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SYNOPSIS
Financial oversight is one of the key functions of a legislator. Indian
parliament since long has not been emphasizing discussing the fiscal
matters in the parliament.
Data shows that since 2000, Lok Sabha has not spent more
than 45% of its time discussing the budget.
In 2013, Parliament did not discuss the budgetary proposals
of any ministry (demand for grants).
In the case of Bills, the debate hardly ever goes into their
fiscal implications. Financial memoranda of Bills only
provide the estimated expenditure at the Union level.
In this scenario, nonpartisan research is a valuable resource for
legislators in democracies.
Many democratic governments around the world have research
organizations that support the legislative branch.
These research organizations provide nonpartisan, objective and
credible information on policy issues to members of the legislature.
This research can be beneficial in several ways:
Encourages Cross-Party Alliances: It helps lawmakers
draft more informed legislation and encourages cross-party
alliances on legislative issues.
Better respond to Constitutional Needs: It helps
legislator’s better respond to constituent needs.
Better Engagement with Executive: It can strengthen the
parliament’s ability to engage with the executive branch and
push back when necessary on issues of importance to citizens.
In short, high-quality, objective, nonpartisan research
provided to members of parliament in a timely manner
contributes to the parliament’s influence and effectiveness.
Part 2:
There are many issues that holding back members of Parliament
(MP) from questioning the executive on fiscal matters.
Q1. We need tools that strengthen the legislature's capacity to hold the
executive responsible in fiscal matters. In light of this statement
examine the need for a non-partisan budget research and analysis body
like PBO (Parliamentary Budget Office) for India.
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The problem may be a lack of expertise among MPs and lack
of access to objective and high-quality research that is
independent of the executive.
MPs in India do not have a staff of high-quality researchers
(unlike in other developed democracies) to help them gain
expertise in budgetary matters.
The institutional research support within Parliament such as
a library and reference service are limited due to resource
constraints.
In this context, the establishment of a parliamentary budget office
(PBO) for India is very necessary to meet this crisis.
PBOs provide legislators with a high-quality analysis that is
independent of the executive.
They specialize in objective and policy-neutral analysis on
the full budget cycle, the broad fiscal challenges facing the
government, budgetary trade-offs and the financial
implications of legislative proposals.
Such research can raise the quality of debate and scrutiny in
Parliament as well as enhance fiscal discipline. Most
importantly, it strengthens the role of Parliament in financial
oversight.
It noteworthy to say that the Indian legislature is unable to scrutinize
every matter in detail on the floor of the house related to fiscal
matters. Here, PBO can play a vital role in protecting legislatures and
their control over finance and budgeting from an increasingly
stronger executive. Though not a panacea, the PBO is a relatively
cost-efficient way to solve the above-mentioned problems.
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SYNOPSIS
Intro
Information and communications technology (ICT) is an
extensional term for information technology (IT) that stresses the
role of unified communications and the integration of
telecommunications (telephone lines and wireless signals) and
computers, as well as necessary enterprise software, middleware,
storage, and audiovisual systems, that enable users to access,
store, transmit, and manipulate information. It aims to help in equitable access to technologies which results
in e-governance For instance- The implementation of e-Kranti is
vital for Digital India and for the delivery of e-governance, easy
governance and good governance in the country.
It aims in providing penetration of technologies, disbursing
of funds to the local governance such as Municipal
Corporations, gram Panchayats etc.
BODY
With the inculcation of ICT, various applications were
designed by central as well as state governments which lead
towards strengthening of PRIs (Panchayati Raj Institutions)
for rural reform.
In India ICT applications such as Warana, Dristee, Sari, Sks,
E-Chaupal, Cybermohalla, Bhoomi, E-Mitra, Deesha, Star,
Setu, Friends, E-Seva, Lokmitra, E-Post, Gramdoot,
Dyandoot, Tarahaat, Dhan, Akshaya, Honeybee, Praja are in
functioning for local governance.
