UPSC Mains Previous Year Questions 2021: GS2 Indian Polity | Indian Polity for UPSC CSE PDF Download

Q1: ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.
Ans: Constitutional Morality is the commitment to the principles of constitutional values, emphasizing inclusive and democratic political processes. Dr. Ambedkar envisioned it as a harmonious interaction between the governing and governed.
Though not explicitly mentioned in the Constitution, Constitutional Morality is ingrained in various aspects of the Constitution, including:

• Preamble: Values like justice, liberty, equality, and fraternity
• Fundamental Rights
• Fundamental Duties
• Directive Principles of State Policy

The doctrine of constitutional morality safeguards the rule of law, promoting diversity and active citizen participation in combating inequalities and non-constitutional elements.
The Supreme Court has emphasized constitutional morality:

• In the Krishnamoorthy case (2015), the Court stressed constitutional morality as the foundation of good governance.
• In the Justice K.S. Puttaswamy case (2018), the Court highlighted its role in neutralizing executive excesses.
• In the Government of NCT of Delhi case (2018), the Court equated it to a 'second basic structure doctrine,' acting as a check on arbitrary power.
• In the Indian Young Lawyer’s Association case (2018) (Sabrimala case), the Court upheld constitutional morality over the doctrine of essentiality.

Constitutional morality is crucial for effective constitutional laws, preventing arbitrary constitutional operations. While the Supreme Court plays a role, cultivating this sentiment among citizens is equally essential.

Q2: Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.
Ans: Recent Developments in Women's Representation in Judiciary

• In a noteworthy move, Chief Justice of India, N.V. Ramana, has advocated for a 50% representation of women in the judiciary.
• However, the current gender gap in the judiciary reveals that the Supreme Court has only 2 women judges, and there has never been a female Chief Justice of India. Out of approximately 1100 judges in the higher judiciary, only around 80 are women, highlighting the need for increased representation.
• The Sustainable Development Goals (SDG 5 and SDG 16) emphasize global responsibility for achieving gender equality and women's representation in public institutions, including the judiciary. The ultimate goal should be to ensure equal representation for women judges at all levels.
• It is essential to recognize that being a woman does not limit one's critical thinking or ability to dispense justice. The inclusion of women on judicial benches brings a new dimension or broader acceptance to legal principles and interpretations.
• Women judges contribute to the legitimacy of courts by sending a powerful signal that they are open and accessible to those seeking justice. The legal profession, as a guardian of equality and rights, should exemplify gender equality.
• Enhancing the representation of women in the judiciary holds significant importance, especially in handling cases involving sexual violence. Transforming the longstanding demographics of the court can lead to a more balanced and empathetic approach, fostering modernization and reform.

Q3: How have the recommendations of the 14th Finance Commission of India enabled the States to improve their fiscal position?
Ans: The Fourteenth Finance Commission
The Fourteenth Finance Commission was established by the President in 2013 under Article 280 of the Constitution to provide recommendations for the period 2015-20, with Dr. Y. V. Reddy appointed as the Chairman. This commission, a constitutional body, aims to address vertical and horizontal imbalances in federal finances in India.
The key contributions of the 14th Finance Commission to improve the fiscal position of States include:

• Share in Centre’s Divisible Pool: The commission proposed an increase in the States' share in the Center’s divisible tax pool from 32% to 42%, enhancing their autonomy in determining expenditure priorities.
• Centrally Sponsored Schemes (CSS): The Commission recommended the delinking of eight centrally sponsored schemes from central support, empowering States with greater fiscal responsibility and autonomy in implementing development initiatives.
• Taxation: Emphasizing tax devolution as the primary fund transfer to States, the commission aimed to boost unconditional transfers, providing States with more flexibility in spending.
• Grants: The recommendations included various transfers, such as grants to rural and urban local bodies, performance grants, disaster relief grants, and revenue deficit grants, amounting to around 5.3 lakh crore for the period 2015-20.
• Compensation: In the context of GST implementation, the commission proposed full compensation to States for three years in case of revenue loss. The suggested compensation percentages were 100% in the first three years, 75% in the fourth year, and 50% in the fifth and final year. It also proposed the creation of an autonomous GST compensation fund through legislative actions.

The recommendations of the Finance Commission are poised to reform State finances, gaining significance for macroeconomic management as State governments' fiscal deficit reached unsustainable levels. These recommendations grant States autonomy in determining expenditure priorities, fostering the spirit of "balancing wheel of fiscal federalism."

