Q11: Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (Answer in 250 words)
Ans: Delhi's Administrative Structure and the Role of Lt. Governor - A Legal Perspective
The Background:
Supreme Court's Ruling:
L-G's Role:
Analysis of the Judgment:
Key Concern:
L-G's Role and Presidential Authority:
In conclusion, the Supreme Court's judgment clarified the powers of the Delhi government and the Lt. Governor but left a critical issue concerning Article 239AA (4) unaddressed. The practical application of this provision may lead to potential political conflicts in the future, highlighting the need for a more precise framework for governance in the National Capital Territory of Delhi.
Q12: How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India.(Answer in 250 words)
Ans:
Introduction: Tribunals, specialized legal bodies, were introduced into the Indian Constitution through the Constitution (Forty-second Amendment) Act, 1976, under Part XIV-A. This addition included Article 323-A (pertaining to administrative tribunals) and Article 323-B (related to tribunals for various other matters). These tribunals were established to alleviate the judicial workload and enhance expertise and swiftness in resolving disputes. While they have played a crucial role in dispute resolution, concerns have arisen regarding the separation of powers and the potential encroachment on the judiciary's authority, primarily under the guise of Article 50.
The Significance of Tribunals:
Addressing Judicial Overload: Tribunals serve to significantly reduce the burden on the entire spectrum of courts, with examples such as the Central Administrative Tribunal, established in 1985, and the National Green Tribunal.
Expedited Dispute Resolution:
Ensuring Efficiency and Independence: Administrative tribunals such as the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SAT) are designed to maintain efficiency and independence.
Expertise in Specialized Matters:
Swift Resolution of Disputes:
Conclusion: In spite of concerns about the balance of power and potential executive influence, it is essential to view tribunals as valuable additions to the judicial landscape rather than as agents of the executive branch. In India's parliamentary governance, cooperation among different branches is necessary for efficient functioning. However, to avoid the concentration of excessive power in any one organ, a system of checks and balances is crucial. Over time, it has been realized that appointing retired judges and competent candidates who meet the qualifications set out by Parliament to serve on quasi-judicial tribunals has proven challenging. Therefore, it is imperative to initiate a comprehensive restructuring effort, akin to the National Judicial Appointments Commission (NJAC) act, aimed at developing a statutory framework that ensures the selection of eminent individuals to these positions. Further reforms are necessary to empower and strengthen the tribunal system, thereby promoting efficient and effective dispute resolution in India.
Q13: Indian and USA are two large democracies. Examine the basic tenets on which the two political systems are based. (Answer in 250 words)
Ans:
Introduction: The United States and India, each holding distinct claims to the title of the world's largest democracy, boast unique strengths—economic and demographic, respectively. Both nations exhibit commonalities in their national politics, characterized by federal structures in which states wield significant political and economic influence.
Common Features in National Politics:
Written Constitutions:
Bill of Rights and Fundamental Rights:
Supremacy of the Federal or Union Government:
Division of Labor and Separation of Powers:
Powers of Checks and Balances:
Conclusion: To fully harness the potential of their partnership, the United States and India must adapt to each other's distinctive operational philosophies. It is essential to identify areas of convergence that accommodate their divergent short-term priorities and operational approaches, particularly when working together to address global challenges. While the two nations may differ in their multilateral approaches on issues like trade and climate change, aligning their strategies and fostering cooperation will be vital for addressing contemporary global issues.
Q14: How is the Finance Commission of India constituted? What do you know about the terms of reference of the recently constituted Finance Commission? Discuss. (Answer in 250 words)
Ans:
Introduction: The Finance Commission is a vital institution in India's fiscal federalism landscape, acting as a constitutional, quasi-judicial, advisory body established under Article 280 of the Constitution. Its primary role is to provide recommendations on the allocation of tax revenues between the Union and the States, as well as among the States themselves. With the changing dynamics of Indian governance, including the transition away from the Planning Commission, the Finance Commission holds a prominent position in fostering cooperative, competitive, and fiscal federalism.
