GS Paper - II Model Answers (2023) - 1 | UPSC Mains Answer Writing: Practice PDF Download

Q1: "Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment. (150 words, 10 marks)
Ans:

Introduction
The notion of judicial autonomy is grounded in the fundamental idea of the separation of powers, a vital component of democratic governance. Judicial autonomy entails that the judiciary possesses the liberty to make individual case decisions based on their merits, free from any apprehension, bias, or external influence.

Reasons why constitutionally guaranteed judicial independence is a pre-requisite of democracy:

• Separation of powers: Judicial independence is necessary for preventing the executive and judiciary from becoming too powerful and violating rights and dignity of citizens.
• Rule of law: Impartial application of laws and adjudication of disputes is essential to protects citizens faith, regardless of political influence.
• Public Trust: An independent judiciary is essential for citizens to trust in the legal system and democratic institutions.
• Protection against majoritarianism: Judicial independence allows judiciary to protect citizens even in the face of robust majoritarian policies against minorities.
• Respect of judicial pronouncements: An independent judiciary will not enjoy public trust.
• Consistency: An independent judiciary provides consistency and predictability in legal decisions, crucial for stability.

However, independence of judiciary should not mean that judges are free to do anything they wish. Being non-elected but trusted with the duty of defending the constitutional values, judiciary should display highest level of self-accountability to serve democracy and its ethos.

Conclusion
Thus, the Indian Constitution provides various provisions for judicial independence like security of tenure and fixed salaries charged on the constitution, immunity from discussion of judiciary's conduct in Parliament, power of contempt of court to enforce its directions. This has further been expanded by collegium system of judicial appointments and judicial independence recognised as part of basic structure of the Constitution.

Q2: Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India. (150 words, 10 marks)
Ans:

Introduction
The Indian constitution, through Article 39A within the Directive Principles of State Policy (DPSP), acknowledges the obligation of the state to offer "free legal aid" to all citizens. The provision of free and equitable access to justice for all is a human right recognized by the United Nations. Consequently, the "Legal Services Authorities Act (1987)" was enacted, leading to the formation of the National Legal Services Authority.

Eligibility for Entitlement of Free Legal AID 

Following categories of individuals are entitled to free legal aid under Legal Services Authority Act, 1987:

• A member of Scheduled Caste or Scheduled Tribes
• A victim of human trafficking or beggar
• A woman or a child
• A mentally ill or otherwise disabled person
• A person in custody, including custody in a protective home.
• A juvenile in juvenile home
• An individual who has an annual; income less than the amount prescribed by the respective Government (except for a case before apex court)
• Less than Rs. 5 Lakhs, if the case is before the Supreme Court.

Role of Nalsa in Rendering Free Legal Aid in India

• Providing justice to women: Ex. National Legal Aid Helpline (15100)- For reporting Domestic Violence.
• Legal Services for transgender rights.
• Protection of rights of prisoners and undertrials. Ex. Haq Hamara Bhi to Hai campaign
• For Senior Citizens: As per Annual Report of NALSA, nearly 1,04,084 senior citizens were assisted through legal services in 2020.
• Organize Lok Adalat.
• Promote settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms. Ex. DISHA (designing Innovative Solutions for Holistic Access to Justice), e-Lok Adalat, Legal Aid clinics. 
•  Spreading Legal Awareness: Through legal literacy programmes.
• Enabling compensation to victims of crime.

Limitations and Issues Faced by Nalsa

• Low proportion of cases are investigated aby Alternate Dispute Resolution (around 1% of the litigation.)
• Low awareness: Poor and illiterate people are unaware of their legal rights and entitlements. A majority are not able to seek help of NALSA due to ignorance.
• Poor capacity building of Lok Adalat - Lok Adalats are facing shortage of resources (financial as well as human).
• Further they are not having enough powers (at power with civil courts) to effectively deal with cases. Poor interest in pro-bono cases by lawyers.

Conclusion
Justice administration is a core responsibility of state. Apex court has linked Article 14 and Article 22(1) with the provisioning of legal aid. State must accept a pan India Legal Awareness and Outreach Campaign to spread awareness. Provisioning of greater financial resources to ADR mechanisms, linking the profession of law with minimum annual pro bono cases, providing more powers to Lok Adalat etc must be explored upon.

