UPSC Mains Previous Year Questions 2022: GS2 Indian Polity | Indian Polity for UPSC CSE PDF Download

Q1: The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court." Discuss this statement with the help of relevant case laws.
Ans: Constitutionalisation of Environmental Problems:
Constitutionalisation of environmental problems refers to linking these issues with violations of fundamental rights of individuals or communities, or the failure of the government to enforce directive principles, aiming to give significant importance to environmental concerns.

Judicial Pronouncements Leading to Constitutionalisation:

• Right to Pollution Free Environment: In the Subhash Kumar vs. State of Bihar (1991) case, the Supreme Court declared the right to a pollution-free environment as part of the fundamental right to life under Article 21 of the Constitution.
• Polluters Pay Principle: In the M. C. Mehta vs. Union of India (1986) case, the Supreme Court introduced the "principle of absolute liability," holding hazardous industries accountable for environmental damage.
• Right to Clean Air: The Supreme Court, in the M. C. Mehta vs. Union of India (2020) case, implemented the Graded Response Action Plan (GRAP) in Delhi and NCR to gradually reduce industrial activities during times of high pollution, ensuring citizens' right to clean air.
• Right to Compensatory Afforestation: The Supreme Court established the Compensatory Afforestation Management and Planning Authority (CAMPA) to prevent the misappropriation of afforestation funds, leading to the enactment of the CAMPA Act in 2016.

The Supreme Court, as the protector of fundamental rights, has effectively utilized laws and judicial decisions to safeguard citizens' right to a healthy environment as an integral part of the right to a dignified life.

Q2: "Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute." Comment.
Ans: Freedom of Movement and Residence in India:
The right to move and reside across India is a crucial fundamental right for Indian citizens.

• Article 19(1)(d) of the Indian Constitution allows every citizen to freely move within the country. However, this right is exclusive to citizens and certain company shareholders, not extending to foreigners or legal entities like corporations.
• Freedom of movement has two aspects: internal and external. Article 19(1)(d) safeguards the internal dimension, focusing on movement within the country.
• Restrictions on this freedom are permissible only on grounds mentioned in Article 19(5) - public interests and protection of Scheduled Tribe interests.
• Article 19(1)(e) grants Indian citizens the right to reside and settle anywhere within India. Like Article 19(1)(d), this right is subject to reasonable restrictions.
• However, these rights aren't absolute. To safeguard Scheduled Tribe interests, specific provisions in the Fifth and Sixth Schedules of the Indian Constitution limit land transfers and regulate land allotments.
• In State of Uttar Pradesh v. Kaushaliya (1963), the Supreme Court ruled that restricting the movement of prostitutes is permissible for public health and moral reasons.

Thus, while these rights empower Indian citizens with mobility, they are also subject to certain restrictions, striking a balance between people's freedoms and rights.

Q3: To what extent, in your opinion, has the decentralization of power in India changed the governance landscape at the grassroots? (Governance)
Ans: The 73rd and 74th Constitutional Amendments:
The 73rd and 74th Amendments to the Indian Constitution established a third tier of government at the grassroots level, enabling local self-governance through Panchayati Raj and Municipalities. Article 40 emphasizes the States' responsibility to organize Village Panchayats and empower them with self-governing authority.

Achievements of Decentralization:

• Decision-making: Local participation in decision-making on community issues.
• Women representation: 33% reservation has amplified women's voice in democracy.
• Swachh Bharat Abhiyan: Local bodies' efforts led to India becoming open-defecation free in 2019.
• Literacy campaign: Sarpanch Arati Devi initiated a women's literacy campaign and revived traditional art.
• Self-help Groups: Sarpanch Meena Behen empowered self-help groups with leadership skills.

Challenges Hindering Decentralization:

• Inadequate Finances: Limited authority to impose taxes and levies.
• Unscientific Function Distribution: Overlapping functions between Panchayats causing confusion and duplication.
• Lack of Coordination: Government officials' insufficient coordination with local representatives.
• Centralized Functions: Key functions like education, health, sanitation, and water remain with State Governments.

For local bodies and Panchayats to play a more significant role in human development, sufficient fiscal resources and clear roles are essential. Extending the autonomy given to 5th and 6th Schedule States to all States is necessary for effective governance.

