general studies test-1: solution

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ALL INDIA GS MAINS TEST SERIES: TARGET 2021

Under the Guidance of M K YADAV

GENERAL STUDIES TEST-1: SOLUTION

KINDLY NOTE: The model answers have been intentionally designed to exceed the word limit to provide the students with more fodder points on a given topic and enrichment via facts, examples, keywords etc. 1. What are the issues relating to the Office of Profit? Critically analyse its significance and misuse.

APPROACH

• Introduction - Introduce with the meaning of Office of Profit. You may also connect it with current news, if relevant,

and set out the context.

• Body

- Discuss the Office of profit under the Indian Constitution, its key provisions, and significance.

- Highlight the how the provisions under office of profit makes it prone to misuse.

• Conclusion: Suggest a way forward to resolve the issue.

ANSWER Though not formally defined by the Indian Constitution or a statute, an office of profit primarily refers to a

position that brings to the person holding it some financial gain, or advantage, or other benefits.

Significance of Office of Profit The constitution under Article 102 (1) and 191 (1) restricts the Members of Parliament (MPs) and Members of Legislative Assembly (MLAs), respectively, from holding any office of profit under the Union or the State government.

The concept of ‘Office of profit’ was evolved with an aim to:

• Prevent executive’s influence over legislator – for eg. through perks of office. Accepting office under

executive will affect legislators’ independence, who may not discharge their constitutional mandate

fairly.

• Preserve broad separation of power between Executive and legislature – It is the basic feature of Indian

constitution. An Executive governs, while a legislator holds the executive answerable.

However, the issue of office of profit is complicated by following, leading to its misuse:

• Absence of definition - The term ‘office of profit’ has not been defined under the Constitution or the

Representation of People’s Act, 1951 or the Parliament (Prevention of Disqualification) Act, 1959.

CONSTITUTION AND POLITY (TEST CODE 1001)

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• Lack of consensus on definition - It is not easy to frame an all-embracing definition, covering all the

different kinds of posts which exist under government and those which might be created in future. Thus,

defining office of profit will make it open to legal challenges.

• Adhoc exemptions - Parliament, under Parliament (Prevention of Disqualification act), has the power to

exempt certain posts from being considered as office of profit. However, such exemptions are often on

ad hoc basis and often misused by executive to insulate certain post holders from disqualification. Thus,

blurring the separation of power.

Way forward New offices are set up frequently and there is need to declare them as office of profit, or otherwise, on clear criteria (like in UK), otherwise it will paralyse legislature and vitiate relation between executive and legislature. Various criteria have been evolved through several Supreme Court verdicts (Maulana Abdul Shakur vs Rikhab

Chand (1958), Pradyut Bordoloi vs Swapan Roy (2001)), and recommendations of Election commission, 2nd ARC,

and Joint Parliamentary Committee of Office of profit. Every post needs to be evaluated against the 5 principles

below:

1. Whether government makes appointment and removal?

2. Whether holder draws any remuneration other than ‘compensatory allowance’?

3. What are the functions of the holder?

4. Does government exercise control over its performance?

5. Does post enable the holder to wield power to grant patronage?

On basis of above criteria:

• All offices in purely advisory bodies, and of advisory nature may be deemed as ‘not for profit’.

• All offices involving executive decisions ie. control of funds, policy decision, expenditure approvals to

be deemed as ‘Office of profit’

• Where minster is head of organization where close coordination with council of minister is vital (eg.

NDC, NITI aayog), it may be deemed as ‘not for profit’

The need of the hour is to develop a consensus among stakeholders on feasibility of amending the law to clearly

define the Office of Profit in line with the above. Meanwhile, there should be a time-bound disposal of cases

pertaining to the ‘office of profit’ that are referred to the Union Law Ministry.

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2. The Indian federal structure though resembles the federal structure of Canada, yet has its own peculiarities. Elucidate.

APPROACH

• Introduction - Give a brief definition of Federalism, in general, and nature of Indian federalism, in particular.

• Body – - Enumerate the federal features of the Indian Constitution that are similar to Canadian constitution. - Highlight the peculiarities of Indian federalism vis a vis Canada.

• Conclusion: Conclude your answer while mentioning federal features of Indian constitution as blend of adopted as well as self-developed peculiar/unique provisions.

ANSWER Federalism is a constitutional mechanism for dividing power between two or more levels of government so that federated units can enjoy constitutionally guaranteed autonomy over certain policy areas, while sharing power in accordance with agreed rules over other areas. Even though the Indian constitution does not mention the word ‘federal’, the core of federalism is evidently visible in Indian polity ie. dual government, written constitution that divides powers between Centre & states (7th Schedule), supremacy of constitution, an independent judiciary, institutional structures for centre state cooperation (Inter-state council, NITI Aayog), Bicameral parliament etc. Indian federalism was, in part, inspired by the Canadian Constitution, thus, have following features in common:

• Federalism with unitary bias: Like the Canadian constitution, Indian Constitution also provides a federal structure with a strong central government. E.g. During the application of emergency, the central government exercises control over states. (Article 352, 356, 360).

• Residuary power with the centre: Article 248 of the Indian constitution vests residuary power with the Parliament, which is similar to the Canadian Constitution.

• Distribution of Power: There is a clear distribution of legislative and executive power between the state and central government in both Indian & Canadian constitution. E.g. 7th schedule in Indian Constitution (Union & State lists).

• Distribution of seats in lower house: Seats are distributed in Lower house according to the population of states in both the countries. (Eg. Article 81).

Peculiar features of Indian federalism:

• Citizenship: Canada allows dual citizenship, whereas India follows unitary citizenship concept as

provided under Article 9 and Citizenship Act, 1955.

• Upper house: In Canadian senate all members are nominated by the Governor General, whereas in India

only 12 members are nominated to Rajya Sabha by the President.

• Distribution of seats in Upper house: The seats in the Upper House of Canada are provided on the basis

of regional equality. For this purpose, Canada is divided into 4 geographic regions and 24 seats are

allocated to each region. On the other hand, in India the seats in Upper House are allocated as per

population of states under 4th Schedule of the Constitution.

• Election in Upper House - In Canada the Senators i.e. Members of Upper House are appointed by the

Prime Minister whereas the Members of Rajya Sabha are elected by MLAs in India (Article 84).




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• Judiciary:

- India follows the integrated judiciary pattern while Canada follows the USA pattern. E.g. In Canada,

federal courts only hears cases concerned with matters which are under exclusive federal control,

such as federal taxation etc.

- India has independent Judiciary (Article 124-147) whereas Canadian Upper House has judicial

powers which are similar to British Upper House.

• Money Bill: In case of India, Rajya Sabha has limited power with respect to the money bill, whereas

Canadian Senate enjoys equal powers over the money bill with respect to the lower house.

• All India Service is not present in Canada.

• Concurrent list in India has been taken from the Australian constitution.

Dr Ambedkar suggested in the Constituent Assembly that the Constitution of India contains good features of all the known Constitutions of the world with modifications suited for Indian conditions. Thus, as per the will of the chief architect of the Constitution, the Indian federalism has certain features of Canadian Constitution, with peculiarities as mentioned above. ==========================================================================================




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3. “Judicial activism has made a mockery of separation of power which is a constitutional scheme.” Comment in the light of the recent interventions by the judiciary particularly during the ongoing pandemic.

APPROACH

• Introduction - Begin the answer by defining judicial activism and judicial overreach, while interlinking it with the

concept of separation of power.

• Body – - Explain how judicial over-reach has held the separation of power principle as hostage, and has led

to micro-management of executive affairs and encroached on other wings’ space etc. - In the counter view, explain how the judicial activism has helped in better governance, in different

fields such as setting up guidelines, various reforms, environment sensitization etc. - Discuss the recent judicial pronouncements, to elaborate and validate your points.

• Conclusion: - Conclude with a positive affirmation about judiciary roles and function and exercise of judicial

restraint as way forward. - Stress upon the fine balance between 3 pillars of democracy – Legislature, Executive and Judiciary.

ANSWER Judicial activism is a pro-active approach for exercising judicial review, or doing complete justice by going an

extra mile for the cases presented before the court, by directing the Legislature and Executive to fulfil their

constitutional obligations and holding them accountable.

However, at times, judiciary in its bid to render complete justice, encroaches upon the domain of executive or

legislature, which is termed as judicial overreach. Such an over-reach violates the “Doctrine of Separation of

Powers” which forms a part of Basic Structure of the Constitution.

A broad separation of power between the Legislature, the Executive, and the Judiciary is a critical element of a democratic polity to avoid concentration or misuse of power by any of the three institutions. This is provided by a system of ‘checks and balances’ that ensures:

1. No organ usurps the power of other organs, and operate within its own stated jurisdiction. 2. No organ abdicates its responsibilities. 3. In case of violation of above, other organs move in to restrict usurper to act within its jurisdiction, or

push it to fulfil its given mandate.

For eg.

• Article 121 and 211 forbids the legislature from discussing the conduct of any judge in the discharge of his/her duties.

• Articles 122 and 212 prevent the courts from sitting in judgment over the internal proceedings of the legislature.

• Article 50 provides for the separation of judiciary from executive. However, there have been recent instances where judiciary has ventured into Legislative and Executive domains:

• Distribution of Resources – Supreme Court (SC) fixing oxygen quota in Delhi during pandemic, Coal Block

cancellation and allocation, Spectrum allocation, increasing share of Karnataka in Kaveri Water Dispute,

direction on interlinking of rivers etc.




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• Disaster Management Response – Setting up National task force by SC to control COVID – 19 pandemic.

This function fell under the exclusive executive domain, which saw it as micro-management.

• Imposing of Curfew under CrPC - Allahabad HC ordered for strict lockdown in 5 cities of UP. Supreme

Court stayed the decision saying that it’s the domain of Executive ie. the State govt.

• Regulation of Carrying out Trade/Profession – Trade Regulation regarding liquor sale on highways, with

Supreme Court laying down the guidelines related to distance from highways etc. was again seen as an

overreach.

• Asserting Judicial Supremacy - invalidating the National Judicial Accountability Commission (NJAC) that

seeks to ensure transparency and accountability in higher judiciary.

• Farm law protests – SC’s stay on the implementation of farm laws passed by Parliament, seen as

undermining legislature and representative democracy. Also, setting up of independent panel to resolve

the deadlock, viewed as stepping into executive domain.

• Environmental directives - ban on Diwali firecrackers; ban on use of private vehicles after 10 or 15 years

etc.

• Taking on executive roles - monitoring police investigations, SIT to probe corruption in BCCI, sealing of

unauthorised commercial operations in Delhi, etc.

The Judicial over-reach has its own set of problems:

• Erosion of Separation of Power, which is a part of the basic structure doctrine. It leads to conflict amongst the organs of govt. for supremacy.

• Un-democratic: Judges are not elected by the people of India and, hence, can’t be held accountable. Contempt powers of courts further discourage any criticisms.

• Erosion of trust of the people in the Legislature and Executive, due to regular interventions of judiciary.

• Lack of expertise or resources with Judiciary when it comes to technical matters of executive and legislative domain. For eg. management of COVID Pandemic, monitoring investigations etc.

• Policy Paralysis/Implementation Paralysis – due to the fear of being pulled up by the judiciary even for the bonafide mistakes.

However, at times, Judicial Activism has led to positive interventions-

• Filling in vacuum of in-action by other two pillars: To counter delayed action/inaction, corruption,

inefficiency etc. of executive and legislatures. For e.g. Strictures against black marketing of life saving

drugs/oxygen during pandemic, Vishakha Guidelines, Article 142 in Ayodhya case etc.

• Safeguarding the Human Rights: The Judiciary has upheld the fundamental rights and given the concept

of “Golden Trinity of Art 14, 19 & 21”. For eg. Doing away with IPC Sec. 377 and conferring rights to

transgender people, introducing judicial innovation of PIL, etc.

• Wider interpretation of the Constitution in changing times: e.g. Menaka Gandhi Case and the Doctrine

of Due Process of Law.

• Balance of Power: In a more activist form, the Judiciary has limited the abuse of power by other organs.

e.g. Basic structure doctrine in Keshavananda Bharti Case, preventing misuse of Art 356 etc.

• Governance Reforms – Police Reforms, Prison Reforms, Civil Services Reforms – eg. DK Basu Guidelines,

Police Reforms in Prakash Singh Case etc.




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While Judicial activism supplements the constitutional ethos and values, Judicial overreach is in its contravention and will degenerate the faith and belief of people in constitutional machinery. Thus, Judicial restraint assumes immense significance in the maintenance of the delicate balance of power. Respecting the true constitutional spirit of ‘separation of power’, the task of the court should be to compel the authorities to act and to pass appropriate executive orders rather than substitute judicial orders for administrative ones. ==========================================================================================




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4. "Section 124A of the Indian Penal Code (IPC) has outlived its utility and undermines the democratic foundations of the country, and hence, should be repealed". Do you agree?

