MAINS ANSWER WRITING TEST 3

Duration: 3 Hours Total Marks: 250 (10x10+15x10) Instructions 1) Kindly submit the answers in the PDF format on assignments@iqraias.com 2) There are 20 questions. All questions are compulsory. 3) The number of marks carried by a question/part is printed against it. 4) Answers to questions no. 1 to 10 should be in 150 words, whereas answers to questions no.

11 to 20 should be in 250 words. 5) Answer the Question within word limit as marked against question. 6) Handwriting should be legible so the evaluator has ease to evaluate it.

Q.1) Why is it necessary for a country to have a clear demarcation of powers and responsibilities in the constitution? What would happen in the absence of such a demarcation? (150 words) ANSWER: In any constitution the clear demarcation of power and responsibility is necessary to provide a robust support to the fundamental ideals of constitution. As in modern democracy government is formed by majority , so clear demarcation on powers is necessary to scrutinize power of majority and to preserve equality and freedom for all its members. The very idea of democracy can only be implemented by clear demarcation of power. It is necessary because 1-Clear division of powers which maximizes efficiency in legislation and execution of policies. 2-Mechanism of a check and balance in case of overreach 3-Clear set of responsibilities useful in prioritizing policies accordingly and reducing overlaps between organs. 5-Easier for people to understand as to approach whom for which problem 6-Reduces excessive concentration of power, hence its abuse and eases functioning of administration. 7-Helps make govt. accountable and brings a semblance of transparency. 8-Stabilises various departments, hence making their work more focused and specialized In the constitution makers made several provisions to achieve this objective- 1.They adopted for horizontal division of powers between different institution of government i.e. legislature , executive and judiciary.

2. They adopted for quasi federal structure of government to accommodate wide variety of diversity in India. 3. They introduced a method of checks and balances to ensure that no single institution acquires monopoly. Also they keep a check on other to give an accountable and responsible government to people. However in absence of such demarcation of power, the power will be concentrated in few hands or a single institution which will lead to a constant struggle for power as happened in Arab spring, emergency period of 1975 in India and in Nepal’s struggle for democracy. Such a concentration will lead to domination of majority and will give and irresponsible and corrupt government which will not be sensitive to people's need. It will destroy the basic fundamentals of liberty, equality and freedom. Q.2) What is the difference between the system of reservation of constituencies and the system of separate electorate? Why did the Constitution makers reject the latter? (150 words) ANSWER: India is a diverse country with multiple ethnic groups, multiple communities and religions living together. Since our constitution adopted the FPTP system, there was an imminent concern in the minds of constitution framers about majority domination. This would ultimately work to the disadvantage of the socially backward sections of the Indian society. Hence, they had two options before them, viz., the Separate Electorates and Reservation of Constituencies to address this concern. In the former, the representative and the voters must be from the same community for which the separate electorate has been provided. However, in reservation system, the whole electorate in the constituency is eligible to vote, but the candidate must be from the reserved community. This would ensure that the weaker sections get due representation. The flaws in separate electorate system were inherent during the colonial times where this system resulted in social fragmentation, communalism and ultimately the partition. This system creates a sense of alienation in the minds of a vast number of people in a constituency who are barred from voting and also a feeling of animosity between communities . Further it is against the cardinal principle of universal adult suffrage. Hence, the constitution adopted the system of reservation of constituencies for the weaker sections and also provided for safeguards for the minorities in order to ensure social justice. Q.3) The parliamentary system of executive vests many powers in the legislature for controlling the executive, Discuss briefly. Why, do you think, is it so necessary to control the executive? (150 Words) ANSWER: Executive being one of the three organs of the government has substantial powers along with few critical responsibilities related to formulation of policies, passing of various acts and

