GS2

Question 1

I. Constitution-fundamental rights

Answer 1

justiciable civil and political rights
necessary for fullest development of individual and personality, preserving his/her dignity
state Reasonaby performed well in FR
role of legislature
does not pass legislations that violate FR.
any excesses of the executive is made accountable in the floor of the house.
Role of executive
during policy making and implementation, it is ensured FR not violated
encounter killing, army made answerable.
Eg: When controversial films release, maintain law and order so that freedom of speech and expression not curtailed.
role of judiciary
ultimate custodian of FR
Writ jurisdiction to secure FR
Expand scope of FR via broad interpretation
eg: right to life expanded.
democratising FR through PILs
eg : Olga tellis case: right to shelter.
weaknesses of institutions
violation of individual rights like
freedom of expression
perumal murugan case
vishwaroopam
right to life
lynching
encounter killings
freedom of movement
right to priavcy
aadhar bill as money bill
cultural rights of minorities
food habits
why ?
guaranteeing social economic and political rights is the cornerstone of a modern liberal democracy
non fulfilment of these rights prevent the individual from rising to his/her fullest potential and prevent us from realising our goal of an inclusive society
so state machinery must perform their respective roles and exercise necessary checks and balances to make these rights a reality for our citizenry

Question 2

DPSP

Answer 2

rights perspective -keep equal to both DPSP and FR.
non justiciable social and economic rights. guidance in policy making
state not adequate in DPSP
LEgislature
recent trends of rights based legislations, attempts to materialise DPSP
guiding light in law making
RTE, MGNREGA, RTI. debate on right to health. LARR.
Executive
NFSM. PDS. PC, NITI ayog
redistributive and inclusive policies are inspired by principles of DPSP.
judiciary
elaborate interpretation of FR, from DPSP , domain of non-justiciability to legality
right to clean air, RTI

Question 3

Separation of Powers-Office of profit

Answer 3

article 102 and 191 of the Indian constitution bars members of the legislature (both central and states) from holding an office of profit (OOP) under the executive.
current context :decision of the President to disqualify 20 MLA’s of AAP has brought back demands to unambiguosly define OOP so that separation of powers(SOP) is preserved intact.
OOP and SOP
if a legislator enjoys an office of profit , he/she cant perform their functions independently of the executive of which they are now made a part.
Might not be able to make executive accountable at the floor of the house, during motions, question hours etc, thus violating the checks and balances that are intrinsic to the separation of powers doctrine.
So OOP exists as a disqualification criteria to preserve SOP
this is the link
but neither the constitution nor the representation of people act has defined what an office of profit is.
moreover the parliament keep exempting offices from the list of OOP offices every now and then, violating the spirit of idea.
eg: Parliament (prevention of disqualification ) act, 1959, amendment bill/oop bill controversy
eg : sonia gandhi nac issue
issues with the present criteria
by SC
the court in Guru Gobind Basu case ruled that the decisive test for determining whether a person holds any office of profit under the government is the test of appointment
question of appointing authority wont even settle the issue because most of the appointments may be in advisory capacities
for utilising the experience
In jaya bachchan case , if capable of yielding a pecuniary gain.
real criteria should be whether executive authority is exercised by legislators in terms of decision making or do they directly involve in deployment of public funds ie whether legislators enjoy real executive powers and not whether they receive a pecuniary gain.
So OOP as it works now do not help in ensuring the necessary checks and balances.
2nd ARC recommendations
all offices in purely advisory bodies where the experience , insights and expertise of a legislator would be inputs in governmental policy , shall not be treated as offices of profit, irrespective of the remuneration and perks associated with such an office (opposite of jaya bhachan judgement )
all offices involving executive decision making and control of public funds, including positions on the governing boards of public undertakings and statutory and non-statutory authorities directly deciding policy or managing institutions or authorizing or approving expenditure shall be treated as offices of profit, and no legislator shall hold such offices.
use of discretionary funds at the disposal of legislators , the power to determine specific projects and schemes , or select the beneficiaries or authorize expenditure shall constitute discharge of executive functions and will invite disqualification under article 102 and 191 , irrespective of whether or not a new office is notified and held (against guru gobind case judgement
if a serving minister, by virtue of office , is a member or head of certain organizations like the planning commission, where close coordination and integration between the council of ministers and the organization or authority or committee is vital for the day to day functioning of government , it shall not be treated as office of profit.