Panchayat Committee: Panchayats Constituencies have a
major role in NDLM. The Digital Literacy Mission (DLM) is
creating multi-stakeholder, consortium and working with
government to showcase in some of those panchayats
constituencies that how making them digitally literate can
change the scenario of governance, empowerment, social
inclusion, educational approach and employment.
Q2.Discuss the role of ICT intervention in local governance
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Benefits for ICT in Local Governance
1. Quality of public delivery- With the timely delivery of public
service resulted into smooth functioning of the administration.
Moreover it will help in moving one step closer to achieve the
objective of The Aadhaar (Targeted Delivery of Financial
and Other Subsidies, Benefits and Services) Bill, 2016
2. High Transparency- With the use of ICT, it leads to high
transparency and accountability to the citizens. It will help in
increasing consumer awareness regarding their rights.
3. Less time consuming- Everything is at the click of the mouse.
4. Cost Effective- It is cost effective and economical at the end of
the day yet, achieving its objectives.
5. Helps in achieving digital literacy- It will make India a digital
economy. And will accomplish the goal of Digital India.
Challenges
1. Lack of skilled expertise- Due to lack of skilled manpower,
ICT has not achieved the requisite result.
2. Internet speed is very low- The speed of the internet is very
low in India. The average cellular download speed in India is
6.7 mb/s whereas it’s 28.3 mb/s for South Korea.
3. Lack of digital literacy- The digital literacy is very low in
rural areas.
4. Ignorance attitude towards digital society esp. in rural areas.
5. Fear of fraud- Deep rooted cultural ties, orthodoxy in rural
areas resists them to adopt to the new technologies like ICT.
INITIATIVES
1. National e-governance Policy - The National e-
Governance Plan (NeGP) , takes a holistic view of e-
Governance initiatives across the country, integrating them
into a collective vision, a shared cause.
2. National Digital Literacy Mission Programme is a
dynamic and integrated platform of digital literacy
awareness, education and capacity programmes that will
help rural communities to take lead in the global digital
economy and help them in maintaining the competitiveness
and also shape a technologically empowered society. NDLM
is an effort to complement the objectives of National Optic
Fibre Network (NOFN) plan to transform one from each
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household as digitally literate. Under NDLM, we pledge to
work with multi-stakeholder to Digitally Literate at least one
adult from each of 147 million rural household of India.
3. Pradhan Mantri Gramin Digital Saksharta Abhiyan
(PMGDISHA) - envisages making one individual digitally
literate in every rural household. It’s an extension to National
Digital Mission and Digital Saksharta Abhiyan
4. Common Centre Services- Common Service Centres
(CSC) scheme is one of the mission mode projects under the
Digital India Programme. CSCs are the access points for
delivery of essential public utility services, social welfare
schemes, healthcare, financial, education and agriculture
services, apart from host of B2C services to citizens in rural
and remote areas of the country. It is a pan-India network
catering to regional, geographic, linguistic and cultural
diversity of the country, thus enabling the Government’s
mandate of a socially, financially and digitally inclusive society.
Other application of ICT
1. Health- ICT helps in maintaining the large amount of data
related to patients’ name, name of the hospital, patients’
medical history etc.,
2. Education- ICT services in schools will help students gain
digital skills and improve the overall education standard of
schools across India. Having ICT devices in schools is not
enough; students must have access to those devices, which is
often not the case because teachers share the belief that
children will mishandle the device. This is also a result of a
lack of digital literacy among the teachers who also need to
be introduced to the best practices in order to impart digital
education among children. Overall changes in the education
system are required to promote the ICT skills among the
youth of India.
3. Tourism- It will help to attain the Smart Tourism, objectives
of Smart City Initiatives.
4. Traffic- ICT helps in efficient, organized management of the
traffic system.
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WAY FORWARD
1. Synchronization with Goal Number 9 of SDG
(Sustainable Development Goals of UNDP): Industry,
Innovation and Infrastructure- Investment in infrastructure
and innovation are crucial drivers of economic growth and
development.