Role and Constitution of the Finance Commission:
Appointment and Qualifications:
15th Finance Commission:
Terms of Reference (ToR):
Contentious Issues and Constitutional Considerations:
Population Data Discrepancy:
Role of Article 275:
Fiscal Space Expansion:
Performance-Based Criteria:
Conclusion: As India transitions toward enhanced cooperative, competitive, and fiscal federalism, it is imperative for states to collaborate and resolve issues pertaining to the Finance Commission's Terms of Reference. These issues challenge the constitutional propriety and must be addressed to rectify vertical imbalances between the taxation powers and expenditure responsibilities of the Centre and the States. Ultimately, the Finance Commission plays a pivotal role in ensuring equitable provision of public services across all Indian states, aligning with the principles of fiscal federalism.
Q15: Assess the importance of the Panchayat system in India as a part of local government. Apart from government grants, what sources the Panchayats can look out for financing developmental projects?(Answer in 250 words)
Ans:
Introduction: India operates as a federal republic, characterized by a three-tiered system of government: central (union), state, and local. The constitutional amendments of the 73rd and 74th variety have bestowed recognition and safeguarded local government entities. In addition, each state within the nation has its own set of local government legislation, further emphasizing the significance of this administrative level. The local bodies, known as the Panchayati Raj Institutions (PRIs), are established through elections and operate at the village, block, and district levels.
Panchayati Raj Institutions (PRIs):
Sources of Finance:
The Path Forward:
Enhancing Local Infrastructure: Adequate funding must be allocated to address essential gaps in local infrastructure and other developmental needs.
Capacity Building: Efforts should focus on enhancing the capabilities of state Panchayat resource centers and district resource centers.
Supporting Key Initiatives: Strengthening initiatives like PESA (Panchayats Extension to Scheduled Areas) and the Rajiv Gandhi Panchayat Empowerment Program is crucial.
Devolution of Powers: The promotion of devolution of powers and responsibilities to Panchayats should be aligned with the principles of the Constitution and the PESA Act, enhancing their role in local governance.
Conclusion: Strengthening the Panchayati Raj system in India will fortify local governance at the grassroots level, bolstering accountability and expanding opportunities for public participation. As these institutions continue to evolve and play a vital role in rural development, it is essential to support their growth and ensure that they have the resources and authority required to fulfill their democratic functions effectively.
Q16: Multiplicity of various commissions for the vulnerable sections of the society leads to problems of overlapping jurisdiction and duplication of functions. Is it better to merge all commissions into an umbrella Human Rights Commission? Argue your case. (Answer in 250 words)
Ans:
Introduction: Vulnerable groups within society are those segments that could be adversely affected under unfavorable circumstances. In the context of India, these vulnerable groups encompass Women, Scheduled Castes (SC), Scheduled Tribes (ST), Children, and more. Safeguarding their interests and promoting their accelerated socioeconomic development is of paramount importance. To address these needs, various commissions have been established, including the National Commission for SCs, National Commission for STs, National Commission for Women, and National Commission for Child Rights, either through constitutional provisions or statutory measures. However, this has sometimes resulted in issues related to overlapping jurisdiction and functions.
Challenges of Multiple Commissions:
Pros of Integration into a Unified Human Rights Commission:
Efficient Resource Utilization:
Consistency in Judgments: Vulnerable groups would not receive conflicting judgments from different commissions, as many of these commissions possess the power of a civil court.
Holistic Solutions: Vulnerable groups, such as women and children, often face interconnected issues. A unified commission would enable the development of holistic solutions.
Cons of Merging Commissions:
Overburdened Human Rights Commission: Consolidating all functions into a Human Rights Commission might overburden the institution.
Centralization Challenges: Centralization may make it challenging to hold someone accountable for the protection of vulnerable rights, potentially reducing responsiveness.
Expert Analysis and Resource Crunch: Different vulnerable groups face distinct issues that require expert analysis or input. Centralization may lead to resource constraints.
Suggestions:
Rationalization of Resources: Streamlining resources to ensure efficient allocation.
Empowering Commissions: Providing more autonomy and power to individual commissions.
Strengthening Organizational Performance: Enhancing the organizational and functional performance of each commission.
