Q1: Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of 'checks and balance'? Explain.
Ans: The Indian constitution meticulously defines the powers and functions of the state's organs: legislature, executive, and judiciary. Unlike the US constitution, India adheres to the principle of 'checks and balances,' evident in constitutional provisions governing the three branches.
The President exercises the state's executive power, acting on advice from the council of ministers led by the Prime Minister. Article 75 specifies that the council, responsible for policy formulation and implementation, comprises members of Parliament and is accountable to the Lok Sabha. Parliament, consisting of the Lok Sabha, Rajya Sabha, and the President, is unique as the legislative body with the head of the executive as an integral part. Various motions such as censure and no-confidence motions allow Parliament to scrutinize and hold the council accountable. Additionally, Article 61 empowers Parliament to impeach the President for constitutional violations.
India's judiciary, with the Supreme Court at its apex, is independent. Article 32 and 226 grant the Supreme Court and High Courts authority for judicial review, checking the constitutional validity of executive and legislative actions. Judicial independence is maintained in the constitution, but the judiciary's ties to the executive and legislative branches are evident in the appointment, transfer, and removal of judges.
The doctrine of separation of powers aims to create distinct power centers, avoiding concentration in a single institution. While strict separation is challenging, the doctrine emphasizes checks and balances to prevent power abuse and uphold the rule of law. The three pillars - legislature, executive, and judiciary - in India mutually reinforce each other, ensuring effective checks and the smooth functioning of the system.
Q2: The central administrative tribunal which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its power as an independent judicial authority. Explain. (Governance)
Ans: A new Part XIV-A was added to the Constitution by the 42nd Amendment Act of 1976. This part is titled as ‘Tribunals’ and consists of Article 323A which empowers the Parliament to provide for the establishment of administrative tribunals for the adjudication of disputes relating to recruitment and conditions of service of public servants.
Consequently, the Central Administrative Tribunal (CAT) was established by an Act of 1985. The Principal seat of CAT is at New Delhi with additional benches in different states. The CAT has been given original jurisdiction in relation to recruitment and all service matters of public servants covered by it.
The Central Administrative Tribunal (CAT) acts as an independent judicial authority, performing its duties free of influence or control by other actors.
Article 323A enables the Parliament to take out the adjudication of disputes relating to service matters from the civil courts and the high courts and place it before the administrative tribunals.
CAT is of statutory origin, unlike the Supreme Court and high courts which have direct origin from the Constitution. Nevertheless, the 1985 Act, by establishing CAT, has opened a new chapter in the sphere of providing speedy and inexpensive justice to aggrieved public servants.
The members of CAT are drawn both from judicial and administrative streams to give the Tribunal the benefit of expertise in both legal and administrative spheres. CAT is free from technical rules of the Indian Evidence Act, 1872 and procedural shackles of the Code of Civil Procedure, 1908, but it has been vested with the powers of a Civil Court in respect of some matters, including the review of its own decisions, and is bound by the principles of natural justice.
Recently, the Delhi High Court has held that the CAT can exercise the same jurisdiction and powers as a High Court in respect of its contempt proceedings, giving it more power to act as an independent judicial authority.
In another case, the CAT has taken a swipe at the Delhi High Court because during June vacations, the High Court briefly heard a case that was originally pending before the tribunal.
However, the Central Administrative Tribunal still cannot be called a truly independent judicial body because
Thus, it can be fairly argued that the tribunal, formed for grievance and complaints redressal, has evolved into a judicial body but cannot be called entirely independent.
Q3: What are the methods used by the farmers’ organisation to influence the policy-makers in India and how effective are these methods? (Governance)
Ans: Farmers’ organizations serve as a valuable mechanism for organizing collective self-help actions among farmers, aiming to enhance their economic and social well-being as well as that of their communities. These organizations are seen as capable of mobilizing resources, garnering support, and exerting pressure through their members, operating at various levels from local to national.