2. SMART CITY INITIATIVE- The role of ICT is important
in order to achieve the goal of smart city.
3. It is useful in modifying various archeological building
that needs renovation, conservation. Such as – Recent
Ministry of Housing and Urban affairs has decided to modify
the design of Parliament House, North Block, Rashtrapati
Bhawan in Capital city of Del
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SYNOPSIS
Intro
Electoral reforms refer to the introduction of the best practices in ensuring
better democracy, clean politics, fair elections, ideal members of
legislative houses, true representation and so on. Articles 324-329 of the
Indian Constitution deal with elections and electoral reforms.
Why reforms needed?
1. In order to free the election processes from muscle and
money power
2. Prohibiting the nexus between business and politics
3. Fair registration and recognition of the political parties and
without any kind of influence
4. Solution of delisting of illiterate voters
5. Non-partisan role of media
6. Applying the model code of conduct efficiently
7. Streamlining the preparation of electoral rolls
8. Expediting the election processes
Reform required
1. In the appointment process - A collegium system of
appointment (As suggested by Tarkunde Committee,
1975 and the Goswami Committee, 1990) should be
considered. This will help in changing public perception
that election commissioners have been appointed by a
particular government, they will be soft towards it.
2. Removal of election commissioners - removal of other two
ECs should be similar to the impeachment process of chief
election commissioner, making it independent of
government discretion.( Best practice-South
Africa: Election Commissioners are appointed by the
President on the recommendations of the National Assembly,
following nominations by a National Assembly inter-party
committee, which receives a list of at least eight candidates).
Q3. Suggest necessary reforms needed to ensure the
independence of Election commission of India by giving suitable
reasons
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3. Making MCC more efficient - In order to make it a
weapon against electoral malpractice, backed up by the
threat of postponement of elections and the countermanding
of results.
4. Power to de-register political parties - This is because
despite being the registering authority under Section 29A of
the Representation of the People Act, 1951, it has no power
to de-register them even for the gravest of violations. This
power will ensure election commission to fulfil its
constitutional mandate – conduct free and fair elections.
Steps taken
1. Election Commission – voluntary code of ethics formulated
by Internet and Mobile Association of India (IAMAI) for
Social Media.
2. Umesh Sinha Committee – even social media companies
have to observe a ‘silence period’ of 48 hours before voting.
3. Voter’s awareness – SVEEP and cVigil (where anyone can
report election malpractices) app of ECI.
Way forward
1. Re-inventing consistently - EC should continuously reinvent
its powers given to it under the Indian Constitution as done
by many previous CECs like T. N. Seshan.
2. Recognize the diversification of campaign media -
Recognising the diversification of campaign media is the first
step towards addressing the rampant flouting of the MCC.
3. Voters awareness - Voter Awareness is an ultimate and
effective solution, which makes candidates more accountable
to their voters and stops the flouting the MCC every now and
then.
Conclusion
The existing position cannot sustain itself for long as the
governments from time to time will try to influence the
constitutional office of the Election Commission. Therefore as
per the Supreme Court order the commission needs to act
decisively against offenders, reduces the status of the poll panel
to that of a minor in need of guardianship.
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Model Answer
Intro
Over the alleged efforts to pressure Ukraine to investigate Joe Biden, the
US House of Representatives have launched an impeachment inquiry
against President Donald Trump.
Impeachment is a provision that allows Congress to remove the President
of the United States.
Under the US Constitution, the House of Representatives (Lower House)
has the “the sole power of impeachment” while the Senate (Upper House)
has “the sole power to try all impeachments”. The Chief Justice of the US
Supreme Court has the duty of presiding over impeachment trials in the
Senate.
Body
U.S President Indian President
Grounds for removal: The
President can be removed from
office for “treason, bribery, or
other high crimes and
misdemeanors”
Grounds for removal: The president
may be removed from his office
before the expiry of his term, for
“violation of the Constitution”
Process followed for U.S President:
Q4. Compare the impeachment process of president of India
with that of U.S President.