ensuring good governance in the larger interests of the nation. with executive being vital for day to day governance and policy formulation, It evidently has been more visible .So, as a hedge against executive becoming all pervasive and dominant among three organs, the mechanism of separation of powers and checks and balances are provided with legislative in the form of parliament being the vital and more active institution for oversight and control of the executive. Without these checks and balances there is a danger of executive becoming an omnipotent which endangers Indian democracy. It can lead to:- 1. curbing of powers of other organs through non legislative processes and bypassing of legislature for vital issues. 2. majority government may impose its whims on the country 3.emergency is the notable example 4.under the garb of governance, government can usher its agenda without any appraisal. Thus, there are many aftershocks which are to be nipped at the bud to avoid confrontation and confusion in political system which can have disastrous consequences to Indian democracy. Q.4) Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why? (150 words) ANSWER: Judicial activism means the proactive role played by the judiciary in the protection of the rights of citizens and in the promotion of justice in the society. The judicial activism can lead to a conflict between the judiciary and the executive because judicial activism has a great impact on the political system. 1. The line between Judicial activism and Judicial Overreach is very narrow. When Judicial

activism crosses its limits, it leads to Judicial Overreach. 2. It destroys the spirit of separation of powers. Thus damage balance between various organs

of government. 3. Judicial activism may lead to inactivity of legislature and executive, leading to running away

from duties and responsibilities which they hold for people of India. 4. In many cases, courts are often ill-equipped and lack experience to weigh the economic,

environmental and political costs involved like liquor ban case. 5. The executive remains “accountable” to the people through 5 year election process but

judges exercise self-regulation and are insulated from any external control and thus accountable only to themselves, and their own sense of their limits.

6. Sometimes when judicial activism is exercised it is done for solely selfish, political or personal reasons.

7. It reduces the trust people pose in the Parliament and elected representatives as frequent overreach signals executive inactivity and incompetency.

8. It appears as an act of ‘tyranny of unelected’ in a democracy.

In India judicial activism has played an important role in keeping democracy alive. Pronouncements like Keshavnanda Bharti case, Minerva Mill Case etc has helped in keeping all the organs of government in balance and help in keeping society healthy and progressing. Judiciary is expected to maintain its primary allegiance to the law and the Constitution i.e. to the text of legal instruments and legal interpretation, and to the body of judicial precedents. Q.5) What do you understand by Public Interest Litigation? In what way can public interest litigation help the poor? (150 words) ANSWER: A Public Interest Litigation (PIL) is introduced in a court of law not by the aggrieved party but by a private party or by the court itself.

PILs have become a potent tool for enforcing the legal obligation of the executive and the legislature.

The chief objective behind PILs is ensuring justice to all and promoting the welfare of the people.

It is generally used to safeguard group interests and not individual interests, for which Fundamental Rights have been provided.

The Supreme Court of India and the High Courts have the right to issue PILs.

The concept of PILs stems from the power of judicial review.

The concept of PILs has diluted the principle of locus standi, which implies that only the person/party whose rights have been infringed upon can file petitions.

It has most ideally and commonly been used to challenge the decisions of public authorities by judicial review, to review the lawfulness of a decision or action, or a failure to act, by a public body.

PIL can help the poor in following ways:

It can seek to protect the fundamental rights and better the living conditions of the poor.

It can allow public spirited citizens, social organisations and lawyers to file cases on behalf of those who cannot approach the courts.

The judiciary can also consider the cases, social organisations and lawyers to file cases on behalf of those who cannot approach the courts.

The judiciary can also consider the cases on the basis of newspaper reports and postal complaints received by the courts.

PILs have also expanded the idea of rights and thus, have led to formation of new norms for public good like clean air and water that have benefitted the entire society.

Q.6) “There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of peoples Act” Comment (150 words)

ANSWER: The Election Commission has established criteria for candidates contesting elections in the country. These criteria includes age and nationality but additional criteria have been determined through Representation of People’s Act, 1951. Criteria under Representation of People’s Act, 1951

The individual should not be an insolvent. Individual should not have been dismissed from government service for corruption or

indiscipline. Individual should file his election expenses within a stipulated time else he may be

disqualified. Individual should not be a contractor in an enterprise having 25% or more government

stakes. Individual should not have been convicted for an offence. Individual should not be guilty for preaching enmity between two or more groups. Individual should not be found to practice or propagate degrading practice such as

domestic violence, dowry, untouchability, child marriage etc. Need for simplification

Reduce time for conviction Often conviction under these laws take lot of time. This has reduced its effectiveness to prevent such offence in the country.