Q4. Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha.
Ans: Role of the Vice-President of India as the Chairman of the Rajya Sabha:

• Presides over House meetings, ensuring compliance with constitutional provisions and conventions.
• Handles communications between the House and the President, conveying House decisions to relevant authorities.
• Empowered to adjourn or suspend House sessions when quorum is absent.
• Does not engage in House discussions, except in the role of the Presiding Officer.
• Authenticates Bills passed by the Houses before presenting them to the President for approval.
• Has a casting vote in the event of tied votes.
• Acts as the guardian of House rights and members' privileges.
• Decides on disqualification of a Rajya Sabha member due to defection.
• Directs the functioning of the Rajya Sabha Secretariat.

The Vice-President of India holds a dual role as the second-in-command of the Executive and as the Presiding Officer of the Upper House of Parliament. Articles 63-71 in Part V of the Indian Constitution outline the office of the Vice-President.

Q5: Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body.
Ans: Transformation of the National Commission on Backward Classes (NCBC):

• Initially a statutory body under the Ministry of Social Justice, the NCBC gained constitutional status through the 102nd Constitutional Amendment Act of 2018.
• As a statutory body, it derived authority from parliamentary laws, whereas, as a constitutional body, it now derives power from the Indian Constitution itself.
• The 102nd CAA introduced Article 338B, empowering the NCBC to address complaints and oversee welfare measures, previously absent.
• Additionally, Article 342A brought in by the 102nd CAA enhances transparency by mandating parliamentary consent for any changes in the backward classes list.
• The revised NCBC prioritizes the development of backward classes and grievance redressal over mere reservation.
• However, concerns persist as the NCBC's recommendations aren't binding, and it lacks the authority to define backwardness.

The NCBC plays a crucial role in social progress. To enhance its effectiveness, it should prioritize gender sensitivity and avoid political motivations for better rule implementation.

Q6. The Gati-Shakti Yojana needs meticulous co-ordination between the government and the private sector to achieve the goal of connectivity. Discuss. (Governance)
Ans: PM Gati-Shakti: A Transformative Approach for Economic Growth:

• Driven by 7 engines: Railways, Roads, Ports, Waterways, Airports, Mass Transport, Logistics Infrastructure.
• Powered by Clean Energy and Sabka Prayas, a collaborative effort involving the Central Government, state governments, and the private sector.
• Generates substantial job and entrepreneurial opportunities for everyone.

Importance of Government and Private Sector Coordination:

• Enhancing service quality and efficiency.
• Sharing expertise and managerial skills.
• Boosting investments and ensuring financial availability.
• Mobilizing additional resources.
• Promoting entrepreneurship, innovation, and technology.
• Optimizing government investments and infrastructure utilization.
• Focusing on cost-effectiveness, competitiveness, and addressing structural and environmental issues.
• Promoting coordination, collaboration, and cooperative development.

Future Plans:

• Strengthening feasibility mapping of projects.
• Utilizing viability gap funds to ensure financial viability.
• Prudent fiscal reporting and risk monitoring with stakeholders.
• Advancing the PPP model with redesigning for maturity.
• Aligning projects in the National Infrastructure Pipeline with the PM Gati-Shakti framework to embrace digital technology, enhancing project execution and efficiency.

Q7: The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. (Governance)
Ans: The Rights of Persons with Disability Act (RPD Act), 2016: The RPD Act, effective since April 19, 2017, aligns with the United Nations Conventions on Rights for Persons with Disability, shifting the focus from individual disability to a societal perspective - transitioning from a medical to a social or human rights model of disability.

Challenges Associated with RPD Act, 2016:

• Limited implementation: Most Indian buildings lack disability-friendly features despite initiatives like the Accessible India Campaign, with many reserved posts remaining vacant.
• Health, Education, and Employment hurdles: Lack of awareness, accessible medical facilities, special schools, and lower employment rates for disabled individuals.
• Discrimination and Dual Burden: Stigma and a lack of understanding of their rights hinder their 'functioning.'
• Political Participation barriers: Absence of comprehensive data, inaccessibility in the voting process, and difficulties in engaging in Party Politics.

Sensitization Needs:

• Removing institutional barriers and respecting judicial rulings.
• Swiftly processing government schemes, focusing on livelihood provision.
• Cultivating empathy towards the disabled and emphasizing individual autonomy and freedom of choice.
• Ensuring non-discrimination, accessibility, and equal opportunities.
• Promoting acceptance of diversity and inclusion of persons with disabilities in society.

Future Approach:

• Implementing a Community-Based Rehabilitation (CBR) Approach and enhancing societal awareness.
• Raising public awareness and altering attitudes towards disability.
• Collaborating with states and meticulously monitoring allocated funds.
• While adopting a rights-based approach, consistent monitoring is crucial for effective implementation of the Act's provisions.