Q3: "The states in India seem reluctant to empower urban local bodies both functionally as well as financially." Comment. (150 words, 10 marks)
Ans:

Introduction
Urban local bodies are delineated in Part IX A, Schedule 12, encompassing Article 243 O to Article 243 ZG of the Constitution. Their pivotal role in addressing the challenges posed by urbanization and promoting the development of sustainable cities underscores the need for them to possess functional and financial independence.

Reluctant to empower ULB by the State: According to Niti Aayog, only total 11 states and UTs have devolved the functions to urban local bodies.

• State Governments have created parallel structures for the implementation of projects around agriculture, health, and education, which undermines the status of local bodies.
• District Planning Committees are non-functional in 9 states and failed to prepare integrated plans in 15 states.
• Local government expenditure as a percentage of GDP is only 2%, low compared to 7% in Brazil and 11 % in China.
• State Finance Commissions are not established as per Constitutional requirements.
• The concept of ward committees is just followed in Kerala and in West Bengal Only.

Implication:

• Not even a single city in India can be matched with cities like London, Johannesburg, New York.
• Unplanned Urbanization as World Bank says: India's Urbanisation is Messy and hidden.
• Dependent on central and state Government.

Suggestion:

• Strengthening ULB should be in election manifesto.
• Alternative options for funding to be explored. Ex Value capture financing
• Credit Rating exercise of ULB, Ex Pune

Conclusion

Praja Foundation, 'Urban Governance Index" initiative is the right way to make a holistic assessment of the ULB. Devolution is the only key to achieve the SDG 11: sustainable cities and communities".

Q4: Compare and contrast the British and Indian approaches to Parliamentary sovereignty. (150 words, 10 marks)
Ans:

Introduction
According to the principle of Parliamentary Sovereignty as practiced in Britain, Parliament is the supreme law-making authority and no institution can set aside its laws. This principle is not followed in India due to the established norm of constitutional supremacy.

Strengthened through unwritten constitution which largely comprises of various legislations or statutes, precedents, rules etc.

No checks and balances on Parliament as judiciary or executive cannot set aside an Act of Parliament.

Constitutional Supremacy in India

• Strengthened due to written constitution and ethics of constitutionalism which acts as check on Parliament.
• Constitution is a reflect of people's will.

Checks & Balances in India's Constitution:

• Article 13 expressly bars Parliament from enacting laws which curb fundamental rights.
• Federal provisions: Parliament cannot enact legislations on state subjects.
• Expanded by Basic Structure doctrine which even limits Parliament's constituent power.

Conclusion
Numerous parallels exist in the functioning of the Indian and British Parliaments. However, India, endowed with a written constitution, has established a system that includes a robust and independent judiciary to effectively oversee and curtail the unchecked powers of the Parliament.

Q5: Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices. (150 words, 10 marks)
Ans:

Introduction
Under Article 178 and Article 182 of the Indian Constitution, the Speaker of the State Legislative Assembly and the Chairman of the Legislative Council respectively assume the roles of presiding officers in their respective chambers. These roles are backed by the authority vested in them by the Constitution and the procedural rules of their respective legislative bodies.

Role of Presiding Officers of State Legislatures in Maintaining Order & Impartiality in Conducting

Legislative Work:

• PO can intervene when members speak out of turn, use unparliamentary language, or engage in personal attacks.
• PO has authority to penalise members who repeatedly disrupt proceedings or violate Rules of Procedure, including naming, suspension, or expulsion. E.g., member disqualification by Maharashtra legislative assembly speaker.
• PO may disqualify members defecting under 10th schedule to uphold political stability.
• Constitution grants Speaker the final says in Money Bills, emphasising their impartiality in legislative business.

Role of PO in facilitating best democratic practices:

• Safeguards minority party rights in the legislature, ensuring fair committee representation and active participation in debates and votes. E.g., Kerala Speaker fair representation initiative.
• Builds consensus and compromise among members.
• Works to promote transparency and accountability in the legislature.

Conclusion
Therefore, it is advisable to implement best practices such as the "once a speaker, always a speaker" principle from the UK, requiring speakers to disclose their party memberships, and transferring adjudicatory powers under the 10th schedule from the speaker to the Election Commission. These measures can enhance the effectiveness of the office of the presiding officer in state legislatures.