Demotivate offence Simplification and faster resolution will act as discouraging factor for reducing offence under the law. This will be beneficial in the long run.

De-criminalise politics This will be a step towards de-criminalising politics so that in future only eligible and people of dignity get to contest elections.

Measures to improve conviction Authority to election commission

Currently, election commission decides on disqualification under the law but after consultation with the court. There should be special court to decide on electoral offence.

Stringent observation There should be stringent observation carried out to check whether any violation of rules or regulations have taken place. This will help in tackling electoral offences.

Thus, simplification of procedure as well as stringent punishment will help in reducing corrupt practices in elections. Q.7) “The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss (150 words)

ANSWER: Article 76 and 78 deals with the Attorney General of India. The President appoints the Attorney General (AG). The person who is appointed should be qualified to be appointed a judge of the Supreme Court. That means, he should be a judge of some high court for five years or an advocate of some high court for ten years. Attorney General:

He/she must be a person qualified to be appointed as a Judge of the Supreme Court, also must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the President and must be a citizen of India.

The term of office of the Attorney General is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal. He

holds office during the pleasure of the President. This means that he may be removed by the President at any time.

Attorney General as Chief Legal Advisor and Lawyer of GoI: A law officer implies that the person is a lawyer. The Chief Justice of India is in no way a

law officer, as the CJI is the head of the Judiciary as an organ of State, just as the President and the Speaker are heads of the other two organs of State – the Executive and the Legislature.

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play.

The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI.

He is responsible to assist the government in all its legal matters. He gives advice to the Government of India upon such legal matters, which are referred

or assigned to him by the president under Article 143. He performs such other duties of a legal character that are referred or assigned to him by

the president. He discharges the functions conferred on him by or under the Constitution or any other

law. In the performance of his official duties,

o He appears on behalf of the government of India in all the cases in the Supreme Court in which the Government of India is concerned.

o He appears on behalf of the government of India in any reference made by the president to the Supreme Court under Article 143 of the constitution.

o He appears on behalf of the government of India in any case in a high court in which the Government of India is concerned, if the Government of India requires so.

Following are the Rights of the AG: In the performance of his duties, he has the right of audience in all courts in the territory

of India.

He has the right to speak or to take part in the proceedings of both the Houses of

Parliament and their joint sittings but without a right to vote. He has the right to speak or to take part in the meeting of any committee of the

Parliament of which he is named as a member but without a right to vote. He enjoys all the privileges and immunities that are available to a member of parliament.

Below mentioned are the Limitations placed on the Attorney General: He should not advise or hold a brief against the Government of India. He should not defend accused persons in criminal cases without the permission of the

government of India. He should not accept an appointment as a director in any company without the

permission of the government. Unlike the Attorney General of the United States, the Attorney General for India does not have any executive authority, but he is a part of the Union executive. Those functions are performed by the Law Minister of India. Also, he is not a government servant and is not debarred from private legal practice. Q.8) Vigilant citizens are a must for the successful working of a democracy. Comment (150 words) ANSWER: As democracy is all about government of the citizens, by the citizen and for the citizen, Vigilance of the citizen accelerates the successful working of a democracy. Vigilant citizen are a must for the successful working for a democracy this is because vigilance creates awareness about the rights of people. Vigilant citizen also creates awareness about the government that affects people in his or her daily life. By creating this awareness it leads to discussion and debate on the issues that arise out of the implementation of policies. Vigilant citizens are a must for the successful working of a democracy for the following reasons:

Vigilant citizens encounter the corrupt actions of their representatives and democratic government due to be aware in politics.

Vigilant citizens form a public opinion by forming associations, public meetings, etc. against the malpractices done by the politicians, i.e. defection, false commitments to people, to look after only their own individual or family members’ interest, etc.

Vigilant citizens keep a check on wrong policies issued by the government and corruption which endanger people’s lives and security as well.