Improving Coordination: Enhancing coordination among various commissions for better synergy.
Conclusion: While it is essential to protect the rights and interests of various vulnerable groups, maintaining separate commissions for these groups may be more effective. However, there is a need to streamline the functions and jurisdiction of these commissions in a rational and efficient manner. This approach will help fulfill the purpose for which these commissions were established while avoiding issues related to overlapping functions and ensuring a more focused and efficient approach to addressing the concerns of vulnerable groups in India.
Q17: How far do you agree with the view that the focus on lack of availability of food as the main cause of hunger takes the attention away from ineffective human development policies in India?(Answer in 250 words)
Ans:
Introduction: India faces a grave hunger problem, ranking 100th among 119 nations on the global hunger index, lagging behind countries like North Korea, Bangladesh, and Iraq. Despite witnessing substantial economic growth over the last two decades, India fell short of achieving the Millennium Development Goal (MDG) of reducing the proportion of hungry people by half. Consequently, endemic hunger remains a pervasive issue affecting a significant portion of the Indian population. India's robust economic expansion has made little impact on ensuring food security and improved nutrition for its people.
The Persistence of Hunger:
Lack of Compliance in School-Feeding Program: In 1995, the Indian government introduced a subsidized mid-day meal program in schools to encourage children to attend primary school. Regrettably, analysis indicates a high level of non-compliance, with a substantial number of public school students not receiving the meal, despite its mandatory provision in all public primary schools. Only approximately half of the public-school children in the sample who attended school reported benefiting from the program.
The Interplay of Hunger, Poverty, and Health: There is a profound connection between nutritional status, health, human productivity, and effort. Hunger acts both as a catalyst and an outcome of poverty. Chronic food insecurity and hunger are often interconnected, involving the consistent consumption of diets lacking in essential calories and nutrients due to the inability to access food caused by financial constraints.
Challenges:
Suggested Measures:
Infant Nutrition Targeting: Addressing hunger necessitates education on proper feeding practices and ensuring that mothers and children receive the necessary nutrients right from the start of pregnancy.
Enhancing Food Production in Central and Eastern India: Realizing the potential for production surpluses in central and eastern India, where a significant population lives, is vital. Many states in this region do not benefit from the MSP for rice, leading to the need for a policy change in the way paddy is procured.
Public Investment for Effective Human Development Policies: Public investment must be recognized as a policy instrument to support comprehensive human development policies.
Conclusion: Amidst persistent deprivation, poverty, and hunger, India requires a balanced and inclusive growth approach to enhance the efficacy of social programs and achieve improved human development outcomes. Addressing the pressing issue of malnutrition is crucial, necessitating immediate attention and effective public health schemes and strategies. Food supplementation programs play an essential role in combatting hunger and food security challenges and fostering social equity.
Q18: The Citizen’s Charter is an ideal instrument of organisational transparency and accountability, but it has its own limitations. Identify the limitations and suggest measures for greater effectiveness of the Citizen’s Charters. (Answer in 250 words)
Ans:
Introduction: A Citizen's Charter serves as a set of commitments made by an organization pertaining to the quality of service it provides. This concept was initially proposed in India by the consumer organization "Common Cause" in 1994. It applies not only to Central Government Ministries, Departments, and Organizations but also to the Departments and Agencies of State Governments and Union Territory Administrations. The fundamental aim is to enhance an organization's transparency, accountability, and its citizen-friendly approach.
Features of Citizen Charter:
Limitations of Citizen Charter: Since its introduction in India, the effectiveness of the Citizen's Charter has raised concerns regarding both its role as an information-sharing mechanism and a grievance redress solution. Several shortcomings have been identified over the years, including:
The Way Forward: The last two decades have seen the introduction of the Right to Information Act and the Right to Public Services Act, making information sharing a legal requirement. This underscores the need for a revival and reintroduction of the Citizen Charter program in government departments. This would help make these departments accountable not only to their constituents but also to themselves.
To ensure that every government department has a Citizen Charter, a two-pronged approach is required:
Conclusion: In the backdrop of a serious need for improved public service delivery and accountability, the reintroduction and strengthening of the Citizen Charter program are essential. This proactive approach will not only benefit citizens but also help government departments streamline their services and practices.
