GS Paper 2 April.pdfgS Paper 2 April

Secure 2015 General Studies II Topic-wise Compilation

Insights on India April

Contents

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure ...................................................................................................... 8

1. Why have there been so many amendments to the Indian Constitution? Do you think Indian Constitution is too flexible? Critically analyse the nature of these amendments and causes behind them. (200 Words) ................................................................................................................................................... 8

2. One of the limitations of the Constitution of India is that it does not adequately attend to gender justice. What evidence can you give to substantiate this charge? If you were writing the Constitution today, what provisions would you recommend for remedying this limitation? Critically discuss. (200 Words) ........................................................................................................................................................... 8

3. In a democracy, political memoryand the building of memorials and monuments is a part of thatshould rest with citizens and not governments. Do you think governments should stop spending money on building memorials and statues? Does this affect rights of citizens? Critically comment. (200 Words) 10

4. The core of the commitment to the social revolution lies in parts III and IV of the Indian Constitution. These are the conscience of the Constitution. Critically comment. (200 Words) .................................... 11

5. Write a brief note on the basic features of the Indian constitution. If you are asked to alter or replace any of these basic features, what would they be? Justify. (200 Words) ..................................................... 11

Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein ....................................................................................................................................... 13

1. Explain the key ideas and concepts associated with federalism. Examine how Indias federal set up is different from that of Americas and Germanys. (200 Words) .................................................................. 13

2. What are the demands raised by States in their quest for greater autonomy? Discuss recent measures, if any taken, to give more autonomy to states. (200 Words) ..................................................................... 13

3. What were the main differences between the local governments before 73rd amendment and after that amendment? Examine. (200 Words) ................................................................................................... 14

Parliament and State Legislatures - structure, functioning, conduct of business, powers and privileges and issues arising out of these .................................................................................... 16

1. Why does India need two houses in its Parliament? Justify. (200 Words) ............................................. 16

2. The legislature in parliamentary system ensures executive accountability at various stages: policy making, implementation of law or policy and during and post implementation stage. Discuss the instruments that the legislature uses for this purpose. (200 Words) ......................................................... 17

3. Critically comment on the issue of appointment and removal of Governors of States in India, and the opinion of the Supreme Court and various committees on the same. (200 Words) .................................. 17

4. Recently the re-promulgation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015, created controversy regarding misuse of ordinance power by the government. Critically examine the issue and comment if, in your opinion, such re promulgations goes against democratic principles. (200 Words) ............................................... 18

April 2015 General Studies II 1

Structure, organization and functioning of the Executive and the Judiciary; Ministries and Departments of the Government; Pressure Groups and formal/informal associations and their role in the Polity ......................................................................................................................... 20

1. What do you understand by Judicial Independence? How can the independence of judiciary be provided and protected in India? Critically examine. (200 Words) ............................................................ 20

2. How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights? Illustrate with suitable examples. (200 Words) .......................................... 20

3. Today the Supreme Court of India is an active intervener in policy formulation. In the light of some of recent judgements of the Supreme Court, critically analyse the statement. (200 Words) .................... 22

4. The idea of an Indian judicial service on the lines of all-India services like the IAS or IPS has been considered in the past and abandoned. Do you think is there a need to reconsider this idea? Discuss. (200 Words) ......................................................................................................................................................... 23

5. Recently the Union government notified the National Judicial Appointments Commission (NJAC) law. Critically analyse objectives and functions of NJAC and their effect on structure of Indian judiciary. (200 Words) ......................................................................................................................................................... 24

6. What are the goals and objectives of the National Mission for Justice Delivery and Legal Reforms scheme of government of India? Evaluate its performance. (200 Words) ................................................. 26

Salient features of the Representation of Peoples Act ............................................................... 28

1. What do you understand by Delimitation of Constituencies? Examine its objectives and how delimitation affects the Representation of the People Act. (200 Words) ................................................... 28

Government policies and interventions for development in various sectors and issues arising out of their design and implementation ........................................................................................... 30

1. In the West, especially in America, a heated debate is going regarding the merits and demerits of using body-mounted cameras (Cop-Cams) on police officers. Critically examine why this ideas has been mooted and what are the main concerns with this strategy. Do you think such a policy can be used in India as a tool to bring reforms in policing? Comment. (200 Words) ......................................................................... 30

2. A properly designed and implemented procurement law is long overdue. It can improve financial management, and bring large financial and governance benefits. Elaborate and also examine what challenges need to be addressed in the implementation of such a law in India. (200 Words) .................. 30

3. Recently the government proposed to introduce legal provisions to ensure that children between the ages of 16 and 18 are tried as adults if they commit heinous offences such as murder and rape. Do you think is it a step in right direction? Critically analyse. (200 Words) ............................................................ 31

4. The fact of children working in all kinds of occupations remains one of Indias worst-kept secrets. Critically comment if the existing legal and institutional support is adequate to end the menace of child labour in India. (200 Words) ....................................................................................................................... 33

Development processes and the development industry - the role of NGOs, SHGs, various groups and associations, donors, charities, institutional and other stakeholders ................................... 34

1. Critically analyse the role and contribution of civil society to developmental activities in the country. Do you think some of the criticisms directed towards them regarding source of their funds and their opposition to certain projects, is fair? Comment. (200 Words) .................................................................. 34


2. In your opinion, how should civil society conduct itself in a country like India? Do you think the state should have a say in the conduct of civil society? Critically comment. (200 Words).................................. 35

3. Its been proposed that an autonomous accreditation authority National Accreditation Council of India or NACI and a mechanism to rate NGOs should be set up to address some of the crucial issues related to functioning of NGOs. Critically examine the merits and demerits of implementing these proposals, especially in India. (200 Words) ....................................................................................... 36

Welfare schemes for vulnerable sections of the population by the Centre and State and the performance of these schemes; mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections ............................................................ 38

1. Write a note on government of Indias recently launched Mission Indradhanush programme. Also critically evaluate how successful have been similar programs in the past. (200 Words) .......................... 38

2. Write a critical note on the objectives, design and implementation of the Rashtriya Swasthya Bima Yojana (RSBY) programme. (200 Words) ..................................................................................................... 39

3. Recently, while ruling on inclusion or exclusion of certain castes or communities for availing reservation benefits, the Supreme Court argued that caste cannot be the only standard to determine backwardness, but can be an important factor. What is your opinion on this issue? Do you think reservation is used more as a political tool these days than as a tool of social justice? Critically comment. (200 Words) ................................................................................................................................................. 40

4. Contrary to popular perception the decline in MGNREGAs performance was not due to the lack of demand but was a result of a carefully crafted strategy to stifle the programme by burdening it with administrative requirements and delays in fund flow. In the light of the statement, critically evaluate the performance of MGNREGA. (200 Words) ................................................................................................... 41

5. In India women constitute bulk of the work force but they lag behind men in terms of level and quality of employment. What mechanism exists in India to address various issues faced by women labourers? Critically comment on the design and performance of these existing measures. (200 Words) ................. 42

6. Discuss the distinguishing features of the National Rural Livelihood Mission (NRLM). Do you think the design of the scheme is suited to meet its objectives? Critically analyse. (200 Words) ............................. 42

7. The Cabinets nod to amendments in the Juvenile Justice Bill would not only violate the basic principles of the Constitution, but also be in conflict with evidence-based social policy. Critically comment. (200 Words) ............................................................................................................................... 43

8. A recent study has found that the work being offered under the MGNREGS scheme is falling with each passing year and in the past three months, it has worsened. Critically analyse the reasons for this decline in demand for jobs under this scheme. (200 Words) .................................................................................. 44

Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources ..................................................................................................... 45