Vigilant citizens can organise the campaign also to negotiate the interests of particular groups and demonstrations to persuade the government to change the laws if required.

Vigilant citizens aspire to create a better society by debating the actions of their representatives.

Vigilant citizen protest and organize demonstrations to persuade the government to

change the existing outdated laws or to frame or pass a new law and regulations. They are a must for successful working of a democracy because they possess awakening, reason and ability to reflect on the action of their representatives. Q.9) Rights place some limits on the authority of the state. Comment (150 words) ANSWER: Rights are: An entitlement to do as a citizen, individual or human being. Something that the society must recognise as being a legitimate claim to be uphold. To lead a life of respect and dignity, i.e. economic independence gives the right to fulfil the basic needs of a person by one’s talents and interests. Citizens enjoy the rights to express themselves freely in different ways to be creative and original.

The support of governments and law, direct the claimed rights towards the state, i. e. if

someone asserts one’s right to education, the state is called upon to make provisions for basic education.

Right to life obliges the state to make laws to protect from being injured by others. A society can expect the state to pursue policies to provide clean environment to be essential for good quality of life.

Rights not only indicate what the state must do, they also suggest what the state must refrain from doing, i.e. the state cannot simply arrest any person as per its own will, the state is supposed to give proper reasons for curtailing one’s liberty before a judicial court.

Rights ensure that the authority of state is exercised without violating the sanctity of individual life and liberty. Hence, it can be concluded that the sovereign authority, the laws it makes, may be enforced with force, but the sovereign state exists not for its own sake but for the sake of individual. The people always matter a lot and their well-being must be persuaded by the government in power. Q.10) Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this context, the role of the Estimates Committee (150 words) ANSWER: The functions of Parliament are varied, complex and voluminous. It has neither time nor expertise to control to make a detailed scrutiny of all legislative measures and other matters. Therefore, it is assisted by a number of committees in discharge of its duties. Eleven of the 22 Bills introduced in the monsoon session of Parliament were passed, which makes it a highly productive session after many years. But these Bills have been passed without scrutiny

by parliamentary standing committees, their purpose being to enable detailed consideration of a piece of legislation. Why have parliamentary committees?

1. Parliament is the embodiment of the people’s will. Committees are an instrument of Parliament for its own effective functioning.

2. Committees are platforms for threadbare discussion on a proposed law. 3. The smaller cohort of lawmakers, assembled on the basis of the proportional strength of

individual parties and interests and expertise of individual lawmakers, could have more open, intensive and better-informed discussions.

4. Committee meetings are ‘closed-door’ and members are not bound by party whips, which allows them the latitude for a more meaningful exchange of views as against discussions in full and open Houses where grandstanding and party positions invariably take precedence.

5. Members of Parliament may have great acumen but they would require the assistance of experts in dealing with such situations. It is through committees that such expertise is drawn into law-making.

6. Executive accountability to the legislature is enforced through questions in Parliament also, which are answered by ministers. However, department standing committees go one step further and hear from senior officials of the government in a closed setting, allowing for more detailed discussions.

7. This mechanism also enables parliamentarians to understand the executive processes closely.

Role of the Estimates Committee Estimates Committee compromises of 30 members solely from Lok Sabha. Its main agenda is to examine the estimates included in the budget and suggest

economies in public expenditure. It suggests alternative policies in order to bring about the efficiency and economy in

administration. It brings to the notice of the Parliament, the ineffectiveness of the policy and the need for

changes in policy. However, the effectiveness of the role of the committee is limited by the followings-

The power to examine the budget estimates is not an absolute one. The committee can only examine the budget after it is voted upon and not before that.

Nowhere the power to question the policies of the Parliament has been conferred upon the committee.

All the recommendations made by the committee are advisory in nature and stand non-binding for the parliament.

In a year, the committee does not examine the budgets of all the ministries/departments. It chooses a few departments whose budget it wants to examine. Therefore, budget estimates of all the ministries/departments are examined over a period of years and not in one year.

Way Forward:

1. Their work could be made more effective if the committees had full-time, sector-specific research staff.

2. The national commission to review the working of the Constitution has recommended that in order to strengthen the committee system, research support should be made available to them.