Methods used by organizations:
Challenges and outcomes:
Conclusion: While organizing protests and garnering support helps draw attention from the public and government, the tangible impact on the ground appears limited.
Q4: From the resolution of contentious issues regarding distribution of legislative powers by the courts, 'Principle of Federal Supremacy' and 'Harmonious Construction' have emerged. Explain.
Ans: Division of power is a fundamental aspect of federalism, outlined in the Constitution through a three-fold distribution of legislative subjects among the Union list, State list, and Concurrent List in the Seventh Schedule. However, disputes arise in categorizing legislation into these lists, leading to the evolution of various principles by the courts for resolution.
Principle of Harmonious Construction: In cases of conflict between statutes in the Union and State lists, the rule of harmonious construction is applied. This rule suggests interpreting the statute as a whole, considering its purpose and intent. The broadest interpretation of provisions should be allowed, and the courts should strive to remove inconsistencies in the statute's language. For example, in the case of Shri Krishna Rangnath Mudholkar vs Gujarat University, 1963, regarding the validity of the Gujarat University Act, the court applied this principle to allow the State government to legislate on excluded items, reserved for the center, as an extension of its power in education, as long as it doesn't contradict union law.
Principle of Federal Supremacy: When a statute's provisions fall within both State and Union lists, the center holds dominant legislative power. The State and Concurrent lists are subordinate to the Union list. The Supreme Court can invoke this principle as a last resort if attempts to find a solution under the Principle of Federal Supremacy fail.
In the era of cooperative and competitive federalism, efforts should be made to minimize conflicts. States should undertake reforms in vital areas like Police and Agriculture marketing, collaborating with other states and the center for a uniform legislative framework in key areas. Initiatives like 'One Nation, One Ration Card' indicate the need for increased federal cooperation.
Q5: What can France learn from the Indian Constitution’s approach to secularism.
Ans: European countries, including France, grapple with striking a balance between secularism and state religion to harmonize national and religious identity, allowing coexistence of ethnic and religious minority groups within state institutions. Examples include the bans on Islamic clothing, kosher or halal meals, and burqas in France.
India's experiences may shed light on a more flexible approach to secularism compared to the rigid form practiced in France:
Q6: Implementation of Information and Communication Technology (ICT) based projects/programmes usually suffers in terms of certain vital factors. Identify these factors and suggest measures for their effective implementation. (Governance)
Ans: Misgovernance has been a major issue that has marred the effective implementation of government schemes and policies. Therefore, the government has been spearheading radical digitisation to induce economic inclusiveness and social transformation, through initiatives like 'Digital India,' 'Make in India,' and 'Skill India.'
However, the implementation of Information and Communication Technology (ICT) based programs usually faces another set of complex challenges.
Challenges in Implementation of ICT based Programs
Measures for Effective Implementation
Even though there are several challenges in the effective implementation of such programs, the benefits of ICT-based solutions cannot be neglected. It helped to save revenue for the exchequer by plugging leakages, weeding out ghost beneficiaries, targeted delivery of services in real-time, etc. It has improved transparency, accountability, and last-mile delivery of basic services to the citizens.
Hence, if the challenges and lacunae of ICT-based programs are effectively tackled, e-governance can prove to be an effective tool in bringing social transformation, thereby realizing the dream of an inclusive and prosperous India.
Q7: On what grounds a people’s representative can be disqualified under the Representation of Peoples Act, 1951? Also mention the remedies available to such person against his disqualification.
Ans: The Representation of the People Act, 1951, outlines the procedures for conducting elections to the Parliament and State Legislature. It establishes criteria for qualifications, disqualifications, and mechanisms for dispute resolution related to such elections.
According to the Act, a person is disqualified if he/she:
The Act also provides remedies against disqualification:
Q8: Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement explain whether parliament under Article 368 of the constitution can destroy the Basic structure of the constitution by expanding its amending power
Ans. Article 368 of the Indian Constitution grants the Parliament the authority to amend, add, vary, or repeal any provision of the Constitution following the prescribed procedure. This power is essential to address challenges and fulfill the nation's requirements for growth and development.