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Process followed for Indian president:
Impeachment process can be initiated by either house of the
parliament.
Let’s assume that charges were initiated in Lok Sabha/House of
people.
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Model Answer
Approach:
Intro
An honour killing or shame killing is the murder of a member of a
family, due to the perpetrators' belief that the victim has
brought shame or dishonor upon the family, or has violated the principles
of a community or a religion, refusing to enter in arranged marriages,
being in a relationship that is disapproved by their family,
having premarital or extramarital, or engaging in non-heterosexual
relations or renouncing of faith.
Recent examples:
1. The Manoj–Babli honour killing case was the honor killing of Indian
newlyweds Manoj Banwala and Babli in June 2007 and the subsequent
court case which historically convicted defendants for an honour killing.
2. Varmor honor killing Ahmedabad 2019.
Body
Reasons of prevalence of honor killing in India:
Strong misogynistic views: In traditionally male dominated
society, Women are viewed as property and not as individuals
with their own agency. As such, they must submit to male
Q5. Examine the need for a comprehensive law to curb killings
in the name of honour and prohibit interference in matrimonial
choices of individual.
Intro: Define honor killing or mention recent incidents of honour
killing or mention data regarding honor killing. Explain honor killing as
social evil.
Body:
Reasons of prevalence of honour killing in India.
Why there is need of law to curb honour killing.
Supreme Court judgements and law commission
recommendation.
Conclusion: Measures to eradicate honor killing and conclude with the
need of urgency of stringent laws along with societal reforms.
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authority figures in the family – failure to do so can result in
extreme violence as punishment.
Rigid caste system: India's caste system is among the world's
oldest forms of surviving social stratification. Existence of
hierarchy is one of the biggest reason for honor killing.
Illiteracy: Due to illiteracy and lack of awareness couples are
not aware of their rights. Large section of the society unknown
about the rights which are made to protect them in our
constitution incapacity due to lack in education. The honour
crime violates Article 14, 15 (1) & (3) 19, 21 and 39 (f) of the
Constitution of India.
Existence of caste Panchayats: Khap Panchayat, The absence
of the formal institutions as panchayat Samiti or a constitution
gathering leads to the brutal governance of the illegal and extra-
constitutionalized panchayat.
Lack of formal governance: The root of the cause for the
increase of it is because the formal governance has not been
able to reach the rural areas.
Fear of losing prestige, status and acceptance of honor killing
by society.
Need of comprehensive law to curb honor killing:
Number of crimes are rising: NCRB reports show that in
2014, there were a total of 28 cases of honour killing
reported, while in 2015, the number shot up to 192, which is
almost an 800% increase.
Honour killing is different from other crimes: Honour
killings are usually premeditated - there is immense brutality
that is committed, especially atrocities against SC and ST
individuals.
Majorly a caste issue: The dominant caste or community
maintains control over police, caste Panchayats and hence
crimes go unreported. That is why judiciary also needs to
look at this matter under honour killing category, and not
just as a murder.
Making the crime of honour killing a separate offence
would help bring more clarity for law enforcement
agencies.
Violates fundamental rights: Honour killing violates
article 14, 15, 19, 21, 39 (f) of the constitution. These
actions of honour killing are also violative of certain
fundamental rights in the Constitution of India, including
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the right to life, and liberty which includes the right to
bodily integrity, and the right to choose.
Supreme Court judgement:
In the case of Shakti Vahini the Supreme Court of India had given
various guidelines to prevent honour killing. These guidelines of the
Court are as under
There will be fast-track courts for fighting against honor killing
cases.
The disposal of the cases can be expected within 6 months.
Immediate FIR against Khap Panchayat if they order any diktat
against any couple.
There will be a provision of safe houses for the couples by the
government, along with security, if needed.