Question 4

Judicial law making, judicial activism , judicial overreach

Answer 4

while judicial lawmaking and judicial activism does advance democratic interests and public welfare, its transgressions into other two organs of government can upset the much needed checks and balances
seperation of powers is part of basic structure
Judicial law making
when judiciary by way of interpretation keeps the law dynamic to the changing societal needs, it is termed judical law making. it is necessary because no legislature can foresee all the contingencies which a particular law seeks to address
eg: what comprises right to life and personal liberty within the scope of article 21 or what amounts to procedure established by law within the meaning of the article
right to clean environment being held as part of right to life
so judiciary fills the gaps in laws by way of progressive interpretation
judicial activism
similarly judicial activism implies an active use of judicial power for the realisation of social justice
here judiciary tries to ensure social justice to the poorest of the poor and aims to create an egalitarian society that is not exploitative
eg: developed the idea of public interest litigation and took up the causes of under trial prisoneres, ensured just compensation to bhopal gas tragedy victims, etc, tajmahal, rehabilitation of vrindavan widows
both judicial lawmaking and activism find constitutional support in
art 13 : judicial review to invalidate laws violative of fundamental rights
art 142 : the supreme court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it
not locus standi
judicial overreach
when courts exceed their mandate of judicial interpretation and becomes a super legislative or a super executive , it is termed judicial overreach . without expertise.
eg : cancellation of coal block allocation licenses without hearing the licenses
roadside liquor ban purpotedly in the interest of road safety without considering its negative impact on livelihood, tourism and state’s revenues
drunken driving only 4 % road deaths, 44 % because of overspeeding.
consequences of judicial over reach for the democratic polity
undermining separation of powers doctrine thus violating the checks and balances between the three organs of government
will result in laws and policies being made without holistic understanding of an issue and the far reaching consequences it might have
shifts the legislative balance of power from an elected parliament to an unelected judiciary, who are far removed from the grassroot realities of the nation
conflicts between different branches of government
scenario
if legislature and executive do not respond to a judicial overreach into their domain, courts might initiate contempt proceedings.
judiciary overreacting to deter parliament’s constitutional powers in the name of judicial independence . eg: Declaring NJAC bill as unconstitutional
over active judiciary falling prey to the misuse of the PIL’s for private interests , political rivalry etc thus wasting judiciary’s precious time and resources
eg: Cleaning BCCI
way forward
judiciary as an institution must exercise must self restraint rather than overreach because
in a democracy, the remedy for a malfunctioning legislature and executive must come from the people, not the judiciary. the people must do so through electoral franchise, democratic protests or through public criticism via media
while exercise of powers by the legislature and executive is subject to judicial restraint, the only check on judiciary’s own exercise of power is the self imposed discipline of judicial restraint
similarly cases invoking art 142 can be entrusted to a constitutional bench of minimum 5 SC judges so that discretion is used with judicial prudence and restraint.