APPROACH

• Introduction - Briefly describe the essence/characteristics of Indian democracy, Section 124A & sedition. - Highlighting the relation between Sedition & Democracy, connect it with recent developments and

rising concerns about penal provisions of Section 124A. (Will help you set the overall context).

• Body – - Analyse the need to repeal such penal provisions in statute book, with arguments in favour as well

as against. - Note: Question stresses on if Section 124A is (1) outdated, and (2) undermines democracy. Your

arguments must be especially centred around these. - Connect features of Modern democracy (mentioned in the introduction) with penal provisions of

Section124A, to establish how it undermines democracy. - Justify your arguments with facts, examples, court judgements, micro diagrams etc.

• Conclusion - Conclude, giving a balanced view and way forward. ANSWER India’s thriving multicultural democracy, deriving its power from the will of people and sanctity from a written Constitution, is reflected in its periodic conduct of free and fair elections, executive accountability to people, protection of fundamental & human rights, independent judiciary, rule of law, independent media, multiparty system etc. However, rising concerns about the frequent undemocratic use and misapplication of Section 124A of IPC, which deals with the offence of ‘Sedition’ (ie. exciting disaffection towards government), has recently prompted even the Supreme Court to re-examine its constitutional validity. Arguments in favour of repealing Section 124A

• Colonial legacy – Derived from a draconian British law to curb Indian freedom struggle, it is a sign of

repressive state apparatus operating via fear, intimidation & threat of prosecution. Thus, holds little

relevance in a free, democratic, and modern Indian state.

• Curtails Fundamental & Human rights - Tendency of government to interpret sedition laws in their

broadest sense, thus,

- Shrinking the space for exercise of fundamental rights (Art 19) such as free speech, dissent, and

right to criticise government policies and actions – which forms the very essence of democracy.

- Restricting fundamental (Art 21) & human rights due to the draconian provisions such as life

imprisonment, non-bailable, non-cognisable offence, long pre-trial detention etc.

• Dilution of Rule of Law & Accountability – ‘Vague’ definition of Sedition, absence of guidelines on arrest

and inquiry, and lack of surety among individuals as to which action constitutes sedition allows wide

scope for discretion and its misuse.

• Threat to other Democratic institutions - Penal sections have been misused by those in power to settle

political scores, and as a means to coerce the media and political opponents into adopting self-

censorship and unwarranted self-restraint. Thus, threatening multiparty democracy & free Media.

• Undermines Public opinion – Public opinion and societal feedback lies at the heart of Democracy. It is

incongruous for a liberal and free democratic country to have a sedition law that fights its own citizens.




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- For eg. Wide sweep of recent arrests - university students/professors, farmers, human rights

activists, intellectuals, Tribals (Jharkhand case), journalists, political opponents, etc.

• Low conviction rates - Unnecessary arrests, with insufficient evidence, are made due to lack of

awareness or wilful ignorance on part of police, further burdening the Judiciary.

- For eg. Between 2016-2019, while the number of sedition cases rose by 160%, conviction rate was

a mere 3.3%. (Source: NCRB)

• Disproportionate impact on Vulnerables – The provisions are heavily loaded against the poor, who may

be not have sufficient resources to defend themselves in the court of law.

• Contrary to India’s international obligations: It fails to meet international standard of legality, which

India is under obligation to meet as a party to ICCPR (International Covenant on Civil and Political Rights)

- Dents India’s International image – For eg. India’s downgrade on Democracy parameters by various

organisations (Democracy Index by Sweden based V-Dem & a Report by US based NGO Freedom

House).

• International Practice – Most modern day democratic countries have repealed sedition laws,

considering them as relics of a bygone age. For eg. Australia, New Zealand, and even Britain (in 2009).

Arguments against repealing Section 124A Mere possibility of misuse of the law does not take away its importance. Sedition law continues to hold relevance even today:

• Countering Challenges to national sovereignty and integrity - As India continuously faces the challenges of terrorism, naxalism, and secessionism, which affect the territorial integrity and sovereignty of the country, the law will help in deterring these tendencies.

• Reasonable restriction - Various judicial pronouncements have upheld reasonable restrictions on free speech where issues of Sovereignty and integrity of India, National security, public order, incitement to an offence, decency or morality, etc. were given equal importance.

• Stability of the government - It helps in the stability of the popularly elected government which could otherwise be attempted to be overthrown using illegal and violent means.

• Supreme Court Judgments - SC has been playing a balancing act: - For eg. in the Kedar Nath Singh case (1962), it upheld the constitutional validity of section 124A but

limited its application to acts that intend to create disorder or incite violence only.

• Infodemic & emerging challenges due to rise of new decentralized form of media ie social media. In the

age of the internet, what can lead to public disorder has become uncertain, hence, need for regulation.

• No adverse impact on democracy - Such penal provisions have been part of statutory law for over 7

decades and have neither diluted India’s vibrant democracy nor abridged free speech.

Way forward: Middle ground

• Doing away with law is not a solution. Alternative lies in suitably amending it to make it as abuse proof

as possible.

• Accepting balanced recommendations of:

- Supreme Court – The Kedar Singh case verdict (1962), re-iterated by the SC in Romesh Thappar

Case & Kanahiya Kumar Case mentioned clear & limited grounds for invoking the charge of Sedition

ie acts that incite people to violence against the Government established by law, create public

disorder, or threaten the security of the State.

- Law Commission - In its 2018 consultation paper it suggested invoking 124A to only criminalize acts

committed with the intent to disrupt public order or overthrow Government with violence and

illegal means.




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• Establishing clear and unambiguous guidelines - For eg. Maharashtra government passed a circular

laying down the preconditions for its police personnel, before they invoke sedition, like seeking legal

opinion from the district law officer.

• Awareness and Sensitization of lower judiciary and police.

• People must observe rightful conduct in exercising their rights.

Given the huge ramifications of the law, it needs to be judiciously used, as freedom of speech and expression forms the very foundation for smooth functioning of a democracy like India.

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5. A strong and independent Election Commission is sine qua non to retain public trust in elections and democracy. In the light of this statement, highlight the current issues associated with the Election Commission’s autonomy, and suggest reformative measures.

APPROACH

• Introduction - Briefly introduce ECI, need for an independent ECI, and recent concerns around its autonomy.

• Body –

- Explain key issues related to ECI’s autonomy.

- Suggest measures to enhance the independence & autonomy of ECI.

• Conclusion – An optimistic conclusion highlighting the positive work done by EC.

ANSWER The Election Commission of India (ECI) is an autonomous and permanent constitutional body (Article 324) responsible for organizing free and fair elections in the Union and states of India. It is one of the most powerful electoral regulatory bodies in the world and widely celebrated and trusted public institutions in India. Free and fair elections form the bedrock of a democratic state, legitimise democratic processes, and helps citizens to trust the election system and its results and engage in active participation. Thus, an independent, impartial, and autonomous ECI needs to become an anchor of public trust by ensuring effective discharge of its constitutional obligations; superintendence, direction and control of elections; countering electoral malpractices, promoting inclusive voters’ participation, ensuring voter-centric & voter friendly environment, etc. However recent controversies have led to the questioning of its autonomy:

• Recent case of resignation of Election Commissioner on uncertain grounds.

• Concerns raised over ECI’s conduct by a group of retired bureaucrats and diplomats in a letter to President of India.

• Report of Citizens’ Commission on Elections, chaired by retired Supreme Court judge, highlighting increasing criminalisation of politics and the challenges to autonomy of ECI and its neutrality.

• Criticism of ECI as ‘partial’ institution in recently conducted elections.

• Harsh remarks by Madras High Court over ECI’s failure to ensure adherence to Covid-19 protocols during election process.

Key issues related to ECI’s autonomy

• Ambiguity on removal procedure of Election Commissioners - Article 324 (5) of the Constitution safeguards only the Chief Election Commissioner (CEC) and not the two Election Commissioners from arbitrary removal. ECI cannot function independently until the CEC & ECs are protected similarly.

• Absence of an enabling law by the Parliament, as mandated under the Constitution Article 324(2), for

the appointment of the CEC & ECs. Thus, leaving the appointment solely at the discretion of the

executive (President appoints on the advise of PM).

• No prescribed procedure for appointment, criteria for selection, or prescribed qualifications for the post

of CEC or EC.

• No bar on Election Commissioner to take up further appointment under the government on vacating

his/her post.

• Rule-making power of ECI – ECI does not have authority to make election-related rules under the

Representation of the People Act

• Independent Secretariat – Lack of independent secretariat hampers ECI’s functional autonomy.




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• Financial Autonomy – ECI expenditure is not charged on Consolidated Fund of India

• Recommendation of various Commissions – Various Committees & Commissions including the

Goswami Committee, Election Commission and Law Commission (in 255th Report) have suggested in

this regard but the Executive has not implemented those recommendations till date.

Way forward: Reformative measures to ensure Autonomy of ECI

• Depoliticize appointments through a broad-based consultation, as in other countries. In its 255th report, the Law Commission recommended a collegium, consisting of the Prime Minister, the Leader of the Opposition and the Chief Justice of India.

• Constitutional protection for all 3 of Election Commission members from the arbitrary removal, as opposed to just one at present.

• Injecting continuity - The senior most EC should be automatically elevated as CEC in order to instil a feeling of security in the minds of the ECs and insulate them from executive interference.

• ECI budget to be ‘charged’ to the Consolidated Fund as opposed to the current practice of being voted and approved by Parliament.

• Independent Secretariat for ECI, to reduce dependency on DoPT to appoint its officers. Secretariat to

be constituted along the lines of the Lok Sabha/Rajya Sabha secretariats (provided in Article 98(2)),

which permits the Parliament to regulate the recruitment and service conditions of persons appointed

to secretarial staff.

• Rule-making power of ECI – Need for conferring rule-making authority status on the ECI, similar to the

powers vested in the Apex court, to empower it to make election-related rules and enforce code of

conduct.

• Amendment to RPA act to include specific powers to postpone or countermand polls on the grounds of use of money power to influence voters.

Despite the allegations levelled at ECI, it has successfully conducted several general elections since 1951. Certain

Election Commissioners like TN Seshan, N Gopalaswami, JM Lyngdoh etc, through creative solutions, have made

it a formidable institution. Implementation of the above reforms will only further strengthen the institution and

restore the trust of public in it.

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6. While the pressure groups are an indispensable component of the democratic process, they also threaten democracy. Critically analyse.

APPROACH

• Introduction - Define pressure group, types of pressure groups (examples), and their methods.

• Body –

- Explain the indispensability of pressure groups, esp. in a democracy like India.

- Highlight ways in which pressure group may threaten democracy.

- Give suitable examples while explaining the positives & negatives.

• Conclusion – Conclude by suggesting the measures to overcome limitations of pressure groups, while

reiterating their indispensability.

ANSWER A pressure group is an organized group which works to either secure certain interest for its members or support

a cause, by influencing public opinion or government policies. Unlike political parties, pressure groups seek to

influence from outside and do not aim directly to control or share political powers.

Types of Pressure Groups: for eg.: (Note: this is an expanded list. You may select a few examples)

• Business and Industry, Professional Pressure Groups - ASSOCHAM, SIAM, FICCI, Trade Unions, Farmer Organization (All India Kisan Union, Bhartiya Kisan Sangh), Student & Teacher Unions etc.

• Socio Cultural Pressure Groups

- Religion/Caste/Community associations - Vishwa Hindu Parishad, Rama Krishna Mission, Arya

Samaj, Jamat-IIslami, RSS, Shiromani Gurudwara Prabandhak Committee etc.

- Linguistic groups - Tamil Sangh, Hindi Vikas Mandal etc.

• Cause based groups (Adhoc or Institutionalised): India Against Corruption, Narmada Bacaho Andolan,

Chipko Movement, MKSS, Greenpeace, SEWA etc.

• Insider Pressure Groups - pressure groups that are working within the governmental machinery for eg.

Civil Services Association, Police Welfare organization, Gazetted Officers Union, Defence Personnel

Association, CII, FICCI, SEWA etc.

These groups use various methods to achieve their aims including lobbying, appealing to public (through social

media campaigns), civil disobedience (protests, strikes, marches etc,), creating awareness through research

reports etc.

Positive role of Pressure groups in furthering democracy

• Political representation - Pressure groups have an important role in enriching the democracy as they give voice to different opinions and sections of society, especially the neglected and vulnerable sections. Eg. LGBT, women, disabled, street children, Dalits, farmers etc.