Q4: To what extent, in your view, the Parliament is able to ensure accountability of the executive in India?
Ans: Parliamentary Form of Government in India: The Constitution of India establishes a parliamentary form of government, where the Executive is accountable to the Parliament for its policies and actions. This parliamentary democracy allows for a continuous evaluation of the executive's accountability to the legislature.
The Parliament ensures executive accountability through various mechanisms:

• Question-hour, zero hour, calling attention motion, adjournment motion, no-confidence motion, and other discussions: These forums enable MPs to question ministers regarding the government's implementation of laws and policies.
• Budgetary control: This includes appropriation of grants and post-budgetary control through committees like Public Accounts Committees.
• Committee system: Standing committees, select committees, and ad hoc committees facilitate the scrutiny of the executive's actions and activities.

Despite these mechanisms, recent instances have shown Parliament's challenges in ensuring executive accountability:

• Evading debates/discussions/checks: Examples include the Aadhaar Act (money bill route) and farm laws (voice vote mechanism).
• Parliament sidelining institutions: Fewer bills referred to parliamentary committees.
• Disruptions and low productivity: Coordination issues leading to disruptions during sessions and reduced question hour productivity.

While Parliament appears empowered to hold the political executive accountable, practical constraints exist:

• Dominance of the majority party or coalition.
• Anti-defection law and party whips.
• Complex presentation of policies, laws, and budgets.
• Use of exceptional constitutional provisions like ordinance-making power.

To ensure complete executive accountability, steps need to be taken, such as implementing the 15-point reform charter suggested by the Vice President. Additionally, the committee system should function effectively with members nominated based on domain knowledge and for longer terms.

Q5: “Pressure groups play a vital role in influencing public policy making in India.” Explain how the business associations contribute to public policies. (Governance)
Ans: Pressure Groups and Business Associations in Public Policy

• A pressure group is a collectively organized entity actively promoting and defending common interests, distinct from political parties. Their focus is on safeguarding and advancing the interests of their members by influencing the government.
• Pressure groups impact policymaking and implementation through methods like lobbying, correspondence, publicity, propaganda, petitioning, public debates, etc.
• A business association refers to membership organizations supporting the business interests of their members. Given the strong influence of public policies on businesses, staying informed and influencing governmental decision-making is crucial.
• In India, examples of business associations include the Federation of Indian Chamber of Commerce and Industry (FICCI), Associated Chamber of Commerce and Industry of India (ASSOCHAM), Federation of All India Food Grain Dealers Association (FAIFDA), etc.

Contributions of Business Associations to Public Policies:

• Engagement with policymakers to communicate industry grievances and influence policies by articulating industry views and suggestions.
• Providing a platform for consensus-building through workshops, seminars, and business meets to discuss various policies.
• Offering useful and credible research on industrial operations, infrastructure, technology, and foreign trade developments, influencing public policies.
• In representative democracies, business groups influence the political process by funding party election expenses, mobilizing voter support, etc. The more organized the group, the greater its influence in the political and policymaking processes.

Q6: 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 the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.
Ans: Federalism and the Role of Central Bureau of Investigation (CBI) in India
Federalism is a governance system where power is distributed between a central authority and various constituent units of the country. In India, the Constitution outlines a threefold distribution of powers between the Union Government and State Governments.
The Central Bureau of Investigation (CBI), regarded as India’s premier investigation agency, handles cases of corruption and major criminal matters, investigating infringements of economic and fiscal laws. The CBI derives its authority from the Delhi Special Police Establishment (DSPE) Act, 1946.
As per Section 6 of the DSPE Act, the CBI requires the State's consent to extend investigations beyond Union Territories. There are two types of consent for a CBI probe:

• General Consent: When a State grants general consent, the CBI can enter the State for investigations without seeking fresh permission each time.
• Specific Consent: If general consent is withdrawn, the CBI must seek case-specific consent from the concerned State government for each investigation. Without specific consent, CBI officials lack the powers of police personnel in that State.

However, the States' power to withhold consent is not absolute. The Supreme Court and high courts can order the CBI to investigate a crime without State consent. The withdrawal of general consent does not impact pending investigations or cases registered in another State where the investigation extends into the territory of the State that withdrew general consent (Kazi Lendhup Dorji case, 1994).
In the context of the federal structure, policing is exclusively a State subject. The establishment of the CBI under the DSPE Act is an exception, encroaching upon State jurisdiction. Federal issues often arise as the CBI's jurisdiction clashes with State police, leading to conflicts, particularly when different political parties govern at the State and Central levels.