3. Currently, the rules of Parliament don’t require every bill to be referred to a parliamentary committee for scrutiny. While this allows the government greater flexibility and the ability to speed up legislative business, it comes at the cost of ineffective scrutiny by the highest law-making body. Mandatory scrutiny of all bills by parliamentary committees would ensure better planning of legislative business.

Q.11) The concept of cooperative federalism and competitive federalism has been increasingly emphasized in recent years. NITI Aayog has a major role in achieving cooperative and Competitive Federalism. Elucidate (250 words) ANSWER: Cooperative Federalism is a concept of federalism in which the union and state governments interact cooperatively and collectively to solve common problems through mutual understanding. The NITI Aayog pushed for competitive "cooperative federalism" in 2017, believing that this formula will transform the relationship between the Center and the States. . In one of the meetings, chief secretaries of states exhibited the best practises being implemented in their various countries, in an effort to promote cross-fertilization of ideas. The functioning of the Aayog looks to have a silver lining because it allows states to compete with others to promote governance innovations in the spirit of "cooperative, competitive federalism." One of NITI Aayog's main goals is to create a dynamic institutional structure where "eminent individuals outside the government system" can participate in policy development. Given the greater scope for states to work together and learn from each other, it is obvious that for federalism to work well, these states must also fulfil their role in promoting shared national objectives. Challenges ahead: Few reforms in the 7th schedule of the Indian Constitution, cutting across party lines when public interest is at stake, maintaining constitutionality above personal gains are few key issues before the successful implementation of the cooperative federalism. Q.12) “The local self-government system in India has not proved to be an effective instrument of governance”. Critically examine the statement and give suggestions to improve the situation. (250 words) ANSWER:

According to the 73rd and 74th constitutional amendment acts local self-governments has given constitutional status. Since then it has become a constitutional mandate on the part of the states to make sure that local self-governments work properly. Most of the welfare activities performing considerably well. Despite of that there were serious problems threatening the gross root democratic institutions of the country.

The local self-government was implemented by the 73rd and 74th Constitutional Acts in 1992 where they were envisaged as the effective instruments of governance. They have not lived up to this expectation, because: They are regarded as subordinate departments by state governments. Lack of political will Lack of adequate support by Central government to make them viable. Lack of awareness in citizens Conflict of interest with regard to district administration as in some states,

developmental functions are taken by District Magistrate. E.g.- MPLAD Scheme. Increase in corruption.

Measures to Improve the Status of LSG (2nd ARC)

Clear definition of functions for each level of local government in case of each subject matter.

State Finance Commissions should evolve objective and transparent norms for devolution and distribution of funds.

Capacity building efforts must attend to both the organisation building requirements as also the professional and skills upgradation of individuals associated with these bodies.

Putting in place a well-delineated activity mapping for LSGs. Way forward

Local self Government must be assigned with proper distribution of powers. Providing more autonomy in governance Proper funding and allocation of resources Looking after the matter of disguised candidate Launching of skill up-gradation and digital literacy program

Q.13) “The Comptroller and Auditor General (CAG) has a very vital role to play.” Explain how this is reflected in the method and terms of his appointment as well as the range of powers he can exercise. (250 words) ANSWER: The CAG is a constitutional body under Article 148 of Indian constitution that acts as an auditor of government finances. The CAG will ensure that public funds are utilised optimally and also helps in monitoring government owned enterprises. His appointment and powers reflect the importance of his office. Appointment of CAG

The CAG is the chief auditor of government and hence he needs to be a neutral entity

without any political affiliation. Hence he is appointed by the President under his hand. The CAG has immunity against biased removal from office. He can be removed only by

the President. His tenure is fixed for 5 years or 65 years of age. His salary and pensions are charged on the Consolidated Fund of India and hence non-votable.

Powers of CAG The CAG has the power to audit the finances of the government including the annual

expenditure, the budgetary allocation and also check for misappropriation of funds. He is empowered to act as a friend and philosopher to the Public Accounts Committee in

auditing the government finances. The CAG has authority to audit the finances of government companies as well as

companies having majority government stakes in order to ensure their efficient functioning.