Question 5

Secularism

Answer 5

secularism and citizenship
As a concept arrived with British colonialism (though perhaps not the practice )
associated with modern nation states
Indian state has not defined secularism per se
Separation of religion from politics
equal distance from all religions
In the preamble and in FRs- basic structure.
42nd amendment in preamble.
citizenship in modern india
equal right bearing subject in the constitution
against the pre-republic subject of a ruler
has rights which can be claimed against the state
liberty and equality being fundamental
secularism and citizenship
secularism as necessary for civic citizen
all religions treated equally -all customs and cultures are recognised, accommodated-citizens treated equally
cultural nationalism
nationalism not defined along constitutional values but nationalism along one culture/ religion/ ethnicity
eg: nazist germany
recognition of the other as necessarily unequal and hence inferior
everyone could be equal but there is one group which is the first among the equals and hence enjoy privilege
nation as the end and citizens as the means to promote national cause.
is cultural nationalism a deviation from modern citizenship
movement from civic virtues to ethnic virtues.
one can only be born with ethnic virtues and cannot be educated into, unlike civic virtues.
rejects secualarism as a western import
re-imagination of citizenship and a deviation from basic structure of the constitution
treatment of minorities as inferior and exclusion from public sphere and democratic participation.
conclusion
cultural nationalism and fear of the other across globe
mention global context too
many didnt survive
electoral politics and rhetoric of past glory
importance of maintainign democratic institutions as per the constitution and rule of law
affects the constitutional dream of inclusive india

Question 6

d46-fundamental rights : community vs individual rights

Answer 6

Fundamental rights in India
forms the corner stone and basic structure of the Indian constitution
not absolute rights, but can be reasonably restricted
FRs are mostly against arbitrary invasion by the state, but some are also against private individuals.
It is mostly aimed at preservation of individual rights- equality , liberty and social justice forms the foundation of these rights
but community rights are also part of it -in case of minorities , to protect their culture.
this tension has always existed since India became a republic.
individual v/s group rights
provision of managing internal affairs of the religion (art 26(b)) in conflict with individual rights
triple-talaq-right of muslim women as individuals v/s civil code of islam
female genital mutilation -right of bohra women v/s cultural practise
padmavati issue - freedom of expression of an individual v/s hurting religious sentiments
parsi temple entry case- freedom to perform last rites v/s community rights to excommunicate a member.
naga election issue- right of individual woman to contest elections v/s customs of community
courts have given opposing judgements over decades
1962 SC judgements in Sardar Saiffudin Sahib V/s State of Bombay- community rights overpower individual right-later critiqued as having colonial hangover (where individual rights was assumed to be protected through group rights and through proportional representation and reservations )
Indian constitution gives primacy to individual rights
Article 26, though appears to be favouring community over individual rights, is meant to protect minorities against cultural assimilation and state intervention- hence aimed at forces external to minorities and not internal matters affecting rights of members
another example of constitution favouring individual right is the measures taken to abolish practices like untouchability and child marriages thus favouring individual rights based on social reformation over cultural or social practices
social and community rights are hence aimed at protecting individual rights and secure liberty of its members.
conclusion
contemporary context of group rights
increasing majoritarian tendencies , atrocities against minorities , globalisation and erosion of cultural grounds etc are making communities cling on to identify based arguments
finding a balance is necessary to secure the confidence of the minorities
arbitrary and outside force-state legislation in this case- in securing individual rights might make the communities closed towards reform and internal reforms within communities will take a back seat.