Q7: 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. Analysing their structural and practical limitations, suggest remedial measures.
Ans: The National Human Rights Commission (NHRC) in India: The National Human Rights Commission (NHRC) of India, established on 12th October 1993 under the Protection of Human Rights Act (PHRA), 1993, reflects India's commitment to the promotion and protection of human rights.

Functions of NHRC:

• Complaints and Redressal Mechanism: Providing a platform for addressing human rights grievances.
• Awareness Raising and Education: Conducting human rights education, training, and research.
• Cooperation: Collaborating with civil society, NGOs, and human rights defenders.
• Coordination: Coordinating with all State Human Rights Commissions.
• International Engagement: Participating in international and regional bodies and mechanisms.

Contributions of NHRC:

• Addressing displacement issues due to mega projects, disasters, and conflicts.
• Filing a writ petition after the Godhra riots to ensure accountability.
• Addressing high suicide rates among debt-ridden farmers.

Limitations:

• NHRC can only make recommendations without enforcement power.
• Limited investigative capacity; relies on Central and State governments for investigations.
• Constraints in addressing grievances registered after one year of the incident.
• State Human Rights Commissions lack power to investigate armed forces under the Union government.

Possible Remedial Measures:

• Making NHRC decisions enforceable for increased efficacy.
• Enhancing the Commission's composition by including members from civil society.
• Establishing an autonomous investigative staff recruited by NHRC.
• Collaborative efforts between state and non-state actors to strengthen human rights.

Despite the persistent human rights challenges, urgent steps are needed to empower NHRC for enhanced efficiency and independence in addressing these issues.

Q8: Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.
Ans: Right to Equality: A Comparative Analysis between the United States and India Both the United States and India, as the largest democratic countries globally, base their political structures on federalism. Democracy thrives where individuals are treated equally and without discrimination, necessitating constitutional provisions to eliminate social and economic inequalities and ensure diverse communities enjoy guaranteed rights and liberties.

Right to Equality:

• India: In India, Chapter III, titled "Fundamental Rights," was added to the Constitution by the Constituent Assembly. It combines the British model of 'Equality before Law' and the American model of 'equal protection of law' (Article 14). The right encompasses civil-legal and socio-economic equality, as well as substantive equality. Affirmative action is also provided to ensure equality (Article 16), focusing on both equality of opportunity and outcomes. It prohibits discrimination and abolishes untouchability (Article 17).
• United States: The original US Constitution did not address discrimination explicitly. The Right to Equality was derived from the Declaration of Rights and the Bill of Rights. It was incorporated into the Bill of Rights through the fourteenth Amendment in 1868. The US follows the concept of 'equal protection of law,' emphasizing equal treatment under equal circumstances. The right primarily focuses on civil and legal equality.

The Right to Equality is considered a fundamental feature in both Constitutions, playing a pivotal role in achieving social and economic justice. It emphasizes the fundamental unity of individuals by providing equal opportunities and treatment for all.

Q9: Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.
Ans: The Bicameral System in Indian States: Legislative Council India follows a bicameral system at both the Centre and State levels. The State legislature consists of two parts: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).

Formation:

• Article 169 of the Constitution allows Parliament to abolish or create a Legislative Council by a simple majority, based on a special majority resolution passed by the concerned State Legislative Assembly.
• Article 171 stipulates that the total number of members in the Legislative Council shall not exceed one-third of the total members in the Legislative Assembly.
• Members are nominated or indirectly elected, with 1/3 elected by local authority members, 1/12 by graduates, 1/12 by teachers, and 1/3 by Legislative Assembly members. The Governor nominates the remaining members.
• 1/3 of the Council members retire every 2 years.

Functions:

• Legislative: Can introduce and pass non-money bills, sending them back to the Assembly with amendments if needed.
• Financial: Limited powers in financial matters; cannot introduce money bills.
• Control over Executive: Limited control over the executive; Council of Ministers is responsible to the Legislative Assembly.
• Miscellaneous: Elects its Chairman and Deputy Chairman, discusses technical matters, and accommodates experienced individuals who may not want to contest elections.

While Legislative Councils have limited legislative power and face criticism for budget burden and political use, they serve as a check against hasty legislation and provide a platform for experienced individuals who might avoid electoral processes.

Q10: 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: Parliamentary Standing Committees: Oversight and Limitations
Department-Related Parliamentary Standing Committees consist of 31 members (21 from Lok Sabha and 10 from Rajya Sabha), nominated by the Speaker, Lok Sabha, and the Chairman, Rajya Sabha. Their term of office does not exceed one year.