Q8: Reforming the government delivery system through the Direct Benefit Transfer Scheme is a progressive step, but it has its limitations too. Comment. (Governance)
Ans: Direct Benefit Transfer (DBT) Scheme for Transparent Welfare Programs: The Government introduced the direct benefit transfer scheme to enhance transparency and accountability in welfare programs. Recommended in 2011 by the Nandan Nilekani committee, DBT aims to minimize fraud and leakages by directly transferring subsidies to beneficiaries' accounts. Examples include PM KISAN YOJANA, MGNREGA Scheme, and PAHAL YOJANA.

Advantages of DBT in Government Delivery System:

• Prevents duplication fraud among beneficiaries.
• Ensures targeted delivery, reducing payment delays.
• Eliminates intermediaries, reducing corruption opportunities.
• Facilitates faster flow of funds and services, aligning with citizen charter expectations.

Limitations of DBT:

• Exclusion of beneficiaries lacking access to banking services.
• Limited potential due to inadequate financial literacy among the masses.
• Issues arising from Aadhaar card and biometric data mismatches affecting service delivery.
• Networking challenges in remote and rural areas causing service delays.

Future Steps:

• Develop robust technical infrastructure and capacity building.
• Promote collaboration among government departments for swift service delivery.
• Conduct financial literacy programs to maximize the potential of the Direct Benefit Scheme.
• Establish a single-window redressal platform for addressing issues related to direct benefit transfers.

Q9: Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws.
Ans: The Representation of the People Act, 1951: The Representation of the People Act, 1951 governs election conduct and dispute resolution procedures.

Election Dispute Resolution Process:

• An election petition can be filed in the respective High Court within 45 days from the declaration of election results by any candidate or eligible elector.
• The High Court may declare an election void under specific conditions:
• If the elected candidate was disqualified during the election period.
• In cases of proven corrupt practices by the elected candidate.
• Improper acceptance of nomination or votes, non-compliance with legal provisions, etc.
• Appeals against High Court decisions can be made to the Supreme Court within 30 days.

Legal Precedents:

• In Azhar Hussain v. Rajiv Gandhi (1985), an election petition was dismissed by both High Court and Supreme Court due to insufficient evidence of corrupt practices.
• In Indira Gandhi v. Raj Narain (1975), although her election was initially voided by the Allahabad High Court, the Supreme Court upheld her election on appeal.

Role and Importance:

• The Representation of the People Act, 1951 plays a vital role in ensuring the smooth functioning of Indian democracy by conducting organized elections and offering redressal mechanisms for aggrieved parties.

Q10: Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.
Ans: Role of the Governor in State Legislature: The Governor is an integral part of the state executive in India and holds various legislative powers as per Part VI of the Indian Constitution.

Essential Conditions for Governor's Legislative Powers:

• Addressing the first session of the state legislature every new year.
• If the speaker or deputy speaker's office is vacant, appointing a member from the state legislative assembly (SLA) to preside.
• Reserving any state legislature bill (except money bills) for the president's reconsideration.
• Deciding the legality of disqualification of state legislature members after consulting the Election Commission.
• The Governor's significant legislative power is the authority to promulgate ordinances when the state legislature is not in session.
• Under Article 213 of the Constitution, the Governor can issue ordinances when the legislature is not in session and can re-promulgate them thrice.

Legal Precedents:

• In the DC Wadhwa Case 1987, the Supreme Court emphasized using the executive's power to issue ordinances only in exceptional circumstances, not as a substitute for legislative authority.
• The Krishna Kumar Singh Case 2017 highlighted that re-promulgation of ordinances is unconstitutional, undermining democratic legislative processes.

Constitutional Role: The Indian Constitution upholds the separation of powers among the legislature, executive, and judiciary. The Governor's ability to re-promulgate ordinances is permissible only in specific situations, considering urgency and absolute necessity, while respecting the legislature's law-making function.

Q11: "While the national political parties in India favour centralisation, the regional parties are in favour of State autonomy." Comment.
Ans: Centralisation and State Autonomy in Politics: Centralisation involves concentrating decision-making and planning at a single unit to ensure uniformity, while state autonomy refers to having control over resources independently of a central authority. There's an ongoing struggle between national and regional political parties regarding development, representation, and finances.

National Parties' Preference for Centralisation:

• To align goals and objectives uniformly across political parties.
• Better control over party members.
• Uniformity in the parties' programs.
• Improved targeting of the general public.
• Enhanced prospects of winning future elections.

However, centralisation tends to:

• Diminish regional parties and their concerns.
• Give precedence to national security issues.
• Require obedience over accountability and transparency.