1. Recently the Karnataka Legislative Assembly adopted a bill that enforces Kannada as medium of instruction for primary education in the state. Do you think teaching in mother tongue should be encouraged in schools? Is English harming regional languages? Critically examine. (200 Words) ............ 45

2. The perverse kind of political interference that routinely takes place in higher education is one of the primary reasons that the best of Indias colleges and universities lag behind. Examine the causes of political interference, its implications and solutions to the problem. (200 Words) ................................... 46


3. It is alleged that, India, which is home to largest number of leprosy patients in the world has discriminatory policies against these patients. Critically examine. (200 Words) ........................................ 47

4. In a recent index called Social Progress Index (SPI), devised by an NGO named Social Progress Imperative, India ranks lower than its neighbours Nepal and Bangladesh. Write a critical note on this index and Indias performance in the same. (200 Words) .......................................................................... 48

5. Recently, the United Nations Educational, Scientific and Cultural Organisation (UNESCO) published the Education for All Global Monitoring Report to evaluate the progress of countries on these goals. Critically comment on its findings on Indias performance. (200 Words) ................................................... 49

6. It is hoped that the Law Commission of Indias 256th Report, Eliminating Discrimination against Persons Affected by Leprosy, will initiate a new chapter in Indias fight against leprosy. Examine. (200 Words) ......................................................................................................................................................... 49

7. Recently the University Grants Commission issues directives to Indian universities that require all universities to follow a Choice Based Credit System (CBCS). What do you understand by CBCS? Critically examine its merits and demerits. (200 Words) ........................................................................................... 51

8. Do you think consumption of liquor should be prohibited? Discuss the prohibition policy followed by various states in independent India. (200 Words) ..................................................................................... 51

9. A 2013 central bank study found state expenditure to have a far bigger beneficial impact on growth than spending by the Union government, which is much more likely than states to use borrowed funds to make payments. Examine the sources of funds for states, recent trends in devolution of funds to states by the union government and how can states spend the money effectively for the welfare of the people. (200 Words) ................................................................................................................................................. 52

10. .while the global economy is expected to witness a shortage of young population of around 56 million by 2020, India will be the only country with a youth surplus of 47 million. In your opinion, what challenges does India face in optimally utilizing this demographic surplus for the development of the country? Critically examine. (200 Words) ................................................................................................... 53

11. Do you think measures taken by union and state governments to control tobacco consumption are adequate in fighting cancer? Critically comment. (200 Words) .................................................................. 54

12. A new study says that five billion people globally do not have access to safe, affordable surgery and anaesthesia when they need them. Examine the reasons and suggest what union and state governments can do to address this issue in India. (200 Words) ...................................................................................... 55

13. Achieving gender parity in school education is sine qua non for ensuring the larger goal of women empowerment. In this regard, critically examine the progress made, roadblocks that exist and measures needed to overcome these roadblocks in achieving gender parity in school education. (200 Words) ...... 55

Issues relating to poverty and hunger ........................................................................................ 58

1. Discuss the causes of persisting childhood malnutrition in India. (200 Words) ..................................... 58

Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizen charter, transparency and accountability and institutional and other measures ......................................................................................... 60

1. Governance has become tied to democracy, with the public sphere becoming crucial and public policy a critical field. What do you understand by public policy? Critically examine the nature of public policy in India and the factors that have influence its formulation. (200 Words) ................................................. 60

2. Write a critical note on Union governments eBiz project. (200 Words) ................................................ 60


3. Should intelligence agencies provide information to the public under the Right to Information Act? Substantiate. (200 Words) ........................................................................................................................... 62

4. The menace of encounter killings or extrajudicial killings is largely attributable to the Supreme Courts failure to enunciate clear procedural guidelines for reporting and investigating extrajudicial killings. Critically discuss. (200 Words) ...................................................................................................... 62

5. Critically analyse the effect of social media on functions and performance of government, governance and institutions in India. (200 Words) ......................................................................................................... 63

India and its neighbourhood - relations ...................................................................................... 66

1. Examine the events and factors that helped Bhutan become a democracy. (200 Words)..................... 66

2. The Nuclear agreement between the USA and Iran is an important step towards ending the prolonged confrontation between Iran and the West and it could transform the geopolitics of the Middle East, opening up considerable diplomatic space for India. Analyse. (200 Words) ............................................ 66

3. Recently, Iran, US and five other world powers reached an agreement to limit Irans nuclear program and open it for inspection. Critically analyse the details of the deal. (200 Words) .................................... 68

4. A fresh appeal to the Security Council has been made to refer the Islamic State to the International Criminal Court (ICC) to prosecute it for its crime against humanity. Examine the structure and mandate of ICC and explain why referring to it cases such as Islamic States crimes is sought for. (200 Words) ........ 69

5. Do you think Chinas ambition to become a global superpower is peaceful? Critically comment. (200 Words) ......................................................................................................................................................... 70

6. Critically analyse Indias nuclear doctrine Vis a Vis Pakistan and Chinas nuclear doctrines. Also examine how the West views nuclear situation in South Asia. (200 Words) ............................................................ 70

7. How has recent election outcome in Israel altered the possibility of granting independent statehood to Palestine? Also examine if there is any change in Indias policy towards Palestine in recent months. (200 Words) ......................................................................................................................................................... 71

8. Some analysts argue that the imminent crisis in IndiaChina relations will come to the fore when the question of the Dalai Lamas succession in Tibet can no longer be ignored. In your opinion, how should India try to resolve its differences with China? Critically comment in the light of the statement. (200 Words) ......................................................................................................................................................... 72

9. It is argued that Afghanistan can overcome its security problems by performing well on economic front. Critically analyse how Afghanistan can improve its economy and what role can India play in this regard. (200 Words) .................................................................................................................................... 73

10. Recently China rejected Middle Way Path advocated by Dalai Lama to resolve the Tibet issue. Examine what Middle Way path advocates and how does India view this path. (200 Words) ................ 73

11. Considering recent geopolitical developments in Afghanistan, do you think Indias role in that country has been reduced to that of a marginal player? Critically analyse. (200 Words) ....................................... 74

12. Looking at Pakistans continued tacit or overt support to terrorists campaigning against India, do you think India should start pursuing coercive diplomacy with Pakistan? Critically comment. (200 Words) ... 75

13. Secrecy in government operations is necessary, but it has to be limited by absolute necessity, keeping the confidentiality strictly time-bound. In the light of recent debate on Official Secrets Act 1923, critically comment on the statement. (200 Words) .................................................................................... 75


14. China-Pakistan economic ties have long been the weakest leg of their relationship. In contrast how do you analyse India China economic ties? Discuss in the light of the statement. (200 Words) ............. 76

15. In the light of ongoing regional conflicts in the West Asia, critically analyse the relationship between Pakistan and Saudi Arabia and its implications for India. (200 Words)....................................................... 76

16. The development of the China-Pakistan Economic Corridor (CPEC) is not necessarily bad for India or the region. Critically comment. (200 Words) ............................................................................................ 77

17. Critically compare and contrast foreign policies of India and China, especially with respect to meeting their security, strategic and economic needs. (200 Words)........................................................................ 78

18. Compare and contrast US and Chinas foreign policy Vis a Vis Pakistan. Critically examine their effect on Indias interests in the region. (200 Words) ........................................................................................... 79

19. Should India worry about recent geopolitical developments taking place in Afghanistan? Critically comment. (200 Words) ............................................................................................................................... 80

Bilateral, regional and global groupings and agreements involving India and/or affecting Indias interests ..................................................................................................................................... 82

