GS Paper - II Model Answers (2023) - 2 | UPSC Mains Answer Writing: Practice PDF Download

Question 11: “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. (250 words, 15 marks)
Ans:

Introduction
The Indian constitution serves as a foundational document that encapsulates the hopes and values of the Indian populace. It aspires to facilitate a societal transformation where, rather than remaining static, it evolves into a dynamic document that continually broadens its horizons to encompass new facets of human rights. The development of Article 21 stands as the most fitting illustration of this principle.

Doctrine of Harmonious Construction
Apex court established harmonious relationship between Fundamental Rights (Part 3) and DPSP (Part 4) to establish correct interpretation of both parts. By this court has balanced the individual good of society with collective good of the society.
Ex. Sarla Mudgal Case - Court upheld Article 44 (Uniform Civil Code) to be in harmony with Article 25 and Article 26 and directing state to legislate a law enforcing Uniform Civil Code.

Doctrine of Essential Practice
Court established State will protect only core and essential religious practices under Art 25 and in this way, it balanced individual rights with religious rights.
Ex. Instant triple talaq and Sabarimala Temple customs were discontinued.

Introduction of Gst Regime
Indian federal relations transformed from stronger Union to better federal balance to enable "cooperative federalism" in financial administration.
Ex. Creation of GST council

This Dynamism is Further Visible in Expansion of Article 21

• Maneka Gandhi Case (1978): Apex court introduced the concept of "procedure established by law" to "procedural due process of law,". Now the procedure of the law will need to be just fair and reasonable.
• Right to education as a fundamental right (Article 21 A) 
•  Recognition of Right to privacy in Puttaswamy judgement (2017)
• Right to die with dignity: Common cause case (2018) legalising passive euthanasia under Article 21.
• Recognition of LGBTQ rights: Navtej Johar case (2018)
• Subhash Kumar vs. the State of Bihar: Apex court included the right to get pollution-free air in the ambit of the right to life. (1991)

Conclusion
Article 21 is not confined to mere survival; it also encompasses the right to live with human dignity and includes elements of life that contribute to the meaningfulness, completeness, and worthiness of a person's existence. Personal Liberty within Article 21 is of the broadest scope, encompassing an ever-expanding array of rights that constitute an individual's personal freedoms.

Question 12: Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws. (250 words, 15 marks)
Ans:
Introduction
The architects of the Indian Constitution were conscious of the unjust and prejudiced status of women in society. Consequently, they placed significant emphasis on ensuring that the state proactively undertook measures to secure gender equality.

Constitutional Perspective

Social Safeguards:

• Article 15(3) states that State can make special provision planning for women.
• Article 23 establishes the right to equality, as well as special provisions, such as the prohibition of discrimination based on religion, colour, sex, or other factors, as well as the prohibition of exploitation.

Political Safeguards:

• Article 243D of the Constitution of India provides for not less than one-third reservation for women.

Economic Safeguards:

• Article 16 (2) prohibits discrimination in employment or appointment to any state office based solely on religion, race, caste, sex, or other factors.
• Articles 39(d) and 41 of Constitution recognized the principles of "Equal Pay for Equal Work" for men and women, as well as the "Right to Work."

Court Laws:

• Laxmi vs UOI: The court instructed the Governments at both levels to prohibit the unauthorised sale of acids across the nation. This decision paved the way to enforce harsher punishments for people involved in such crimes.
• Vishakha vs UOI: The court gave Vishakha guidelines that resulted into Prevention of Sexual harassments at workplace
• Vineeta Sharma vs. Rakesh Sharma: Daughters will have equal coparcenary rights in the Hindu Undivided Family by their birth and cannot be excluded from inheritance irrespective of whether they were born before the amendment of 2005 to the Hindu Succession Act, 1956.

Question 13: Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s. (250 words, 15 marks)

Ans:

Introduction
Article 356 of the constitution stipulates that if, upon receiving a report from the State Governor or through other means, the President becomes convinced that a situation has emerged in which the State government cannot be continued in accordance with the Constitution's provisions, the President may invoke President's Rule in the state.

Dr. Ambedkar had observed that Article 356 would remain a 'dead letter' as he believed that Union and States will function harmoniously under the constitution. But unfortunately, Article 356 has been invoked more than 100 times and has been often subjected to political abuse. But due to several legal and political factors its frequency has drastically reduced.