However, in the process of amending the Constitution under Article 368, the Parliament has, on occasion, exceeded constitutional limits by encroaching into areas related to federal relations between the Union and States, individual liberties, and, to a certain extent, misusing Article 368 itself. Notable instances include amendments like the 25th and 42nd Constitutional Amendment Acts, which have raised concerns about the principle of constitutionalism.
In response, the Supreme Court intervened to establish a harmonious balance between fundamental rights and Directive Principles, giving rise to the doctrine of the 'basic structure' of the Constitution.
The emergence and application of the 'basic structure' doctrine can be observed in the following Supreme Court judgments:
Thus, Parliament's power to amend the Constitution is restricted to ensure the preservation of the Constitution's essence envisioned by the founding fathers of India. Importantly, the doctrine of basic structure does not undermine the legislative competence of Parliament; instead, it reinforces the supremacy of the Constitution and upholds its spirit.
Q9: "The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process." Comment.
Ans: A million women have been elected at the village, block, and district levels, following the 73rd Constitutional Amendment, which reserved 33 percent of seats in Panchayati Raj Institutions for women. The process of decentralization has provided representation, but representation has not always led to their participation in the Indian political process.
Patriarchal Character of Indian Political Process
However, there have also been many positive impacts of women representation:
Way forward
The reservation of women at the local level has had various social and developmental impacts like promotion of nutrition, sanitation drive, behavioral changes, etc. Also, women are more aware of their rights now which could be seen in women voters outnumbering men voters in states like Bihar. However, women’s participation in politics in a true sense is still to be realized. Their participation in the political process is a matter of human right and a key in deepening our democracy. It would also help India in realizing the SDG-5 (Sustainable Development Goal) that aims to end gender inequality in all forms.
Q10: “The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss.
Ans: The Constitution under Article 76 has provided for the office of the Attorney-General for India (AGI). He is appointed by the President and holds the office during the pleasure of the President. He must be a person who is qualified to be appointed as a judge of the Supreme Court.
As the chief legal adviser of the Government of India, the Attorney-General has the following duties:
The AGI is the highest law officer in the country and acts as the lawyer of the Government of India. Through a notification of 1950, he has been assigned the following duties by the President:
Along with these duties, the AGI also has the right of audience in all courts in the territory of India. He also enjoys all the privileges and immunities that are available to a member of Parliament.
However, the Attorney-General is not the full-time counsel of the Government. He does not fall in the category of government servants, and he is not debarred from private legal practice. But, he should not advise or hold a brief against the Government of India, and he should not defend accused persons in criminal prosecutions without the permission of the Government of India.
Thus, the duties and privileges of the AGI, combined with the limitations imposed on him, make him the chief legal adviser and lawyer of the Government of India. Nevertheless, the separate law minister in the Central cabinet to look after legal matters at the government level, to some extent, gives the office of AGI a subordinate position.
Q11: Individual Parliamentarian’s role as the national law maker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss.
Ans: The Rights of Transgender Persons Bill, 2014 was introduced as a private member’s Bill by the Dravida Munnetra Kazhagam MP Tiruchi Siva, and passed by the Rajya Sabha in April 2015. It was the first time in four decades that the Rajya Sabha had passed a private member’s Bill. The Bill brought into picture the plight of transgenders in the country and mainstreamed the issue in the public debate.
Ministers or parliamentarians representing a political party are often bound by populist decision making, election manifestos, and the ideology that governs the party. Individual parliamentarians or the private members are free from such boundations and offer a more fertile ground, on the floor of the Parliament, for dissent and debate around various issues that affect the nation.