1. It is said that India shares special relationship with France unlike other Western countries. Critically analyse the nature of bilateral relationship between two countries, especially in the light of recent developments related to high technology and defence sector. (200 Words) ............................................ 82

2. Critically examine the implications of recent nuclear deal between Iran and the E3+3 (France, Germany and the United Kingdom + China, the Russian Federation and the United States) for India. (200 Words) 82

3. Critically discuss Indias relationship with France. Can you term France as Indias natural ally? Substantiate. (200 Words) ........................................................................................................................... 83

4. It is said that the United States of Americas foreign policy towards Latin American countries is undergoing paradigm shift in recent years. Analyse this shift and examine how changing attitude of America towards Latin American countries could affect Indias interest in the region. (200 Words) ........ 84

5. Critically examine the context and significance of the uranium supply deal that was signed recently between Prime Ministers of India and Canada. (200 Words) ..................................................................... 85

6. Compared to Indias relationship with US, Germany and France, its relationship with the European Union (EU) is said to be in doldrums. Critically examine why. (200 Words) ............................................... 86

7. IBSA has been overshadowed over the past few years by that other acronym without an adjective, BRICS. Critically discuss the potential of IBSA forum, Indias role in it and the need for its revival. (200 Words) ......................................................................................................................................................... 87

Effect of policies and politics of developed and developing countries on Indias interests, Indian diaspora ..................................................................................................................................... 88

1. The U.S maintains a list of state sponsors of terrorism and terms such countries as Rogue states. According to U.S., what features these Rogue States have in common? Does India benefit from this policy by U.S.? Critically comment. (200 Words) .................................................................................................. 88

2. It is said that the world is witnessing a shift in trade pattern driven by various factors. Analyse this shift and examine what this shift implies for India. (200 Words) ....................................................................... 89

3. Considering ongoing geopolitical conflicts across the world, do you think Non- Nuclear States should push Nuclear States towards disarmament of their nuclear weapons? What factors have determined Indias stance on disarmament? Critically discuss. (200 Words) ................................................................ 90


1. The United Nations was intended to be a temple of peace, but this once great global body has been overrun by the repressive regimes that violate human rights and undermine international security. In the light of its recent decision and the way it functions, critically comment on the statement. (200 Words) ......................................................................................................................................................... 92

2. In your opinion, how will the China-led Asian Infrastructure Investment Bank (AIIB) be different from IMF and World Bank? In the light of its stated objectives, critically examine how it would benefit global economy. (200 Words) ................................................................................................................................ 93


Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

1. Why have there been so many amendments to the Indian Constitution? Do you think Indian Constitution is too flexible? Critically analyse the nature of these amendments and causes behind them. (200 Words)

NCERT, Class XI, Indian Constitution at Work, Chapter 9

Answer:

The constitution of a country is the supreme law of the land. A law can remain supreme and effective only when it can fulfil the interest of different sections of society and keep it orderly. In order to accomplish it constitution has to be dynamic and a living document, thereby amending it periodically becomes inevitable. This is the reason why in 65 years we have seen more than 100 amendments. This does not mean that Indian constitution is too flexible to be easily amended. In fact it is very finely balanced when it comes to amendments. It gives leverage to centre for making cosmetic amendments by simple majority and keeps a tight check when it comes to critical changes by provisions for 2/3 majority. Most importantly it maintains a federal balance with acceptance of amendments by half the states that relate to centre-state relations.

The changes made to the constitution can be categorised in many different categories:- - Some changes are cosmetic. e.g. - states names, preamble words etc. - Some provide more clarity/additional features on constitution articles. Art. 15, 16 Amendment for reservations, emergency related amendments etc. - Some relate to create new Institutions or modify them. E.g. - 73rd and 74th Amendment, Tribunals etc. - Some relate to incorporate new fundamental right, duties and directives. e.g. - Ar-21 A, 51-A etc. - Some are politically motivated amendments as well. 42nd amendment the so called Mini Constitution But overall amendments have helped in inferring constitution in a better way, creating new articles to meet changing needs or removing /modifying others to remain relevant. However nowhere it has tried to disturb the basic structure and tenets on which constitution stands.

2. One of the limitations of the Constitution of India is that it does not adequately attend to gender justice. What evidence can you give to substantiate this charge? If you were writing the Constitution today, what provisions would you recommend for remedying this limitation? Critically discuss. (200 Words)


Answer:

[1]

The constitution has few limitations if any, and one of the main limitations is said to be that it does not address the issues of gender inequality. This is true to a certain extent as

1- It does not include any specific rights to women in both the Fundamental rights and the DPSPs.

2- There is was no provision for reservation for women in elected bodies till the 73rd amendment 1992.

3- Women were underrepresented in free India from the constituent assembly till even today.


4- There is no mention about other forms of gender specific evils like dowry or female infanticide/foeticide even though they were prevalent at the time of framing.

5- Even provisions like maternal relief/pay are ignored and equal pay for equal work isnt followed even today.

If there was a chance to re-frame the constitution, we could include articles like

1- Enhanced reservation to women in all elected bodies.

2- Companies act to amended to give more women a chance to be at the fore of their organizations (at the moment its only at least one women, that can be increased).

3- Promoting women-centric DPSPs to fundamental rights.

All these measures will help right the gender-tilt in our country, so that the mother, sisters and wives of our mother India can really come to the forefront and play starring roles in the nation.

[2]

---The absence of women in the drafting committee was bound to show its effect with time, on the provisions included in the constitution. ---Although the Fundamental rights give a right to equality, irrespective of sex, in the constitution, little thought has been given to ensure its implementation, seeing the dominant patriarchal society of the country. ---Most of the provisions regarding ensuring humane and just conditions of work and maternity relief have been included in the DPSPs, which gave a free hand to the govt regarding its implementation. ---Provision of uniform civil code, which will give equal rights to women of all religions, is also in the DPSPs, and has not yet been implemented, leading to different laws, according to the some gender biased traditions of the some religions ---Although several acts like, Dowry prohibition Act 1961, The Equal Remuneration Act 1986, The Hindu Marriage Act 1956, The Hindu Succession Act 1956, The Muslim Women (Protection of Rights on Divorce) Act, 1986, etc., have been implemented to maximise gender equality, but little has been done to ensure adequate implementation. ---Regarding suggestion of any provisions in the Indian constitution, I would like to suggest a 50% reservation for women in the central and state legislatures, which will enable to induce gender equality in the legislatures. ---Also, all the provisions concerning gender equality, which are enlisted in DPSPs, should be made mandatory, to ensure adequate socio-economic conditions for females in the country. ---Such measures will help in boosting gender equality in the country, with more female participation in workforce and accelerate the economic development.


3. In a democracy, political memoryand the building of memorials and monuments is a part of thatshould rest with citizens and not governments. Do you think governments should stop spending money on building memorials and statues? Does this affect rights of citizens? Critically comment. (200 Words)

Livemint

Answer:

[1]

Politics of statues and monuments is clear indication of narrow-mindedness in political parties and their supporter groups.

Statue and Monuments have their purpose where people have no other source of information about those leaders. But, in this age ICT is best help to procure knowledge about any famous personality and their contribution to society. So, statues only help in spending public money without any consent from public.

Tax Payers pay for better utilities and environment and not for structures of stones and metal which are of no use to public grievances and empowerment of poor. Building such structures should be done only by 100% public consent for propagation of art or political symbolization". In 2013, Supreme Court tells States, Enough of statues at public places, and also asked to observe strict compliance. Example: for Statue of Unity, - 4,830 trees will be cut down, Mayawati statues - nearly 20,000 trees cut down. In Patna, Funded by the state government, -Rs 10 crore statue, inclusive of a 30-feet-high of Mahatma Gandhi, tallest in India is made, do it adhere to any of Gandhis ideology?

