UPSC Mains Previous Year Questions 2023: GS2 Indian Polity | Indian Polity for UPSC CSE PDF Download

Q1: "Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment.
Ans: Judiciary, legislature, and executive constitute the pillars of a democratic nation, sharing powers among themselves. In this structure, an independent judiciary, free from the directives and whims of the executive and legislature, is crucial for upholding and practicing the values of the constitution.

Why Judicial Independence?

• Separation between executive and judiciary: This is necessary to relieve the courts of any political bias that could hinder justice for anyone.
• Impartiality of verdicts: A court’s verdict must be solely based on facts and not influenced by the perceived reality or partiality of the judge, ensuring impartial judgment.

Why Constitutionally Backed Judicial Independence is Important?

• The judicial system as the guardian of the constitution: The judiciary, working under the constitution, holds the power as the final authority on its interpretation.
• Protection from curtailment: Unless the independence of the judiciary is constitutionally backed, it can be easily curtailed by the legislature or an executive order.

Provisions under the Constitution

• Non-interference of legislature: The legislature cannot interfere in the appointment of judges.
• Fixed tenure of judges: Judges have a fixed tenure.
• Due process of impeachment: There is a due process of impeachment for the removal of a sitting judge.
• Non-discussion of judges' conduct in Parliament: Parliament cannot discuss the conduct of judges.
• Financial autonomy: Salaries and allowances are charged on the Consolidated Fund of India, requiring no legislative approval.

Through various provisions of the Constitution, India maintains an unrestricted yet disciplined judiciary that is relied on by the entire country with reverence.

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.
Ans: Voltaire aptly stated, “It is better to save a guilty man than to condemn an innocent one.” Judicial justice is the cornerstone of a robust democratic nation. The National Legal Services Authority (NALSA) plays a pivotal role in ensuring proper and equitable availability of judicial justice to all citizens, as envisioned under Article 39A.

Who can receive assistance?

• A member of a Scheduled Caste or Scheduled Tribe
• A woman or a child
• A victim of trafficking or begar as per Article 23
• A mentally ill or otherwise disabled person
• A victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster
• An industrial workman
• People earning less than a stipulated amount of annual income which differs across states

Role of NALSA in giving free legal services in India

• Organising ‘Lok Adalat’: Serving as an alternate dispute redressal mechanism in districts, which helps in cordially settling disputes.
• Legal literacy and awareness: Through school legal literacy clubs, Nyaydeep Newsletter, and other programs, NALSA works on enhancing legal literacy and awareness among the masses.
• Increasing accessibility: Utilizing Lok Adalat, legal services app, and legal aids clinic to enhance accessibility.
• Outreach programs: Conducting programs for undertrials and prisoners, providing assistance and increasing awareness, such as the Haq Hamara campaign.

NALSA has made commendable efforts in making legal aid available to the most disadvantaged sections of society. However, for a society as vast and diverse as India, there is still a considerable distance to cover in achieving equitable justice for all.

Q3: "The states in India seem reluctant to empower urban local bodies both functionally as well as financially." Comment.
Ans: The underwhelming performance of Urban Local Bodies (ULBs), such as municipalities, is a frequently discussed topic in the news. Despite constitutional provisions outlined in the 74th Amendment Act of 1992, these bodies continue to grapple primarily with issues related to funds and functionaries.

Why states are reluctant?

• Lack of Finance: ULBs depend on state governments for grants as their sources of income are insufficient, and the collected taxes do not meet their needs.
• Avoidance of Tax Collection: Although ULBs have the authority to collect taxes, they often refrain from doing so to avoid displeasing the electorate.
• Untapped Capital-Raising Instruments: Instruments such as municipal bonds, public-private partnerships, and the monetization of existing infrastructure remain untapped avenues for raising capital.
• Functional Control: Despite constitutional mandates outlined in Articles 243P to 243ZG, state governments hesitate to devolve powers to ULBs.
• Parallel Structures: Entities like water boards and development authorities take away responsibilities and powers from ULBs.
• Bureaucratic Overpower: The decision-making power of elected representatives is significantly curtailed by the bureaucracy appointed by the state.