State Parties' Advocacy for State Autonomy:

• Founded on identity, statehood, ethnicity, and development.
• Aligned closely with local issues and needs.
• Opposed to bureaucratic obstacles.
• Preference for faster decision-making at grassroots levels.
• Efficient resource mobilization catering to population needs.

Regional parties emphasize that:

• Regional issues differ from national concerns.
• However, the rise of regional parties has led to problems such as political trading for personal gains, overshadowing state demands for development and autonomy.

It's crucial that regional party demands align with India's unity and integrity for a healthy democracy.

Q12: Critically examine the procedures through which the Presidents of India and France are elected.
Ans: Comparison Between Presidential Elections in India and France: France stands as one of the earliest modern republics, with India adopting the term "republic" from France's constitution. The Presidents of both nations serve as the executive heads and hold ceremonial positions as commanders-in-chief of their armed forces.

Similarities in Election Procedures:

• Elections occur every 5 years.
• Multiple rounds of elections take place until a candidate secures an absolute majority.
• Both Presidents need to secure an absolute majority, albeit from different elector colleges.

Differences in Election Procedures:

• The President of France is elected through universal adult franchise, while the President of India is elected by elected members of Parliament and State Legislative Assemblies.
• Nomination for the President of India requires 50 electors as proposers and seconders, whereas the President of France needs 500 elected officials as proposers.
• In French elections, there are two rounds; if no candidate secures an absolute majority in the first round, the second round involves voting for the top two candidates.
• French Presidential elections do not involve security deposits, unlike Indian Presidential elections.

Conclusion: While there exist both similarities and dissimilarities in the election procedures of the Presidents of India and France, their roles as heads of their respective republics in driving growth, development, and maintaining social harmony in diverse nations are equally significant.

Q13: Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.
Ans: Role of Election Commission and Model Code of Conduct in Indian Elections: The Election Commission of India (ECI) operates as an independent constitutional body, overseeing Union and State election processes in India. The Model Code of Conduct (MCC) holds significant importance in ensuring fair elections.

Evolution of the Model Code of Conduct:

• The origins of the MCC date back to the 1960 Assembly elections in Kerala, where the State administration established a 'Code of Conduct' for political entities.
• It was officially adopted during the 1962 Lok Sabha elections when the Election Commission circulated the code among recognized political parties and State Governments, subsequently followed.
• In 1991, stricter enforcement of the MCC was decided upon by the Election Commission due to repeated violations of election norms and persistent corruption.

Role of ECI in Implementing the MCC:

• Under Article 324 of the Constitution, the Election Commission ensures that ruling parties at the Centre and in States comply with the code to conduct impartial elections.
• Instances of electoral offenses, malpractices, or corrupt practices are addressed promptly by the Election Commission, taking action against violators.
• The Election Commission employs various mechanisms for effective MCC implementation:
  • Formation of joint task forces comprising enforcement agencies and flying squads.
  • Introduction of the c-VIGIL mobile app, enabling reporting of audio-visual evidence related to malpractices.

Conclusion: Although the Model Code of Conduct lacks statutory backing, its authority has strengthened over the past decade due to rigorous enforcement by the Election Commission. While technological advancements present new challenges, initiatives undertaken by the Election Commission regarding MCC enforcement have yielded positive outcomes in ensuring fair elections.

Q14: Besides the welfare schemes, India needs deft management of inflation and unemployment to serve the poor and the underprivileged sections of the society. Discuss. (Social Justice)
Ans: India's Current Economic Scenario: India boasts a substantial demographic dividend, standing as the world's fifth-largest economy by nominal GDP and third-largest by purchasing power parity. However, the nation grapples with inflation projected around 6.7 percent, coupled with an overall unemployment rate of 6.8 percent as per the CMIE report. Despite significant welfare funding in schemes like PM AWAS YOJANA, AYUSHMAN BHARAT, and MUDRA YOJANA, a considerable portion of India's population still lives below the poverty line.

Importance of Managing Inflation and Unemployment:

• Ensures smoother demand-supply chains and fosters positive growth cycles, ultimately reducing unemployment.
• Reduces production costs, thereby mitigating the unemployment rate.
• Creates favorable investment and new employment opportunities.
• Reduces fiscal deficits, allocating more funding for welfare schemes.
• Addresses economic disruptions caused by the Covid-19 pandemic.
• Contributes to achieving SDG Goals of No Poverty and Zero Hunger, crucial for Atma Nirbhar Bharat vision.