Citizen right do affects in long term because of loss to exchequer in terms of money, land and ecology. Instead, Government should build Forests, Gardens, and Parks in name of Unity or in name of Leader or personality. It will help people in and around, environment, and biodiversity.

India dont have official War memorial for martyrs but have thousands of statues which dont serve any of public interest except helping in remembering directions of roads in cities.

[2]

Building the Status of the leader by the state is the tradition of the communist state which is mainly non democratic .Statues and The Name of cities after the leader is was famous in the china and USSR like the Leningrad, Stalingrad etc.

The Status has the direct relations with the Personality cult which is not good for the democracy. Ambedkar said: Prayer of the god lead to salvation in the temples but in politics it lead to the dictatorship

But this doesnt mean that democratically elected govt shall not build the statues and museums, the problem is that it shall not be part of the vote bank politics which is General trend, and the party in power build the status of his leader which is the waste of the money.

Even our Provision in constitution (Fundamental duty) said that follow the ideas of the freedom movement. The Status and Museum help to encourage the citizen to adopt the good principal that helps to make good society.


State should make Museums that promote the ideas of the leaders, their principals, their experience etc. but the race of the building of the tallest statues is the total waste of money.

4. The core of the commitment to the social revolution lies in parts III and IV of the Indian Constitution. These are the conscience of the Constitution. Critically comment. (200 Words)

Bipan Chandra, India since Independence, Chapter 4

Answer:

--Part 3 and 4 of the Indian Constitution include the Fundamental rights and DPSPs respectively, which can be seen as the soul of the constitution, as the former act as a guarantee against encroachments by the state and the latter, has a set of directives to the state to introduce some reforms to make such rights effective. -- The former act as a check on the govt against applying autocratic rules on the society, and the second, direct the govt on various ways to introduce the concept of a welfare society in the country, by ways of using the Gandhian and the liberal intellectual standards. --But there have been some criticisms regarding both parts of the constitution. FRs have been criticised to be vaguely defines in several respects, like the words public interest, reasonable restrictions, etc. have not been properly defined. Also, the right to ask for remedy is too expensive due to the long litigation process, which makes it unapproachable to the majority part of the society. The clause of preventive detention is also a unique feature, not found in any other democratic country of the world. --Regarding DPSPs, they have been said to be haphazardly arranged, with the least important directives, mixed together with the important ones. Their non justicability is also the source of much criticism. Also, they have been seen to be too conservative, when compared to todays modern society. --At times, there have been several instances of conflict between the two, leading to various amendments being passed in the parliament. --In spite of the above criticisms and shortcomings, FRs and DPSPs have acted as the bedrock of the represent democratic structure till date and continue to do so.

5. Write a brief note on the basic features of the Indian constitution. If you are asked to alter or replace any of these basic features, what would they be? Justify. (200 Words)

Bipan Chandra, India since Independence, Chapter 5

Answer:

The doctrine of Basic Structure of the Indian Constitution was evolved during the landmark judgement in Keshavanand Bharti case 1973. The basic structure concept implies that the Parliaments power to amend Constitution (Article 368) is not unfettered. So any law or amendment made is subject to the judicial review and the judiciary has the power to struck it down if found ultra vires. So the Basic Structure reflects the understanding of the thought and wisdom of our founding fathers and seeks to curb any autocracy on the part of the State. It also bolsters the idea that Judiciary is indeed the last resort of a citizen. We can also see this judgement as a precursor to judicial activism. The basic structure according to the honourable SC judges include: Fundamental Rights, Directive Principles of State Policy, Preamble, Judicial independence, federal character of the State, separation of powers, judicial review, nature if the Indian state as secular, socialist, etc. So any law on these subjects is subject to the review and can be declared unconstitutional if against the spirit of the Constitution. In my opinion, the following items merit some debate over their inclusion in the basic structure:


1. Judiciary's independence. Absolute independence to any organ of the State should be discouraged to keep checks and balances. 2. Directive Principles can be made semi-justiciable in certain topics like implementation of uniform civil code, etc. The government should be asked to submit a plan if action towards this end. But still the status quo of the Basic Structure is almost sufficient to address concerns over amenability of the Constitution. The Supreme Court keeps modifying the list of Basic Structure.


Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and

finances up to local levels and challenges therein

1. Explain the key ideas and concepts associated with federalism. Examine how Indias federal set up is different from that of Americas and Germanys. (200 Words)

[Linked with: Comparison of Indian Constitution]


Answer:

Federalism in the modern Age is a principle of reconciliation between two divergent tendencies, viz., the need for local autonomy and the widening range of common interests Lord Acton

Indian federalism is unique- Unity while permitting diversity, - oneness, while providing for division, - a modern federalism

Federalism removes friction, stops disintegration, suppresses jealousy, checks wars, and creates powerful and peace-loving nations out of a heterogeneous mass of human beings living apart and in different parts of the world.

Most remarkable feature of the Indian Constitution is its federal structure, together with a form of unitary government with a dual polity and a single set of rights and obligations. According to Basu, Indian Constitution is partly rigid and largely flexible.

Comparison with US:

US Constitution has dual citizenship, dual constitution, an independent though non-singular judiciary and equal representation of states in US Congress, while India has single constitution, judiciary, citizenship, and unequal representation of states in Rajya Sabha. Procedure to amend Constitution in simpler in India than US (2/3th states ratification). Indian states are destructible, while USA has indestructible states.

Comparison with Germany:

German federalism evolved as a model in its own right, neither following the American plural nor the British parliamentary tradition. Unlike Indian Constitutions, which adopted Position of President, impeachment procedures, Federal structure from US and Bicameralism, single Citizenship, etc. from British. German Constitution is the direct participation of regional governments in the federal process of legislation, while India ignores units only Special Amendment needs states ratification.

2. What are the demands raised by States in their quest for greater autonomy? Discuss recent measures, if any taken, to give more autonomy to states. (200 Words)


Answer:

India has a federal government which is tilted towards union government. Union government has more control over financial and economic affairs. At the time of Independence most of the states and central government had congress government so there were not much issues but later on it changed and so


conflicts started where central was controlling the states. States for these reasons are demanding more powers and more financial autonomy. Demands: 1) Many states have demanded division of powers should be changed and it should now be in favour of states, they want more important powers for states. 2) Independent sources of revenue and greater control over the resources is another demand of many states 3)Administrative control is another demand as Indian administrative services officers work in states but they are controlled by central government so states say that central government is interfering in their jobs. 4) There is autonomy demands related to culture and languages also. 5) Many states have resented the role of governor also and said governors interfere in their jobs. Recently central governments have taken some steps to decentralise power and to give more powers to states. NITI aayog has replaced the planning commission who was controlling all the money allocation and big projects without having much say by states. Now States are involved with NITI aayog and they will have more say is suggested. Another step is recommendation of fourteen finance commission who recommended giving more money to states so that they can plan and act accordingly according to their needs so now states will have more money and more resources which they can use for their development. Much resentment by states is also due to political interests who should not be focussed and for integrity and unity of nation we need to have a strong centre in many areas.