Hence, there is a considerable journey ahead for the liberalization of Urban Local Bodies and the proper devolution of powers, allowing them to realize their full potential.

Q4: Compare and contrast the British and Indian approaches to Parliamentary sovereignty.
Ans: British Parliament vs. Indian Parliament

• Parliamentary Supremacy vs. Constitutional Sovereignty: While Britain adheres to the concept of parliamentary supremacy, where its legislative body holds absolute sovereignty, India follows a system of constitutional sovereignty, placing the Constitution above even the Parliament.
• Monarch's Approval vs. Presidential Powers: In the UK, upon the passage of a bill, the monarch's approval is a mere formality. In contrast, India grants the President the authority to return a bill for reconsideration or withhold assent.
• Prime Ministerial Selection: The UK allows the Prime Minister to be elected solely from the House of Commons, ensuring representation based on the people's choice. In India, the Prime Minister can be chosen from either house, potentially leading to a less accurate representation of the country's electoral preference, especially if selected from the Rajya Sabha.
• Regional Parliament vs. Single Parliament: The existence of a separate Parliament for Scotland within the UK highlights a lack of parliamentary sovereignty. In contrast, India maintains a single Parliament, even when special status existed for Jammu & Kashmir.
• Westminster Model Misconception: While India is often thought to follow the Westminster model, closer examination reveals significant differences, particularly in the context of parliamentary sovereignty.

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.
Ans: Roles of the Presiding Officers in Legislative Bodies

• Appointment and Responsibilities: The Speaker of the Legislative Assembly and the Chairman of the Legislative Council serve as the Presiding Officers of their respective houses, as mandated by Articles 178 and 182. Their primary role is to oversee and facilitate the smooth functioning of the legislative proceedings in accordance with the prescribed rules of procedure.

Key Functions:

• Maintaining Order: The Presiding Officers hold the authority to expel members, enforce order, and adjourn meetings as needed to uphold the decorum of the house. They can intervene in cases of unparliamentary language or personal attacks and have the power to penalize members, as demonstrated in instances like the Maharashtra member disqualification.
• Maintaining Impartiality: Ensuring equal opportunities for participation among all members and political parties is a crucial aspect of the Presiding Officers' role. While they abstain from voting initially, in the event of a tie, they possess the authority to cast a deciding vote.
• Facilitating Democratic Practices: The Presiding Officers foster a conducive environment for constructive discussions with diverse perspectives. They play a vital role in safeguarding minority rights and promoting active participation in legislative discourse while ensuring adherence to constitutional principles.

Through the diligent fulfillment of their responsibilities, the Presiding Officers contribute to the conduct of democratic and constitutionally compliant sessions within the state legislatures.

Q6: “The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to life and personal liberty.
Ans: The ability to amend and update the constitution in response to the contemporary needs of society transforms the Constitution into a dynamic document. A prominent illustration of this dynamism is found in the 'right to life and personal liberty' outlined in Article 21, where new aspects continue to be revealed over time.

Dynamic Nature of the Indian Constitution: The provision allowing for the amendment and adaptation of the constitution based on the present conditions reflects the living nature of the Constitution. A notable example of this dynamism is the 'right to life and personal liberty' outlined in Article 21, which continues to unveil new dimensions over time.

Evolutionary Aspects of the Indian Constitution

• Abolition of Privy Purse: Through the 26th Amendment, the Constitution took a socially progressive step by eliminating the privileges of past rulers to enhance equality.
• Increasing Lok Sabha Seats: As the population grows, the Constitution allows for the increase in the number of seats to ensure adequate representation.
• Basic Structure Doctrine: The landmark Keshvananda Bharti case and the subsequent development of the 'basic structure doctrine' illustrate the dynamic nature of the Constitution.