However, the Individual Parliamentarian’s role as national law maker has been on a decline of late. From 2014-2018 about 900 private member Bills were introduced in the Parliament but not even 2% of these bills were discussed.In a mature parliamentary system, all ideas should be debated and decided upon. While the legislative ideas piloted by the government get discussed, the ideas of individual MPs get accumulated and more than often remain ignored.
Reasons for the Decline
Way Forward
However, apart from paying respect and giving encouragement to the legislations framed by the Individual Parliamentarians, several other issues also need to be addressed to improve the overall quality of discussions in the Indian Parliament and in governance in India. For eg, Members of Parliament have to address their low attendance and increase their engagement in the discussions. Similarly, they have to utilise the limited parliamentary time for proceedings judiciously without unnecessary disruption.
Q12: ‘In the context of neo-liberal paradigm of development planning, multi-level planning is expected to make operations cost-effective and remove many implementation blockages.” Discuss. (Governance)
Ans: India underwent a transition in its developmental planning from macro policy planning to neo-liberal policies in the 1990s. There has also been a gradual shift towards Multi Level Planning in recent times. Multilevel planning integrates decision-makers at all spatial levels in the planning process through negotiations, deliberations, and consultations. This makes policies relevant and need-based. It also sets up process mechanisms/institutions for affecting such cooperation at each required stage.
Cost-effectiveness operations and better Implementation
Way forward
Niti Aayog has taken various initiatives to develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government. Similarly, Aspirational District Scheme is also an innovative step in the direction of multi-level planning and implementation. Going further, more such steps should be taken to usher good governance in the country.
Q13: The need for cooperation among various services sectors has been an inherent component of development discourse. Partnership bridges the gap among the sectors. It also sets in motion a culture of ‘collaboration’ and ‘team spirit’. In the light of statements above examine India’s development process. (Governance)
Ans. India continues to remain one of the fastest growing economies in the world. Despite recent slowdown, India’s growth of real GDP has been high with average growth of 7.5% in the last five years. As per Economic Survey 2018-19, the services sector accounts for 54% of India GVA. FDI equity inflows into the services sector account for more than 60% of the total FDI equity inflows into India.
Components of Indian services sector
There are twelve identified sectors where the government wants to give focused attention for promoting their development which are:
Cooperation among various services sub-sectors
Initiative of Bharatmala project not only provide connectivity through better transportation services but also creates employment in construction sector thereby promoting tourism in remote areas.
Hence, different sectors have functional inter-linkages and investment in one sector creates multiplier effect benefitting the entire economy.
Cooperation at leadership level
The fastest growing Indian economy provides vast opportunity for collaboration among different departments of the government and with businesses as well. This can be seen in India’s development process through the following examples:
Services sector not only promotes economic growth but also creates opportunity for development in human capital. Thus, India’s huge demographic dividend can only be productively utilized if there is a culture of ‘collaboration’ and ‘team spirit’ at all levels of governance architecture.
Q14: Despite the consistent experience of high growth, India still goes with the lowest indicators of human development. Examine the issues that make balanced and inclusive development elusive. (Social Justice)
Ans: Human development is increasingly considered the ultimate goal of development, encompassing dimensions like life expectancy, education, standard of living, healthcare, and addressing inequalities. The United Nations Human Development Index (HDI) and the World Bank's Human Capital Index are key measures, while economic growth is typically gauged by Gross Domestic Product (GDP) or gross national product. There exists a strong correlation between economic growth and human development, as economic growth provides the necessary resources for sustained improvements in human development.
India, one of the largest economies globally, faces challenges in human development. According to the UN HDI report 2018, India ranks 130 out of 189 countries. While there have been improvements in life expectancy and school enrollment, the gross national income per capita also increased significantly. The World Bank's Global Human Capital Index 2019 places India at 115th out of 157 nations, indicating that a child born in India is expected to be only 44% productive when grown up, even with education and healthcare.