DM/SP will supervise the safe houses.
The safe houses will cater young bachelor-bachelorette couples
along with married couples whose relationship is being opposed
by Khap.
Law Commission on Honour Killing:
The Law Commission in 2012 (in its Report no 242) prepared a draft bill
to prohibit interference in marriage alliances and to address the problem of
khap panchayats in this draft.
Law commission states that such informal groups would be treated as an
‘unlawful assembly’ and decisions that amount to harassment, social
boycott, discrimination or incitement to violence should be punishable
with a minimum sentence.
Way forward:
Sensitize the police and further improve law enforcement
response to human rights situations, a comprehensive program
has been included in the curriculum of police training schools,
police training colleges and national police academy.
Cooperation of NGOs and civil society.
Media needs to gear up and extensively report about honour
killing cases.
Administration must take preventive,punitive and remedial
measures.
Promote gender equality and gender sensitive polices.
The term "honor" crime is misleading not only because it implies that
such crimes are "honorable". It also gives the impression that these
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crimes are a product of the "culture" - customs and traditions -
specific to certain communities or faiths.
Laws can only punish the criminal but they cannot prevent the crime
to happen, so it is very necessary for people to rise above the clouds
of caste, religion, clan, etc. The real honour is in protecting the
family members and being liberal and open minded in the approach
towards life and not by being stringent in thoughts and attitude.
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Model Answer
Intro:
In context of social accountability of Indian higher judiciary the
following are some of the factors due to which today there is a
strong demand of judicial accountability and transparency.
Body:
Changing demands in Modern Welfare State: Due to increase in
literacy rate more and more citizens are aware of their fundamental
rights, therefore they come to courts to redress their grievances and
want speedy justice, but the judiciary is slow in this regard.
No Remedy against Misbehaviour: Judges of superior court
commit mistakes or misbehave, but such misbehaviour or mistakes
are not corrected hence the feeling that the Judges of superior court
protect their own men and it is in vain to make complaints.
Demand of Accountability: Today the demand is that like every
other institution dealing with the public welfare functions, the
judicial arm of the government also shall be accountable.
Legitimacy of Judicial Process: As the judges are makers of law
they should be held accountable for their decisions in order to bring
legitimacy to their law making functions.
Question of Standard of the Judges: The standard of the Judges
has, no doubt, gone down. Many persons of doubtful integrity and
political affiliations have been appointed. It is now opened talked
that one can get a judgeship or get transfer from one High Court to
the other by canvassing for it or with the blessings of political
heavy weights.
Demand of Reservation in Judiciary: It is argued that the weaker
sections of society consider law their enemy if the instrument of law
is in the hands of the higher class. Therefore, there is demand for
reservations in the appointment in higher judiciary by treating
judicial service as a single cadre on the line of UPSC to make the
judiciary socially accountable.
Demand for Efficiency: Today people are professing quality over
quantity. The Supreme Court started with seven or 10 judges. Now
there are 31 judges, but how many qualitative judgements are
Q6. Describe the Factor for Demand of Judicial Accountability
and Transparency in Judiciary
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given? Therefore, people prefer other illegal measures to resolve
their disputes as they are not sure that they will get quick justice. It
is needless to say, that when institutions fail to provide justice to
common people, the institution runs into deep moral crises.
Demand of Transparency: Indian Judiciary strongly adheres to the
Official Secret Act, 1923 by denying right to information. Chief
Justice of India recently opined that the Right to Information Act,
2005 is not applicable to the judiciary, being a constitutional
machinery.
No Provision for the review of the Supreme Court Decisions: In
India there is no other supreme body or council to review the
decision of the Supreme Court except the Supreme Court itself. The
Supreme Court thrives on the wrong decisions for years together.
Conclusion:
In today's 21Century the real question is not only speedy justice but
due to the emergence of era of good governance, consumerism or
right to information, it is also the question of just, honest, qualitative,
integrated consistent, efficient and accountable judiciary.
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