He can even audit the finances of the state government including its institutions and companies.

He can audit the local body institutions such as panchayats, district council, zonal council etc. Other than that he can also audit any other institutions if requested by the government of a particular state.

The major difference in functioning of CAG in India and other countries like Sweden is that, in India CAG has function of auditing after funds have been spent whereas elsewhere the CAG will be a comptroller who can even control spending of funds.

The CAG is non eligible for further employment with the government after his retirement so as to keep his office away from conflict of interest.

Thus, the functions of CAG is very important in parliamentary democracy to implement accountability and transparency. Therefore the appointment and powers are designed to reflect the importance of his office. Q.14) India needs a comprehensive disruptive strategy to tap the potential of the tourism and Hospitality sector. Comment (250 words) ANSWER: The tourism and hospitality sector has huge potential in India.

The employment generation capacity of the sector is much higher compared to the agricultural or manufacturing sector i.e; it can generate a large number of jobs for a given investment.

The growth in this sector has multiplier effects on income generation as it is employment-intensive. This could help achieve the elusive “inclusive growth” ideal in India.

The tourism sector, unlike many other sectors, can grow with smaller capital investments and that too without any industrial gestation period. This becomes all the more important for a developing economy like India which is perennially faced with the challenge of resource mobilization for its economic growth and development

Recommendations: Skilling the workforce: There is a need to train the workforce in India so that workers can develop the skills to

perform jobs in the travel and tourism sector. Public-private partnership: There is a need to push for public-private partnerships to tackle the challenges in the tourism

sector of India. Travel and tourism startups should be encouraged with active support from the government

for ideation and access to finance. Use of technology: Frontier technologies like blockchain technology should be harnessed for use in the sector.

Blockchain ledger coupled with IOT devices for healthcare could have a positive impact on medical tourism.

Blockchain-based money solutions could help kick-start local tourism industries. India needs a comprehensive disruptive innovation strategy to tap the potential of the tourism and hospitality sector to create employment opportunities and create avenues for economic growth. Q.15) Discuss the key provisions of Drone Rules 2021. Drone based delivery model may prove a game changer in addressing challenges in health sector. Elucidate (250 words) ANSWER: “Drone” is an aircraft that can operate autonomously or can be operated remotely without a pilot on board. Here are some key provisions of the Draft Drone rules, 2021 Reduction in number of forms: The number of forms to be filled to seek authorisation before

operating a drone has been reduced from 25 to 6. Approvals abolished: many important approval requirements have been abolished, like

Unique prototype identification number, certificate of maintenance, Import clearance, etc. Relaxation for R&D entities: Further, no such approvals will be required for drones used for

R&D by entities and educational institutions recognized by the Central government, State governments, or Union Territory Administrations.

No pilot licence will be required for micro drones used for non-commercial use, nano

drones.

There will be no restriction on drone operations by foreign-owned companies

registered in India.

Drones can be used in delivering important life-saving medicines, collecting blood samples. This technology can also be used in critical situations. It may prove a game-changer in addressing the challenges in health care delivery, particularly health supplies, in difficult areas. Drones can offer immense opportunities for economic growth and employment generation. Therefore, there is a need to regulate drone-related activities in a manner such that they do not pose any risk to the safety or security of people and assets. Q.16) Why is the 42nd amendment of Indian Constitution often referred as Mini-Constitution? (250 Words) ANSWER: 42nd Constitutional Amendment Act, sometimes called ‘mini-Constitution’ or ‘Constitution of Indira’, is the most comprehensive amendment carried out in the year 1976 during an internal emergency (1975-1977). It has brought about widespread changes to the Constitution most of which were curtailed in the 44th Constitutional Amendment Act 1978. The main purpose behind the enactment of the amendment was to trim the powers of the judiciary with regard to the issue of judicial review and writs and strengthen the central government, aftermath of the kesarvandana Bharti case. Some of the changes made under the Amendment are-

1. Preamble –The characterization of India as “Sovereign Democratic Republic” was changed to “Sovereign Socialist Secular Democratic Republic”. The words ‘unity of Nation’ replaced with ‘unity and integrity of Nation’.