• Political participation - They offer an opportunity to a large number of people to participate in politics,

on a continuing basis, without being part of any political group. For eg. through petitions, protests,

marches, social campaigns, public meetings, etc.

• Government accountability – They ensure continuous accountability by asking for information on

different issues, highlighting administrative gaps, underscoring grievances of people, evaluating

government policies, publishing reports, etc. For eg. Pratham’s ASER report on rural school education.




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• Source of Reforms - Pressure groups have campaigned for and participated in new legislations such as

Lokpal act, Right to Education act, MGNREGA, the Domestic Violence Act (2005), the Food Security Act,

Sexual Harassment of Women at Workplace Act, 2013 etc. Association for Democratic Reforms (ADR)

has played a constructive role in bringing crucial electoral reforms in India.

• Public awareness – They create public awareness regarding various government initiatives and people’s

rights through political debates, discussion, research publications, editorials, etc. For eg, India Against

Corruption (IAC) created consciousness about corruption.

• Policy formulation – Pressure groups are vital source of information and advice to the government and

are regularly consulted on key policy matters. Eg. SEWA, CII, MKSS, FICCI etc.

• Grievance redressal mechanism: For e.g. various Parents associations writing to the PM to cancel offline

board exams, protests by Farmer groups aggrieved by passage of Farm reform laws etc.

• Future political leadership - They also act as a training platform for future political leaders, promoting

multiparty democracy. For e.g. Delhi Chief Minister Arvind Kejriwal (earlier part of IAC campaign),

Jignesh Mevani (Dalit leader from Gujrat), Hardik Patel (Led Patidar agitation), Kanhaiya Kumar etc.

However, some experts have also highlighted the non-democratic tendencies of the pressure groups

• Increased Political inequality – Some pressure groups may be more powerful than others and have

greater resources, finances, experts, privileged links to the government. For eg. Industry groups tend to

be more dominant than environmental groups in influencing policy outcomes.

• Exercise of non-legitimate power – Pressure groups are not popularly elected and are not accountable

to people and, yet, exercise considerable influence over them.

• Lack of transparency - Functioning of pressure groups is not transparent. They also lack internal

democracy in their functioning and may not be representative of all the members.

• Vested interests - Sometimes, pressure groups are guided by ulterior motives, adversely impacting

public and national interests. For eg. Concerns over Anti Kudankulum protests impacting the

developmental agenda.

• Divisive tendencies - Some pressure groups like caste, religion or language based groups have led to

ethnic strife in different parts of country for eg. ‘son of the soil’ movement promoting regionalism, gau-

rakshak brigade (‘cow vigilantism’) etc.

• Political nexus – Instead of pressure groups influencing political decision, they themselves become a

tool in the hands of Political class. For eg. Groups demanding reservations, religious groups etc.

Way forward

• Despite the criticism, pressure groups are potent tool for democratic expression, advancement, and

betterment of people.

• Various steps can be initiated to overcome the limitations of their functioning, such as, better regulation

and monitoring, regular financial audit, transparent disclosure norms, bringing suitable legislation and

guidelines for formation and operation of Pressure Groups etc.

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7. “The Panchayats Extension to the Scheduled Areas (PESA) Act, 1996, that was initially cited as an effective tool to provide self-government in the tribal areas, has failed to achieve its objectives even after completion of 25 years”. Critically analyse.

APPROACH

• Introduction - Briefly introduce the PESA Act, 1996

• Body – - Mention the key objectives with which PESA Act was introduced. - Highlight positive impact of the act. - Enumerate various reasons for the failure of PESA act to achieve its objective even after 25 years.

• Conclusion – Write suggestive measures to improve effective implementation of PESA Act provisions. ANSWER Enacted on the recommendations of the Bhuria Commission, the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA Act) extends the provisions of Panchayats (Part IX of Constitution) to the Fifth Schedule Areas. It was envisaged as a proactive instrument that legally recognises the rights of Tribal community to secure effective self governance, through an empowered Gram Sabha (council of all village adults). Progressive objectives envisaged under PESA act to secure self governance:

• Genuinely Empowered Gram Sabha – endowed with powers to approve developmental projects, identify beneficiaries, prevent land alienation, control money lending, ownership & management of tribal resources (minor forest produce, water bodies), regulate intoxicants, manage village markets etc.

• Safeguarding Tribal control over local resources – maintaining ownership of tribal community over water resources, common lands, minor forest produce, minor minerals, etc.

• Protection of Tribal traditional rights – Gram Sabha as competent authority to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and customary mode of dispute resolution.

• Democratic deepening – Political mainstreaming of tribal population by securing 50% reservation of

seats for STs in Panchayats at various levels, and all seats for Chairperson at all levels.

• Strengthen Participative governance – Gram Sabhas/Panchayats empowered to monitor and exercise control over institutions/functionaries in all social sectors like education, health, employment, sanitation, etc., thus, ensuring active participation of tribals in their own socio economic development.

• Enabling environment for effective implementation – - Obligates state governments to empower Gram Sabha and Panchayats, enabling them to function

as vibrant institutions of self government. - Prohibits Panchayats at higher level to assume power or authority of any panchayat at lower levels. - All existing laws inconsistent with PESA act shall cease to be in force.

This has translated into several positive outcomes. For example

• Controlling external activities – In Odisha, several Gram Sabhas exercised their right to reject Vedanta’s proposal for bauxite mining in Niyamgiri hills as it impacted tribals’ religious, cultural and social rights.

• Decentralized bottom up development: Gram Sabhas have taken several initiatives like Village Market development, construction of roads and schools, initiative against intoxication etc. for tribal upliftment. - For eg. Kamayyapeta, Andhra Pradesh – Adivasi Mitra, a Community based organisation, has used

PESA to develop successful gram sabha model of governance.




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• Blending of customs with the Panchayat system: The use of the customary mode for resolving disputes shows that the Gram Sabha has successfully integrated traditional methods into the Panchayat system.

• Curtailing extremism – The ‘tribal owned & tribal led’ developmental initiatives have had a positive impact in preventing and checking extremism and resentment among tribal population.

• Tribal Rights assertion – Start of Pathalgadi movement in Jharkhand, where Adivasi villages used the provisions of PESA to declare self-rule (rule of gram sabha), and joined forces to protest amendments in Tenancy laws by state govt.

However, PESA act implementation has left much to be desired in achieving the ideal of local self government.

• States’ Reluctance to operationalise PESA - especially as PESA Act does not provide a time period by

which the States have to frame rules. For eg. 4 out of 10 states (40% of states) ie. Chhattisgarh,

Jharkhand, MP, and Odisha have failed to frame the enabling rules, even after 25 years of enactment.

• Non Compliant state laws – Several states like AP, Telangana, Maharashtra etc. have failed to harmonise their laws relating to land acquisition, excise, minor forest produce, mines and minerals, agri produce market and money lending with PESA, in contradiction to PESA act & objectives.

• Absence of proper definition of village - It has led to amalgamation of various scattered hamlets under a village. It restricts and precludes the functioning of face to face community as envisaged in PESA and restricts the proper functioning of Gram Sabha.

• Disempowered Gram Sabha - Misusing the flexibility given in PESA Act, states have diluted the provisions by giving more power

to Panchayats, instead of Gram Sabhas. - Expansion in Gram Sabha functions not followed up with commensurate funds, functionaries and

capacity building. - Capture of Gram Sabha functioning by local elites: Large scale exclusion of women and weaker

sections of society from gram sabha functioning. - Frequent overriding of Gram Sabha consent and forest land is illegally diverted e.g. Essar and

mining case in Keonjhar, Odisha.

• Consultation on acquisition of land, resettlement and rehabilitation: - In Andhra Pradesh only Mandal Parishad are informed of such acquisition, resettlement and

rehabilitation, thus, reducing authority of Gram sabha. - In Khunti district (Jharkhand), 65% of people whose land was acquired were not consulted.

• Lack of coordination at Centre - Two different ministries, the Ministry of Panchayati Raj and the Ministry of Tribal Affairs, have an overlapping influence on the implementation of PESA and they function almost without any coordination.

• Over-riding the Spirit of PESA – Many state legislations on Panchayat are not in consonance with tribal customary laws, traditional modes of living and management practices for community resources,

• Lack of awareness – For eg. IIPA study (2016-17) indicates that only 57% in Khunti district (Jharkhand), 59% in Bastar (Chattisgarh), 70% in Malkangiri (Odisha) are aware of PESA.

Recommendations to improve the PESA implementation (2nd ARC, XAXA Committee)

• Amend the State laws Acts/rules to ensure compliance with Central PESA act in a time bound manner

and in ‘letter and Spirit’.

• Establish a forum at the central level to oversee the states’ progress of PESA Act implementation, detect

violations, and apply correctives.

• Harmonise all legislations and state government policies being implemented in tribal areas with the

provisions of PESA.

• Establish well functioning grievance redressal mechanism to address a routine violation of rights.




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• Role of Governor to rectify any anomalies in the state laws and rules. Timely submission of Annual

Reports of the Governors mandated under the Fifth Schedule of the Constitution.

• Unambiguous definition of Village to take into account hamlet based habitat.

• Restoring legitimacy of Gram Sabha - Existing functional bodies of the State departments, bureaucracy,

and gram panchayats should be made accountable to the Gram Sabha through legislative backing.

- Consent & recommendations of Gram Sabha must be scrupulously taken into account.

• Translate ‘PESA Act into action’ through sustained awareness campaigns on PESA & Panchayat

provisions and capacity building among Gram Sabha members to acquaint them with their rights &

duties.

• Reducing trust deficit – by enhancing communication between the people and the state. For eg.

organising special ‘Sabhas’ between members of the Gram Sabha, Gram Panchayat and central and state

officials.

• Convergence of development programmes in the tribal areas – Aspirational district initiative is a step

in the right direction to secure holistic socio economic development.

• Government should select committed officials - police, revenue and forest officials who have the

training and zeal to work in tribal areas and empathise with the population they serve.

PM Modi hailed PESA Act as the single most important instrument in India’s armoury for dealing with the

economic and emotional alienation of tribals, which lies at the root of the growing menace of Naxalism. The

failure to achieve its objective even after 25 years is a cause of concern. There is an urgent need to amend &

enforce the act to make it a potent tool to secure customary rites of tribal and at the same time deliver the fruits

of development through ‘self governance’.

==========================================================================================




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8. “Clemency under Article 72 is not a gift the President may lavish on the criminal, but it is a power that the Constitution of India has conferred on the President to use when narrow codes hold a larger justice hostage”. Discuss in the context of Supreme Court judgments.

APPROACH

• Introduction - Briefly explain what does the clemency power stands for and what are the types of mercy powers

vested with the President of India.

• Body – - De-construct the sub-parts of the quote and address the assertive statement given in the question.

Explain how the clemency is not a gift and how it is a power to render justice.

- Briefly mention the possible misuse/overuse of mercy petitions.

- In the next part, discuss the guidelines laid down by the Hon’ble Supreme Court through its various

judgments.

• Conclusion – Summarize the whole purpose of clemency in your own words.

ANSWER Clemency powers are the extra-ordinary powers conferred on the President of India, through Article 72 of the

Constitution, whereby he/she can act on the mercy petitions filed by the convicts through orders of pardon,

reprieve, respite, remission and commutation. Similar powers are conferred to the Governor of the states by

Article 161.

Not a gift on the criminal Clemency is not an arbitrary power which the President can exercise based on whims and fancies, nor is it a power parallel to that of judiciary. Rather, the main purpose of pardoning powers is to avoid injustice when narrow codes hold the larger justice hostage.

It means that Clemency is a power which can be used by the President in the following broad circumstances –

• What law cannot see or evaluate through its narrow lens and codes. Thus, the society expects the President to act as a guardian of human sensibilities. For e.g. providing temporary relief to a pregnant woman convict, or reducing sentence in case of post conviction good conduct etc.

• To correct the possible judicial errors as no judicial system across the world is free from imperfections. Clemency acts as a safety valve that may substantially help in protecting an innocent person from being punished due to miscarriage of justice or in cases of doubtful conviction.

• To ensure that principles of fairness and justice are followed by all the pillars of the criminal justice system, ie. The police, the investigation, the prosecution, the judiciary and the prisons. For e.g. the Former President had commuted the death sentence of four persons on account of delay in handing over the mercy petitions by the state government.

However, at times the clemency provision can be misused/over-used, such as -

• By Government – Govt. may try to play to galleries and use the Clemency power as its populist measure to garner vote banks. Govt. may resort to liberal/reckless use of clemency without giving much credit to the merits of case judgements, For e.g. a former President had given clemency to more than 30 criminals.