3. What were the main differences between the local governments before 73rd amendment and after that amendment? Examine. (200 Words)


Answer:

[1]

Local Governments before 73rd amendment were totally dependent upon respective state government as far as finances, election to these bodies and autonomy to these bodies are considered. The local bodys election depends upon the will of the state governments and there are incidences when these elections were due for years. Local bodies dont have their say on development programs and they didnt have powers to raise their own finances through local taxation and additionally state governments were not constitutionally bound to provide them with compulsory financial assistance and there was not any devised formula which can decide about their share in state revenue. after 73rd amendment three tier of panchayati raj has been formulated and established as per the nomenclature suited to respective state government it has made obligatory at the end of state government to conduct regular election of local bodies there say is made mandatory for development project in their area for implementation of most of the programs like MGNAREGA gram panchayat has been made nodal agency. To devise the formula for grants to local bodies state finance commission every 5 year has been established local bodies has given autonomy to raise their finances by local taxes. It can be said that 73rd amendment was a great leap forward in making local bodies autonomous and in ensuring their contribution necessary in any project of public importance.


[2]

Before 73rd amendment local government was a state subject and states were free to make their own kind of laws. There were irregular elections and frequent suppression and suspension. There was inadequacy of finances and lack of involvement in rural development planning.

73rd amendment act, 1993 brought a significance change in local self-government. It gives much needed constitutional recognition to local self-government. Now it is mandatory to hold elections in due time on regular basis and state election commission is established in every state for conducting free and fair elections to these bodies. The amendment provides reservation of seats for scheduled caste, scheduled tribe and women. The minimum age required to become member of panchayat has been reduced to 21 years. Panchayats have been given powers to levy and collect taxes, fee, tolls and duties in accordance with the provisions made by state government. They also have given financial autonomy by establishment of state finance commission after every 5 years to review their finances and make recommendations for grants to be given to panchayats by state government.

However certain problems still persists like recommendations of state finance commission are not mandatory in nature. The 29 items that are provided to panchayats are handled by different ministries and are not in hands of Minister of panchayati raj and rural development.


Parliament and State Legislatures - structure, functioning, conduct of business, powers and privileges and issues arising out of these

1. Why does India need two houses in its Parliament? Justify. (200 Words)

NCERT Indian Constitution at Work (XI) Chapter 5

Answer:

[1]

India is Union of States. The wisdom of having two houses affirms our Constitution as Federal in nature.

Necessity of Two Houses: 1. Rajya Sabha reflects a federal character by representing the units of the Union. While Lok Sabha represents spirit of people. 2. Both Houses plays positive role in matters of Legislations. 3. They check on abuses of democracy in their own defined jurisdictions. 4. Two houses checks the tendency of Government to take populist measures under an unstable political Scenario. 5. Rajya Sabha also poses a moral authority over a care taker government (when LS dissolves) 6. Two vetoes (from two houses) on the matter of policies of Government give Democracy wider scope to become healthier. 7. Second Chamber members are much different from Elected Member of Lok Sabha. Most of RS members are experts in their field, like businessmen, historians, journalist, actors, law expert, etc. they helps in ushering and presenting aspirations of all kind freedoms provided by constitution of India in the parliament

The emergency situation when Lok Sabha is dissolved, only Rajya Sabha can take vital decisions in interest of nation and States. Example Kargil War (1999).

Two houses functioning in tandem because none is superior to other is real success of Representatives of People of India. Thus, diversity in India and the need for Cooperative Federalism justifies need of two houses in Indian Parliament.

[2]

Indian Constitutions has adopted many Westminster model features and Bicameral legislature with names Lok Sabha and Rajya Sabha is one among them. There is a need for these two at central level for following reasons.

1. Lok Sabha is to represent the will of the people through their representatives. For any democracy this is a common need and especially for India with Billion plus population Rule by People is a must.

2. Rajya Sabha can be termed as a think tank with indirectly elected representatives. It is needed as it is the wisdom of parliamentary affairs. Lok Sabha may not have sufficient knowledge on all issues; Rajya Sabha will come to the nation's rescue with eminent personalities in various fields.

3. Both Houses increase the legitimacy among people of the legislation done in the parliament. There is a possibility to correct mistakes done by any one house by the other.


4. Frequent change in governments will not affect Rajya Sabha unlike Lok Sabha and there will be continuity of consensus to some extent in parliament on issues which will help in decision making.

5. Rajya Sabha represents the equality of states which is a must when central and state governments are different, a typical scenario in India.

6. Guidance in terms of crisis like calamities, wars, contingencies etc. is provided by either of the house depending on their ability to make quick decisions.

Bicameral legislature in parliament provided a success formula across many countries starting with UK, USA, Japan etc. and Indian parliament also need both for making efficient use of both for better governance of the country.

2. The legislature in parliamentary system ensures executive accountability at various stages: policy making, implementation of law or policy and during and post implementation stage. Discuss the instruments that the legislature uses for this purpose. (200 Words)

NCERT Indian Constitution at Work (XI) Chapter 5 (Legislature)

Answer:

The makers of our constitution made sure that each arm of power could be held accountable for its actions by the other, by this logic, the executive, is accountable to the legislature for all its actions involving the implementation of laws or policies. The instruments the legislature uses to exercise these accountabilities are:

1- The Parliamentary debates on policies and amendments procedures, by which the legislature gets various points regarding the laws and policies clarified and sometimes amended if necessary.

2- The control of the legislature over the spending of government monies, through various committees set up for this purpose.

3- Parliament control over taxes, which cannot be imposed without the consent of the parliament.

4- Control over major moves by the government, like appointment of the president, amendment of the constitution, declaration of war etc.

5- Accountability of the council of ministers to the parliament and the ability of the parliament to express its loss of confidence in the current government.

All these measures make for a system of checks and balances in place thereby preventing the domination of any branch of the government, and ensuring that the country is governed according to the laws and spirit of the constitution.

3. Critically comment on the issue of appointment and removal of Governors of States in India, and the opinion of the Supreme Court and various committees on the same. (200 Words)

The Hindu

Answer:

---The office of governor has faced much ire in independent India, with the abrupt removal and resignations of various governors during the past decades.


---Due to the unclear procedure of appointment and removal of governor, as mentioned in the constitution, the ruling parties over time have used the office as a way to reward loyalists, by removing the person appointed to the post, by the previous ruling party. ---Such exercise does put the dignity of the office of the governor to question, but we also know that it is necessary for consensus to occur between the Governor and ruling party in a state, so as to ensure the smooth functioning of the state administration. ---Most of the time, the governors are ruling party loyalists, and there is a chance that they may not agree with some policies of a different party. ---To avoid such happenings, the SC in 2010, gave some recommendations:

1. The removal of governor by the President cannot be exercised in an arbitrary manner, and should have some strong cause in rare and exceptional cases of abuse of duty. 2. A change in central govt cannot be a cause of removal of governors 3. A decision to remove governors can be challenged in the court of law, removing the president as the sole authority to decide on removal of governors. ---Various committees over time have also given some recommendations on the issue:

1. Sarkaria Commission: Governors should not be removed before completion of five year term. The governors should get an opportunity to explain their conduct in a particular situation, which has made them liable for removal. 2. Venkatchalliah Commission: Governors to have security of tenure. CM should also be consulted before removal. 3. Puncchi Commission: the term Pleasure of president to be removed and the state legislature should be the removal authority. ---The governor at the state level holds the same amount of respect, as the President at the national level. So, the constitutional post should be given that honour and should not be made the target to settle political scores.