Q6: The crucial aspect of development process has been the inadequate attention paid to Human Resource Development in India. Suggest measures that can address this inadequacy. (150 words and 10 marks)
Ans:

Introduction
India's position on the Human Development Index (HDI) has regressed from 130 in 2020 to 132 in 2023. The crucial aspect of human resource development, which significantly contributes to the development process, faces a considerable challenge attributed to inadequate budget allocation, a focus on quantity rather than quality in education, and a preference for curative healthcare over preventive measures.

Measures to Address This Inadequacy

• Integration of skilling in the education system: As current cross integration of skill training with education is low. Initiatives like Samagra shiksha abhiyaan, school cluster approach can be expanded and made more targeted.
• Quality of education: Govt. should focus on enhancing the quality of education at every level, through dedicating resources to improve infrastructure, training educators, and refining curriculum development.
• Investment in research and innovation through National Research Foundation (NRF) at all level to foster knowledge driven economy.
• Holistic healthcare focus beyond curative: Fast-paced lifestyles have led to an increase in ailments like heart disease and hypertension to address these challenges is to shift focus of healthcare from a curative to preventive approach.
• Fostering stronger public-private partnerships to assess skill demand, along with implementing high- skilled manufacturing model to generate employment opportunities.

Conclusion
Human resource development is not only an integral element of the development process but also a potent driver for positive transformation across diverse aspects of society and the economy.

Q7: Discuss the role of the Competition Commission of India in containing the abuse of dominant position by the Multi-National Corporations in India. Refer to the recent decisions. (150 words, 10 marks)
Ans:

Introduction
The Competition Act of 2002 empowers the Competition Commission to scrutinize anti-competitive agreements, prevent the exploitation of dominant positions by powerful corporations over smaller entities, and oversee mergers and acquisitions or takeovers within the market.

CCI under the Competition Act can regulate abuse of dominant position if an enterprise restricts or

• imposes conditionalities
• in purchase or sale of goods/services
• regarding predatory prices of goods/services
• on production of goods/services
• on technical or scientific development
• deny market access of any goods or services
• through supplementary obligations

Based on this mandate, CCI has fined many MNCs in India who have been accused of abuse of dominant position in India:

• Penalty of Rs. 1337 crores on Google - Google imposed discriminatory conditions on sales or purchase & amp; supplementary obligations with mobile phone manufacturers.
• Penalty of Rs. 202 crores on Amazon by CCI for not disclosing its interest in Future Retail while investing in Future Coupons.
• Penalty of Rs 873 crores on three Beer Companies for cartelisation in the sale and supply of beer.

Conclusion
The 2023 revision of the Competition Act has broadened the authority of the Competition Commission to also investigate anti-competitive practices carried out by multinational corporations (MNCs).

Q8: e-governance, as a critical tool of governance, has ushered in effectiveness, transparency and accountability in governments. What inadequacies hamper the enhancement of these features? (150 words, 10 marks)
Ans:

Introduction
E-governance, which leverages the integration of information and communication technologies (ICTs) to improve government service delivery, has garnered substantial momentum in India. Prominent initiatives such as the Digital India mission and the National e-governance plan have driven its adoption nationwide.

Inadequacies hampering the potential of e-Governance

• Digital Divide: Disparities in internet access persist, with rural areas lagging far behind urban centers. Only a fraction of rural households (14.9%) has internet access compared to their urban counterparts (42%).
• Gender Disparity: A digital gender divide prevails, with only 25% of adult women owning smartphones compared to 41 % of adult men.
• Language divide: Most e-governance resources are available in English or some in Hindi. However, most citizens cannot access them in their vernacular languages.
• Low Digital Literacy: A substantial portion of the population lacks digital literacy, with only 38% of households being digitally literate. The lower functionaries of government themselves are not accustomed to operate computers.
• Privacy & Security Concerns: Recent incidents, like the CoWIN portal data breach in 2023, have raised significant concerns regarding data privacy and security. Also, certain security organisations like defence etc. are susceptible to data thefts. Cyber-security challenges like Ransomware etc. also stall the implementation of e-governance.
• Legal & Regulatory Gaps: The absence of comprehensive legal and regulatory frameworks addressing digital rights, data protection, and online accountability poses challenges. 
• Interoperability Challenges: Ensuring interoperability and data sharing among various government departments within e-governance remains complex and costly.
• Corruption: India's ranking of 85th out of 180 countries on the Corruption Perception Index (2021) highlights persistent corruption issues.
• Inadequate Infrastructure: Inadequate internet connectivity and unreliable electricity supply in rural areas hinder effective e-governance.
• Legal challenges: India's cyber-security laws are absolete and data protection regime has also not been established.