• By Convict – Mercy petitions are filed by convicts to use it as a tactics to delay the execution of sentence For e.g. By assassins of Sh. Rajiv Gandhi, Delhi gangrape case convicts etc. This in itself leads to miscarriage of justice.

• Other limitations – absence of guidelines on exercise of clemency, no time frame for the executive to decide on mercy petitions, no obligation to provide reasons for acceptance/rejection of petitions, principles of Natural Justice do not apply strictly etc.




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Hence, it can be said that these powers must be used sparingly, only in exceptional circumstances on a case-to-case basis to ensure complete justice.

The Hon’ble Supreme Court has laid down the following guidelines for the executive for the proper use of the clemency powers-

• Mandatory Central government advice: In Maru Ram v Union of India, the Constitutional Bench of Supreme Court held that the President shall act on the advice of the Central Government and not on his own will, and the advice tendered by the central govt. will be binding.

• Not a matter of right: Supreme Court in Kehar Singh v Union of India held that the grant of pardon by the President is an act of grace and, therefore, cannot be claimed as a matter of right. The power exercised by the President being exclusively of administrative nature, is not justiciable.

• No reason required: The Supreme Court in Ranga Billa case observed that the term pardon itself signifies that it is entirely a discretionary remedy and, either the grant of clemency, or its rejection need not to be a reasoned order.

• Limited Judicial review: In Epuru Sudhakar vs Govt. of A.P., the Supreme Court held that the exercise of power by the President is subject to limited judicial review where the presidential decision is arbitrary, irrational, malafide or discriminatory and relevant material has been kept out of consideration.

• Shatrughan Chauhan case - Delay in deciding mercy plea can be a ground for commutation of death sentence.

Thus, the act of clemency is not a private ‘act of grace’, but is a solemn constitutional responsibility reposed in the head of the State. In light of this responsibility, and guidelines laid down by the Apex Court, the President/Governor must ensure that Principles of Natural Justice are followed and the core principle of the Preamble to our Constitution – Justice, is realized. ==========================================================================================




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9. “The recommendations of the Fifteenth Finance Commission could catalyse accountability and effective governance at the third tier of federalism in India”. Discuss.

APPROACH

• Introduction - Begin the introduction by mentioning Finance Commission (FC) and its role, while touching upon the

associated constitutional provisions. - Link recommendations of 15th Finance Commission with its focus on ensuring accountability and

effective governance in local bodies.

• Body – - Elaborate on the recommendations and how they could catalyse accountability and effective

governance in the third tier. - Mention outstanding challenges.

• Conclusion – Provide a solution-oriented conclusion.

ANSWER The Finance Commission is a constitutional body (Article 280) entrusted with rectifying the vertical and horizontal fiscal imbalances between Union, states and the third tier of federalism. Part IX and IX-A of the Indian Constitution mandate the Union Finance Commission to supplement the resources of panchayats and municipalities on the basis of recommendations of State Finance Commissions. The 15th Finance Commission recommendations comes in the background of the COVID-19 pandemic, which reinforces the significance of local governments, and need for ensuring their accountability and effective governance. Key recommendations in this regard are:

1) Fostering Accountability: 15th FC has set up entry-level conditions for availing any grants, leading to:

• Enhanced financial accountability – by mandating - Local bodies to make their annual accounts public. - Fixation of minimum property rates by states for Urban local bodies and improvement in collection

of property taxes.

• Greater Outcome orientation: - For million-plus cities, the entire grant is performance-linked through the million-plus Cities

Challenge Fund that can be accessed only through improvements in air quality and meeting service level benchmarks for drinking water supply, sanitation, and solid waste management.

- For Rural areas and non-million-plus cities, 60% grants tied to sanitation, drinking water, rain water harvesting etc.

• Focus on State Govt’s Accountability - Transfer of funds from centre are contingent upon setting up of State Finance Commissions (SFCs)

and acting upon their recommendations, thus, ensuring assessment of local bodies’ funding needs on a continuous basis.

- Timely disbursal of grants-in-aid to the local bodies within 10 working days of having received them from the Union Government.

2) Vibrant and Effective local governance

• Remarkable increase in vertical devolution to local governments - Recommended a grant of ₹4.3 trillion for 2021-26, an increase of 52% over 14th Finance Commission.




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- It will help local bodies meet their financial needs for effective delivery of services, esp. empowering rural bodies that implement around 70% of India’s rural development programmes.

● Boost to Urbanisation & Urban governance: It has recommended Rs 8,000 crore as performance-based grants for incubation of new cities to foster innovations in urban governance, and transforming cities with speed & scale.

• Integrated view: 15th FC has included all three tiers of Panchayats, including panchayats in scheduled areas, and cantonment boards (Urban local bodies). This will serve to improve backward-forward linkages, functional coordination and facilitate the creation of assets, collectively.

• Supplementing national priorities in governance: - Raised tied-up expenditure share to 60% and linked them to drinking water, rainwater harvesting,

sanitation and other national priorities in the spirit of cooperative federalism. - This functional decentralisation of provision of basic services by local governments embraces the

true spirit of good governance principle of subsidiarity. ● Health Governance: It has recommended Rs 70,000 crore for plugging the critical gaps in primary

healthcare, which assumes immense significance in the background of COVID pandemic and need for activation of local govt. structures as front line defenders.

However, certain challenges persist in achievement of twin objectives of accountability & effective governance

• Questions on data reliability and efficacy of entry-level criterion: No objective analysis to examine how and where the financial reporting system has failed.

• Persisting challenges of 3Fs - funds, function, & functionaries and reluctant devolution by state govts.

• Poor capacity of local bodies to utilise funds due to lack of relevant training and skills (Functional & financial).

Centre and States must come together to implement local governance reforms to match the recommendation of 15th FC. Local governance is a state subject, thus, states must respond with maturity and openness to progressive recommendations of 15th FC on setting up of functional State Finance Commission, tax reforms, and predictable fiscal transfers to local bodies. That would be a watershed moment in fiscal decentralisation and effective democratic decentralization in India. ==========================================================================================




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10. Under the provisions of Representation of People Act (RPA) 1951, a candidate can contest election from two seats. Do you think that such a provision amounts to wastage of resources, and must be replaced by ‘one candidate, one constituency’ system?

APPROACH

• Introduction - Write an introduction with a brief description of section 33(7) of RPA, 1951.

• Body - Discuss the utility of section 33(7) of RPA, 1951. - Explain why this provision needs to be replaced. - Provide a way forward.

● Conclusion – Write a balanced conclusion.

ANSWER Section 33(7) of the Representation of People Act, 1951 allows a candidate to contest any election

(Parliamentary, state assembly, by elections etc.) from up to two constituencies. Constitutional provisions and

Section 70 of RPA, mandates a candidate to vacate one seat if he/she ends up winning both (Article 101). The

bye-election would have to be conducted in the constituency where seat is vacated.

Utility of section 33 (7) ● More alternatives: It provides wider choice to the voters and allows leaders to maximize connections

with them. It is often seen as a trust building measure as he/she has the opportunity to win trust of

voters of the two constituencies.

● More probability of winning: This provision acts as a buffer for politicians since it provides a greater

chance of getting elected to the house.

● Making bridges: It could be a tool to bridge the regional divide e.g. when a north Indian leader contests

for his second seat from a south Indian constituency then it is evident he/she is seeking trust of that

region also.

● Informed choice: It is often argued that voters know that the candidate is contesting from some other

seat and they have a free choice to elect him/her or not her. Thus, the provision does not violate the

voter’s right in any way.

Principle of Democracy calls for a transparent and fair electoral process, that hinges on the dictum of ‘One person, one vote’. It is now being proposed by various sections that this must be expanded to include ‘One candidate, one constituency’. Need for amendment of Section 33(7) :

• Imposes additional financial burden on public exchequer because by-elections have to be held in

constituencies that have been vacated. For eg. Per constituency cost for conducting the polls in 2019

came to around Rs 17 crores.

• Wastage of time, efforts and resources of administration, security forces and voters. For eg. Law

commission in its 255th report observed that apart from expenditure, such bye elections also cause

fatigue and harassment to voters.

• Injustice to the voters of the constituency from which the candidate vacates the seat. It reflects the

candidate’s bias towards a particular constituency, as compared to the other.




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• Political vacuum - The seat vacated by the candidate remains vacant for significant time as the election

commission has to conduct a bye election within six months of vacating the seat. This may lead to

political inconsistency.

• Serves as a political tool to promote the self-interest of the candidates, who use it as an insurance against their failure and poor political performance.

Way forward:

• As per the recommendations of the Law commission report and election commission report, the section

33(7) could be amended to restrict a person to contest a poll from only one constituency.

• Or, in case a candidate vacates the seat, the candidate who secured the second highest number of votes

could be declared winner.

• In case of conduction of bye election, the financial burden could be imposed on the outgoing candidate

or his party.

Contesting elections from the two seats comes at a cost. It is necessary that wider public consultation be carried out to minimize that cost so that electoral process can be made more efficient, and democracy is strengthened. ==========================================================================================




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11. The Constitution (97th Amendment) Act, 2011 has provided a new lease of life to the Cooperative Societies. Examine the statement in the context of various problems being faced by the Cooperative Societies in India.

APPROACH

• Introduction - Briefly describe Cooperative Societies, the objectives for which they were created and their

significance.

• Body - List down the various problems being faced by Cooperative Societies in India. - Explain how 97th Constitutional Amendment Act has been able to address these problems. - Also, highlight the outstanding issues that the Act has not sufficiently addressed.

• Conclusion – Suggest a way forward.

ANSWER A cooperative society is an autonomous association of persons, united voluntarily to meet common social,

economic, and cultural needs. It is based on the principles of open voluntary membership, democratic control,

joint ownership, autonomy, equity, self help, and concern for community.

The cooperative movement in India has assumed a great significance, especially in rural areas, in poverty removal and faster socio-economic growth. They have been operating in various areas of the economy such as credit, production, processing, marketing, input distribution, housing, dairying and textiles. - For eg. Amul, Shree Mahila Griha Udyog (Lijjat Papad), Indian Farmers Fertiliser Cooperative (IFFCO) etc.

However, despite their immense potential, their failure is mainly attributable to:

• Resource constraints - Lack of mobilization of internal resources and over-dependence on Government

assistance, diluting the spirit of ‘self help’.

• Institutional constraints - Lack of professional management, poor accountability, delayed elections and

credibility crises.

• Bureaucratic interference - Bureaucratic control and interference in the management impacting

‘democratic control’.

• Politicisation - Political interference and over-politicization with boards of cooperative societies

dominated by political leaders and affluent section. No representation to diverse section.

• Neglect of wider community interest - Predominance of vested interests resulting in non-percolation

of benefits to a common member.

The Constitution (97th Amendment) Act, 2011 seeks overcome the above challenges faced by bringing

cooperative societies under Article 19 (1)(c) of fundamental rights and Article 43 (B) of Directive Principles of

State Policy (DPSPs), which further inserts a new Part IX B in the constitution.

Positives of the 97th Constitutional Amendment Act

• Commitment to reform – The act reflects seriousness of purpose by making the right to form cooperative a fundamental right.

• Professionalization and accountability of Management - Act provides for mandatory annual audit, right of a member to get information, and duty of state to ensure autonomy (Article 43B) and provide for education and training of the members.




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• Timely conduct of elections under autonomous authority – Elections must be conducted before the expiry of the term of previous board. Thus, officers/managers can't remain beyond their term of 5 years.

• Wider Representation – Act provides for reservation of one seat for SC/ST and 2 seats for women on the board.

• Infusing diverse expertise: The act provides for co-option of experts as members having experience in the field of banking, management, finance etc

• Encourage democratic control and limit political interference – The act limits total number of Directors to 21, all to be elected. Members co-opted by state government cannot exceed two, with no voting rights.

• Safeguarding the interests of Members: Act provides for various penalties on officers and members to check nepotism, favouritism and partiality.

Outstanding Challenges

• Although, 97th Amendment Act tries to correct above problems, but such reforms are limited to administrative and management aspects. - Cooperative societies continue to face various economic and political problems like lack of funds,

limitation of membership, political rivalry, lack of efficiency in functioning, poor adoption of technological innovation etc.

- Vested interests and lack of political will may continue to act as a roadblock to the reforms.