Legal Factors

1. SR Bommai case (1994) Judgement
   • Decision to impose president's rule was subjected to judicial review.
   • President's satisfaction has to be based on objective material and court will review the objective material to establish whether grounds were sufficient or not.
   • The power of dissolving the Legislative Assembly shall be exercised only after the Proclamation is approved by both Houses of Parliament. Until such approval, the President can only suspend the Legislative Assembly.
   • If the court strikes down the Proclamation, it has the power to restore the dismissed Government and revive the Legislative Assembly wherever it may have been dissolved or kept under suspension.
   • By this the Court put an end to the arbitrary dismissal of State governments under Article 356. Ex. Former President K.R. Narayan returned the cabinet's recommendation in 1997, to impose President's Rule in the State of U.P.
2. Rameshwar Prasad Vs Union of India (2006)
   • Power under Article 356 is an emergency power and not the absolute power. This interpretation has limited the arbitrariness in imposition of Article 356.

Political Factors

• Rise of Coalition Politics: National Parties at the union needed support of regional parties (in power at the states) to maintain majority.
• Political alliances and break ups were occurring across parties as such National parties were accommodative towards regional parties in hope for future alliances. 
• Aware Citizenry & Media: Rise in awareness due to greater political awareness due to technology and rise of media
• Cooperative Federalism: LPG reforms and attracting global investment required a stable political set up at the states
• Union appreciating the role of States in meeting national planed targets.

Conclusion
In the context of the 'federalism' issue, the Supreme Court, in the Bommai case, ruled that the Constitution of India establishes a federal system with a center-oriented bias. However, within their allocated spheres, the States wield supreme authority. The federal structure of the Indian state is an integral and fundamental component of the Indian Constitution.

Question 14: Discuss the contribution of civil society groups for women's effective and meaningful participation and representation in state legislatures in India. (250 words, 15 marks)
Ans:

Introduction
In a nutshell, civil society organizations (CSOs) in India are dedicated to addressing the gender disparity within the political landscape. These CSOs, encompassing community-based groups, non-governmental organizations (NGOs), and even political parties, are wholeheartedly engaged in efforts to amplify women's presence and engagement within state legislatures. Presently, India's global ranking in terms of women's representation in politics stands at 147th out of 193 countries, with women accounting for just 14.3% of Parliament. This underrepresentation is even more pronounced in state legislatures.

For Representation:

• National Alliance for Women (NAWO) formulated the Women's Manifesto in 1996, demanding reserved seats for women in state legislatures and Parliament.
• In Assam, a coalition of five women-led NGOs published Women's Manifesto-21, advocating for women's reservations in elected bodies. 
• NGOs like Bharat Jagruthi, founded by K. Kavitha, actively promote the passage of the Women's Reservation Bill. Women's wings of political parties, such as Mahila Congress (INC) and Bharatiya Mahila Morcha (BJP), play pivotal roles in mainstreaming women's issues within their parties.
• However, some regional parties like Samajwadi Party etc. advocate for special quotas for OBC females.
• Research studies by NGOs have helped to bring the issue of under-representation of women to the light. Ex. ADR's National Election Watch.

Effective participation

• CSOs also emphasize the importance of quality representation, not just quantity.
• They work to increase the pipeline of women leaders at the local level through organizations like Mahila Rajsatta Andolan.
• Capacity-building and training initiatives like Women's Democracy Network and Femme First Foundation prepare women for greater participation in public life by providing training and mentorship to enhance their political leadership skills.
• Organizations like Khabar Lahariya and Writing with Fire raise awareness of women's issues and highlight gender-related concerns and champions.

Conclusion
To summarize, Indian civil society organizations are actively advocating for increased representation and meaningful involvement of women in the realm of politics. Their initiatives encompass a wide spectrum of activities, ranging from advocating for legislative reforms to offering capacity-building and mentorship programs, all with the overarching objective of promoting gender empowerment and ensuring that women's voices resonate effectively in the political arena.

