GS Paper - II Model Answers (2022) - 1 | UPSC Mains Answer Writing: Practice PDF Download

Q1: "The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court." Discuss this statement with the help of relevant case laws.
Ans: The constitutionalization of environmental problems refers to aligning environmental issues with the violation of fundamental rights of individuals or communities and addressing the government's failure to enforce directive principles. This process aims to bring meaningful significance to environmental problems.
Several judicial pronouncements have contributed to the constitutionalization of environmental problems:

• Right to Pollution-Free Environment: In the case of Subhash Kumar vs. State of Bihar (1991), the Supreme Court established that the right to life, as guaranteed under Article 21 of the Constitution, includes the right to a pollution-free environment. This decision conferred constitutional status to the right to a pollution-free environment.
• Polluter Pays Principle: In the case of M. C. Mehta vs. Union of India (1986), the Supreme Court introduced the principle of absolute liability, making hazardous industries liable for environmental damage. This decision reinforced the concept that polluters must bear the cost of environmental harm.
• Right to Clean Air: In the M. C. Mehta case vs. Union of India (2020), the Supreme Court implemented the Graded Response Action Plan (GRAP) in Delhi and the National Capital Region (NCR) to ensure citizens' right to clean air. This plan gradually reduced industrial activities during pollution peaks, safeguarding the right to clean air.
• Right to Compensatory Afforestation: The Supreme Court established the Compensatory Afforestation Management and Planning Authority (CAMPA) to prevent the misuse of funds allocated for afforestation. This initiative led to the legislation of the CAMPA Act 2016, ensuring proper utilization of funds for afforestation projects.

As the guardian of fundamental rights, the Supreme Court effectively utilized legal provisions and judicial decisions to safeguard citizens' right to a dignified life, including the right to a clean and healthy environment.

Q2: "Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute." Comment.
Ans: The fundamental right to movement and residence within India is a vital entitlement for its citizens, as outlined in Article 19(1)(d) of the Indian Constitution. This provision grants every citizen the freedom to travel throughout the country. However, it is important to note that this right is exclusive to Indian citizens and shareholders of companies, not extending to foreigners or legal entities such as corporations.
The freedom of movement has internal and external dimensions, with Article 19(1)(d) specifically safeguarding the internal aspect, i.e., the right to move within the nation's borders. Restrictions on this freedom can only be imposed under two conditions stated in Article 19(5) of the constitution: in the interest of the public and for the protection of Scheduled Tribes' interests.
Additionally, Article 19(1)(e) grants Indian citizens the right "to reside and settle in any part of the territory of India." Similar to Article 19(1)(d), this right is subject to reasonable restrictions.
However, these rights are not absolute. The Indian Constitution includes provisions in the Fifth and Sixth Schedule to safeguard the interests of Scheduled Tribes, regulating land transfers and allotments in specific areas. Furthermore, legal precedents, such as the State of Uttar Pradesh v. Kaushaliya (1963), have established that restrictions on the movement of certain groups, like prostitutes, can be imposed based on public health and moral grounds.
In summary, while these rights enhance the mobility of Indian citizens, they are subject to specific limitations. These restrictions are crucial for maintaining a delicate balance between individual freedoms and the broader rights of the people, ensuring the well-being and interests of all citizens.

Q3: To what extent, in your opinion, has the decentralisation of power in India changed the governance landscape at the grassroots?
Ans: The 73rd and 74th Constitutional Amendments to the Indian Constitution formally established a third tier of government at the grassroots level, enabling local self-rule through Panchayati Raj and Municipalities. Article 40 of the Indian Constitution mandates states to organize Village Panchayats, empowering them to function as units of self-government.
Achievements in Decentralization of Power:

• Empowered Decision-Making: Local residents actively participate in local-level decision-making processes.
• Women's Representation: The 33% reservation for women has increased their voice and representation in democracy.
• Swachh Bharat Abhiyan: Ground-level efforts by local bodies led India to achieve open-defecation-free status in 2019.
• Literacy Campaign: Sarpanch Arati Devi initiated a literacy campaign for women and revived traditional folk art in Ganjam, Odisha.
• Self-help Groups: Sarpanch Meena Behen in Gujarat nurtured leadership skills within self-help groups (SHGs).

Challenges Hindering Decentralization:

• Inadequate Finances: Limited power to impose taxes and cesses restricts financial resources.
• Unscientific Function Distribution: Overlapping functions between Panchayats and Panchayat Samitis cause confusion and duplication of efforts.
• Lack of Coordination: Insufficient coordination between government officials and local representatives hampers effective governance.
• Centralization of Functions: Essential functions such as education, health, sanitation, and water remain under state government control.

