiger because it is swamped with cases but has few resources to address them.  
• Much of the complaints that come to the commission are dismissed even before a preliminary hearing, critics argue that the NHRC shies away from contentious cases with political implications. 
• Its recommendations are non-binding on the government and thus ignored. 
• Limited jurisdiction into Human rights violation by armed forces and private parties. 
• The inability of NHRC to initiate cases beyond 1 year. 
• The officers conducting investigations are usually on deputation from the same forces that have been accused of violations and which creates a conflict of interest.

Remedial Measure

• More powers: Its decisions should be made enforceable by the government.  
• Armed forces: The definition should be restricted to only army, navy, and air force. Further, even in these cases, the Commission should be allowed to independently investigate cases of violation of rights. 
• Commission’s membership: Members of NHRCs should include civil society, human rights activists, etc. rather than ex-bureaucrats. 
• Amending law: Misuse of laws by law enforcement agencies is often the root cause of human rights violations. So, the weakness of laws should be removed and those laws should be amended or repealed if they run contrary to human rights. 
• Independent Staff: NHRC should have its independent investigating staff recruited by itself, rather than the present practice of deputation.

Q13: Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India. (UPSC GS2 2021)
Ans: While both India and the USA are culturally pluralistic societies which have a democratic form of government and similar judicial systems, they have different interpretation of the notion of Right to Equality.


Q14: Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (UPSC GS2 2021)
Ans: The Parliament, under Article 169, can abolish or create a legislative council by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect. Article 171 provides for the Composition of council.
Utility of State legislative councils

• Bringing diverse opinion on policy making ; Functional representation of various groups [e.g., teachers, graduates, local representatives], thus enable non-elected persons to contribute to the legislative process. 
• Check hasty legislations by Legislative assemblies + prevent them from exercising too much legislation or executive authority 
• Nominated members who are apolitical background bring extra wisdom and provides forum for intellectuals and academicians who are not suited for electoral politics. 
• Brings pressure on Legislative assembly for policy making.

Concerns with Legislative Councils

• They can be created and abolished by Union parliament by a simple majority.  
• Their recommendations are not binding on assembly + became back door for failed politicians  
• Burden on public exchequer.  
• Representing graduates in the house has outlived its utility  
• Politicization in selecting nominated members  
• Can create delay in policy making.

Q15: Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples.
Ans: The Department-related Parliamentary Standing Committee have been formed to cover all the Ministries/ Departments of the Government of India. Each of these Committees consists of 31 Members – 21 from Lok Sabha and 10 from Rajya Sabha to be nominated by the Speaker, Lok Sabha and the Chairman, Rajya Sabha, respectively. The term of Office of these Committees does not exceed one year. 
Functions of Department-related Parliamentary Standing Committee:  

1. To consider the Demands for Grants of the related Ministries/Departments and report thereon. The report shall not suggest anything of the nature of cut motions; 
2. To examine Bills, pertaining to the related Ministries/Departments, referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon; 
3. To consider the annual reports of the Ministries/Departments and report thereon; and 
4. To consider national basic long term policy documents presented to the Houses, if referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon 

Significance of Department-related Parliamentary Standing Committees 

1. Emphasis on long-term plans, policies guiding the working of the Executive, these Committees are providing necessary direction, guidance and inputs for broad policy formulations and in achievement of the long-term national perspective by the Executive. 
2. It is easier to examine a topic in depth by a committee of 30 than by an assembly of 700. 
3. The work put in by the total 24 DRSCs in examining the Demands for Grants of all the ministries equals 30 days of functioning of the Parliament. 
4. They enable input from experts and those who may be directly affected by a policy or legislation. 
5. Being outside direct public glare allows members to discuss issues and reach consensus without worrying about constituency or party pressures. 
6. Overall, secure more accountability of the executive towards the legislature.  

Issues/Challenges of Standing committees 

1. Meetings happen behind closed doors of which the minutes are never published creating the issue of transparency in the working of the committee. 
2. The committee’s recommendations are not binding in nature. This leads to bypassing the result of detailed scrutiny of the bill. 
3. Lack of standing research support. There is an absence of dedicated researchers associated. 
4. All the bills are not referred to the departmental standing committees. 
5. One year tenure leads very little time for specialization 
6. Attendance of MPs at the committee meetings is weak. Also, one committee had to deal with too many ministries

Q16: Has digital illiteracy, particularly in rural areas, couple with lack of Information and Communication Technology (ICT) accessibility hindered socio-economic development? Examine with justifications. (UPSC GS2 2021)
Ans: “Digital Literacy is the ability of individuals and communities to understand and use digital technologies for meaningful actions within life situations”. It would bring the benefits of ICT to daily lives of rural population especially in the areas of Healthcare, Livelihood generation and Education. However, Issues with internet connectivity in rural areas and lack of access to Information and Communications Technology coupled with frequent internet/electricity outages and high cost of internet. [only 15% in rural India have access to internet] furthered the rural-urban digital divide in India.
Digital illiteracy as a factor hindering socio-economic development:

• Children are not able to access quality education or attend virtual classroom. This divide was further enlarged during the lockdown impose due to the pandemic creating an imbalance between urban and rural education.  
• Acts as an impediment to access to tele-medicine. This becomes a challenge especially given the poor brick and mortar health infrastructure in rural areas.  
• Prevents rural youth from capitalizing on myriad of employment and income generation opportunities available through effective use of internet. E.g., e-commerce.  
• Digital illiteracy prevents effective e-governance and service delivery of government schemes to beneficiaries.  
• Digital illiteracy especially among women and girl-child has increased the gender imbalance in the rural areas.  
• Emphasis on digitization and computerization, while ignoring digital literacy has led the elderly population especially vulnerable to inaccessibility of government benefits and schemes.