Q19: What are the key areas of reform if the WTO has to survive in the present context of ‘Trade War’, especially keeping in mind the interest of India? (Answer in 250 words)
Ans:
Introduction: The World Trade Organization (WTO) finds itself at a critical juncture. Not only are the multilateral trade negotiations stalled, but progress in overall rule-making has been sluggish. The emergence of alternative trade pacts, particularly mega-regional agreements, has posed a significant challenge to the standing of trade multilateralism. Moreover, the shifting dynamics in the global economic landscape, with the rise of emerging economies and the relative decline of traditional economic powers, coupled with varying negotiating demands and approaches, have further complicated the situation. The proliferation of preferential trade agreements, in addition to addressing contemporary issues like climate change and food security, is shaking the very foundations on which the WTO was established nearly two decades ago.
Current Problems: Several challenges are undermining the effectiveness of the current trading system represented by the WTO. The dispute surrounding the Doha Round is not merely a result of differences between the transatlantic partners but rather a situation where highly industrialized countries and major developing economies are at odds concerning market access and the protection of vulnerable sectors of their economies.
Issues plaguing the current scenario include:
Reforms Required: The need for comprehensive reforms is evident, including the following steps:
Conclusion: The challenges facing the WTO demand comprehensive reforms and a reevaluation of its role in the contemporary global economic landscape. With the emergence of mega-regional agreements and shifting dynamics among economic powers, the organization must adapt and evolve to remain relevant in the face of the changing world trade order.
Q20: In what ways would the ongoing US-Iran Nuclear Pact Controversy affect the national interest of India? How should India respond to its situation? (Answer in 250 words)
Ans:
Introduction: Donald Trump's decision to withdraw from the Iran nuclear deal, commonly referred to as the Joint Comprehensive Plan of Action (JCPOA), has raised significant concerns and repercussions. The JCPOA was an agreement reached between the P5+1 countries, which included the United States, the UK, China, France, Russia, Germany, and the European Union, with Iran. Under this deal, Iran agreed to reduce its stockpiles of enriched uranium in exchange for the lifting of nuclear-related economic sanctions. President Trump has termed the agreement a "disaster" and a "one-sided" deal, leading to the re-imposition of sanctions. While other signatories continue to support the JCPOA, this move has far-reaching implications for India.
Implications for India:
Oil Prices: Iran is currently India's third-largest supplier of oil, following Iraq and Saudi Arabia. Although India may continue importing oil from Iran, the immediate visible impact of the U.S. decision is likely to be on world oil prices. Any increase in oil prices will not only affect India's inflation levels but also have repercussions on the value of the Indian rupee.
Regional Connectivity: The relationship between India and Iran extends beyond energy interests. India has made substantial commitments, pledging over $500 million, to develop the Chabahar port. This port offers India crucial connectivity to Afghanistan, bypassing Pakistan. The partnership between the two nations encompasses a range of agreements related to trade, regional connectivity, and investments, which were signed during Iranian President Rouhani's visit to India in February.
U.S.-India Ties: This move by the United States adds another complex dimension to the U.S.-India agenda. Dialogues and negotiations related to this issue will necessitate India to allocate time and resources that are already in short supply. While the implications of the U.S. decision may affect India's foreign policy, it is less likely to have a substantial impact on trade relations.
Conclusion: India has long championed a "rules-based order" in international diplomacy, emphasizing multilateral consensus and adherence to commitments made by nations on the global stage. The U.S. withdrawal from the JCPOA challenges the fundamental principle that international agreements involve "States" rather than just prevailing governments or regimes. This could potentially influence all agreements that India is currently negotiating, both bilaterally and multilaterally with the United States. The Indian government faces the challenge of navigating its future course while considering this new U.S. approach.
India should proactively engage in private discussions with its U.S. counterparts and other stakeholders to resolve this issue peacefully through dialogue and diplomacy. It should respect Iran's right to the peaceful use of nuclear energy while addressing the international community's strong interest in ensuring the exclusively peaceful nature of Iran's nuclear program.
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