To enhance the role of local bodies and Panchayats in human capital interventions, adequate fiscal resources, clear functions, and efficient functionaries are crucial. Extending the autonomy granted to 5th and 6th Schedule States to all states is essential for effective decentralization of power.

Q4: Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha.
Ans: The Vice-President of India holds the second-highest constitutional office in the country, following the President. Articles 63 to 71 in Part V of the Constitution of India pertain to the Vice-President's role and responsibilities.
The Vice-President serves as the Chairman of the Rajya Sabha, where he plays a crucial role in its functioning:

• He presides over the sessions of the Rajya Sabha, ensuring that all proceedings adhere to the relevant constitutional provisions and established conventions.
• The Vice-President acts as the intermediary for communication between the Rajya Sabha and the President, conveying decisions and recommendations of the House to the appropriate authorities.
• In the absence of a quorum, he has the authority to adjourn the House or suspend its proceedings.
• His involvement in the deliberations of the House is limited to fulfilling his duties as the Presiding Officer; he does not actively participate in debates or discussions.
• When a bill is passed by both Houses of Parliament and is with the Rajya Sabha, the Chairman authenticates the bill before presenting it to the President for approval.
• In cases of tied votes, the Vice-President can exercise a casting vote to break the deadlock.
• He acts as the custodian of the rights and privileges of the Rajya Sabha and its members, ensuring the integrity of parliamentary functions.
• The Vice-President has the authority to decide on matters related to the disqualification of a member of the Rajya Sabha based on defection.
• The Secretariat of the Rajya Sabha operates under the guidance and supervision of the Chairman.

In summary, the Vice-President of India assumes a dual role as the second-highest executive authority and as the Presiding Officer of the Upper House of Parliament, the Rajya Sabha.

Q5: Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body.
Ans: The National Commission on Backward Classes (NCBC) was initially a statutory body operating under the Ministry of Social Justice and Empowerment. However, the 102nd Constitutional Amendment Act of 2018 elevated its status by granting it constitutional recognition.
Several significant changes have occurred in the restructured NCBC:

• Formerly a statutory entity deriving its authority from parliament-made laws, it now functions as a constitutional body, drawing its powers and jurisdiction directly from the Indian constitution.
• The 102nd Constitutional Amendment Act introduced Article 338B, empowering the NCBC to scrutinize complaints and welfare initiatives, a provision absent in the previous setup.
• Additionally, the amendment inserted Article 342A, enhancing transparency by mandating parliamentary approval for modifications to the list of backward classes.
• The revised NCBC emphasizes the development of backward classes and grievance redressal, moving away from a sole focus on reservations.
• Despite these improvements, there are lingering concerns, such as the non-mandatory nature of NCBC recommendations and its lack of responsibility in defining backwardness.

Therefore, the NCBC holds pivotal importance in fostering social progress. To enhance its effectiveness, it is crucial to ensure gender sensitivity and prevent the influence of vote bank politics in the implementation of its regulations.

Q6: The Gati-Shakti Yojana needs meticulous co-ordination between the government and the private sector to achieve the goal of connectivity. Discuss.
Ans: The PM Gati-Shakti initiative represents a transformative strategy for driving economic growth and sustainable development. This approach revolves around 7 key components: Railways, Roads, Ports, Waterways, Airports, Mass Transport, and Logistics Infrastructure.
At its core, PM Gati-Shakti relies on Clean Energy and Sabka Prayas, a collaborative effort involving the Central Government, state governments, and the private sector. This collaboration is essential for several reasons:

• Enhancing the quality and efficiency of service delivery.
• Facilitating the exchange of expertise and managerial competence.
• Attracting investments and ensuring financial availability.
• Mobilizing additional resources for various activities.
• Nurturing entrepreneurship, fostering innovation, and promoting technological development.
• Ensuring optimal utilization of government investments and infrastructure.
• Promoting cost-effectiveness and competitiveness.
• Addressing structural and environmental challenges.
• Encouraging coordination, collaboration, and cooperative development.

Looking ahead, certain steps are crucial for the success of this initiative:

• Strengthening the feasibility mapping of the projects.
• Utilizing viability gap funds to ensure financial viability.
• Implementing prudent fiscal reporting and monitoring risk allocations with all stakeholders.
• Advancing the Public-Private Partnership (PPP) model to a higher level of maturity through redesigning.

Moreover, the projects falling under the umbrella of these 7 engines in the "National Infrastructure Pipeline" will align with the PM Gati-Shakti framework. This alignment aims to integrate digital technology into Indian infrastructure, thereby enhancing project execution and overall efficiency.