It should be noted that digital divide is more than just an access issue and cannot be alleviated merely by providing the necessary equipment. There are at least three factors at play: information accessibility, information utilization and information receptiveness. More than just accessibility, individuals need to know how to make use of the information and communication tools once they exist within a community.

Q17:  “Though women in post-independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what intervention can help change this milieu?
Ans: Status of women in post-independent India has continuously changed with changing socio-economic and political realities. This change has been a result of external agents and catalysts like government initiatives and from within with the help of women-led movements.  
Women like Kalpana Chawla, Sindhutai Sapkal and Kiran Mazumdar-Shaw represent diverse fields of social work and professional life where women have left their mark. But issues like Sabrimala controversy or Triple Talaq highlight that patriarchal barrier to women empowerment remain deeply entrenched in society.
Education and government schemes for women empowerment are not sufficient. A different set of interventions are needed such as: 

• Urbanization: Urban milieu breaks past rigid social structures with relative ease. For example, in domestic roles, social freedom etc.  
• Public Safety: It promotes greater participation of a greater number of women in economy and public life. It addresses personal anxieties and family barriers. Concepts like 24×7 cities can combine urbanization and needs of public safety. 
• Family Values: Gender equality needs to start within homes, in attitudes of parents, spouse and siblings. 
• An Indian equivalent of Athena SWAN charter is needed to promote women participation in STEM. 
• The cause of gender equality at work will be helped by balancing maternity leaves with paternity leaves. 
• Administrative reforms need to factor in gender inclusion especially in police. It can help de-emphasize the culture of violence in public life. Popular culture of cinema, music can play role in changing social attitudes such as movies like Secret Superstar or Dangal. 

Education and empowerment schemes are necessary to support feminist movement, but issues hindering gender equality in India require more fundamental and practical approach.  

Q18: Can Civil Society and Non-Governmental Organizations present an alternative model of public service delivery to benefit the common citizen. Discuss the challenges of this alternative model. (UPSC GS2 2021)
Ans: Civil Society organizations (CSOs) refer to collectives that are separate from the state, government and business. These are organized by individuals for their private interests. A non-governmental organization (NGO) is a private, non-profit, voluntary, citizen-based group which functions to serve a specific social or political purpose.
Utility of CSOs and NGOs as alternative model of public service delivery:

• Civil society organizations can provide a ready pool of volunteers and resources that the government can tap into. Issues of inclusion-exclusion error can be addressed through verification by independent teams of volunteers. 
• Gaps in last-mile delivery of public services can be addressed. For example, during covid lockdown, a number of NGOs, voluntary groups distributed food, ration and vegetables for the homeless and the migrants. 
• Skill enhancement and livelihood support schemes like National Rural Livelihood Mission can be made more effective through involvement of CSOs. For example, in quality control and marketing of products made by SHGs. 
• CSOs are better placed to render services and assistance in issues like domestic violence, administrative and legal assistance to marginalized sections, undertrials, sex workers etc.   
• CSOs and NGOs can play the role of effectively communicating the needs of people to the government. For example, PM Garib Kalyan Rojgar Abhiyan was launched in response to Mazdoor Kisan Shakti Sangathan’s petitioning for distribute food grains to everyone.  
• Dissemination of trusted information to people and countering propaganda and disinformation can be done through partnership between government, CSOs and NGOs. For example, Oxfam’s partnership with Poorvanchal Grameen Vikas Sansthan.

Challenges in use of CSOs and NGOs as alternative model for delivery of public services:

• Ad-hocism and lack of continuity that NGOs face in dealing with the government undermines long-term engagement and testing of development models.  
• The ‘big brother attitude’ of the government officials and their mindset of construing NGOs simply as contractors fulfilling staffing requirements is not conducive. 
• There is also issue of mis-appropriation of funds by NGOs. Council for Advancement of People’s Action and Rural Technology found various NGOs swindling government funds for personal use. As per CBI, less than 10% of the NGOs registered under Societies Registration Act, file annual financial statements. 
• Enforcement Directorate had zeroed in on some NGOs which were working as front organizations for the banned Communist Party of India and were suspected to have funded Naxal operatives. 
• Some NGO are accused of using foreign funds for provoking protests and stall governmental projects. For example, the protests against Kudankulam nuclear plant, Narmada Bachao Andolan, etc. 
• There have been reports of NGOs lobbying with parliamentarians and using the media to manipulate issues in their favor. Undue effect of NGOs on policy creates issue of democratic legitimacy.

