Q1: ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.
Ans: Constitutional Morality is the commitment to the principles of constitutional values, emphasizing inclusive and democratic political processes. Dr. Ambedkar envisioned it as a harmonious interaction between the governing and governed.
Though not explicitly mentioned in the Constitution, Constitutional Morality is ingrained in various aspects of the Constitution, including:
The doctrine of constitutional morality safeguards the rule of law, promoting diversity and active citizen participation in combating inequalities and non-constitutional elements.
The Supreme Court has emphasized constitutional morality:
Constitutional morality is crucial for effective constitutional laws, preventing arbitrary constitutional operations. While the Supreme Court plays a role, cultivating this sentiment among citizens is equally essential.
Q2: Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.
Ans: Recent Developments in Women's Representation in Judiciary
Q3: How have the recommendations of the 14th Finance Commission of India enabled the States to improve their fiscal position?
Ans: The Fourteenth Finance Commission
The Fourteenth Finance Commission was established by the President in 2013 under Article 280 of the Constitution to provide recommendations for the period 2015-20, with Dr. Y. V. Reddy appointed as the Chairman. This commission, a constitutional body, aims to address vertical and horizontal imbalances in federal finances in India.
The key contributions of the 14th Finance Commission to improve the fiscal position of States include:
The recommendations of the Finance Commission are poised to reform State finances, gaining significance for macroeconomic management as State governments' fiscal deficit reached unsustainable levels. These recommendations grant States autonomy in determining expenditure priorities, fostering the spirit of "balancing wheel of fiscal federalism."
Q4: To what extent, in your view, the Parliament is able to ensure accountability of the executive in India?
Ans: Parliamentary Form of Government in India: The Constitution of India establishes a parliamentary form of government, where the Executive is accountable to the Parliament for its policies and actions. This parliamentary democracy allows for a continuous evaluation of the executive's accountability to the legislature.
The Parliament ensures executive accountability through various mechanisms:
Despite these mechanisms, recent instances have shown Parliament's challenges in ensuring executive accountability:
While Parliament appears empowered to hold the political executive accountable, practical constraints exist:
To ensure complete executive accountability, steps need to be taken, such as implementing the 15-point reform charter suggested by the Vice President. Additionally, the committee system should function effectively with members nominated based on domain knowledge and for longer terms.
Q5: “Pressure groups play a vital role in influencing public policy making in India.” Explain how the business associations contribute to public policies. (Governance)
Ans: Pressure Groups and Business Associations in Public Policy
Contributions of Business Associations to Public Policies:
Q6: The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.
Ans: Federalism and the Role of Central Bureau of Investigation (CBI) in India
Federalism is a governance system where power is distributed between a central authority and various constituent units of the country. In India, the Constitution outlines a threefold distribution of powers between the Union Government and State Governments.
The Central Bureau of Investigation (CBI), regarded as India’s premier investigation agency, handles cases of corruption and major criminal matters, investigating infringements of economic and fiscal laws. The CBI derives its authority from the Delhi Special Police Establishment (DSPE) Act, 1946.
As per Section 6 of the DSPE Act, the CBI requires the State's consent to extend investigations beyond Union Territories. There are two types of consent for a CBI probe:
However, the States' power to withhold consent is not absolute. The Supreme Court and high courts can order the CBI to investigate a crime without State consent. The withdrawal of general consent does not impact pending investigations or cases registered in another State where the investigation extends into the territory of the State that withdrew general consent (Kazi Lendhup Dorji case, 1994).
In the context of the federal structure, policing is exclusively a State subject. The establishment of the CBI under the DSPE Act is an exception, encroaching upon State jurisdiction. Federal issues often arise as the CBI's jurisdiction clashes with State police, leading to conflicts, particularly when different political parties govern at the State and Central levels.
Q7: Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures.
Ans: The National Human Rights Commission (NHRC) in India: The National Human Rights Commission (NHRC) of India, established on 12th October 1993 under the Protection of Human Rights Act (PHRA), 1993, reflects India's commitment to the promotion and protection of human rights.
Functions of NHRC:
Contributions of NHRC:
Limitations:
Possible Remedial Measures:
Despite the persistent human rights challenges, urgent steps are needed to empower NHRC for enhanced efficiency and independence in addressing these issues.
Q8: Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.
Ans: Right to Equality: A Comparative Analysis between the United States and India Both the United States and India, as the largest democratic countries globally, base their political structures on federalism. Democracy thrives where individuals are treated equally and without discrimination, necessitating constitutional provisions to eliminate social and economic inequalities and ensure diverse communities enjoy guaranteed rights and liberties.
Right to Equality:
The Right to Equality is considered a fundamental feature in both Constitutions, playing a pivotal role in achieving social and economic justice. It emphasizes the fundamental unity of individuals by providing equal opportunities and treatment for all.