Question 7

d48- basic structure good or bad

Answer 7

Intro
basic structure doctrine was propounded by supreme court in the Keshavananda Bharati case of 1973
it stated that ‘Parliament could amend any part of the constitution so long as it did not alter or amend ‘the basic structure or essential features of the constitution ‘
it put a limit to the amending power of parliament under ART 368
How it altered the balance of power
brought about constitutional supremacy
by limiting power to amend the cosnstitution
pre-empted the scope of altering the constitution by a government with a ruthless majority
minerva mills case struck down government’s effort to bring unlimited amending powers to parliament.
supreme court became the custodian of the constitution
all amendments after the date on which keshavananda judgement was delivered will have to pass thee basic structure filter created by the supreme court
enhanced scope of judicial review to scrutinise all constitutional amendments and not just those concerning fundamental rights
along with the parliament power to amend the constitution, the supreme court gained a coextensive power to review and invalidate any amendment that destroyed its basic structure
eg: created the collegium system of judges appointing judges in this backdrop of enhanced judicial review
judicial independence raised to an end in itself
striking down of NJAC as unconstitutional , effectively nullifying the mandate of parliament and 2/3rd of state legislatures
it’s impact on democracy
hailed as the case that saved indian democracy
protected the indian state from collapsing like many of its south asian counterparts , whether through totalitarian rule, military coups or other extra-constitutional means
eg: in raj narain case, court struck down amendments to shield election of Prime Minister beyond courts scrutiny-thus safeguarding free and fair elections and rule of law
ninth schedule cannot be exploited as a black hole in the constitution
any 9th schedule entry after keshavananda judgement will be tested for conforming with basic structure
causes a democratic imbalance by vesting amending power in judges
supreme court an unelected and self appointed body vested with inordinate power over constituional amendments
eg: striking down NJAC as unconstitutional
personal preference of judges inform the basic structure due to ambiguity in it.
conclusion
the basic structure doctrine clearly qualifies as judicial innovation , where the judiciary went beyond its constitutional mandate of judicial interpretation
the undemocratic balance of power in favour of judiciary vis a vis the other two organs of state is not in the interests of a democratic polity
but even when we speculate the possible evils of the doctrine , it has not stalled any beneficial constitutional amendment so far and Indian courts have invoked it sparingly (like NJAC)
even the sceptics of the doctrine today admit that it was the judiciary’s rescue operation that saved Indian democracy.

Question 8

d50-CAG and CEC integrity

Answer 8

Introduction
Institutional integrity of CAG and CEC stems from maintaining the independence and impartiality of these agencies from the executive
The CAG acts as the guardian of public purse and aid PAC in making executive accountable to the parliament. while CEC helps in the conduct of free and fair elections to parliament and state legislatures.
so if these agencies do not maintain their impartiality and independence from the executive , these constitutional roles can be undermined by vested poltical interests, affecting our democractic credentials.
to safeguard institutional integrity, in addition to guaranteeing.
security of tenure of the incumbents
providing a rigorous procedure for removal.
we need to have a fair, objective and transparent process for appointment to the offices of CAFG and CEC.
body
but the present system of appointment to these offices are done in an
arbitrary manner with criteria for selection shrouded in secrecy
very often appointment involve severe conflict of interest.
appointing an earlier secretary level bureaucrat , as CAG violates conflcit of interest norms as the CAG may be called upon to audit the decisions made by him/her earlier in the capacity of secretary
by leaving appointments wholly in the hands of the political executive the independence of the CEC and CAG is not well maintained.
eg: both are appointed by the President, means , in reality they are appointed by the PM and the cabinet.
the test of institutional integrity demands that incumbents to these offices must be above all suspicion and inspire confidence of the public.
so even though people of integrity and neutrality were appointed to these offices so far, lack of an objective process violates the demand of institutional integrity.
so as noted by supreme court in the CVC case (PJ thomas case)
the selection process to these high profile constitutional offices must be open and transparent
taking into account all relevant facts
so that people of impeccable integrity gets appointed.
for appointment to CAG, a high lvel committee with the Prime minister, speaeker of the lok sabha, ;leader of opposition in the lok sabha, finance minister, and chairman of PAC, as recommended by Common Cause can be looked into
similarly parliament must come up with a law as suggested by Supreme Court, to establish a collegium for the appointment of election commissioners
such a selection process will guarantee the independence and integrity of these offices and help inspire trust and confidence of the public.