4. Recently the re-promulgation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015, created controversy regarding misuse of ordinance power by the government. Critically examine the issue and comment if, in your opinion, such re promulgations goes against democratic principles. (200 Words)

The Hindu

Answer:

Articles 123 and 213 of the Constitution empower the President and Governor with the power to issue ordinances i.e., a temporary law that is valid for a short period. Ordinances are essentially enacted to effectively deal with any emergencies that may arise when the legislature is not in session. This power, which is unique to the Indian Constitution, is envisaged to be of a special nature and must be used sparingly. However, of late, this power has grossly abused by the executive to enforce its will by force. An example of such misuse is the re-promulgation of the Land Ordinance (Amendment) Bill. The Government of the day having failed to convince the opposition in the Upper House of the need to amend the Land Acquisition Act 2013 took to the re-promulgating route, thus effectively bypassing the legislature. Such re-promulgation is against the democratic ethos in the following way: (1) The repeated re-promulgation of ordinances was held to be a "fraud on the constitution" by the SC in D C Wadhwa v. State of Bihar; (2) This amounts to a brazen violation of the doctrine of separation of powers, which is part of the


Constitution's basic structure. It is for this reason that the constitution envisages this power to be used sparingly. (3) The Land Ordinance has been re-promulgated on account of the Government's inability of having the bill passed in the Parliament. This does not amount to an emergency situation envisaged under A. 123. (4) The re-promulgation is undemocratic as the ordinance making process takes place behind closed doors that prevents public scrutiny of such exercise. While the power has been abused in the recent past, calling for its abolition is not an effective solution for the power has on many instances come to the aid of the executive in dealing with emergencies. Therefore, the problem is not with the existence of power, but with the way it is exercised. Solution lies in the executive exercising restraint for the lack of it mars its reputation in the eyes of the people.


Structure, organization and functioning of the Executive and the Judiciary; Ministries and Departments of the Government; Pressure Groups and formal/informal associations and their role in the Polity

1. What do you understand by Judicial Independence? How can the independence of judiciary be provided and protected in India? Critically examine. (200 Words)


Answer:

A countrys legal institutions are said to have Judicial Independence if they are,

1- Able to function independently without pressure.

2- Their judgments are carried out without any hindrance.

3- Appointments of Judges to their chair are without any bias or undue favour.

Indian Judiciary already has a high level of judicial independence, but we can strive to protect and further this independence by;

1- Stricter meritocracy in the appointment of judges, especially in the lower levels.

2- Enacting stricter laws for contempt of court as we have instances of rich and influential personalities regularly skipping trials and hearings.

3- Assigning special investigation teams to report directly to the court by passing concerned governments, this will increase the independence of court procedures and discourage interference of vested interests.

4- Discouraging judges from taking up posts like governorships after retirement, promise of which may compromise their freedom and the independence of court.

5- Appointing judges, through the NJAC, this gives a more balanced panel than the older systems and therefore increased impartiality.

The independence of the Judiciary is of paramount importance for a large and diverse democracy like ours, and by ensuring it we can further improve the peoples faith in our already reliable legal system.

2. How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights? Illustrate with suitable examples. (200 Words)


Answer:

[1]

Rule of Law is a condition in society where rights are respected, duties are performed, violence is evaded, equality is enforced and power is not abused by these authorities to eclipse the supremacy of law.

In Menaka Gandhi case in 1978, apex court substituted the due process clause in Article 21 instead of procedure established by law and initiated the process of judicial activism.


Instances of judicial Activism in protection of Part 3 of Constitution: 1. Orders issued on Cases relating to admission to professional colleges 2. Orders issued to close down factories and to tone up the pollution levels 3. Monitoring the quantum of rainfall and flow of water into irrigation canals 4. Calling for data on deforestation 5. Directing CBI to inquire into scandals, crimes, and custodial deaths, setting deadline for compliance 6. Courts have set aside the decisions of Speakers disqualifying legislators under the anti-defection law 7. Expanding scope of Article 21 for example: education to children, life with dignity, establishing green benches, etc.

Judicial activism is not apart from judicial activities. The essence of true judicial activism in the rendering of decisions which are in tune with the temper of the time, so it must not overreach judicial jurisdiction and respect division of powers demarcated in constitution of India.

[2]

---Judicial activism can be defined as the judicial rulings, where judges exercise their personal opinions/ opinion of the civil society, in order to ascertain the constitutionality of a law passed by the govt, and strike it down if need be. ---In several cases in Indias judicial history, such judgements have been passed, which helped in maintaining the sanctity of the fundamental rights, against the oppressive laws passed by the govt. ---The case of Keshavanada Bharti vs Union of India is the biggest example of judicial activism, where the judiciary introduced the concept of basic structure of the constitution, and flawed the govts plans of tempering with the fundamental rights at will. ---Also, other cases like AK Gopalan vs UOI, and the Shankari Prasad case, stand as good example, where the judiciary protected the right of judicial review by the courts in India. Recently, the judgements regarding allocation of coal mines and inclusion of NOTA button are also commendable instances of judicial activism. ---Such incidents have certainly helped in expanding the scope of FRs in the country since Independence by preventing the govt from abridging them at will, and helped the courts in initiating social change, wherever necessary (like in the case of introducing NOTA button). Also, judiciary has become the final authority to ascertain constitutionality of a law, so that the FRs are not abused in any way by any law, and this has ensured confidence of public upon judiciary. ---But such a tool should be used carefully, and should not become autocratic in nature. The constitutional fathers gave the provision of separation of powers for a good reason, and that boundary should be maintained and respected by all 3 divisions. The judiciary should intervene only when the govt fails to recognise a potential threat to the Indian citizenry, otherwise the law making process should be left to the legislative.


3. Today the Supreme Court of India is an active intervener in policy formulation. In the light of some of recent judgements of the Supreme Court, critically analyse the statement. (200 Words)

Livemint

Answer:

[1]

Supreme Court is a protector of Fundamental Rights and guardian of Constitution. It is the duty of government of any day to legislate and formulate policy in line with Fundamental rights and Directive principles of State Policy.

Recent and famous Supreme Courts interventions: 1. 2G case setting up SIT and ordering re-auction licenses 2. Coalgate quashing screening committee and ordering re-auction of coal mines 3. Keeping section 377 of IPC intact, stating social necessity, though against natural rights. 4. Quashing section 66A from IT Act, stating unconstitutional 5. Declaring that high courts would not entertain challenges to the orders of the Armed Forces Tribunal (AFT), making Arms forces lesser citizens.

Task of Judiciary is not to formulate policy, but, failure of good governance has forced judiciary to widen its limited role in democratic practices of the nation.

In cases like Sahara Group, high profile citizens mock SC jurisprudence, displaying weakness of executive which allows wrongdoers to bypass rule of law.

It is not to be proud of that Supreme Court intervenes in policy decisions, it matter of shame for government of union and states that they dont adhere to constitutional standards. Its shame for civilians who are responsible for electing lawmakers who had often mocked due process established by law.

If government considers recommendation of all stakeholders and experts to enact legislation, Judiciary will not need to intervene.

Lastly, such interventions is duty of Supreme Court, from which it can be relieved by apply good governance.

[2]

---While being true to its motive of imparting justice to the people of the country, SC has passed various judgements since independence, which have helped in upholding the said motive. ---The recent judgements, regarding striking the Section 66A of IT act as unconstitutional and introduction of NOTA button, have made the judiciary the final authority, to check the misuse of its power by the central govt, while formulating policies, which downgrade the freedom of equality among the citizens and has helped in providing them more freedom of speech in voicing their dissent against such discriminatory policies. ---Such judgements have helped in cautioning the govt against any anarchist rule, while maintain the rule of separation of powers simultaneously, as far as possible. ---But such judgements should be restricted to the areas, where the govt has failed to introduce any reforms since long, which is harming the interest of the citizens. For example, the judgement of imposing a blanket ban on the coal mining process recently, led to a serious loss to the manufacturing process in India,


along with the stoppage of supplies to the thermal power plants. ---The instances of bypassing the rule of separation of powers should be limited to some specific cases only, when the govt needs to be awakened regarding an issue, which has long been ignored and needs reforms. Otherwise, the policy formulation process is for the legislature to follow, and should be left to them.