CSOs and NGOs must be made an integral part of development process in the country. But there is no alternative to administrative channels for delivery of public service. Administrative reforms must be carried out in interest of efficiency, effectiveness and good governance.

Q19: Critically examine the aims and objectives of SCO. What importance does it hold for India? (UPSC GS2 2021)
Ans: The Shanghai Cooperation Organization (SCO) is an intergovernmental organization found in Shanghai, with the objective of political, economic and security cooperation between the member nations. India became a permanent member of the SCO in 2017.
The aims and objectives of the SCO includes the following:

• To strengthen the relations between member states, by deepening political, security and economic cooperation. 
• To strive for joint cooperation between the members to confront threats emanating from terrorism, extremism and separatism. 
• SCO aims to move towards developing a democratic and equitable international political order.  
• To ensure joint efforts in maintaing peace, security and stability in the region. 
• To deepen engagements in field of trade/commerce, transport, tourism, environment, cultural linkages, education, research and technology.

A critical examination of aims and objectives of SCO is presented below:

• India-Pakistan-Russia-China relations create a complex matrix of diverging and conflicting interests. For example: different interests in Taliban-Afghanistan. 
• China has shown little respect to international rule-based order. Cheque-book and wolf warrior diplomacy, Human rights violations and ‘re-education’ camps, HongKong issue etc. raise serious questions on Chinese commitments to aims and objectives of SCO.  
• Under the disguise of economic co-operation, China has pushed its BRI project through SCO. 
• Pakistan and China are known to have supported terrorist and separatist organizations raising questions on RATS mechanism. China, Russia (Ukraine issue) and Pakistan are accused of destabilizing the regional peace, security and stability. 
• Limited developmental cooperation between SCO countries during COVID waves shows lack of broad-based engagement.

The SCO, as a regional inter-governmental organization holds following importance for India:

• SCO allows India to deepen its strategic reach in Central Asia. India already has substantial soft power potential (Buddhist linkages, Bollywood movies etc.)  in Central Asia, which it can exploit through SCO.  
• India’s membership of SCO can boost energy security by providing access to mineral and energy resources of the Central Asian countries. The membership, with its emphasis in trade relations, provide an inroad for the Indian investors to explore the untapped market potential in the Central Asian region. For example, FICCI hosted the SCO Business Conclave. 
• SCO can provide a platform to discuss bilateral issues with Pakistan and China.  
• SCO can play a pivotal role in combating terrorism, extremism and radicalization. For example, Dushanbe declaration, aims towards regional stability. 
• India’s presence in the SCO will help in India’s aim to link itself to the larger Eurasian region, and to Europe via an INSTC. Thus, boosting connectivity in the region. SCO can play an important role in deepening people to people engagement through cooperation in the field of education, medicine, tourism etc. 

The inimical acts of Pakistan, border dispute with China etc., factors could minimize the positive outcomes from SCO. In this light India’s SECURE strategy should be adopted to make SCO more effective in regional growth and stability.

Q20: The newly tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in the present scenario.
Ans: AUKUS is a trilateral security partnership between the United States of America, Australia, United Kingdom in the Indo-Pacific region. It may supersede existing partnerships in the region as:

• May undermine the more well-rounded/balanced objectives of QUAD. 
• May weaken the five eyes alliance group, (New-Zealand has shown displeasure over the formation of AUKUS) 
• May weaken the ASEAN centrality in the region. 
• USA promoting security partnership with its Anglo-Saxon allies may leave India and others out from the regional security architecture.

The strength of AUKUS as a security partnership between the UK, the USA and Australia can be seen as:

• Will greatly enhance, by providing nuclear submarines/hypersonic missiles to Australia, the capabilities of its members to project power in Indo-Pacific. 
• Will give its members a credible deterrence powers towards China by deepening military capabilities. 
• Enhance patrolling and surveillance power of its members in Indo-Pacific; Restore the sanctity of norms and rules-based order in the region. 
• Enhance the capabilities of the like-minded countries, in the emerging domain of Artificial Intelligence, quantum technologies, cyber security etc.

However, AUKUS have raised certain concerns which could be counter-productive for India such as:

• May instigate a nuclear/conventional arms race in the region. 
• China and Russia may react by supplying sensitive defense technologies to other states. 
• AUKUS which is perceived as an anti-China grouping by China may lead to erosion of regional stability in the Indo-Pacific region. 
• Manner in which AUKUS was formulated ignoring France may increase trust deficit between the like-minded democratic countries on other matters of global importance. 
• AUKUS with its exclusionary vision may run contrary to India’s vision of an inclusive Indo-Pacific.

Though AUKUS, offers the advantage of balance of power, strategic autonomy and a check on Chinese aggression, it also has significant challenges as it has been termed as Indo-Pacific NATO. Hence, to progress with consultations and collaborations will be a prudent way forward.