Question 9

II.Judi ,Exe, Legi,C-S relations,local bodies-Judiciary

Answer 9

eg: judicial corruption- justice shri narayan shukla
Cases coming to SC of india
politically sensitive cases
all fresh PIL
social justice matters
contempt of court matters
matters dealing with appointment of constitutional functionaries.
SC-more than 55,000 pending cases (nov 2017)
Judicial orders
2017-Pradyuman Bisht Vs Union Of India
directed all high courts to ensure CCTVs and audi and video recordings in subordinate courts.
Judicial independence without accountability (d23)
intro
judicial independence , a part of basic structure doctrine, implies
shielding judiciary from extraneous influence, both from other branches of government or from private or partisian interests
judicial accountability on the other hand implies
answerability and responsibility of judges for their decisions and actions
while judicial independence has been preserved in full spirit in India, the question of making judiciary accountable has raised itself again when 4 senior most judges raised alarms on the functioning of higher judiciary
need for judicial independence and accountability
judicial independence is necessary in the interest of checks and balances
make sure that judicial decisions are based solely on rule of law and not on any undue external influence
judiciary being the guardian of the constitution , look into constitutionality of legislative enactments and executive decisions . independence is crucial to act fearlessly and uphold justice in such instances
eg: Raj narain case, 2g scam case, naroda patiya case are examples of judiciary holding other two branches into account fearlessly
independence of judiciary has been institutionalised by giving judge’s voice in judicial appointments, security of tenure, contempt of court provisions etc
judicial accountability is a necessary corollary to judicial indpendence
promotes rule of law
as government is major litigant, executive control should be minimum
deters conduct that violate judicial impartiality and integrity
essential to promote public confidence in judges and judiciary
independence without accountability
these absolute powers without adequate checks of accountability often lead to arbitrary and unfair use of these constitutional powers, privileges and immunities. they include
quality of judges compromised due to non transparent mechanism of judicial appointments through the collegium system
violation of separation of powers through judicial overreach into other organs of government.
blatant violation of conflict of interest norms-problems of uncle judges- erodes public trust in judicial process
rampant corruption, amassing wealth disproportionate to known income sources
eg: cash for bail scam, impeachment proceedings against justice soumitra sen
misuse of contempt of court provisions as a shield to protect themselves from any kind of critcism or controversy
arundhati roy case
judiciary is amassing immense powers to itself in name of judicial independence even while allegations of misconduct and misuse of these powers are raised from within causing a credibility crisis to judiciary
balance between independence and accountability
need of the hour is to strike a fine balance between judicial independence with appropriate accountability
appointment procedure to higher judiciary must reflect this balance. consensus to be arrived bewteen judiciary and the government on NJAC
judicial standards and accountability bill to be enacted at the earliest
conduct of judiciary and judges to be guided by “restatement of values of judicial life
steps to be taken to bring judiciary under the purview of RTI act
credibility of judiciary is of utmost importance. to inspire trust and confidence among people, they must not only be fair , but also seem to be fair.

Question 10

Local bodies

Answer 10

Trust based approach recommended by Finance commission
Intro
even though 73rd and 74th amendment has been in operation for over 25 years, the fiscal decentralisation envisaged under the act has not happened as effectively as the political decentralisation
Lack of adequate finances commensurate to the functions devolved has seriously affected the service delivery at the local level
in this context, the trust based approach,pioneered by 14th FC is expected to improve,the present scenario of fiscal federalism
trust based approach
adopted by 14th finance commission highlights the need to build trust and respect for local bodies as institutions of local self government.
following this approach , the 14th finance commission has tripled its grant allocation to LSG’s from the TFC levels based on two criteria of basic grant and performance grant.
it works out to be 2.87 lakh crore, for the term 2015-20,with PRI share at 2 lakh crore and ULB share at 87000 crores