• Constitutional tenability – Gujrat high court has struck down the provisions of amendment as: - ‘Cooperative societies’ is a subject matter in state list, thus, Parliament cannot legislate. - Violates Article 368, which requires ratification by the states on any constitutional amendment

which seeks to make a change in any of the lists in the 7th schedule. While a definitive verdict by Supreme Court is awaited, it is pertinent that Centre & states must perform their duties, in line with DPSPs, to build capacities of cooperatives members, ensure effective supervision, assure autonomy in the real sense, check political interference, and enforce the provisions of the act in letter and spirit. Only then cooperatives can serve as successful vehicles for development of rural economy in particular, and Indian economy in general. ==========================================================================================




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12. “The phenomenon of paid news goes beyond the corruption of individual journalists and media

companies. It has become pervasive, structured and highly organized and in the process, is undermining

democracy in India.” Analyse

APPROACH

• Introduction - Briefly define paid news and its manifestations.

• Body – - Discuss the reasons why paid news has become pervasive and deep rooted in India. - Discuss the impact of this practice on Indian electoral process and democracy.

• Conclusion – Conclude by suggesting some measures to curb the phenomena of paid news.

ANSWER The Press Council of India (PCI) defines paid media as any news or analysis appearing in any media (print & electronic) for a price in cash or kind as consideration. Paid news, thus, amounts to committing a fraud on democracy. The gravity of paid news can be realized from the fact that about 650 cases of paid news have been registered

in the 2019 Lok Sabha elections (Election Commission of India). The incidents of paid news include

advertisements disguised as news, denial of coverage to select electoral candidates, etc.

The paid news problem as an organized phenomenon has become more deep rooted and widespread, involving

lawmakers, politicians and corporate media, who coexist symbiotically. This is because:

• Corporatization of media – The separation of ownership and editorial roles has allowed Companies having political affiliations to own big media houses.

• Private Treaties – As also highlighted by Securities & Exchange Board of India (SEBI), companies enter into “private treaties” with media houses and offer Product advertisement contracts in exchange of biased reporting. This may be misused during elections for political advertisement.

• Decline in independence of editors/journalists – This is due to emergence of contract system and poor wage levels of journalists.

• Poor Regulatory oversight – - Inadequacy of self-regulatory bodies like National Broadcasting Standards Authority and

Broadcasting Content Complaints Council. - Inadequate punitive powers of statutory regulators like the PCI, Election Commission, and

Electronic Media Monitoring Centre (EMMC) to meet the menace.

• Ineffective penal provisions – Paid media is not an electoral offence under RPA, 1951. In worst case scenario, candidate will be considered guilty for exceeding election expenditure limits which is punishable by a simple fine. Thus, no disqualification and no deterrence.

• Conflict of interest – This is inherent with appointment of media-owners as members of the Press Council of India or self-regulatory bodies.

• Political pressure – Political parties in power sometimes use advertisements to arm-twist media houses for a favourable coverage.

Paid news undermines democracy in several ways:

• Compromises media’s independence – It destroys the credibility of media, the fourth pillar of democracy, and its ability to bring about transparency in society by playing an adversarial role against the establishment.

• Misleads public – it exerts undue influence on voters, affects their Right to Information, and manipulates democratic choices, thereby preventing selection of the right candidate.




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• Circumvents electoral laws – It seeks to circumvent election expenditure ceilings, which is an electoral offence.

• Undermines the dictum of free and fair elections – it adversely affects the level playing field among candidates which tends to discourage participation of honest candidates.

• Reduces voter turnout – Paid media highlights sure win of a particular party/candidate. Voters consider voting as waste of time and efforts.

• Encourages use of black money - Huge clandestine money flows through Paid media (print, electronic, social), accentuating the evils of black money and money power in democratic elections.

Hence, to break this nexus in India, following measures need to be initiated:

• Need to formulate a comprehensive legal definition of ‘paid news’.

• Subject financial accounts of the media houses to examination, especially the revenue source for a suspected paid news case.

• Mandatory disclosure of ‘private treaties’ and details of advertising revenue received by the media houses.

• Need for regulatory overhaul by either setting up a single independent regulator or enhance the powers of PCI to take strong action against offenders.

• Establishment of an ombudsman or a complaint redressal mechanism in the media houses to probe into the matters of paid news in the office before it goes to the court.

• Amendment of Representation of People’s act 1951 to make publishing “paid news” an electoral offense, with minimum 2 years imprisonment.

• Implementation of key recommendations of Press Council of India, Election Commission of India and Parliamentary Committee, and Supreme Court panel on paid news.

• Creating public awareness on the evils of paid news and develop a more alert citizenry. Local press clubs should also be associated for this purpose.

The guidelines issued by PCI on paid media, and ECI on social media and financial transparency, establishment

of Media Certification & Monitoring Committee at district levels to scrutinize all media coverage etc. are a steps

in the right direction. However, holistic electoral measures are the need of the hour. A true success of

democracy depends upon how media plays it role, and its impartiality must be ensured.

==========================================================================================




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13. Inspired by the Russian and French Revolution, the Preamble of Indian Constitution seeks to secure

certain ideals for its citizens. Briefly explain those ideals. Has India been able to achieve those ideals?

Analyse.

APPROACH

• Introduction - Begin with a brief introduction on Preamble and its significance.

• Body - Mention the Preambular ideals given by Russian revolution ie. Justice and by French Revolution

ie. Equality, Liberty and Fraternity. - Explain each ideal briefly - Evaluate India’s progress in meeting the above ideals and challenges/steps required in achieving

them.

• Conclusion – Conclude with an optimistic outlook.

ANSWER The Preamble embodies the basic philosophy and fundamental values on which the Indian Constitution is based.

It contains the grand and noble vision of the Constituent Assembly which, in turn, were inspired by the great

revolutions of the world history.

Preamble seeks to secure ideals of Social, Economic and Political Justice, taken from the Russian Revolution,

and ideals of Equality, Liberty and Fraternity, taken from the French Revolution. These ideals are reflected in

the constitutional provisions related to Fundamental Rights, DPSPs, Fundamental Duties, 5th and 6th Schedule

etc.

1. JUSTICE: Social, Economic and Political:

• Reiterated in Article 38 (DPSP) that enjoins upon the State to promote welfare of the people by securing

a social order in which justice, social, economic & political shall inform all the institutions of national life.

• Social justice means an equal treatment of all citizens, especially the marginalized sections. E.g.

affirmative actions such as

- Art 15, 16 – Prohibition of discrimination based on religion, race, caste, sex, etc.

- Abolition of untouchability (Art 17) and manual scavenging, introduction of SC and ST Prevention of

Atrocities Act, etc.

- Reservation of seats for marginalized sections – SC/ST/OBC/Women etc

- Access to basic entitlements through welfare schemes like Ayushman Bharat, PM Awaas Yojana,

Swachh Bharat Abhiyan, Right to Education (Art 21A), Food security act, Free legal aid etc

- Targeted initiatives for vulnerable sections – Forest Rights Act for STs, National Mission for

empowerment of Women, National policy for Senior Citizen, Sugamya Bharat Abhiyan, Child Labour

Prohibition Act, Transgender Rights Act, etc

• Economic justice involves the elimination of glaring inequalities in wealth, income and property. For eg.

MGNREGA (right to work), MUDRA scheme, Stand up India, promotion of MSMEs, Ajeevika Mission, etc.

- India recorded the largest reduction in multidimensional poverty, lifting 273 million people out of poverty between 2005-06 and 2015-16.

• Political justice implies equal political rights, equal access to all political offices and equal voice in the

government. For E.g. 73rd and 74th Constitutional Amendment Act has enabled more than 10 lakh

women representatives leading at local level.




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Outstanding Challenges

• Poverty - India still has the largest number of people living in multidimensional poverty ie. 28% of the world’s

poor (370 million people) [Multidimensional Poverty Index 2020]. - Neighbouring countries like Sri Lanka (25th), Bangladesh (58th), China (30th), ranked higher than

India.

• Inequality - India’s richest 10% hold nearly 3/4th of the total national wealth (Oxfam report).

• Access to education – More than 3 crore Out of School Children (6-17 years)

• Health – - High out of pocket expenditure (60% of total health expenditure) contributing directly to the high

incidence of catastrophic expenditures and poverty. - 55 million Indians pushed into poverty because of healthcare costs every year (almost two people

every second) [National Health Accounts Estimate (2016-17)]

• Persistent Hunger & Malnutrition - India ranked 94 among 107 countries in the Global Hunger Index 2020 (Serious Level Category)

behind most of its neighbours – Nepal, Pakistan, Bangladesh, etc. - 14% of Indian population is undernourished.

• Political participation – low female political representation with women forming only 14.5% of Parliament and 23% of the Cabinet (Global Gender Gap, 2020)

• Unemployment – High unemployment rate of 5.8% in 2018-19, with COVID induced economic crises projected to worsen the number.

• Women labour force participation - Less than 25% (Men: 82%) with Female earning a mere 20% of male income (Global Gender Gap, 2020)

2. LIBERTY of thought, expression, belief, faith and worship;

• The term ‘liberty’ signifies an absence of restraints on the activities of individuals so that they can

develop their full potential. But it has to be enjoyed within ‘reasonable limits’, as mentioned in the

Constitution itself.

• The ideals of liberty have been secured constitutionally through Right to Freedom (Article 19), Right to

Life and Liberty (Article 21) etc.

• Supreme Court of India has also remarkably defended and protected individual’s liberty against any

states abuse for E.g. Abolition of section 66A of IT Act; preventing discretionary use of Emergency

provisions, ensuring press freedom, liberal interpretation of Article 21 etc.

Outstanding Challenges - However, Liberty is presently facing various challenges on account of:

• Misuse of Sedition laws (IPC Section 124A), UAPA Act etc E.g recent SC judgment quashing unwarranted sedition case on the journalist Vinod Dua.

• Moral policing by authorities and fringe element e.g. Anti Jihad Laws, cow vigilantism, mob lynching etc

• Censorship of movies, books, and online content etc

• Restrictions on temple entry for women (Sabarimala issue) etc. 3. EQUALITY of status and of opportunity

• The term ‘equality’ means the absence of special privileges to any section of the society, and the

provision of adequate opportunities for all individuals without any discrimination.

• Equality has been secured through provision of Fundamental rights that prevent discrimination on

grounds of religion, race, caste, sex, birth (Article 14,15,16,17,18); Rule of Law; Merit based




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appointments; Promotion of health, education, employment, and skills to provide ‘basic social

minimum’ to all; equal work for equal pay; balanced regional development; Political equality through

universal adult suffrage etc

Outstanding Challenges - However, still a lot is required to achieve egalitarian society like improvement on

Human development index; regional equality; women, Dalits, Tribals, Transgender empowerment; land reforms

etc.

4. FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

• Fraternity means a sense of brotherhood. The phrase ‘dignity of the individual’ signifies that the

personality of every individual is sacred. The phrase ‘unity and integrity of the nation’ embraces both

the psychological and territorial dimensions of national integration.

• For eg. Fundamental duties (Article 51) - To promote harmony and the spirit of common brotherhood

among all the people of India etc

• India has stood on the test of fraternity on various adverse circumstances like wars with foreign

countries, communalism, regionalism, castism, linguism and secessionism. It has been able to maintain

“unity in diversity”.

Outstanding Challenges - But the state forces have to become more proactive and objective in tackling the

threats of terrorism, online radicalization, castism (eg. dalit attacks in Una, manual scavenging), communalism

(riots in Muzzafarnagar, Gujarat riots), naxalism etc.

By combining the ideals of political, social, and economic democracy, with that of equality, justice and fraternity,

the Preamble sought to establish what Mahatma Gandhi describes as “The India of my Dreams”.

India has progressed commendably on these ideals to a very large extent. However, more needs to be

accomplished on the parameters of these ideals through a better collaboration among governmental agencies,

political parties, civil society and citizens.

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14. The Public Interest Litigation (PIL) was envisaged to catalyse progressive socio-economic change and

ensure justice for all, but, over the years its misuse and overuse has defeated the very purposes for which

it was created. Examine

APPROACH

• Introduction - Define PIL and mention its past successes, quoting a few associated rulings.

• Body - List down the positives of PIL and why it has become a tool for socioeconomic change and justice. - Write issues inflicting the PIL, leading to its misuse and overuse.

• Conclusion – Conclude suitably mentioning future course of action. ANSWER ‘Public Interest Litigation’ denotes a legal action initiated in a court of law for the enforcement of public interest

(not private gains). A judicial innovation, PIL is available under Article 32 and 226, owing greatly to the liberal

interpretation of these articles by Justice P.N. Bhagwati and Justice Krishna Iyer.

PIL has tried to ensure social justice through several landmark Supreme Court verdicts

• Release of Under-trials detained in excess of maximum sentence (Hussainara Khatoon Case)

• Formulation of Vishakha Guidelines (Sexual Harassment at Workplace).

• Directed free distribution of rotting food grains.

• Ban on firecrackers or vehicles causing environmental pollutions.

• Outlawed instant triple talaq

• Identified privacy as a fundamental right.