Recommended Measures:

• Adherence to FRBM act guidelines, Finance Commission recommendations, and utilization of qualitative and quantitative monetary policy instruments.
• Introduction of 'Urban MGNREGA'-like initiatives for urban areas (having a 7.8 percent urban unemployment rate).
• Expansion of skill development initiatives to harness the demographic dividend's potential.
• Creation of buffer initiatives to protect the Indian economy from global geopolitical impacts.
• Utilization of advanced computing technology and data analytics for efficient inflation management and welfare schemes for marginalized sections.
• Enhancement of financial inclusion initiatives to alleviate poverty and empower underprivileged citizens.

Challenges and Future Steps:

• Challenges stemming from global geopolitical events and natural disasters impacting inflation management, mass migration, poverty, and hunger.
• Obstacles posed by political instability, corruption, and bureaucratic delays hindering the progress of welfare programs.

Path Forward:

• Promotion of local cooperative societies and self-help groups for increased local-level employment.
• Integration and strengthening of India's logistics infrastructure to reduce production costs and create new employment opportunities.
• Diversification of skill enhancement programs to improve overall employment prospects.

Q15: Do you agree with the view that increasing dependence on donor agencies for development reduces the importance of community participation in the development process? Justify your answer. (Social Justice)
Ans: Donor agencies are entities providing financial aid in the developmental process, which can be either national or international, such as Japan International Cooperation, World Bank, Bill and Melinda Gates Foundation, among others. The growing reliance on these agencies for access to funds has become a trend in recent times. However, this increasing dependency, without community involvement, carries risks. Community participation involves engaging grassroots stakeholders in the developmental process.

Key aspects regarding the operations of donor agencies:

• Due to robust financial support, donor agencies face fewer obstacles in the developmental process. Yet, their involvement tends to be more objective than participatory, leading to reduced accountability.
• Donor agencies often enforce their own regulations concerning labor wages and working conditions, sometimes isolating the communities they aim to assist.
• Emphasis on technology and productivity by these agencies can diminish labor participation. Additionally, their assistance might exhibit favoritism, contributing to uneven regional development.

To ensure effective development, community participation is crucial. For instance, involving tribal communities in manpower contribution, social audits, preservation of language and culture, and encouraging cooperative efforts can be pivotal, especially in tribal areas. Relying solely on donor agencies resembles a top-down approach to development that can be detached from ground realities. While donor agencies play a humanitarian role, over-reliance on them might disregard local needs, resembling a form of colonialism, ultimately hindering community involvement. A balanced approach between donor agencies and communities is more appropriate for any developmental process.

Q16: The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting incentive-based systems for children's education without generating awareness about the importance of schooling. Analyse. (Social Justice)
Ans: The Right to Education Act 2009 (RTE Act 2009) was passed by the Parliament of India on August 4th, 2009, aiming to ensure free and compulsory education for children aged 6 to 14, as outlined in Article 21(A) of the Constitution. India is among 135 countries recognizing education as a fundamental right for every child.

Key Features of RTE Act 2009

• Compulsory and free education for all up to class 8.
• Establishing proper norms for pupil-teacher ratios, classrooms, separate toilets, and drinking water facilities.
• Special provisions for admitting out-of-school children into an age-appropriate class.
• Zero tolerance against discrimination and harassment in schools.
• No child can be held back or expelled until Class 8.
• Private schools are mandated to reserve 25% of their seats for socially disadvantaged and economically weaker sections.
• Incentives to encourage completion of education:
  • Free textbooks, uniforms, and stationary items.
  • Mid-Day Meal scheme (PM Poshan) covering 11.80 crore children in Classes 1 to 8.
  • Programs like Sarva Siksha Abhiyan to improve educational facilities and bridge digital gaps.
  • Focus on providing education to differently-abled or special needs children.
  • Initiatives to enhance the quality of education, including science and computer labs.

Key Challenges in Achieving RTE Goals

• Lack of awareness among child laborers, migrant children, and differently-abled children about available educational benefits.
• Insufficient understanding of the 25% reservation for disadvantaged sections and the fundamental right under Article 21A.
• Minority children, especially from low-income backgrounds, are unaware of special provisions like the SPQEM scheme.

Measures to Enhance Awareness

• Local bodies and Panchayats' representatives can organize awareness campaigns.
• Utilize social media platforms like Facebook and YouTube for widespread awareness.
• Government teachers should visit backward areas to educate people about government incentives like the mid-day meal.

Despite being twelve years since its implementation, the RTE Act still faces challenges in achieving its objectives. Many deserving children miss out on education due to limited awareness. A digital media campaign can transform this scenario, ensuring India's demographic dividend becomes an asset for the nation.