2. Parliament and State Legislature - Life of Lok Sabha and State Legislative Assembly was extended from 5 to 6years.

3. Judiciary Insertion of Article 32A in order to deny the Supreme Court the power to consider the Constitutional validity of State law. Another new Article 131A gave the Supreme Court an exclusive jurisdiction to determine questions relating to the Constitutional validity of central law.

4. Executive Article 74(1) was added, which stated that the President shall act in accordance with the council of ministers.

5. Federal Insertion of Article 257A, to enable the Centre to deploy armed forces to deal with any grave situation of law and order arising in any State.

6. Emergency - It authorized the President to declare an emergency in any part of the country.

7. Directive Principle of State Policy- Four new directive principles were added a. To secure opportunities for healthy development of children (Article 39) b. Enabling free legal aid Article39A, c. Protection of workers in factories Article 43A, d. Protection of environment and to safeguard Forest and Wildlife Article 48A

8. Fundamental Duties- Part IVA was added to the Constitution enabling Fundamental Duties to the citizens.

9. Articles 323A and 323B, Part XIV-A - Part XIV-A added entitled as ‘Tribunals dealing with

Administrative matters’ and ‘Tribunals for other matters’ 10. 7th Schedule Transferred five subjects from the state list to the concurrent list: Education,

Forests, Weights & Measures, Protection of Wild Animals and Birds, Administration of Justice

A Constitution to be living must be growing. Using Article368, the 42nd Constitutional Amendment Act of 1976 has touched upon almost all the parts of the Constitution, disturbing the balance between Government and Judiciary on one hand and federal balance between Centre and State on the other. This imbalance was restored by 44th Constitutional Amendment Act of 1978. Q.17) The Indian Constitution is the synthesis of the British Principle of Parliamentary sovereignty and the American Principle of Judicial Supremacy. Discuss (250 Words) ANSWER: The principle of sovereignty of Parliament is related with the British Parliament while the principle of judicial supremacy with the American Supreme Court. The Indian parliamentary system differs from the British system and the scope of judicial review power of the Supreme Court in India is narrower than US. The Supreme Court can declare the parliamentary laws as unconstitutional through its power of judicial review. The Parliament can modify the major portion of the Constitution through its constituent power. The doctrine of sovereignty of Parliament is associated with the British Parliament while the principle of judicial supremacy with that of the American Supreme Court. Just as the Indian parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in US. This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21). Therefore, the framers of the Indian Constitution have preferred a proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy. The Supreme Court, on the one hand, can declare the parliamentary laws as unconstitutional through its power of judicial review. The Parliament, on the other hand, can amend the major portion of the Constitution through its constituent power. Q.18) How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the above, discuss the constitutional validity and competency of the tribunals in India. (250 Words) ANSWER: A Constitution Bench of the Supreme Court struck down in entirety Rules framed by the government under the Finance Act of 2017 to alter the appointments to 19 key judicial tribunals, including the Central Administrative Tribunal.

Tribunals are quasi-judicial duties created by the 42nd Amendment Act which added Articles 323A(Administrative Tribunals) and 323B(Tribunals of other matter). Constitutional Validity of Tribunals The Supreme Court in landmark L. Chandra Kumar case (1997) held that the Tribunals constituted either under Article 323A or under Article 323B of the Constitution, possess constitutional validity. How do the Tribunals curtail the jurisdiction of ordinary courts?

Being a quasi-judicial body Tribunals go against the Doctrine of Separation of Powers and allows dilution of judicial mechanism – the exclusive arena of ordinary courts.

Conferring a direct right of appeal to the SC from tribunals has changed the SC from a constitutional court to a mere appellate court and has also resulted in a backlog of cases.

Competency of Tribunals Tribunals like NGT, NCLAT, CAT have emerged as efficient institutions of rendering justice due to benefits such as:

Flexibility of procedure – as rigid procedures and evidence ordeals of courts are not followed, rather it goes by the principle of natural justice.