Question 15: Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism? (250 words, 15 marks)
Ans:

Introduction
The implementation of the GST Tax in India, facilitated by the 101st Constitution Amendment Act of 2016, signifies a shift to a destination-based, indirect tax system that has streamlined and replaced the previous convoluted, cascading structure of multiple indirect taxes, previously levied separately by both the central and state governments.
Significance of 101st Constitution Amendment

• Simplified tax structure: GST has simplified India's complex tax structure by replacing multiple indirect taxes with a single, unified tax enhancing ease of doing business.
• Foundation of unified national market: GST created a unified national market by eliminating cascading taxes and other trade barriers between states boosting inter-state trade and commerce.
• Increased tax revenue: GST has boosted domestic tax revenue for both central and state governments. Higher tax buoyancy from GST will help fund domestic social and infrastructure projects.
• Progressive tax: Since GST will destination-based tax it is expected to boost revenues for consumerist states which do not have a manufacturing base. Ex. UP, Bihar etc.
• Revenue guarantee: Centre introduced a GST Compensation mechanism guaranteeing 14% revenue buoyancy to states from their base year.
• GST Council: It is a constitutional body which has representation of both Centre and States economic ministries, which can serve as a model

GST and accommodative spirit of federalism

1. Consensus building:
   • GST was introduced after thorough consultation and bargaining between Centre and States wherein Centre and States both let go of their exclusive powers of taxation and agreed for a unified tax structure covering both goods and services.
   • Centre guaranteed states clear revenue visibility to address their concerns during the initial years of GST. 14% revenue jump.
2. Revenue and adjudication sharing: GST revenue and adjudication is shared in a pre-defined formula between centre and states. This allows mutual trust and predictable relations between centre and states. 
3. GST Council: It is a constitutional body with joint representation from Centre and States revenue ministers which takes all important decisions for GST giving both centre and states a say in implementation of GST. All decisions of GST council have taken place by consensus despite mechanism of voting reflecting the trust of centre and states in addressing differences. Despite SC observing that decisions of GST Council are not binding on Parliament and State legislatures, all decisions of GST council have been implemented by Central and state governments.

However, some concerns against federal spirit with GST regime are:

• Central government has disproportionate voting share effectively enjoying veto on all decisions.
• Central government's move back on compensation mechanism is hurting states.
• Central government usually sets the agenda for GST Council.

Conclusion
Nevertheless, notwithstanding some reservations, the GST represents a significant development in India's economic federalism and stands as a potential model that can be replicated in other sectors like healthcare and education, ultimately bolstering the broader federal framework of the Indian Constitution.

Question 16: Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of Indian Parliament? (250 words, 15 marks)
Ans:

Introduction
The Indian constitution references committees in various instances, but it does not offer detailed guidelines regarding their structure, duration, or roles.

Parliamentary committees are broadly two types -

• Standing committees
  • Financial committee:
    (a) Public Accounts Committee: It consists of 22 members (15 from Lok Sabha and 7 from Rajya Sabha)
    (b) Estimates Committee: All the 30 members are from Lok Sabha only.
    (c) Committee on Public Undertakings It consists of 22 members (15 from Lok Sabha 7 from Rajya Sabha)
  • Departmental Standing Committees: There are a total of 24 Departmental Standing Committees: 8 under Rajya Sabha and 16 under Lok Sabha.
  • Committees to inquire includes committee on Petitions, Committee on privilege and Ethics committee.
  • Committee to scrutinise and control includes 6 types of committees like committee on women empowerment and SC/ST empowerment.
  • Committee on Day-to-day business includes Business advisory committee, Rules committee etc.
• Ad hoc committees: These committees can be divided into two categories; they are temporary in nature.
  • Inquiry committees
  • Advisory committees

Institutionalisation by Financial Committee:

• Establishing Financial accountability: Ex PAC Highlighted corrupt practices were followed in awarding several contracts in commonwealth games. 
• Increasing financial efficiency: Ex: Estimate committee noted High extraction cost involved in mining makes it unviable as compared to imported uranium.
• Checking delay in Projects: Committee on Public Undertaking recommended that no project should be initiated unless 80% of land is already acquired by NHAI, and the required environmental and forest clearances are obtained.
• Bringing Opposition in discussion through the representation in PAC and Estimate committee.

Challenges:

• It examines the expenditure which has already been done by the Government.
• The committees have no power to limit the expenses. The recommendations are advisory in nature and are not binding on the Government.
• They do not have mandate to examine the policy in the broader sense.
• Usually, the PAC members are generalists, and CAG's reports require independent expert evaluation in the simplest of terms.

Conclusion
NCRWC has proposed that significant reports from all Committees be subject to parliamentary discussion, particularly in situations where there is a difference of opinion between a committee and the government. The suggestions made by the PACs should be given more significant consideration and they should be regarded as the custodians of the nation's financial conscience.