• Opened the doors of Sabarimala temple & Mumbai’s Haji Ali shrine to women.

• Legalised consensual homosexual relations.

• Directed authorities to address the pollution in Ganga basin (M.C. Mehta v. Union of India).

PIL has become a revolutionary tool for socio economic change and social justice due to following reasons:

• Enforces diffused or collective rights – A relaxation in Principle of Locus Standi allows any socially conscious or a publically spirited person/organization to file PIL on behalf of other persons and ensure justice for those who can’t approach the court on account of poverty or other disabilities.

• Safeguards Fundamental Rights - The main objective of PILs is to protect the fundamental rights of people, thus, it can be filed under Article 32 and 226, securing direct remedy to Supreme or High Court.

• Strengthens Directive Principles – PIL is in consonance with the principles enshrined in Article 39A of the constitution to protect and deliver prompt social justice with the help of law.

• Judicial Empowerment leading to Judicial Activism - Courts can take Sou Motu cognizance. PIL can be used to provide access to justice, reform the law, hold government to account, end denials of justice, address corruption, empower the disadvantaged etc. Thus, checking those issues which affect justice to all. For e.g. Recent directives by SC over vaccination policy of centre in a suo motu case over Covid-19 management

• Cost-effective Remedy - No affidavits need to be filed and only a nominal fixed court fee is involved. Postcards, letters, newspaper reports have been admitted by courts as PIL. For eg. In Veena Sethi v. State of Bihar case the court admitted a letter addressed to a judge of the court as a writ petition to protect rights of mentally ill undertrials in Hazaribagh jail.

• Good Governance through Civil Society Activism - With the use of PIL, civil societies are becoming active stakeholders in governance by highlighting the issues faced by downtrodden sections and keeping the




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government accountable. For e.g. Sabrimala Case (Indian Young Lawyers Association), LGBT rights (Naz Foundation) etc.

However, despite PIL being an invaluable innovative judicial remedy, its misuse and overuse has created

several challenges:

• Misuse of PIL for commercial gains or publicity - PIL have become ‘Publicity interest litigation’, and are being misused by the people agitating for private grievance in the grab of public interest and seeking publicity rather than espousing public cause.

• Frivolous Litigation to harass honest civil servants - Many of the PIL activists in the country have found the PIL as a handy tool of harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation.

• Use of PIL against poor and marginalized sections - Like forcing farmers, slum and forest dwellers to evict land etc.

• Judicial Overreach & ‘creeping jurisdiction’ – - PIL disturbs the delicate constitutional balance between legislature, executive and judiciary.

Judiciary has come under criticism for overstepping the boundaries of its jurisdiction and being unable to supervise the effective implementation of its orders.

- For eg. Unchanged status of under trials even 40 years after the first PIL on similar issue.

• Overburdening of Judiciary - By extending its jurisdiction, the judiciary is further straining its already over stretched judicial infrastructure. As a result, the arrears are increasing, with pendency of cases increasing to over 3 cr. This is leading to delay and denial of justice and violation of right to speedy trial.

There is a need to protect the credibility of PIL and restore faith in the judicial system through following measures:

• Apex court has framed certain guidelines for hearing PIL, it is important that these guidelines are uniformly applied to and enforced in all cases.

• Confine PIL primarily to those cases where access to justice is undermined by some kind of disability.

• PIL route may be allowed only when all alternative mechanisms to secure justice have been exhausted.

• Court must be careful to see that the petitioner who approaches it is acting bona fide and not for personal gain, private profit or political considerations. Focus should be “Public interest”.

• The court should not allow its process to be abused by politicians and others to delay legitimate administrative action.

• The courts should reject dubious PIL at the threshold, and in appropriate cases, impose exemplary costs to create economic disincentives.

• Adequate introspection and Judicial restraint must be observed to avoid instances of Judicial overreach.

PIL has translated the rhetoric of fundamental rights into living reality, and ensuring its continuous success today assumes utmost importance. Thus, PIL requires rethinking and restructuring, otherwise its overuse and abuse will make it ineffective. ==========================================================================================




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15. Bicameral legislature at the state level has been an exception rather than a norm. Critically comment on

the necessity of the upper house while delineating the constitutional procedure for its establishment.

APPROACH

• Introduction - Give a brief background of bicameral legislature in India, while introducing the debate (after

independence & current) on its necessity/desirability.

• Body – address following 4 parts: - Constitutional procedure for establishment of LC - With examples/facts showing that it is an exception rather than a norm - Arguments in favour of the bicameral legislature - Arguments against the bicameral legislature

• Conclusion – Suggest a way forward in form of reforms in legislative council to make it more effective. Cite official recommendations, wherever feasible.

ANSWER India follows a bicameral system, ie the practice of having two legislative chambers, at both the centre (Lok Sabha & Rajya Sabha) and state level. Under this system, the state's legislature is divided into two parts - Legislative Assembly (Vidhan Sabha/lower house) and Legislative Council (LC) (Vidhan Parishad/Upper house). The LC is an optional part of the State Legislature.

The desirability of a bicameral legislature at the State level has been debated since the days of the Constituent Assembly, wherein the framers of the Constitutions decided to leave the decision to individual states to create or abolish the council on need basis. The recent move of Andhra Pradesh to abolish, and W. Bengal to revive the LC has re-ignited this debate.

Legislative Assembly: Constituted under Article 168

1) Abolition & Creation

• Constitution, under Article 169, provides Parliament the power to abolish or create LC of a state by passing a law through simple majority.

• Such a Bill can be introduced in the Parliament only when the Legislative Assembly (LA) of that state passes a resolution to that effect by a special majority (majority of total membership of LA + at least two-thirds of members present and voting).

• LC is a permanent body with 1/3rd of its members retiring every 2nd year (Art172).

2) Composition - Members of LCs are indirectly elected, unlike the members of LAs.

• 1/3rd members elected by members of LA of the state.

• 1/3rd elected by members of local bodies in the state – municipalities, district boards etc.

• 1/12th by an electorate consisting of teachers of at least secondary school standard.

• 1/12th by registered graduates residing within the state.

• 1/6th – nominated by Governor from persons with special knowledge or practical experience of literature, science, art, cooperative movement and social service.

3) Strength (Article 171)

• Maximum strength – fixed at 1/3rd of total members of LA.

• Minimum strength – fixed at 40 members.

Today, bicameral legislature at the state level has been an exception, rather than a norm. • Only 6 six states currently have LC - Bihar, UP, Maharashtra, Karnataka, Telangana and Andhra Pradesh.

• Many states have abolished LC – For eg. W. Bengal, Punjab, Tamil Nadu

• Few States are planning to abolish – For eg. Andhra Pradesh




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Argument against setting up of LC

• Financial cost - It is considered as an unnecessary strain on the state finances and an ‘Expensive

ornamental luxury’. For eg. setting up LC in Odisha would entail an extra burden of Rs. 35 crore p.a.

• Slower law making – Can be used to delay passage of progressive legislations.

• Betrayal of mandate - Criticised as a backdoor way into the legislature to park leaders who have not

been able to win in direct elections, which goes against the mandate of the voters.

• Political expediency - A tool in the hands of those in power to accommodate their favourites or rehabilitate politicians.

• Weaker institution - Unlike Rajya Sabha, LCs do not have equivalent powers to that of state LAs in the matter of passing bills and holding the executive accountable. For eg. - LA have the power to override amendments made to an ordinary legislation by LC. - Money bill cannot be rejected or amended by LC. - Constitutional amendment bill – will of LA prevails over that of LC. - Members of LCs are not eligible to vote in the elections of President, VP, or Rajya Sabha members.

• Non-uniform pattern - Disturbs the uniformity of legislative structure across the states.

• Representation of graduates/teachers: Teachers/graduates had greater relevance at the time of independence due to their small numbers. In today’s India, no obvious justification exists for such reservation as much as there can be for any groups like doctors, engineers etc.

However, there have been recent attempts to revive LC by states like Odisha, W. Bengal, Rajasthan, Assam, MP etc. Argument in favour of setting up of LC

• Check on lower house - Act as a watchdog and check hasty, defective, and ill-considered legislations

made by LA. A useful forum to play an advisory role in legislative matters.

• Continuous accountability - Being a permanent chamber, like Rajya Sabha, it can play an important role

in holding the executive accountable in the absence of elected Vidhan Sabha.

• Injects Expertise - Ensures that eminent professionals and experts, who might not be cut out for the

rough-and-tumble of direct elections, are also able to contribute to legislative process.

• Widening the space for representative democracy - it can truly act as a representative of local bodies,

thus, promoting decentralization.

Way forward

• Creation or abolition of Councils should not become a frivolous decision based on the whims of the political parties. Thus, there is an urgent need to frame a National Policy as suggested by parliamentary standing committee, to prevent any ad hocism.

• Turning the council into true representative of local bodies by altering the composition of the council, as recommended by Venkatachalaiah Commission.

• There is also a need to review whether the present scheme of giving representation to teachers and graduates requires modification to involve other sections.

Given both sides of the picture, a thorough study to find out the role of the council in enhancing the legislative and democratic process needs to be taken up.

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16. “Indian Constitution is not merely a maze of rules and procedures, but a moral commitment to establish

a government that will fulfil the many promises that the nationalist movement held before the people.”

Discuss.

APPROACH

• Introduction - Introduce the constitution of India with emphasis on rules and procedures.

• Body – address following 4 parts: - Mention the key commitments made by the Nationalist leaders, to the people of India, during the

course of Indian National Movement - Highlight how these commitments influenced the core constitutional values and ideologies, and

found a place in the constitution as its key provisions. - Give suitable examples to substantiate your answer

• Conclusion – Conclude suitably

ANSWER The Indian national movement bequeathed to independent India a well-defined and comprehensive ideology

that was meticulously enshrined in the Indian constitution. Independent India has, as a whole, remained loyal

to these values, ideals, and vision of national movement, which is visibly articulated in the key provisions of the

Indian constitution:

• Preamble representing the ethos of Indian National Movement (INM) - Reflecting the nationalist

movement’s utmost faith in the capacity of masses, the constitution rightly locates people as the

ultimate source of sovereignty, as expressed in the Preamble.

• Nature of Indian State

- The Constitution reflects the nationalist leaders’ commitment to establish polity based on

representative democracy, political equality, and republican values.

- For eg. Ideals of representative democracy is reflected in elections based on adult suffrage (Article

326); republican values find mention in the Preamble and provision for an elected President (Article

52-62).

• Fundamental rights

- The Nehru report (1928) and the Karachi session (1931) resolved to provide entire range of civil

liberties to people which culminated in insertion of fundamental rights as a separate chapter (Part

III) in constitution, which is justiciable in the highest court of the country.

- Wardha Scheme of Basic Scheme (1937) under Gandhiji provided for free and compulsory

education. The ideal of compulsory education is inculcated in the form Article 21A as Right to

education (RTE).

• Secular spirit - as reflected in Karachi resolution (1931) that gives freedom to profess, propagate any

religion and citizens to enjoy equality before the law, irrespective of caste, creed or sex. These secular

ideals can be found in the Indian constitution under Article 15, 16, 25, 26, etc.

• Federal Polity

- The ideals of unity in diversity found expression in federal polity characterised by devolution of

power and codification of the same in 7th schedule.

- Commitment to National integration led to stronger centre.

• Freedom of speech and expression and free press were hard fought for under British rule (struggle

against Vernacular Press act 1878) and found place in constitution subsequently under Article 19 of

Fundamental rights.




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• Affirmative action for disadvantageous sections

- Poona Pact (1932) between Gandhiji and Dr. Ambedkar provided for abolition of separate

electorates and reservation of seats for the depressed classes which got reflected in the reservation

of seats in the legislative bodies in Indian Constitution for SC/ST.

- The constitution mentions various provisions like Article 15 and 16 which facilitate affirmative

actions, protection and promotion of minority rights and ethnic and linguistic diversity, primary

education in mother tongue (Article 350A), establishment of National commissions for SC/ST (Article

338 & 338A) and Special officer for Linguistic minorities (Article 350B).

• Impact of social and religious reform movement on the constitution

- The social and religious reform movement such as Raja Ram Mohan Roy’s Brahmo Samaj, MG

Ranade’s Prarthana Samaj, Phule’s Satyasodhak Samaj had been vocal about disapproval of caste

system, communal harmony and gender equality.

- Establishment of social justice and egalitarian society inspired from social reform movement is

evident from constitutional provisions under Directive Principles of State Policy (DPSP) (Part IV),

abolition of untouchability (Article 17), non-discrimination on the basis of gender, caste, class,

religion (Article 15, 16).