Provide efficiency in dispensing justice due to cost and time effectiveness. Unburdening of judiciary– They have helped in significantly reducing the burden of the

judiciary, though appeals can be made there. Specialisation through expert involvement – saves time and increases effectiveness.

Despite such challenges, tribunals are great resources in rendering justice in government, reducing conflicts and disputes related to public officials who are agents of good governance. They can be reformed through processes such as:

Qualifications: In Union of India vs. R. Gandhi (2010), the Supreme Court said that when the existing jurisdiction of a court is transferred to a tribunal, its members should be persons of a rank, capacity and status as nearly as possible equal to the rank, status and capacity of the court.

Independence: The administrative support for all Tribunals should be from the Ministry of Law & Justice. Neither the Tribunals nor its members shall seek or be provided with facilities from the respective sponsoring or parent Ministries or concerned Department.

Accessibility: Tribunals must have benches in different parts so as to ensure that they are accessible.

Appointments to members: should be done by an impartial and independent selection committee.

Given their benefits, tribunals should be revamped keeping in mind the 272nd Law Commission report for the restructuring of tribunals and the ruling of SC in Chandra Kumar Case and bringing tribunals under independent agency. Hence, tribunals are meant to supplement ordinary courts and cannot supplant them. Q.19) Compare the discretionary power of President of India and Governor of a state.

(250 Words) ANSWER: The Indian constitution provides for Office of President and Governor and as BR Ambedkar said, they need to act as figureheads while the real power lies in the democratically elected governments. However, in certain respects both these figureheads enjoy discretionary powers which may be compared as follows: Deciding discretionary power: The power to decide whether the matter is discretionary or not itself lies with the Governor but such is not the case with President. Govt formation after election: If no party has got the full majority, it is discretionary for both of them to call the single largest party / coalition of parties to form the government. In this both enjoys the same powers Bills: While the governor can reserve the bill (even Money bill) for the President, the latter is bound to sign the money bill presented by Parliament. Military powers: Final authority in the cases pertaining to Martial laws is rested in President's hands while no such power is enjoyed by Governor. Also, capital punishment can't be exempted by the Governor and only President can do so. Article 356 in state: President's rule to be imposed or not in the state, is discretion of the Governor Thus scope of President's discretions are lesser in comparison to Governor. However it is to be noted that President himself appoints governors of the states and there is no security of tenure. Supreme Court also held that Governor is not an agent of the Centre. Also, discretionary powers are not be enjoyed in arbitrary and whimsical manner. For ex- Art 356 should be 'sparingly' used and all possibilities of formation of alternative govt must be explored before recommending for President rule. Q.20) Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed? (250 Words) ANSWER: Ordinance making power was introduced in the Indian councils act of 1861 and is clearly a legacy of the British rule. The ordinance making power of the president as per our constitution is to be used as an emergency measure when any one or both the houses of the parliament

are not in session. But many times this power has been and is being used against the spirit of article 123 of our constitution. The separation of power doctrine as proposed by Montesquieu is implicit in the Constitution of India and is also upheld by the Supreme Court. But the rationale behind ordinance provision is to tackle situations of crisis which are vital for national interest. When both houses or any one of them is in recess, there is no way out except the ordinance route. However, recently the increased numbers of ordinances have been promulgated by the incumbent government in the last year has brought this issue to renewed debate. The major example being the Land Ordinance, which was promulgated thrice, but the bill was defeated in the Rajya Sabha. Opposition accused the government of taking the ordinance route and bypassing the legislative procedure. In this regard, Supreme Court’s judgment held that ordinance route is not the parallel power of the executive to legislate and executive cannot undermine the separation of power, which provides the Parliament the unparallel authority to make laws and policies for the people of the country. Though Supreme Court’s decision has facilitated the promulgation process, however, it cannot be denied altogether that ordinances have helped the government to overcome many unfavourable and difficult situations. Thus, ordinances serve their purposes, if used judiciously. There is not a need to repeal the instrument, rather to be used as a saviour of national interest only.