4. The idea of an Indian judicial service on the lines of all-India services like the IAS or IPS has been considered in the past and abandoned. Do you think is there a need to reconsider this idea? Discuss. (200 Words)

The Indian Express

Answer:

[1]

Indian Judicial system is crippling with many problems and there are crores of cases pending before courts. When the legal system and what is ailing it is discussed, the diagnosis of the problem and prescription for the cure are traced to the doors of the government. Also, it is generally attributed to non-adequate courts and judges but the problem is different. Infrastructure issues, incompetent manpower and inefficient systems are responsible for both judicial delays and the poor quality of decision-making. Subordinate courts are run by judges and magistrates who are recruited through state level exams which are full of corruption, nepotism and influence peddling. These graduates generally from colleges where even there are no regular classes and students just read some books just to pass the exam. Rarely students from leading law schools sit in these exams. Solutions:

1) High-quality institutions in every state to train fresh recruits before they start hearing cases. There is no arrangement for rigorous training to hone and improve the inadequate skills of the recruits before they start hearing and deciding cases. 2) Indian judicial service on the lines of all-India services like the IAS or IPS It would attract much better law students from across the country, at once improving the quality of judges. After two years of intensive training at the National Judicial Academy, which already exists, the recruits could be assigned state cadres and posted across the country. 3) There is an urgent need for the judiciary to revisit the manner in which cases are heard and decided. a) Ceiling on the time each party can be given to adduce its evidence, documentary or human. b) There should also be a limit on the number of adjournments each side can seek. c) Consider disallowing certain types of disputes from admission all together. We really need to reform our judicial system so that people get justice on time and also our democracy is preserved for long time.

[2]

It is welcome to have young talents in the system. But, putting the structure of the service in the line of the Indian Administrative Service may not serve the purpose. Because:

1) In the present cadre management of the IAS, an officer selected by the UPSC and appointed by the Government of India is appointed to a particular state cadre and continues there for the whole of his career except when he is posted to the Central Government on "deputation". 2) This has deprived the service of an all-India culture and character and the result is that the officer


behaves like any other state government employee and does not know what is happening in other parts of the country.

The present proposal to have an IJS must take this problem into consideration. If you are confining an officer to a particular state, what is the necessity of creating an all-India service? These officers must have an all-India transfer liability and must be transferred at regular intervals like the officers belonging to the central services. Otherwise, they shall develop biases and lethargy.

If implemented in letter and spirit, the scheme will have its own distinct advantages:

1) Recruitment of judges right from the entry level will be handled by an independent and impartial agency like the UPSC through an open competition thereby ensuring fair selection of incumbents. 2) Attract bright and capable young law graduates to the judiciary, who otherwise prefer immediate remunerative employment in the government and the private sector. 3) For the subordinate judicial officers it would ensure equitable service conditions besides providing them with a wider field to probe their mettle.

In addition, the objective of introducing an outside element in court benches can be achieved better and more smoothly because a member of an all-India judicial service will have no mental block about interstate transfers. It will enrich their experience and make them better judges. At present judges of subordinate judiciary remain only in one state where they are appointed to work.

5. Recently the Union government notified the National Judicial Appointments Commission (NJAC) law. Critically analyse objectives and functions of NJAC and their effect on structure of Indian judiciary. (200 Words)

The Hindu

Answer:

[1]

With the notification of the union government for the establishment of the NJAC the two decade old collegium system for appointment of judges has to go. The NJAC will perform the following functions: 1.appointement of CJI 2.appoinment of SC judges 3.appointment of Chief justices and judges of HCs 4.transfer of chief justices and judges of HCs Effect on Judiciary: Proponents of the NJAC argues that the earlier collegium system of appointment of judges was afflicted by nepotism, patronage, corruption and opaque system of appointment. This created mistrust among the people and other judicial members about the credentials of the selected person, besides making the whole process opaque. NJAC is intended to bring to required transparency and a sense of accountability in the selection and transfer of judges. The NJAC would comprise the CJI as its head, two senior most judges of the SC, Union Law minister and two 'eminent jurists'(to be selected by PM ,LOP in LS and CJI).By including the executives and the 'eminent persons' in the selection panel it will curb the arbitrariness in the selection process. However, the members of judiciary argue that this will be against the separation of powers principle of the Indian constitution and interference by the executives. Their power of selection could be easily vetoed by the executives.


[2]

Finally GoI has notified the 99th constitutional (amendment) act and National Judicial Appointment Commission act; thus ending the two decade old collegium system of appointing judges to higher judiciary.

NJAC will be six member panel headed by CJI & will also include two senior most judges of SC, union minister of law and two eminent persons, nominated by a committee comprising of prime minister, CJI and leader of opposition or leader of largest opposition party in Lok Sabha.

Objective: NJAC act seeks to do away with opaqueness in appointment and transfer of judges of higher judiciary; replacing it by a broad based participatory process & ensuring transparency in judicial appointments.

Function: NJAC will recommend

1. Persons for appointment to higher judiciary.

2. Transfer of judges in case of high courts.

3. Ensure persons recommended are of merit, ability and fulfil other criteria mentioned in regulations related to NJAC act.

Criticism: legal fraternity feels that NJAC:

1. is ploy to bring judiciary within the ambit of executive; the act will limit judiciary in scrutinizing executive's malafide actions.

2. Compromises independence of judiciary; panel's non-judicial members can veto a candidate irrespective of views of three judicial members.

3. Give rise to sycophancy & favouritism as judicial members in panel might say ok to recommendations of political executives in hope for future favours; with judges being appointed as governors.

Although NJAC will prevent "judges from appointing brother judges"; but promotion of sycophancy is implicit in the act; the act should specify certain cooling off period before SC judges can be appointed to posts like governors.

[Comments]

Some extra pointers: Reference: http://www.advocatekhoj.com/bl...

What are the arguments against the collegium system? Experts point to systemic errors such as: 1)The administrative burden of appointing and transferring judges without a separate secretariat or intelligence-gathering mechanism dedicated to collection of and checking personal and professional backgrounds of prospective appointees; 2)A closed-door affair without a formal and transparent system; 3)The limitation of the collegiums field of choice to the senior-most judges from the High Court for appointments to the Supreme Court, overlooking several talented junior judges and advocates.

Frontline: http://www.frontline.in/static...


OTHERS: 1. Transparency in selection is not mandatory but only subjective. 2. Empowers NJAC to regulate its own procedure. 3. No obligation on Commission to make its selection process public or declare the rationale behind its decision. 4. Bill reveals that the NJC's recommendations for the appointment and transfer of Judges will be binding on the President. But it is silent on whether the NJC's advice to the CJI or the Chief Justice of a High Court, after an inquiry into a charge of misconduct or such deviant behaviour by a Judge, will be equally binding on those authorities. 5. In the Bill - There will also be a timeline within which the central government has to inform the NJAC of imminent vacancies, though there is no such timeline for the NJAC to complete its selection and make recommendations to the President.

* The NCRWC wanted to exclude political appointees from examining complaints of deviant behaviour against Judges and recommended that only a committee comprising the CJI and two senior-most Judges of the Supreme Court be empowered to do that. The NCRWC suggested the creation of the NJC only to choose Judges of the Supreme Court, not of the High Courts.

* The Committee on Judicial Accountability (CJA), a body of eminent legal experts, has criticised the Bill for what it lacks. The CJA has consistently demanded the creation of an NJC. However, in the CJA's view, the NJC should not include any member of the judiciary or the executive.