- Additionally, the working class movement under the leadership of N.M. Lokhanday, Gandhiji, Lala

Lajpat Rai influenced the constitutional makers to include the provisions of workers’ right such as

provision for just and humane conditions of work (Article 42), secure a living wage (Article 43) etc

• Decentralisation and Local self-government - Gandhian philosophy of village republic and

decentralization has been included as under DPSP (Article 40) and it got fructified in the form of 73rd

constitutional amendment (Part IX & IXA).

• Check and balance of power

- Raja Ram Mohan Roy fought tooth and nail for the separation of judiciary from executive and

advocated for separation of power.

- Provision for separation of powers and to establish an independent judiciary are included in the

Indian constitution to avoid perils of centralization of power. For e.g. Article 50

Thus, Indian constitution is a product of needs and aspirations of people that found voice in course of Indian

National movement. At the same time, this constitution has creatively evolved through suitable amendments,

over the years, to suit the changing circumstances. The people of India, even today, use it as a yardstick to judge

the performance of governments, political parties, and institution.

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17. “The Interstate Council (ISC), envisaged as an essential structure in building the Centre-State cooperation, is dead and urgently requires re-calibration and rejuvenation”. Comment

APPROACH

• Introduction - Briefly introduce Inter-State Council (ISC), along with associated constitutional provisions and

envisaged role.

• Body – - Highlight ISC significance as an essential structure in centre and state cooperation. - Mention various challenges that restrict the effective functioning of ISC, showing that it is dead, and

needs recalibration and rejuvenation.

• Conclusion – Suggest measures to rejuvenate the ISC.

ANSWER The Inter-State Council was established in 1990, under Article 263 of the Constitution of India, through a Presidential Order, on the recommendation of Sarkaria Commission. It can be established ‘at any time’ if it appears to the President that the public interests would be served by the establishment of such a council. Article 263 charges the Council with the duty of –

(a) Inquiring into and advising upon disputes which may have arisen between States; (b) Investigating and discussing subjects in which some or all of the States, or the Union and one or more of

the States, have a common interest; or (c) Making recommendations upon any such subject and, in particular, recommendations for the better co-

ordination of policy and action with respect to that subject. Significance of Inter-State Council in fostering Centre State Cooperation

• Constitutional Backing to Promote Cooperative Federalism - ISC is the only constitutional body

envisaged to comprehensively deal with federal disputes, issues of common interest, and better Centre-

State & Inter-State coordination & cooperation.

- For eg. ISWDT deals with only water, NITI Aayog does not have constitutional status, GST council

deals with indirect taxes only, Zonal councils, though statutory, are limited in their geographical

reach, Judiciary (original jurisdiction under article 131) can only solve federal disputes on case to

case basis, & Rajya Sabha members often tow the party lines rather than representing their states.

• Progressive Discussions & Recommendations on many important issues impacting states’ interests –

This creates moral pressure to implement commissions’ recommendations: For eg.

- ISC approved alternative scheme for Devolution

- Laid down norms for Article 356

- Discussion on residuary power of taxation

- Good Governance Action Plan

- Internal Security - intelligence sharing and coordination for combating terrorism / insurgency, police

reforms and police modernisation

- Others – Atrocities on SC/ST, Disaster Management Preparedness, use of Aadhaar as an identifier

and use of DBT for providing subsidies, improving quality of school education etc.

- Potential to Reform Key issues of Centre State Relations - Discussion, adoption, and

implementation of Sarkaria commission recommendations. Currently completed discussion on

Punchhi Commission recommendations.




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• Strengthens Federalism – Gives more bargaining power to states For eg. Implementation of Sarkaria

commission recommendations.

• Enable smoother acceptance & implementation of Govt’s big ticket reforms by States – for eg. Make

in India, Start up India, EoDB, SDG Goals, Digital India, Doubling Farmer Income, New India 2022, etc.

• Effective forum for Eliminating Trust Deficit – though the composition of NITI Aayog Governing Council

is same as ISC, it is often viewed as a mouth-piece and an extension of Central govt.

• Significant forum to engage with opposition - Embracing opposition is a hall mark of healthy democracy

which keeps a check on the executive ➔ more accountability by taking questions from opposition at

both centre and state.

• As a safety valve - differences may exist between the centre and the states but this forum acts as a

cooling chamber, thus, controlling the controversies which may take poor forms. For eg. a consultative

deliberation on farm reform bills in ISC forum would have neutralised the present conflict.

Inter-State Council: Key Issues & Challenges

• No power to inquire into issues – The ISC has not been assigned functions envisaged under Article 263 (a) ie. inquiring into and advising upon disputes between states.

• Restrictive Powers – The ISC is merely recommendatory in nature and lacks power to either adjudicate on disputes or ensure implementation of its decisions/recommendation. It is often criticised as a “Toothless Talk shop”.

• No regular meetings – ISC has met only 12 times since its constitution in 1990, which signifies lack of political will.

• Lack of Functional & Financial autonomy – ISC is temporary body, inflicted with inadequate financial resources & personnels to carry out various functions.

• Lack of Engagement with Civil Society – Citizen centric administration calls for participative governance, however, ISC has been heavily dominated by government officials.

• Shortcomings highlighted by various commissions/bodies – As observed by various Commissions (2nd ARC, Punchhi Commission etc) and Supreme Court, ISC has regrettably not been adequately utilised and is in a dire need of revitalization & strengthening.

Way Forward: Steps to Revitalise & Rejuvenate ISC: as recommended by Punchhi and Sarkaria Commisions

• Empowering ISC – - ISC needs to be assigned all the powers envisaged under Article 263 (a). - Council can further have expert advisory bodies or Administrative tribunals for adjudicating on

certain kinds of disputes. This will obviate the need to engage in long drawn legal battles in the courts ➔ ease judicial overburdening.

- The ISC must be suitably empowered to follow up the implementation of its decisions for which

appropriate statutory provisions should be made.

• Injecting Professionalism & Functional Autonomy –

- ISC should have an organizational and management structure which is different from the

Government departments,

- To carry out its constitutional & quasi-judicial tasks, ISC should have a professional secretariat

manned by technical, management, political & legal experts.

- Need to Set up Joint central & states official teams, on deputation for limited time, to inspire

confidence and better centre –state coordination.

- The Secretary of ISC should be designated ex-officio Secretary of the Department of States, reporting

directly to the Union Home Minister, who is to be ex-officio Deputy Chairman of the Council.




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• Regular meetings - It must meet at least thrice in a year on an agenda evolved after proper consultation

with States.

• Deeper Engagement with Civil society, corporates, and other non govt. agencies – to help keep an ‘ear

to the ground’ through feedback and expert suggestions.

• Suitable amendments to Article 263 – in order to effect above reforms.

There is an institutional gap in the federal structure at present which needs to be bridged before inter-state

frictions become unmanageable. ISC rightly fills that gap, and it needs to be rejuvenated and recalibrated with

utmost urgency.

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18. The Constitution of India provides for the parliamentary form of government at both Centre and state level, however, the relationship between nominal and real executive of many state governments is not as harmonious as witnessed in the Union government. Critically analyse in the context of constitutional provisions and recent controversies.

APPROACH

• Introduction - Explain the Parliamentary form of government in the context of nominal and real executives, at both

centre and state level.

• Body – - Highlight differences in the offices of the Governor and the President. - Discuss why and how relationship between nominal and real executive of state governments is

riddled with conflicts. - Also, discuss the instances of such controversies at Union level.

• Conclusion – Conclude by mentioning way forward to resolve conflicts and foster harmonious relation between governor & state govt.

ANSWER The Indian Parliamentary democracy, through constitutional provisions, provides for nominal and real executives at centre as well as at state level. President (Art. 52 & 53) and Governor (Art. 153 & 154) are nominal executives at the centre and state, respectively. It means that, while the executive powers of Centre and State is vested in President and Governor, respectively, they are bound by the advice tendered by the council of ministers (Article 74 and 163) headed by real executives - Prime Minister at Centre and Chief minister at state level. However, the office of Governor differs from President in certain aspects:

• Appointed, not elected office - Governor is the Constitutional head of state and is appointed by President and remains in office during the pleasure of President. ie. effectively appointed & removed by Union, without consultation with states. (Article 155 and 156).

• Linchpin between Centre-State - He/she acts as vital link between the centre in a quasi-federal setup in India.

• Representative of the President. For eg. During imposition of constitutional emergency in the state

(Art. 356), as an administrator of UT (Art. 239) etc.

• Discretionary power - Article 163 accords the Governor explicit constitutional and situational

discretionary powers, to act in his/her individual judgement, independently of aid and advise of Council

of Ministers. This provision is not explicitly available to the President.

The manner of appointment of governor, along with wide discretionary powers has allowed for politicisation of

office of governor and increasing frictions with the state government.

Causes of conflicts between Governor & State Government

• Manner of appointment

- As the government changes, the governor changes to ensure that a “trusted & committed

appointee” is placed. Thus, Governor is viewed as an agent of the Centre.

- In case the governments in Centre and state are ruled by different parties, the conflicts and trust

deficit between governor and state govt. are magnified manifolds.




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• Frequent & arbitrary removals & transfer of Governors – This has reduced the prestige of this office

and compromised the neutrality and independence of the governor.

• Misuse of Discretionary powers by the Governor to:

- Routinely reserve bills for President’s consideration (Article 200 & 201).

- Recommend imposition of President’s rule based on ‘motivated reasons’ & vested interest (Article

356) as was recently seen in Arunachal Pradesh, Uttarakhand etc

- Invite the ‘favoured parties’ for government formation after election, as was seen in case of

previous Maharashtra Assembly elections.

• Misuse of Constitutional power by the Governors by creating parallel power centres in their States to

that of Chief Minister. For eg: the tussle between LG and CM in Delhi.

• Refusal of Governor to call the session - In Rajasthan, Governor repeatedly turned down the advice of

the Council of Ministers to convene a session of the Rajasthan Assembly. Similarly, Kerala Governor

refused special assembly session on Farm Laws.

• Personal confrontation with CMs - as in case of West Bengal where Governor and CM engaged in war

of words and where the governor commented adversely on specific policies of the state government.

However, the relation has not always remained harmonious between President and Centre Government also:

• President Gyani Zail Singh exercised pocket veto over Indian Post office (amendment) bill.

• President Abdul Kalam had sent back the recommendation of imposition of President rule in Bihar.

• President Pranab Mukherji had questioned the ordinance with respect to Representation of people act which would have insulated a number of politicians from imprisonment.

But, in the case of Union, such instances have been few and far in between, and are the result of individual

personalities acting in their available little discretion, since the President’s discretionary power are limited by

Article 74 (President shall act in accordance with aid in advise of CoM). This is not the case with states because

the Governors wear dual hats and have wider discretion due to Article 163.

Thus, the remedy lies in reforming the office of governor in line with progressive recommendations of Sarkaria Punchi, and Venkatachelliah Commission, to ensure his/her impartiality.

• Appointment & Eligibility of governor

- The appointment of Governor should be entrusted to a committee comprising the PM, Home

Minister, Speaker of Lok Sabha and CM of the concerned State.

- A governor should be a person of eminence in some walk of life, should be from outside the state

where he is to be posted, and not actively involved in politics of the state.

- Punchhi Commission additionally recommended that constitution must lay down the Governor’s

eligibility.

• Removal of governor - Security of tenure of 5 years for Governor and removal of governor by

impeachment process like President, and only in rare and exceptional cases of abuse of duty.

• Imposition of President’s Rule (Art 356)

- Incorporating Supreme Court’s S R Bommai case guidelines in constitution itself in recommending

President`s rule by governor.

- Article 356 should be used very sparingly, in extreme cases and only as a matter of last resort

- Governor’s report should be a speaking document laying down all material facts

- In case of political breakdown, majority of the ruling government must be tested on the floor of

the House, for which a time limit should be given.




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• Discretionary Powers of Governor - The scope of discretionary power of the Governor under Article 163

to be narrowly construed to dispel the apprehension that Governor has wide, unlimited discretionary

power.

• Time limit for assent to Bills - The Governor should make his/her decision on the Bill within a maximum

period of six months after submission to him/her.

• Governor’s role in Government Formation during a Hung Assembly – Governor should call for a floor

test, as soon as possible, when there are claims by two political groups.

Way forward

• To maintain the federal structure of the country, office of Governor is essential. But constitutional boundary must be respected, and office should not become a tool to harass elected government.

• At the same time, state governments must make proactive attempts to inform the governor of its working, in view of trust building and harmonious relations.

• Centre govt. should refrain from using the governor’s office as an instrument for controlling state politics and take a lead in expeditiously implementing the above mentioned recommendations by the committees and commissions.

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19. The reduced functioning of Parliament undermines its role as a deliberative and representative body. Its image and influence have also suffered a serious setback in recent years. Considering this, do you agree that Parliamentary control over the executive is more theoretical than practical?