Reasons for the lack of human development include:
Way Forward
In conclusion, human development and economic growth share a cause-and-effect relationship. Investing in human capital is essential for achieving the goal of becoming a $5 trillion economy and addressing the current economic slowdown in India.
Q15: There is a growing divergence in the relationship between poverty and hunger in India. The shrinking of social expenditure by the government is forcing the poor to spend more on non-food essential items squeezing their food budget. Elucidate. (Social Justice)
Ans: Since the economic reforms, Urban Head Count Ratio (HCR) poverty in India decreased from 32% in 1993-94 to 21% in 2009-10. The decline in poverty in rural India has been even more remarkable, with HCR dropping from 50% to 34% during the same period. However, this positive trend becomes uneasy when confronted with another set of facts on the prevalence of hunger (or under-nutrition) in the country.
Despite an increase in real income over the last two decades, overall calorie consumption and nutritional intake have not proportionally increased. According to the Global Hunger Index, India ranks second after South Sudan in wasting (low weight for height) among children. Additionally, millions of children and adults suffer from "Hidden Hunger."
The poor are spending more on education, healthcare, transportation, fuel, and lighting. The share of monthly expenditure devoted to these items has risen at a pace that has absorbed all the increase in real income over the past decades, leading to a 'Food Budget Squeeze.' A significant reason for this is the shrinking social expenditure by the government, making the urban and rural poor dependent on market prices for essential non-food items like education and healthcare, which are typically high.
Social sector spending in India has consistently been low compared to other countries. According to the National Health Profile 2018, India spends 1.02% of the gross domestic product on public healthcare, significantly less than other countries like Maldives (9.4%), Sri Lanka (1.6%), Bhutan (2.5%), and Thailand (about 2.9%). In education, India's public investment is around 2.7% of GDP, whereas it is 3.4% in Sri Lanka and 7.4% in Bhutan.
Another contributing factor is the large-scale migration of rural working people to urban centers or other rural areas in search of work. Much of this migration is temporary and seasonal, involving relatively long distances, impacting the expenditure patterns of households. The trend towards a mobile labor force means higher costs of transportation, communication with work sites, and a lack of traditional non-market food sources when away from home.
Hunger persists in India due to a decline in access to non-market food sources, a preference for 'better-tasting, more expensive' calories, and increased spending on luxury items like radio, TV, and mobile phones, as economist Abhijit Banerjee notes in his book "Poor Economics."
Talks of Universal Basic Income and replacing food subsidies with Direct Benefit Transfer are gaining traction. However, these measures may exacerbate the hunger crisis by exposing the poor to market volatility.
Economists Amartya Sen and Jean Dreze distinguish two aspects of social security — "protection" and "promotion." While protection denotes safeguarding against a fall in living standards through ill health or accidents, promotion focuses on enhanced living conditions or "capability building." The government needs to address both aspects by increasing expenditure on education to 6% of GDP, as recommended by the Kasturirangan committee, and meeting the target of spending 2.5% of GDP on health, assisting the poor in focusing on nutrition
Q16: Performance of welfare schemes that are implemented for vulnerable sections is not so effective due to absence of their awareness and active involvement at all stages of policy process. Discuss. (Social Justice)
Ans: The welfare schemes are designed to provide the necessary means for the development of individuals, groups, or a community. Generally, they are targeted towards the vulnerable and marginalized section of society.
However, it is observed that the benefits intended to be delivered to the people through these schemes do not reach the beneficiaries because of weaknesses in administrative planning, delivery mechanism, and lack of awareness among the targeted groups. It is also observed that many development projects and programs have failed in the past due to inadequacies in design, implementation, involvement, and general awareness about the policy in the public.
Ineffectiveness of the Policies
The quality of the policy framework and the effectiveness of the implementation of the policies are as important as the availability of resources for the realization of the intended policy objectives. Availability of funds alone is not sufficient for tackling socio-economic problems like poverty and backwardness. Both implementing bodies as well as the benefiting people have to be aware of each other's situations and work harmoniously.
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