New Dimensions under Article 21

• Right to Privacy: The Supreme Court, in the Justice K.S. Puttaswamy (Retd.) vs Union of India case (2017), affirmed the right to privacy as intrinsic to Article 21.
• Right to Shelter: Recognized as a right in the Rajesh Yadav vs State of UP case, where the Court emphasized the state's duty to provide house sites to residents.
• Transgenders Rights: Established in the NALSA vs Union of India case (2014), reaffirming their rights to liberty, dignity, and freedom from discrimination.
• Right to Die with Dignity: In the Common Cause vs Union of India judgment, the Supreme Court legalized physician-assisted suicide (PAS), stating it is included in Article 21.

The Constitution has adapted over time through various amendments, and the expanding horizons of the 'right to life and personal liberty' under Article 21 exemplify the progressive nature of the Indian Constitution.

Q7: Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.
Ans: Since the rise of the feminist movement in the late 18th century, awareness and sensitivity towards gender issues have progressed significantly. India's historical consciousness about gender sensitivity has been reflected in its Constitution.

Constitutional Provisions:

• Article 14: Considers citizens equal before the law.
• Article 15: Prohibits discrimination, including on the basis of 'sex'.
• Article 16: Provides equal opportunities in employment.
• Article 39: Expresses the state's commitment to equal pay for women.
• Article 42: Requires the state to ensure just and humane working conditions and maternity relief.

Case Laws:

• Mary Roy v. State of Kerala: Ensured equal rights for females and males in ancestral property succession.
• Lata Singh v. State of Uttar Pradesh: Affirmed a girl's right to marry a person of her choice.
• Laxmi v. Union of India: A Public Interest Litigation (PIL) by an acid attack survivor resulted in the declaration of acid as a poison, banning its sale. The Court also mandated that no hospital could refuse treatment to an acid attack victim.
• Shayara Bano v. Union of India: This landmark judgment declared triple talaq as against the right to equality under Article 14. It highlighted the lack of a woman's consent in the process of divorce.

The legal and judicial perspective in India emphasizes the equalization of the gender landscape, ensuring equal opportunities and gender justice in the population.

Q8: Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s.
Ans: Article 356, commonly known as President’s Rule, grants the union the authority to directly control state machinery under certain circumstances, where it deems the state incapable of functioning normally according to the Constitution. Although initially considered a seldom-used provision, Article 356 has been invoked over 100 times in the past. However, its recent application has significantly decreased due to various political and legal factors.

Factors for reduced frequency:

• S.R Bommai Case: This landmark case introduced challenges to the application of Article 356. It subjected the use of the article to judicial review, requiring 'material evidence' to justify the imposition of President’s Rule. Moreover, it granted the Court the authority to reinstate the state legislature if dissatisfied with the reasons for invoking the article in a state.
• Inter-State Councils: The establishment of these councils fostered a more cooperative relationship between the state and the center.
• Coalition Politics: The emergence of coalition politics compelled central parties to be more accommodating to regional parties, which held significant influence.
• Rise of Regional Parties: The ascendance of strong regional political parties made it increasingly challenging for the union government to misuse Article 356.

The diminished use of Article 356, influenced by various political and legal considerations, has contributed to India evolving into a healthier and more federal democracy.

Q9: Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism?
Ans: The streamlining of the indirect tax system was accomplished through the introduction of the 'Goods and Services Tax' (GST) by the 101st Constitutional Amendment Act. GST amalgamated diverse taxes on goods and services into a single tax, simplifying the taxation process across the supply chain.

Significance of the Act:

• Subsumed Various Indirect Taxes: GST unified all taxes, including service tax and excise tax, thereby harmonizing taxation in India.
• Reduced Compliance Burden: Tax calculation has become more straightforward under the GST regime, alleviating the burden of compliance.
• Simplifying Tax Administration: The GST system significantly reduced redundancies and efforts duplication, simplifying the overall taxation process.
• Increased Ease of Doing Business: The once cumbersome process of taxation in certain states and for specific types has been transitioned online, enhancing the ease of doing business.
• Cascading Effect of Taxes: The practice of levying tax at every stage of production, resulting in taxing a taxed product, has been eliminated.
• Destination-based Taxation: In contrast to Value Added Tax (VAT), which used to be charged at the instance of manufacturing or selling, GST operates as a destination-based taxation system.