Q9: Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.
Ans: The Bicameral System in Indian States: Legislative Council India follows a bicameral system at both the Centre and State levels. The State legislature consists of two parts: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).
Formation:
Functions:
While Legislative Councils have limited legislative power and face criticism for budget burden and political use, they serve as a check against hasty legislation and provide a platform for experienced individuals who might avoid electoral processes.
Q10: Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples.
Ans: Parliamentary Standing Committees: Oversight and Limitations
Department-Related Parliamentary Standing Committees consist of 31 members (21 from Lok Sabha and 10 from Rajya Sabha), nominated by the Speaker, Lok Sabha, and the Chairman, Rajya Sabha. Their term of office does not exceed one year.
Functions:
Issues with Functioning:
While committees of 30 offer a more in-depth examination than an assembly of 700, issues like transparency, enforceability, and limited tenure constrain their scope.
Q11: Has digital illiteracy, particularly in rural areas, coupled with lack of Information and Communication Technology (ICT) accessibility hindered socio-economic development? Examine with justification. (Governance)
Ans. Digital Literacy and Socio-Economic Development in Rural Areas
Digital literacy, the ability to navigate the digital world, is crucial for utilizing technology for information access and communication. While it can empower people in various ways, the slow uptake of Information and Communication Technology (ICT) in rural areas poses challenges:
The digital divide goes beyond access issues and requires more than just providing necessary equipment. The government's efforts, as highlighted by the Standing Committee on Information Technology, need improvement. Initiatives like Digital India, Internet Saathi Program, and DIKSHA are commendable but must focus on information accessibility, utilization, and receptiveness to drive positive socio-economic development in rural areas.
Q12: “Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse. (Social Justice)
Ans: Primary Health Care and Its Role in a Welfare State
Primary health care is the initial point of contact a person has with the health system when facing a health issue. The concept of a Welfare State involves the government playing a crucial role in safeguarding and enhancing the economic and social well-being of its citizens.
Primary Health Structure as a Moral Imperative of a Welfare State:
Importance of Primary Health Care in Sustainable Development:
Primary Health Care Approach:
Q13: “Earn while you learn a scheme needs to be strengthened to make vocational education and skill training meaningful.” Comment. (Social Justice)
Ans: The 'Earn While You Learn' Scheme: Bridging Work and Learning
Features and Benefits of the Scheme:
Need for Strengthening the Scheme:
Generating more awareness about such government initiatives is crucial. The success of this scheme will enable India to harness its demographic dividend to the fullest.
Q14: Can the vicious cycle of gender inequality, poverty and malnutrition be broken through microfinancing of women SHGs? Explain with examples. (Social Justice)
Ans: Addressing Gender Inequality through Micro Financing and Self-Help Groups (SHGs)
The Global Gender Gap Report 2021 places India at 140 out of 156 countries, highlighting significant gender inequality. This disparity stems from unequal opportunities in education, healthcare, economic participation, and empowerment, trapping women in a cycle of poverty and malnutrition.
Self-Help Groups (SHGs) are informal associations where individuals collaboratively seek to enhance their living conditions. Microfinance, a banking service for unemployed or low-income groups, offers financial access otherwise unavailable.
Microfinancing of women SHGs can uplift vulnerable women in the following ways:
While microfinancing of women SHGs can address challenges like malnutrition, poverty, and gender inequality, it alone is insufficient to transform the situation. There is a need for a shift in patriarchal mindsets, increased awareness about SHGs, and improved accessibility to rural banking facilities.
Q15: “Though women in post-Independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what interventions can help change this milieu? (Social Justice)
Ans: Transforming Patriarchal Norms: The Road to Gender Equality in India
Patriarchy, a social system where men wield primary power and control, has deep roots in India. Despite its prevalence, the status of women post-Independence has evolved due to various catalysts, including government initiatives and women-led movements. While notable figures like Kalpana Chawla and Kiran Mazumdar-Shaw exemplify progress, challenges persist, as seen in controversies like Sabarimala, issues of Triple Talaq, and judicial judgments.
Efforts for women's empowerment must extend beyond education and targeted schemes. Collective interventions are crucial, involving:
While education and empowerment schemes are vital, addressing gender equality challenges in India requires a more profound and practical approach.
Q16: Can Civil Society and Non-Governmental Organizations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model. (Social Justice)
Ans: The Role of Civil Society and NGOs in Public Service Delivery
Civil society encompasses communities and groups outside the government that advocate for specific people or issues. Non-Governmental Organizations (NGOs) are non-profit entities operating at various levels to address social or political goals. Their role in public service delivery is crucial:
While civil societies and NGOs positively influence the state and market, challenges persist:
While civil society and NGOs cannot replace administrative channels in public service delivery, effective coordination between both is essential for efficient service delivery.
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