Functions:

• Examine demands for grants of related ministries/departments and report on them.
• Verify bills referred by the Chairman or the Speaker related to the ministries/departments.
• Provide direction, guidance, and inputs for broad policy formulations, emphasizing long-term plans and policies.
• Facilitate input from experts and those directly affected by a policy or legislation.

Issues with Functioning:

• Meetings are conducted behind closed doors, raising transparency concerns.
• Committees' suggestions are not enforceable.
• Not all bills are required to be routed through the Committees, leading to uncertain scrutiny of all bills.
• Committees are not specialized bodies due to their one-year tenure.

While committees of 30 offer a more in-depth examination than an assembly of 700, issues like transparency, enforceability, and limited tenure constrain their scope.

Q11: Has digital illiteracy, particularly in rural areas, coupled with lack of Information and Communication Technology (ICT) accessibility hindered socio-economic development? Examine with justification. (Governance)
Ans. Digital Literacy and Socio-Economic Development in Rural Areas
Digital literacy, the ability to navigate the digital world, is crucial for utilizing technology for information access and communication. While it can empower people in various ways, the slow uptake of Information and Communication Technology (ICT) in rural areas poses challenges:

• Barriers to Quality Education: Children face difficulties accessing virtual classrooms due to issues like poor internet connectivity and frequent outages.
• Missed Employment Opportunities: Lack of digital knowledge among rural youth hinders their participation in income-generating opportunities like e-commerce and IT services.
• Inaccessibility of Government Schemes: Overemphasis on digitization without addressing digital literacy results in the inaccessibility of government benefits for vulnerable sections.
• Gender Imbalance: Digital illiteracy among women and girls in rural areas contributes to gender imbalance, influenced by social, cultural, and institutional barriers.

The digital divide goes beyond access issues and requires more than just providing necessary equipment. The government's efforts, as highlighted by the Standing Committee on Information Technology, need improvement. Initiatives like Digital India, Internet Saathi Program, and DIKSHA are commendable but must focus on information accessibility, utilization, and receptiveness to drive positive socio-economic development in rural areas.

Q12: “Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse. (Social Justice)
Ans: Primary Health Care and Its Role in a Welfare State
Primary health care is the initial point of contact a person has with the health system when facing a health issue. The concept of a Welfare State involves the government playing a crucial role in safeguarding and enhancing the economic and social well-being of its citizens.

Primary Health Structure as a Moral Imperative of a Welfare State:

• Right to Health: Integral to the Right to Life, the right to health is a fundamental right guaranteed under Article 21 of the Constitution.
• Directive Principle of State Policy: Article 47 emphasizes the state's obligation to raise nutrition levels, improve living standards, and provide primary health facilities.

Importance of Primary Health Care in Sustainable Development:

• Sustainable Development Goal (SDG) 3: Ensures healthy lives and well-being for all, emphasizing the need for an effective primary health structure for access to quality healthcare.
• Affordability Issues: Lack of subsidized and timely treatment leads to affordability challenges, perpetuating a cycle of poverty and increasing out-of-pocket expenditures.
• Educational Outcomes: Health conditions, disabilities, and unhealthy behaviors impact educational outcomes and contribute to social exclusion.
• Societal Impact: Poor population health is linked to lower savings rates, reduced returns on capital, and decreased investment, influencing economic growth negatively.

Primary Health Care Approach:

• As per the 2018 Astana Declaration, the Primary Health Care approach is effective in addressing contemporary health challenges sustainably.
• The National Health Policy 2017 advocates a comprehensive primary health care package through 'Health and Wellness Centers' with a significant allocation of resources to primary care.

Q13: “Earn while you learn a scheme needs to be strengthened to make vocational education and skill training meaningful.” Comment. (Social Justice)
Ans: The 'Earn While You Learn' Scheme: Bridging Work and Learning

• As Benjamin Franklin wisely stated, “Tell me and I forget, teach me and I remember, involve me and I learn.” The 'Earn While You Learn' scheme embodies this philosophy, providing students with opportunities to earn while actively engaging in learning through part-time jobs, commonly known as vocational education.
• The Ministry of Tourism operates a scheme under the same name, aiming to instill tourism travel traits and knowledge in trainees, transforming them into 'student volunteers.'

Features and Benefits of the Scheme:

• Offers students a chance to earn extra pocket money during their college days.
• Provides valuable work experience and hands-on training while pursuing studies.
• Reduces college drop-out rates attributed to financial challenges.
• Prepares students for future employment and exposes them to the realities of the outside world.