The Act and Federalism:

• The Act included a provision for compensating states for any losses incurred due to the implementation of GST.
• The GST Council, comprising members from both the Centre and the States, makes decisions based on consensus, reinforcing cooperative federalism.
• Increased revenue from GST has provided more finances for both the Union and state governments, supporting infrastructure development.
• Inter-state trade barriers have been significantly reduced by GST, allowing businesses to operate across the country with much less hassle.

The implementation of the Goods and Services Tax through the 101st Constitution Amendment Act has greatly contributed to the ease of doing business across states. The increased revenue for states and the Union government allows for the strengthening of federalism in the country with the objective of 'one nation, one tax.'

Q10: Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of Indian Parliament?
Ans: Parliamentary Committees serve as a valuable tool designed to streamline parliamentary proceedings, save time on the Parliament floor, and ensure effective policy formulation by incorporating expert opinions and dedicated consideration of matters of national interest.

Types of Parliamentary Committees:

• Standing Committees: Permanent bodies constituted annually. The six major types include Financial Committees, Departmental Standing Committees, Committees to Enquire, Committees to Scrutinise and Control, Committees Relating to the Day-to-Day Business of the House, and House-Keeping Committees or Service Committees.
• Ad Hoc Committees: Temporary committees created for specific tasks. The two categories under it are 'Inquiry Committees' and 'Advisory Committees'.

Financial Committees and Institutionalisation of Parliament:
Three distinctive financial committees perform specific tasks:

• Estimates Committee: Assesses expenditure efficiency, suggests policy changes, and is known as a continuous economy committee. It ensures proper allocation of funds as per policy requirements and suggests the presentation format of estimates to Parliament.
• Committee on Public Undertaking: Assesses the performance of public undertakings, ensuring efficiency and autonomy. It holds an advisory role, not delving into day-to-day technical matters.
• The Public Accounts Committee (PAC): Examines public expenditure technically and economically, audits the Comptroller and Auditor General (CAG) report, ensures financial accountability, and scrutinizes government schemes and projects, such as the 2G spectrum allocation.

The significance of the financial committees lies in their contribution to the proper functioning and institutionalization of Parliament. These committees, over time, have played a crucial role in establishing financial prudence, accountability, and transparency in government financial matters.

Q11: Discuss the role of the Competition Commission of India in containing the abuse of dominant position by the Multi-National Corporations in India. (Governance)
Ans: Established in 2009, the Competition Commission of India (CCI) is tasked with enforcing the Competition Act to scrutinize and prevent anti-competitive agreements or practices that might disrupt a fair competitive environment in the market.

Roles and Functions of CCI

• Penalization: CCI penalizes corporations involved in unscrupulous activities to discourage anti-competitive behavior. For instance, Google faced penalties from CCI for imposing discriminatory sales conditions.
• Promoting Fair Competition: CCI ensures fair and healthy competition among market players, fostering steady and inclusive economic growth.
• Resource Utilization: The implementation of policies by CCI aims at the effective utilization of resources in the market.
• Preventing Monopolistic Tendencies: CCI acts to deter monopolistic tendencies of multinational corporations in resource acquisition and market expansion.
• Monitoring Mergers and Acquisitions: CCI keeps a check on unscrupulous mergers and acquisitions that may impede fair competition.

Having adjudicated over 1200 cases with an 89% disposal rate and overseeing more than 900 mergers and acquisitions, the Competition Commission of India plays a vital role in maintaining stable and healthy price points, ensuring a variety of choices for consumers, and contributing to overall economic growth.

Q12: 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? (Governance)
Ans: e-Governance leverages information and communication technology extensively, aiming for smart governance with improved transparency, accountability, and faster response times.