Q7: The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment.
Ans: The Right to Persons with Disability Act, which took effect on April 19, 2017, was enacted to align with the United Nations Conventions on Rights for Persons with Disability. This legislation signifies a shift from the individual-focused medical model of disability to a social or human rights model, emphasizing the role of society in addressing disabilities.

However, there are challenges associated with the implementation of the RPD Act, 2016:

• Lax Implementation: Despite the Accessible India Campaign, most buildings in India remain unfriendly to people with disabilities. Additionally, while there is a reservation quota for disabled individuals in various sectors, many of these positions remain vacant.
• Health, Education, and Employment: People with disabilities face obstacles due to lack of awareness, inadequate medical facilities, scarcity of special schools, and lower employment rates compared to others.
• Discrimination and Dual Burden: Stigma and limited understanding of their rights make it hard for disabled individuals to achieve their desired level of functioning.
• Political Participation: Challenges include a lack of live data, inaccessibility of the voting process, and barriers to involvement in party politics.

To address these challenges, there is a need for sensitization:

• Institutional Changes: Eliminate obstacles and adhere to legal rulings.
• Efficient Government Initiatives: Swiftly and thoroughly process government schemes and initiatives.
• Empathy and Livelihood: Encourage empathy towards disabled individuals and focus on providing livelihood opportunities.
• Respect and Equality: Ensure respect for inherent dignity, individual autonomy, non-discrimination, accessibility, and equality of opportunity for disabled people.
• Promote Acceptance: Foster respect for differences and acceptance of persons with disabilities as integral parts of humanity.

Moving forward, the following steps can be taken:

• Community-Based Rehabilitation: Adopt a Community-Based Rehabilitation approach and enhance societal awareness.
• Public Awareness: Increase public awareness and understanding of disabilities to change attitudes and perceptions.
• Collaboration and Oversight: Collaborate with states and establish proper scrutiny and tracking mechanisms for allocated funds.

While the government and judiciary have embraced a rights-based approach, continuous monitoring is necessary to ensure the effective implementation of the Act, aligning with its intended objectives. Regular oversight is essential to guarantee that the provisions of the Act are upheld both in their letter and spirit.

Q8: Reforming the government delivery system through the Direct Benefit Transfer Scheme is a progressive step, but it has its limitations too. Comment.
Ans: To enhance transparency and accountability in its welfare programs, the Government has implemented the Direct Benefit Transfer (DBT) scheme, as recommended by the Nandan Nilekani committee in 2011. This initiative involves transferring subsidies directly into the accounts of beneficiaries, thereby minimizing duplication frauds and leakages. Notable examples of the DBT scheme include PM KISAN YOJANA, MGNREGA Scheme, and PAHAL YOJANA.
In the realm of government service delivery, DBT represents a significant advancement for several reasons:

• Prevention of Beneficiary Fraud: DBT prevents the duplication fraud of beneficiaries, ensuring that subsidies reach the intended recipients.
• Targeted and Timely Payments: It enables targeted delivery, reducing payment delays and ensuring timely disbursement of funds.
• Elimination of Intermediaries: DBT eliminates intermediaries and the middleman culture, thereby reducing opportunities for corruption and exploitation of vulnerable beneficiaries.
• Efficient Fund and Service Flow: DBT facilitates faster and efficient flow of targeted funds and services, aligning with the positive aspirations outlined in the citizen charter.

While DBT represents a significant milestone, it faces certain limitations:

• Exclusion of Beneficiaries: Some individuals are excluded due to lack of access to banking services.
• Financial Literacy Gap: Limited financial literacy among the masses hampers the realization of DBT's full potential.
• Data Mismatch Challenges: Discrepancies in Aadhaar card and biometric data create challenges in the service delivery system.
• Network Issues: Networking challenges in remote and rural areas lead to delays in service delivery.

Moving forward, addressing these challenges requires a multifaceted approach:

• Robust Technical Infrastructure: Investment in a robust technical infrastructure and capacity building is essential to overcome technical challenges.
• Collaboration and Coordination: Enhanced collaboration and coordination among various government departments are crucial for swift service delivery to targeted beneficiaries.
• Financial Literacy Programs: The government should conduct financial literacy awareness programs to empower beneficiaries and maximize the benefits of the Direct Benefit Scheme.
• Single Window Redressal: Establishing a single window redressal platform can efficiently handle glitches and issues related to direct benefit transfers, ensuring a seamless experience for beneficiaries.