Question 17: "Development and welfare schemes for the vulnerable, by its nature, are discriminatory in approach." Do you agree? Give reasons for your answer. (250 words and 15 marks)
Ans:

Introduction
Development and welfare programs in India, as guided by the Directive Principles of State Policy (DPSP) embedded in the Constitution, aspire to establish a welfare state that uplifts marginalized communities, such as women, Scheduled Castes (SCs), Scheduled Tribes (STs), minorities, and the elderly. These initiatives aim to foster inclusivity and rectify long-standing socio-economic disparities.

Some aspects of welfare schemes can be perceived as discriminatory, which are as follows:

• Targeting Specific Groups: Many welfare schemes focus on specific vulnerable groups, such as Pradhan Mantri Adarsh Gram Yojana's emphasis on villages with over 50% SC population. While this targeting addresses specific needs, it can inadvertently exclude others.
• Resource Allocation: Limited resources may prioritize certain groups, leaving others underserved. Nutrition programs that prioritize children and seniors might leave working-age adults without sufficient support.
• Exclusionary Criteria: Strict eligibility criteria, such as income-based parameters, may exclude individuals slightly above the threshold but still facing financial precarity.
• Gender Stereotypes: Some schemes inadvertently perpetuate gender stereotypes, like PM Ujjawala Yojana implying that only women should cook.

However, it is important acknowledge their contribution for the welfare of vulnerable sections:

• Upholding the Constitution: The Constitution of India, through DPSP and the Preamble, seeks to establish a welfare state (Article 38, 39A, 41,42, 43). These schemes align with constitutional ideals.
• Social Upliftment: India's Human Development Index (HDI) ranking indicates the necessity of uplifting marginalized groups and the welfare schemes aim to free vulnerable sections from marginalization and backwardness.
• Inclusive Development: Programs like Beti Bachao Beti Padhao, Janani Suraksha Yojana, and POSHAN are designed for inclusive development and reducing disparities.

Conclusion
The perception of discrimination within these programs hinges on the specific context. While they may appear to have certain discriminatory elements, their primary objective is often to address particular vulnerabilities and reduce inequality. However, by implementing inclusive policies, establishing mechanisms for addressing grievances, and incorporating sunset clauses to periodically evaluate and adapt these programs, any biases can be eliminated, ultimately advancing the principle of "Sabka Saath Sabka Vikas."

Question 18: 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. (250 words, 15 marks)
Ans:

Introduction
The connections between education, skill development, and employment in India present a multifaceted and ever-changing scenario. Skill development acts as a bridge between traditional educational qualifications and industry-specific capabilities, thereby augmenting employability and productivity. While initiatives such as the Skill India Mission and SANKALP have significantly reshaped the landscape of skill development, challenges persist in effectively translating education and skills into employment opportunities.

• Educational Foundation for Skill Development: Education serves as the initial stepping stone for skill development and employment. Educational institutions offer the fundamental knowledge necessary to comprehend complex subjects. Nevertheless, targeted vocational and technical skills training, such as the integration of Vocational Training Centers into components of the Rashtriya Madhyamik Shiksha Abhiyan within the framework of Samagra Shiksha Abhiyan, provides specialized skill development programs.
• Skill Development Leading to Employment: Once individuals receive training, they become significantly more employable. For instance, the Pradhan Mantri Kaushal Vikas Yojana (PMKVY) in India has imparted specialized skills training to over 1.2 million youths, achieving an employment placement rate of approximately 70% according to reports up to 2020. These individuals subsequently contribute to sectors that previously faced a shortage of skilled workers, enhancing the efficiency and global competitiveness of these industries.
• Education Preparing for Employment: Traditional education often lacks the practical elements necessary for job readiness. In this context, platforms like Internshala or apprenticeship programs under the National Apprenticeship Promotion Scheme (NAPS) come into play. They provide a setting where theoretical knowledge can be put to the test and applied in real-world situations, facilitating a seamless transition from education to employment.
• Feedback Mechanism: Employers, in collaboration with educational institutions and skill development programs, can play a vital role in updating curricula to align with industry demands. Industry-led Skill Set Councils operating under the PMKVY serve as the link between the industry and the National Skill Development Corporation in the implementation of the Skill India Scheme.

Conclusion
To reinforce these connections, the Government of India established the Ministry of Skill Development and Entrepreneurship in 2015, along with a unified Labor Management Information System, to ensure coordination among more than 20 ministries engaged in education and skill development, addressing any existing concerns. Ongoing efforts are dedicated to realizing the full potential of India's demographic dividend.