Benefits of e-Governance:

• Enhanced Effectiveness: Reduction in operational costs and increased accessibility contribute to the overall effectiveness of governance.
• Transparency: Most government applications and processes are now traceable online, reducing the scope for corrupt practices.
• Accountability: Real-time tracking of files and ongoing projects has heightened the accountability of officials.

Inadequacies in e-Governance:

• Limited Coverage: Inadequate coverage in rural and remote areas leads to the exclusion of various societal groups.
• Downtime: Technical issues like poor internet connectivity, power cuts, and server failures can cause downtime, impacting the effectiveness of e-governance systems.
• Privacy Concerns: Internet usage poses privacy concerns due to susceptibility to hacking and unauthorized access.
• Cost and Infrastructure Maintenance: Regular hardware and software upgrades incur recurring maintenance costs.
• Accessibility: Establishing communication to reach the last person becomes challenging when digital literacy is low among the masses.

While e-Governance brings significant benefits to society, it's essential to consider these inadequacies to ensure equitable availability across society.

Q13: 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. (Social Justice)
Ans: The Significance of Human Resource Development in National Progress
Human resources play a pivotal role in the advancement of a nation. Insufficient emphasis on this aspect of development has led to a significantly undertrained population, facing challenges in tapping into professional opportunities and other associated issues.

Strategies to Address Shortcomings

• Education: Adequate investment in education, aiming for 6% of GDP as proposed in the New Economic Policy, promises substantial returns. Accessible scholarships and various government programs further contribute to this goal.
• Skill Development: Enhancing vocational skills and providing opportunities for upskilling are crucial for boosting employability. For instance, Bangladesh's successful skilling initiatives significantly contributed to their GDP growth. The Skill India initiative is a commendable effort that requires alignment with industry needs.
• Healthcare: Prioritizing the availability of medicines, efficient hospital functioning, and overall healthcare accessibility for the entire population, as exemplified by schemes like Ayushman Bharat, is essential.
• Gender Sensitivity: Implementing gender-sensitive schemes such as 'Beti Bachao, Beti Padhao' is imperative for cultivating a well-rounded human resource pool.

While India boasts a developing status with a young and dynamic population, neglecting adequate development efforts may lead to a missed opportunity for a substantial demographic dividend.

Q14: Discuss the contribution of civil society groups for women’s effective and meaningful participation and representation in state legislatures in India. (Social Justice)
Ans: Civil society refers to communities and groups operating independently of the government, offering support and advocacy for specific individuals or issues in society. These groups operate behind the scenes, influencing policy-making, especially in a vast nation like India, where voluntary citizen groups play a crucial role in bringing about significant changes.

Contributions:

• Raising Awareness: Civil society groups have undertaken initiatives to educate the masses in smaller settings, building essential awareness at the grassroots level. One example is the '50% reservation' campaign.
• Policy Changes: These organizations exert pressure through advocacy groups to impact legislative decision-making. They also engage in research and data collection to identify key problem areas and address them specifically.
• Capacity Building: Civil groups offer training to women, assisting them in developing the necessary skills for active participation in the legislative process. Additionally, these groups create platforms for women leaders to collaborate and strategize for increased political involvement.

Therefore, the influence of civil society groups on India's legislative process is significant. The recent passage of the 'Women Reservation Bill, 2023' stands as evidence of the positive impact these civil groups have on the nation.

Q15: Skill development programmes have succeeded in increasing human resources supply to various sectors. In the context of the statement, analyse the linkages between education, skill and employment. (Social Justice)
Ans: Education, skill, and employment are three interconnected activities that are essential for individuals and imperative for nation-building.