Conclusion
To unlock the complete potential of e-governance, the government is undertaking actions such as establishing a National Data Governance Framework, implementing the IndeA stack and AgriStack, and enacting the Personal Data Protection bill. Further measures are needed to bridge the digital divide, provide websites in vernacular languages, and strengthen the cybersecurity infrastructure, among others.

Q9: Virus of Conflict is affecting the functioning of the SCO; In the light of the above statement point out the role of India in mitigating the problems. (150 words,10 marks)
Ans:

Introduction
The Shanghai Cooperation Organization (SCO) functions as a crucial forum that spans political, economic, security, and defense aspects across the Eurasian region. It plays a pivotal role in promoting regional connectivity, safeguarding energy interests, fostering economic collaboration, addressing non-traditional security issues like terrorism and climate change, and strengthening cultural ties. This aligns harmoniously with India's strategy of continental diplomacy.

However, the organization faces numerous challenges:

• Mutual Rivalries: Contradictions between India and China, the India-Pakistan conflict, and the Kyrgyzstan-Tajikistan border dispute hinder mutual consensus within the SCO.
• Lack of Cooperation: The failure to reach consensus on issues like defining lists of terrorists, separatists, and extremists within the Regional Anti-Terrorist Structure (RATS) underscores cooperation challenges.
• Growing Factionalism: The formation of an Iran-Russia and China axis and anti-Western orientation run counter to the organization's regional focus.
• Expansion of SCO: New bids for membership, such as those from Turkey and Saudi Arabia, often reflect individual geopolitical interests rather than a belief in the collective ethos and objectives of the organization.

India can play a constructive role in the SCO by:

• Sponsoring Digital Transformation: India's expertise in digital payment interfaces like UPI aligns with the SCO's economic and technological agenda.
• Boosting Regional Connectivity: Leveraging its economic strength and intellectual capital, India can enhance regional connectivity, exemplified by its involvement in the International North-South Transport Corridor (INSTC).
• Informal Negotiations: Using the SCO as a platform for informal Track 2 negotiations with countries like Pakistan and China can promote confidence-building and regional stability.
• Cultural and Economic Ties: India's historical and cultural connections with Eurasia, along with its youthful population, can foster greater cooperation within the organization.

Conclusion
India should embrace a constructivist approach, with an emphasis on finding common ground and prioritizing cooperation in accordance with the principles of the New Delhi Declaration. This approach can effectively counter radicalization, support peaceful conflict resolution, and contribute to regional stability within the SCO.

Q10: Indian diaspora has scaled new heights in the West. Describe its economic and political benefits for India. (150 words, 10 marks)
Ans:

Introduction
The Indian diaspora, which comprises more than 31 million people, has risen to considerable prominence, especially in Western nations. They assume a crucial role in advocating for India's interests, not only within the economic sphere with influential individuals such as Satya Nadella, Sundar Pichai, and Ajay Banga but also within the political arena, including figures like Rishi Sunak and Kamala Harris.

Economic Benefit

• Remittances: Vital source of remittances (More than $100 billion), serving as a form of private social protection while also spurring increased consumption and community development.
• Brain Gain: Through acquisition of skills and knowledge abroad and transferring them back to India, notably benefiting sectors like IT.
• FDI: Their affinity for Indian culture drives FDI and facilitates international trade, investment, and entrepreneurial ventures.

Political Benefit

• Lobbying and Advocacy: India - The civil nuclear deal between India and US was a result of lobbying and campaign by Indian-Americans (INDIA CAUCUS)
• Multilateral Diplomacy: UK under Rishi Sunak and also the leaders of the USA had in the past supported India's candidature for permanent member of UNSC.
• Bilateral Diplomacy: Relaxed visa regime post-Brexit with UK, renewed focus on India-UK FTA under Rishi Sunak and the demand for early conclusion of India-EU FTA.
• Soft-power: Diaspora act as bridge-builders and showcase Indian rich heritage and culture in the host country, thus enhancing cultural and people to people contact.

Conclusion
This dual function of diaspora communities highlights their essential contributions to both their countries of origin and their adopted homes, facilitating economic development and fortifying global political relationships.