Question19: The expansion and strengthening of NATO and a stronger US-Europe strategic partnership works well for India. What is your opinion about this statement? Give reasons and examples to support your answer. (250 words, 15 marks)
Ans:

Introduction
The ongoing conflict between Russia and Ukraine has not only seen the expansion of NATO but has also resulted in the revitalization of Trans-Atlantic cooperation and the reinvigoration of Western unity, with American leadership playing a pivotal role in this resurgence. This revival holds broader geopolitical implications, including calls for the further enlargement of NATO and NATO Plus, potentially extending its influence into the Asian continent. Nevertheless, this strengthening will bring about both positive and negative consequences for India.

Positive Effects

• Countering China: The resurgence of relations contradicts the unilateral strategies pursued by assertive nations like China, which has disputed claims with India, ultimately benefiting India.
• Promoting Security and Stability: It contributes to regional and global security, which will inevitably benefit India and extend beyond conflicts in Europe.
• New Multilateral Engagement: The establishment of the India-Middle East-Europe economic corridor exemplifies a close alignment in geo-economics and geopolitics (contrasting with the Belt and Road Initiative) made possible through this newfound camaraderie.
• Engaging with Iran: The amicable relations between the US and Europe are expected to ease US sanctions on Iran (thanks to independent efforts by European countries), which will have a positive impact on India and its initiatives with Iran, such as the Chabahar Port and the advancement of the regional INSTC corridor.
• Economic Stability: This resurgence has contributed to relative economic stability on both regional and global fronts (stabilizing oil prices), which is advantageous for India's trade and investment opportunities.

Negative Effects

• Russia-China Partnership: The close collaboration between the US and Europe has brought Russia and China, both facing isolation, closer together, potentially leading to the formation of an Alliance of Autocracies.
• India-Russia Relations: As India aligns more closely with the US and the West, its already strained and one-dimensional relations with Russia may deteriorate further.
• The Quint Grouping: There have been demands from countries like Iran, Turkey, and Russia, opposing the unilateral dominance of global affairs by the US.
• India-China Relations: India's close alliance with the US and the absence of a formal meeting mechanism (following the Galwan clash) are likely to escalate tensions between the two neighboring countries.
• Strategic Autonomy and Multilateral Diplomacy: India's alignment with major powers could undermine its strategic autonomy and its vision of a multipolar world.

Conclusion
Hence, India should recognize that it remains in a state of development as a middle power and must effectively manage external challenges, harness the potential of competing power centers, and secure advantages for itself.

Question 20: ‘Sea is an important component of the Cosmos’. Discuss in the light of the above statement the role of the IMO (International Maritime Organisation) in protecting environment and enhancing maritime safety and security. (250 words, 15 marks)
Ans:

Introduction
The International Maritime Organization, a specialized United Nations agency, is tasked with implementing measures to enhance the safety and security of international shipping and to mitigate ship-based pollution.

IMOs role in protecting environment:

• A new legally binding international instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, known as 'BBNJ' was agreed in 2023.
• It led to the International Convention for the Prevention of Pollution from Ships that prevents pollution from ships by oil, by bulk chemicals, by packaged goods, by sewage and garbage& regulate air pollution and emissions from ships.
• Special areas and Particularly Sensitive Sea Areas are designated to ensure higher levels of protection from shipping activities such as UNESCO World Heritage Marine Sites like Great Barrier Reef.
• Polar waters benefit from special measures under the IMO Polar Code for ships operating in both Antarctic and Arctic waters.

IMOs role in enhancing maritime security:

• The SOLAS Convention led by IMO is ensures safety of merchant ships. It specifies minimum standards for the construction, equipment and operation of ships, compatible with their safety.
• The Djibouti Code of Conduct to support the repression of piracy and armed robbery against ships in the Western Indian Ocean and the Gulf of Aden. It also includes organized crime, maritime terrorism, human trafficking, and IUU fishing.
• IMO's International Ship and Port Facility Security Code is a mandatory instrument for all countries Party to the Convention, post 9/11. It allows ships and port facilities to co-operate by detecting and deter acts which pose a threat to maritime security. 
• The Suppression of Unlawful Acts of IMO provide the international legal framework against unlawful acts against ships such as seizure of ships by force.
• It is currently ongoing development of a Code for maritime autonomous surface ships.

Conclusion
The ocean is an essential celestial component, nurturing life and necessitating preservation. Protecting its ecosystem is crucial for maintaining ecological equilibrium and upholding maritime security to foster global harmony.