Linkages between education, skill, and employment:

• Education: Serves as the foundational step for a civilized life, crucial for an individual's comprehensive development, providing the basis for gaining rightful employment.
• Basic and higher education: Play distinct roles in equipping individuals with a knowledge base, upon which they can acquire specialized knowledge for a profession.
• Skill development: Involves acquiring necessary vocational or technical skills directly applicable in an industry, leading to successful employment. For instance, obtaining a C++ certification can enhance employability.
• Soft skills: A subset of skills essential in the modern job market, emphasizing interpersonal and communication abilities.
• Skill development's broader impact: Extends beyond employment, potentially leading to entrepreneurship, allowing individuals to create jobs.
• Employment: The ultimate goal of education and skill development, crucial for national growth and serving as a vital economic indicator. Improved employment prospects indicate higher growth potential for the nation.
• Training and upskilling: Both education and skill development adequately prepare individuals for employment. Companies often follow a trend of upskilling hired personnel to enhance their job performance.
• Skill development programs: Initiatives like Pradhan Mantri Kaushal Vikas Yojana and National Skill Development Mission have successfully increased the supply of skilled workers to various sectors, addressing the industry's human resources needs.

Q16: “Development and welfare schemes for the vulnerable, by its nature, are discriminatory in approach.” Do you agree? Give reasons for your answer. ‘(Social Justice)
Ans: Since the initiation of the 1st five-year plan, the government has implemented numerous welfare schemes aimed at assisting vulnerable sections of society. While these schemes bring benefits to specific groups, opposition and protests against them are not uncommon.

The Concept of Positive Discrimination:

Positive discrimination involves providing benefits to particular sections of society based on a history of discrimination against them. For instance, offering reservations to Scheduled Castes and Scheduled Tribes as compensation for the inhumane treatment they endured in the past. This approach prioritizes 'Equity' over 'Equality,' recognizing the varied requirements of groups to achieve a certain standard of living.

Why It Is Needed

• Past disadvantages have left certain communities so deprived that without affirmative action, enhancing their social, educational, political, and economic levels is challenging.
• Geographical differences in India necessitate additional benefits for specific locations, as seen in schemes like the Northeast Special Infrastructure Development Scheme (NESIDS).
• Long-standing gender inequalities, marked by issues like female infanticide and child marriage, require targeted schemes such as Beti Bachao, Beti Padhao, and Kishori Shakti Yojna.
• Economic disparities rooted in the caste system make it challenging for disadvantaged groups to escape deep economic hardships. Dedicated economic upliftment plans, like Jan Dhan Yojna and merit-based scholarships for SC/ST students, are essential.

While it is accurate that welfare schemes for the vulnerable exhibit a discriminatory nature, it's crucial to acknowledge that this 'positive discrimination' aims to redress decades of injustice against them.

Q17: Skill development programmes have succeeded in increasing human resources supply to various sectors. In the context of the statement, analyse the linkages between education, skill and employment. (Social Justice)
Ans: Education, skill, and employment are three interconnected activities that are essential for individuals and imperative for nation-building.

Linkages between education, skill, and employment:

• Education: Serves as the foundational step for a civilized life, crucial for an individual's comprehensive development, providing the basis for gaining rightful employment.
• Basic and higher education: Play distinct roles in equipping individuals with a knowledge base, upon which they can acquire specialized knowledge for a profession.
• Skill development: Involves acquiring necessary vocational or technical skills directly applicable in an industry, leading to successful employment. For instance, obtaining a C++ certification can enhance employability.
• Soft skills: A subset of skills essential in the modern job market, emphasizing interpersonal and communication abilities.
• Skill development's broader impact: Extends beyond employment, potentially leading to entrepreneurship, allowing individuals to create jobs.
• Employment: The ultimate goal of education and skill development, crucial for national growth and serving as a vital economic indicator. Improved employment prospects indicate higher growth potential for the nation.
• Training and upskilling: Both education and skill development adequately prepare individuals for employment. Companies often follow a trend of upskilling hired personnel to enhance their job performance.
• Skill development programs: Initiatives like Pradhan Mantri Kaushal Vikas Yojana and National Skill Development Mission have successfully increased the supply of skilled workers to various sectors, addressing the industry's human resources needs.