APPROACH

• Introduction - Give a brief introduction about Parliament functions in a democracy.

• Body – - Discuss the weakening signs of parliamentary control over government. - Provide arguments that parliamentary control is ineffective. - Counter arguments-Mention how Parliament has functioned to strengthen democracy over years.

• Conclusion – Mention what Parliament needs to do to restore the faith. ANSWER In a parliamentary form of democracy, the Parliament - the legislative arm of the democracy, is responsible for

conducting oversight over the executive and to ensure that government delivers to the needs of citizens and

constitution. Oversight functions of parliament include subjecting executive plans, policies, and actions to public

debate, and posing questions to members of the Executive.

Indian Parliament controls executive through various tools like question hour, Motions and Resolutions,

Discussion and voting, parliamentary committees etc.

However, in recent years, a sign of reduced parliamentary deliberation and increased hastiness in passing of bills can be seen:

● Reduction in Number of working hours: The 16th Lok Sabha (2014-19) worked for 40% lower number of

hours than the average of all full term Lok Sabhas. This is 2nd lowest hours of work done by Lok Sabha in

any full term Lok Sabha.

● Budget being passed without discussion: 16th Lok Sabha passed roughly 80% of the budget without

any discussion.

● Poor scrutiny of Bills:

- In the 16th Lok Sabha only 25% of the Bills introduced were referred to parliamentary committees

for examination versus 71% In the 15th Lok Sabha.

- None of the 13 bills introduced in the budget session 2021 were referred to parliamentary

Committees, including high impact bills such as Government of National Capital Territory of Delhi

(Amendment) Bill, 2021, Mines and Minerals (Development and Regulation) Amendment Bill, 2021,

National Bank for Financing Infrastructure and Development (NaBFID) Bill, 2021 etc.

● Less number of sittings:

- There has been a general decline in the number of sitting days. The 16th Lok Sabha sat for 331 days.

On average, full term Lok Sabhas sat for 468 days.

- Fiscal year 2020-21 saw Lok Sabha sitting for just 34 days, which has been lowest ever.

● Hasty legislation without deliberation: e.g. Farm bill which would have a potential impact on entire

country, directly or indirectly, was passed in haste and without deliberation.




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Parliamentary control over executives in recent years has proved to be somewhat ineffective and inadequate because of the following reasons:

• Lack of expertise & Technical nature of demands of grants: Parliament’s financial control is hindered

by the technical nature of the demands for grants as most of members are unable to understand it

properly.

• Clear majority of Executive in both houses: In India, Executive is drawn from Legislature, thus, if any

political party enjoys majority in both the houses of Parliament then it can pass or reject any law or

motion it desires, reducing the possibility of effective criticism.

• Guillotine: The increased recourse to ‘guillotine’ to pass the demand for grants without any discussion

has reduced the scope of financial control.

• Parliamentary Disruptions: This results in very less time to discuss and deliberate on Executive’s

performance. These disruptions have also increased the use of Guillotine.

• Delegated Legislations: These are the laws, rules, regulations etc. enacted by Executive due to

complexity of laws and lack of availability of time with Parliament. In absence of adequate scrutiny by

Parliament, executive may usurp legislative powers to benefit themselves.

• Role of speaker: At times the neutrality of the speaker is questioned due to inadequate time allotment

for opposition Members of Parliament to raise questions/concerns.

• Ordinances under Article 123: Increasing use of ordinance has bypassed the parliamentary process of

legislation. Ordinance is being used as a power parallel to that of Legislature than being an urgency

mechanism to address important Issues.

• Passing of various important bills as Money Bill:

- If a money bill is passed in Lok Sabha (which is generally the case due to majority of ruling party),

then, Rajya Sabha can't stop it becoming from law. For eg. Aadhar act.

- Many unconnected items are included in Finance bills to evade legislative scrutiny for eg.

introduction of electoral bonds, amendments to the foreign contribution act

• Leader of opposition: In 16th Lok Sabha the position of Leader of Opposition was vacant which reduced

the parliamentary control as there was no effective leadership for opposition, to consolidate the

differing opinions and present a strong stand.

• Anti-Defection Law: This requires all legislators to abide by the party (executive) diktat on every vote in

the legislature. Thus, the legislator cannot exercise independent judgement.

• Office of Profit – Non transparency in manner of designating a position as ‘office of profit’ has made

legislators amenable to executive’s influence through temptations of office which can come in the way

of independent discharge of their duties.

• Private member bills- Till date only 14 such bills passed. This shows how difficult it is for the private

members to carve out their space in the legislative function and actualize the bills put forth by them.

• Attitudinal issues – ‘Opposition just for the sake of Opposing’ delays or turns down many important

bills. Also, rather than fruitful discussion and deliberation, these days many legislators focus to garner

media attention via gimmicks on the floor.

However, it does not mean that the Parliamentary control is totally ineffective

● A number of controversial bills have been stopped from becoming acts due to wider debate by

opposition party members e.g. Communal Violence Bill, 2011.

● There have been instances where ministers have been held accountable for their acts by the Parliament

and they had to resign from the office e.g. A Raja for involvement in 2G Scam

● The CAG and the Public account committee reports tabled in Parliament have played key role in exposing

various scams like coal scam etc.




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● Time lost to disruptions in 16th Lok Sabha was just 16%, which is better than the 15th Lok Sabha, which

was 37%.

A better parliamentary control over executive can be ensured through:

• Fixing minimum number of sittings days and working hours for of the Parliament for better deliberation and discussion and to overcome excessive delegation to executive due to time constraint. - All the bills presented should be thoroughly debated and discussed.

• Sufficient time and opportunity need to be given to opposition MPs so that they can put forward

relevant shortcomings in the policies and laws for improvisation of the same.

• To maintain impartiality, once elected as Speaker, he/she must resign from the party he/she belongs to

as in case of UK.

- Speaker to be given power to punish members who disrupt the parliamentary proceedings.

• Necessary amendments in the anti-defection law to limit the use of directives/whips only for matters

of grave National importance.

• The Contentious bills must be sent to the parliamentary committees for detailed review.

• Proper scrutiny of delegated legislation by parliamentary committees.

• Strengthening the parliamentary committees and fixing timeframe for implementation of their recommendations

The doctrine of separation of power and checks and balances are hallmark of Indian democracy. Perhaps, the failure of Parliament to check executive power has resulted in more Judicial Activism to fill the void. However, all of these organs of state need to perform their functions within constitutional framework. Then only the ideals enshrined in Preamble and objectives listed in DPSPs can be achieved. Thus, the Parliament needs to re-assert its importance in deliberative law- making and holding executive accountable.

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20. “The Government of National Capital Territory of Delhi (Amendment) Act, 2021 though seeks to end the power struggle between the Delhi Government and Lieutenant Governor (LG), yet it further widens the scope of conflict”. Critically analyse.

APPROACH

• Introduction - Give a brief background of GNCTD, 1991 act and the continuous power struggle between the LG and

elected government of Delhi, and the context in which GNCTD Amendment Act was introduced.

• Body – - Mention the major changes brought in by amendment act. - Put forth arguments to highlight how the amendment act seeks to end the power struggle. - Present counter arguments highlighting how it may create further trust gaps rather than bridging

the differences.

• Conclusion – Suggest measures to diffuse the conflicts between LG & CM and Centre & Delhi Govt.

ANSWER Government of National Capital Territory of Delhi (GNCTD) Act, 1991 was enacted to supplement and give effect

to the provisions of Article 239AA of Constitution relating to powers and obligations of Legislative Assembly,

Chief Minister & Council of Ministers, and Lieutenant Governor (LG) of NCT Delhi.

However, there has been a continuous jurisdictional conflict between the elected government of Delhi and the

LG due to differential interpretation of the provisions of GNCTD Act.

With an aim to diffuse this ‘power struggle’ that had held the administrative work hostage, the Supreme Court

(2018) passed a verdict holding that the LG has no independent decision- making powers and is bound by aid

and advice of the elected government.

In this context, the GNCTD (Amendment) Act, 2021 has been enacted to bring following amendments:

• Government of NCT - The expression "Government" referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor.

• Additional discretionary power to LG - On executive matters - While GNCTD, 1991 act provides that all executive actions by the

government must be taken in the name of the LG, the amendment act additionally provides LG with discretionary powers to ensure his/her opinion is mandatorily obtained before any decision taken by the Council of Ministers is implemented.

- On legislative matters – LG can additionally reserve those Bills for the President which incidentally cover any of the matters outside the purview of the powers of the Legislative Assembly.

● Bar on enquiry - It also bars Legislative Assembly from making any rule to enable itself or its committees

to consider the matters of day-to-day administration of the Capital or conduct inquiries in relation to

the administrative decisions.

● Rules of Procedure of the Assembly must be consistent with the Rules of Procedure and Conduct of

Business in the Lok Sabha.

The GNCTD Amendment act aims to resolve the power struggle by:

• Easing out ambiguities in the roles of various stakeholders by providing a rule based framework, and establishing clear ‘chain of command’.

• Clearly defining the responsibilities of the elected Government and the Lt. Governor (LG).

• Ensuring that opinion of the LG is taken to secure clarity and foster an environment of co-operation.

• Creating a harmonious relationship between the Legislature and the Executive.




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• Ensuring better governance and improved implementation of schemes/programmes meant for the common people of Delhi.

• Leading to greater synchronisation & cooperation between the Centre and Govt. of NCT of Delhi, and ensuring no encroachment in legislative matters.

However, it has been argued that the amendment would further widen the rift between LG and elected government on account of following:

• Primacy to LG – The law gives sweeping powers to the LG by declaring him/her to be the "Government

of Delhi", thus, subordinating a popularly elected government (real head) to a nominated LG (nominal

head).

• Administrative inertia - Amendment would result in reduced efficiency and timeliness of the Delhi

government as it has been made imperative to seek the opinion of LG before implementation of

executive decision. Thus, Delhi govt. may have to wait endlessly, even when urgent action is required.

• Dilutes essence of representative democracy - LG, who has now been deemed to be the ‘government’,

is under no obligation to implement any law passed by the assembly or carry out the directions of the

house as he is not responsible to the assembly ➔ Power without responsibility.

• Violative of Basic structure & Art 239AA (6) – Executive Accountability is the essence of the

parliamentary system of government, which is a part of the basic structure of the constitution. No law

can curb the inherent right of a democratic legislature to scrutinise the decisions taken by the executive

or conduct inquiries, which flows from the executive being responsible to the legislature.

• Reversal of Supreme Court's Verdict – SC, while attempting to diffuse the conflict, clarified that:

- LG is bound by aid and advice of the elected government.

- LG must be informed of all decisions, but LG's concurrence is not required on every issue.

- LG should not act in a mechanical manner to refer all decisions of the council of ministers to the

President citing difference of opinion.

- Except for the 3 issues of land, law and order & Police, Delhi government must be given

independence to legislate and govern on other issues.

• Against the Spirit of Federalism - The amendments are perceived to reduce executive and legislative

space of Delhi govt. & Assembly, tilting the balance of power in favour of Central govt. and its appointee

(LG), and nullifying the principles set by Supreme Court in 2018 on primacy of ‘Balanced federalism’.

Way forward: Towards Harmonious relations

• Balanced Federalism - Governments at both levels i.e. Delhi and Union Government should work in harmony and promote collaborative and cooperative federalism in the interest of the citizens.

• Matured statesmanship - Both the LG and the CM are constitutional functionaries and must work harmoniously with mutual respect, and settle any point of difference by way of discussion and dialogue.

• Supremacy of will of people – Since the elected government is de facto representative of the people of Delhi, its power to formulate & implement policies must be respected, and unnecessary control in the name of LG must be avoided.

• A Committee for quick decisions - A committee may be formed including representatives of both LG and elected government to analyse the matter which could help in taking decisions quicker.

• Time bound decision - Prescribing a time limit for the LG to render his/her opinion on the matters referred to by the elected government.

• Institutionalised Dispute resolution mechanism - With overlapping and contested jurisdictions, it is imperative to institutionalise dispute resolution (rather than routinely referring the matter to President), as has been adopted by national capitals around the world.




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• A credible responsibility matrix must be designed to unambiguously fix accountability for various spheres/functions on a specific authority/institution.

• Restoration of powers of legislative assembly -The law making power, within the jurisdiction of the state government, should be restored to the legislative assembly of Delhi for it to hold executive accountable for its actions/inactions.

A harmonious relationship between LG and the elected government is desirable for the smooth functioning of administration, for benefit people of Delhi, and to strengthen democratic values and collaborative federalism. ==========================================================================================


general studies test-1: solution

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