Need for Strengthening the Scheme:

• Facilitates ease of doing business by ensuring a steady supply of skilled workforce to the industry and services.
• Leads to an enhancement in the quality and market relevance of manpower.
• Assists students in recognizing and understanding their career choices and preferences.

Generating more awareness about such government initiatives is crucial. The success of this scheme will enable India to harness its demographic dividend to the fullest.

Q14: Can the vicious cycle of gender inequality, poverty and malnutrition be broken through microfinancing of women SHGs? Explain with examples. (Social Justice)
Ans: Addressing Gender Inequality through Micro Financing and Self-Help Groups (SHGs)
The Global Gender Gap Report 2021 places India at 140 out of 156 countries, highlighting significant gender inequality. This disparity stems from unequal opportunities in education, healthcare, economic participation, and empowerment, trapping women in a cycle of poverty and malnutrition.
Self-Help Groups (SHGs) are informal associations where individuals collaboratively seek to enhance their living conditions. Microfinance, a banking service for unemployed or low-income groups, offers financial access otherwise unavailable.

Microfinancing of women SHGs can uplift vulnerable women in the following ways:

• By mobilizing rural women and establishing community institutions, SHGs aim to alleviate poverty. Microfinancing catalyzes this process by channeling savings and funding of SHG members.
• Credit flow empowers women to engage with the outside world, reducing gender inequality and promoting community involvement.
• Microfinancing enhances decision-making within SHGs, empowering members in resource utilization and family planning, ultimately improving nutritional values in their families.

While microfinancing of women SHGs can address challenges like malnutrition, poverty, and gender inequality, it alone is insufficient to transform the situation. There is a need for a shift in patriarchal mindsets, increased awareness about SHGs, and improved accessibility to rural banking facilities.

Q15: “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 interventions can help change this milieu? (Social Justice)
Ans: Transforming Patriarchal Norms: The Road to Gender Equality in India
Patriarchy, a social system where men wield primary power and control, has deep roots in India. Despite its prevalence, the status of women post-Independence has evolved due to various catalysts, including government initiatives and women-led movements. While notable figures like Kalpana Chawla and Kiran Mazumdar-Shaw exemplify progress, challenges persist, as seen in controversies like Sabarimala, issues of Triple Talaq, and judicial judgments.
Efforts for women's empowerment must extend beyond education and targeted schemes. Collective interventions are crucial, involving:

• Shifting Attitudes: Inculcating gender equality ideas within homes, altering the attitudes of parents, spouses, and siblings.
• Decision-Making Freedom: Ensuring women have the freedom to make critical life decisions, such as career choices and marriage timing.
• Legal Reforms: Establishing specialized courts for swift trials of violence against women and balancing maternity and paternity leaves.
• Administrative Inclusion: Incorporating gender-inclusive reforms in institutions like the police to combat the culture of violence.
• Urbanization Strategies: Developing 24x7 cities that promote women's participation in the economy and public life.

While education and empowerment schemes are vital, addressing gender equality challenges in India requires a more profound and practical approach.

Q16: 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. (Social Justice)
Ans: The Role of Civil Society and NGOs in Public Service Delivery
Civil society encompasses communities and groups outside the government that advocate for specific people or issues. Non-Governmental Organizations (NGOs) are non-profit entities operating at various levels to address social or political goals. Their role in public service delivery is crucial:

• Volunteerism and Resources: Civil society and NGOs provide a pool of volunteers and resources for the government to utilize.
• Grass-Root Verification: They address inclusion-exclusion errors through grass-root verification by volunteers.
• Skill Enhancement: Involvement in skill enhancement and livelihood support schemes enhances effectiveness, like in the National Rural Livelihood Mission.
• Last-Mile Delivery: They contribute to last-mile delivery of public services, exemplified during the COVID-19 lockdown when voluntary groups distributed essentials for the vulnerable.
• Communication Bridge: Civil society and NGOs effectively communicate people's needs to the government, influencing initiatives like the PM Garib Kalyan Rojgar Abhiyan.

While civil societies and NGOs positively influence the state and market, challenges persist:

• Ad-hocism and Lack of Continuity: Inconsistent delivery processes.
• Fund Misappropriation: Reports of misusing funds or foreign funding controversies.
• Lobbying and Manipulation: Accusations of lobbying and media manipulation.
• Government Perception: A 'big brother attitude' from officials viewing NGOs merely as contractors.

While civil society and NGOs cannot replace administrative channels in public service delivery, effective coordination between both is essential for efficient service delivery.