6. What are the goals and objectives of the National Mission for Justice Delivery and Legal Reforms scheme of government of India? Evaluate its performance. (200 Words)

India 2015, Chapter 20, Law and Justice

Answer:

The National Mission for Justice Delivery and Legal Reforms (NMJDLF) was initiated with the twin goals of (A) Reducing delays and arrears in judicial the system in order to increase access to courts; and (B) Enhancing judicial accountability through structural changes.

It aims to achieves these goals by meeting the following objectives: (A) Bringing about policy and legislative changes including policy initiatives to reduce government litigation, introducing amendments to important legislations besides bringing about legal education reforms; (B) Addressing the problem of delay by reforming court procedures, promoting ADR method, fast tracking court processes, and the use of information and technology. (C) Focussing on human resource development by filling in vacancies, strengthening judicial academies and training of court functionaries. (D) Promoting research and studies on judicial reforms. (E) Improving the physical infrastructure of district and lower courts besides the creation of special courts including e-courts.

Statistics show that as many as 3.20 crore cases continue to remain pending before various courts. The mission has resulted in marginal reduction in the pendency of cases in subordinate judiciary from 2.70 crore in 2011 to 2.68 crore in 2013. Neither has there been any monumental change in accountability framework. Therefore, the ground reality has not changed by very much - litigants continue to be denied justice. However, this does not take away from the fact that the reformation of the judicial framework in


India is a mammoth exercise, which will not crystallise overnight and in this context, the national mission is a step in the right direction.


Salient features of the Representation of Peoples Act

1. What do you understand by Delimitation of Constituencies? Examine its objectives and how delimitation affects the Representation of the People Act. (200 Words)

India 2015, Chapter 20, Law and Justice

Answer:

[1]

---Delimitation is the process by which the boundaries of constituencies, whether in the Lok Sabha or in the Vidhan Sabhas, are periodically redrawn, keeping the changing population in consideration, according to the latest surveys ---Objectives:

1. Like any democracy, India operates on the one-man-one-vote principle. Therefore, it is needed to counter the situation of constituencies of unequal size, which would mean that effectively each voter in a smaller sized constituency has a greater voice than those in larger sized constituencies. 2. This is also a constitutional requirement. The constitution stipulates that each state will be allocated seats in the Lok Sabha in proportion to its share in the population of the country and that each constituency within a state should also be determined on the same basis. 3. Also, it is needed to accommodate the changing demographics of reserved category population, after which the seats reserved for them can be changed accordingly. ---Representation of Peoples Act 1951 is an act enacted by the Indian provincial parliament before first general elections. The Peoples Representation act provides for the actual conduct of elections in India. It provides for the allocation of seats, delimitation of constituencies and the qualification of voters at such election and preparation of electoral rolls. ---Delimitation exercise affects the RPA act in the following way:

1. Leads to a change in the electoral rolls of the constituencies. 2. Increase in the seats of Lok Sabha/ Vidhan Sabha, to maintain an adequate the representative: citizens ratio, whenever the govt feels the need.

[2]

Delimitation is one of the basic pillars of a parliamentary democracy. Simply put, it refers to the process of fixing boundaries of territorial constituencies in a country or a province having a legislative body. In India, delimitation is carried out by the Delimitation Commission, set up after every census by an act of the Parliament in pursuance of Article 82. The following are the main objectives of this process: (A) Delimitation is based on the 'one man one vote' principle according to which in a democracy all voters should be able to cast a vote of equal weightage. Therefore, idea behind any delimitation exercise is to draw/revise boundaries of electoral constituencies in a manner that they are relatively equal in population. This ensures that each elected representative represents the same number of people, thereby upholding the one man one vote principle. (B) The other major objective of delimitation is to decide the quota of constituencies to be reserved for SCs and STs in proportion to their population. Periodic review of such constituencies is important in order to assimilate the changing demographic of the SCs/STs in the country. One of the crucial ways in which delimitation impacts the RPA is that it necessitates a revision of electoral


rolls due to the redetermination of boundaries. In addition to this, Section 8 of the RPA 1950 mandates the ECI update the description of the extent of the electoral constituencies.


Government policies and interventions for development in various sectors and issues arising out of their design and implementation

1. In the West, especially in America, a heated debate is going regarding the merits and demerits of using body-mounted cameras (Cop-Cams) on police officers. Critically examine why this ideas has been mooted and what are the main concerns with this strategy. Do you think such a policy can be used in India as a tool to bring reforms in policing? Comment. (200 Words)

The New York Times

Answer:

Cop cams, or Camera attached to body of Police is the new subject on which debate is Ongoing. Such Idea was mooted after recent Cases in which arbitrary actions by police officers were taken and some time it even took the racial colour it will help ~ in transparency, Evidence based Talking. Everything will be Videotaped ~ In time of civilian Running away , its image can be transmitted online at much ease ~ Abuse of power can be checked ~Computer ,chip and not human will be memorising the Crime Scene ~ less Likeliness of police authority to take unwarranted action of fear of being tracked. ~Society will me more transparent and open Concerns ~Privacy concerns ~ fear of Such Videos , being manipulated or Wired ~Various social relationships based on private sphere may get damaged ~ Camera being sign of Mistrust of both towards officer and fellow citizens ~ Affecting dignity of women , It may even affect one's culture or rituals For instance crime based in temple where videography wasn't allowed In India , which is multi ethnic ,multi-religious society , and had colonial roots which connected society with British Use of police forces on them . Already at many occasions it has been felt that police has not been able to win the trust of citizens. Including camera will only increase the mistrust between the police and Citizens .Along with these above concerns, there is also cost constraint. In fact a project of tracking the crime Like CCTNS is only a fraction of this project, which is still initiated in only 1-2 states [like HP]. Trust and Amicability between police and people can serve the purpose, so that they openly come and record statement rather Cameras hiding beneath shoulders

2. A properly designed and implemented procurement law is long overdue. It can improve financial management, and bring large financial and governance benefits. Elaborate and also examine what challenges need to be addressed in the implementation of such a law in India. (200 Words)

The Hindu

Answer:

[Framework] * Public procurement in India is about 30% of GDP and most vulnerable to corruption * Characterized by cartelization, rigging, monopoly, corruption, poor quality of procured goods and services etc.


Need of the hour is proper formulation and implementation of a public procurement law. Apart from reduction in corruption, ensuring access for government to best product and service at reasonable prices etc., it can bring in the following financial benefits : * Fiscal Savings (0.6-1.2% of GDP as per the Bill) and hence added fiscal space * Enhanced flexibility for government to channel expenditure into grow-enhancing areas * Shift towards rule-based institutional procurement Challenges in Implementation : * Enhancing data management capabilities and standardisation which will ensure transparency in public procurements. * Need clarity regarding multiple references to rules in the Bill which have led to confusion and ambiguity. *Need to upgrade infrastructure (For e.g. IT Infrastructure for e-procurement) and the skill sets of the officials involved in procurement exercise in-line with best practices. However, apart from these, certain other reforms like: * Changes in the Procurement Bill like simplifying objectivity, including post-tendering steps within the ambit of procurement, designating a nodal agency for procurement etc. * Strengthening CCI to check cartelization while procurement * Adoption of Global best practices like OECD Guidelines In Public Procurement These all steps along will go a long way in reforming the procurement process in India.

3. Recently the government proposed to introduce legal provisions to ensure that children between the ages of 16 and 18 are tried as adults if they commit heinous offences such as murder and rape. Do you think is it a step in right direction? Critically analyse. (200 Words)

The Hindu

The Hindu

Answer:

[1]

The govt recent proposal to introduce legal provisions that would allow children between ages 16-18 to be tried as adults if they commit heinous crimes comes at a time when large public debates started in recent times about the leniency in juvenile justice act. The new proposal mandates a transfer system which would allow

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