Q9: ‘India is an age-old friend of Sri Lanka.’ Discuss India's role in the recent crisis in Sri Lanka in the light of the preceding statement.
Ans: Sri Lanka and India, neighboring countries with a longstanding history of cultural and intellectual exchange dating back to the era of Mauryan Emperor Ashoka, are currently facing a significant challenge. Sri Lanka is grappling with an unprecedented economic crisis, the most severe in seven decades, leaving millions of its citizens struggling to afford basic necessities such as food, medicine, and fuel.
Several factors have contributed to the crisis in Sri Lanka:

• The 2019 Easter Bomb Blasts dealt a blow to Sri Lanka's tourism industry, leading to a decline in foreign exchange reserves.
• The new government in 2019 pledged to lower tax rates, impacting the country's revenue.
• The Covid-19 pandemic affected Sri Lanka's exports of key commodities like tea, rubber, spices, and garments.
• High government expenditure resulted in a fiscal deficit exceeding 10% in 2020-21.
• The sudden shift to organic farming in 2021 hampered food production.

In response to this crisis, India has extended substantial support to Sri Lanka:

• India provided a comprehensive package addressing food, health, and energy security, along with foreign reserves support totaling more than USD 3.5 billion.
• A concessional loan of USD 1 billion was offered to Sri Lanka.
• A Line of Credit (LOC) of USD 500 million was allocated for the purchase of petroleum products, including diesel, petrol, and aviation fuel.
• Indian Oil Corporation supplied a consignment of 40,000 MT of fuel outside the LOC facility.
• A currency swap facility of USD 400 million was provided under the SAARC Currency Swap Framework 2019-22.
• Significant medical aid, including drugs and medical supplies, was sent to various hospitals in Sri Lanka.
• India extended a USD 55 million credit line for the procurement of 65,000 MT of Urea fertilizer for the Yala season cultivation.

India's assistance to Sri Lanka reflects its commitment to the principles of "neighborhood first" and "Security and Growth for All (SAGAR)." These principles underscore India's proactive approach in addressing the needs of neighboring countries in the South Asian region.

Q10: Do you think that BIMSTEC is a parallel organisation like the SAARC? Waht are the similarities and dissimilarities between the two? How are Indian foreign policy objectives realized by forming this new organisation?
Ans: The inability of the South Asian Association for Regional Cooperation (SAARC) to promote cooperation in the South Asian region has led regional actors to explore an alternative. The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) is a regional grouping of nations in the Bay of Bengal area and is widely regarded as a viable alternative.
BIMSTEC as an Alternative to SAARC

• BIMSTEC primarily focuses on economic and technical cooperation among South Asian countries.
• BIMSTEC member countries generally maintain amicable relationships, which is lacking within SAARC.
• India ceased engagement with Pakistan due to Pakistan-sponsored terrorist attacks in Uri and Pathankot.
• The SAARC satellite project was abandoned in 2016 due to objections from Pakistan.
• SAARC lacks mechanisms for resolving disputes or mediating conflicts.
• Similarities and Differences Between SAARC and BIMSTEC

Similarities: Differences:
Both are inter-regional organizations in South Asia. India, Bhutan, Sri Lanka, Nepal, and Bangladesh are common members. Both emphasize economic and regional cooperation. SAARC has a Free Trade Agreement, whereas BIMSTEC does not. SAARC maintains permanent diplomatic relations at the United Nations as an observer, while BIMSTEC does not have this status. SAARC focuses more on territorial connectivity (e.g., BBIN Motor Vehicle Agreement), while BIMSTEC places greater emphasis on maritime collaboration.
BIMSTEC Advances India's Foreign Policy Goals

• The failure of SAARC, due to Pakistan's non-cooperation, has hindered inter-regional connectivity, prompting India to seek an alternative to SAARC.
• BIMSTEC serves as a link between South Asia and Southeast Asia, facilitating cooperation in science, technology, trade, and commerce.
• The presence of two influential regional powers, Thailand and India, reduces smaller neighbors' concerns about dominance by a single major power.
• BIMSTEC countries possess greater trade potential compared to SAARC, and a free trade agreement would benefit South Asia's economic growth.
• India's objective of being a net security provider in the Indian Ocean Region is bolstered by coordination and communication among BIMSTEC countries.

Both organizations focus on overlapping geographic regions, but this doesn't make BIMSTEC a replacement for SAARC. BIMSTEC's success adds a new dimension to regional cooperation in South Asia. The revival of SAARC remains crucial for India-Afghanistan relations, especially since India lacks diplomatic relations with the Taliban-led government in Afghanistan at present.