		Earlier this was not the cale
			until so far the fund transfers from the centre to states and from state to local bodies were based on conditionalities emerging from a logic of mistrust
			Transfers from centre to states for boosting local body finances were based on the devolution index (in addition to the population and area criteria ) ie the extent to which the state government devolved functions finances and functionaries to the local level
			similarly the state government were reluctant to transfer adequate finances to local bodies citing lack of confidence in the capacity of third tier
		Implications of earlier apporach
			this resulted in 2 negative outcomes
				state governments did not get adequate funds to empower the local governments
				local bodies never got the funds and functionaries to deliver the functions
				so local bodies were caught in a vicious cycle of 
					less funds
					less taxation potential and unwillingness of people to pay taxes
					poor quality service dleivery
			Difference in FFC's Approach
				devolution to states for transfer to local bodies was based solely on the population and area criteria, giving up the devolution index
				this removal of devolution index for fund transfer to states will enable states to proceed with devolution of 3F's based on their specific socio-political and institutional context
				Subtopic 3
			Implications of trust based approach
				similarly the states were asked to devolved to local bodies based on trust ie
					devolution to be based on the understanding that local bodies will discharge their statutory functions with all due care
					no further conditions or directions other than those indicated by FFC should be imposed either by the union or the state government for the release of funds.
				so this increase in fund transfers to local bodies with a majority of it directed to gram panchayats , where services are being delivered will help achieve a virtuous cycle of 
					improved finances
					improved taxation potential and better willingness of citizen to pay taxes
					better quality of service delivery
						eg: Schandinavia;High tax payment as state gives good service
			conclusion
				however care must be taken to improve the capacities of local governments by making effective use of this increased fund devolution
				recently launched Rashtriya Gram Swaraj Abhiyan with its specific components of capacity building and training of PRI's are a step in the right direction
				Proper accounting and statutory audit of LSG accounts together with social audit must be done regularly in the interest of transparency and accountability
				Similarly attempts must be made to improve the positions of State Finance Commissions . SFC's which are mandated with assessing the needs of local bodies within the states must be timely constituted, should be provided with both financial and human resources etc

Question 11

Legislature

Answer 11

defamation as soiution to parliamenatry privileges
Intro
Parliamentary privileges provided under art 105 and 194 of the constitution
refers to the powers, privileges and immunities enjoyed by Houses of Parliament and their members in the performance of their duties
while defamation provisions on the other hand are provided as an exception to the fundamental right to freedom of speech and expression
they are intended to preserve the reputation of individuals against reckless and irresponsible exercise of the freedom of speech
as both differ considerably in their objective and scope, defamation provisions cannot replace breach of privilege norsm. misuse of privileges has to be dealt in a different manner
Subtopic 4
Body
Privileges ensure that members of parliament are able to speak freely in debates without fear or favour and protects parliament’s internal affairs from interference from the courts
they include both privileges enjoyed by the house collectively and by the members individually such as
freedom of speech
immunity from civil and criminal proceedings
power to make rules to regulate its own procedures and adjudicate upon such matters
it can even punish its members as well as outsiders for breach of its privilege and contempt.
Potential for misuse
lack of codificaition of privileges leave too much ambiguity in interpretation of privileges which can be misused
eg: West Bengal allowed 2MLA’s to remain in assembly premises to avoid arrest under preventive detention act through a malafide interpretation of the privileges
members sensitive to criticism from media and public are using privileges as a gagging tool, with a threat of punishment
Karnataka assembly imprisoned 2 editors fora critical report on the house
question of fairness
privilege committeess while adjudicating on breach of privileges is being a judge in their own cause-which is antithetical to the basic criteria of fairness ie nobody should be judge in his. her own cause
judicial reluctance to review exercise of legislative privilege due to controversy in the domain, increase the potential for erroneous interpretation of privileges
why privileges cannot be replaced with defamation provisions
though privilges are liable to be misused they cannot be replaced with defamation provisions because
privileges are larger in scope
defamation provisions are to protect the reputation of the individual alone, while privileges has provisions to protect both dignity of the house, ensure its smooth conduct and freedom of speech of its members
to safeguard the dignity of the house and its smooth functioning. Breach of privileges have to be immediately settled
adjudication by house committees to permit this, while defamation provisions adjudicated by courts take years to settle due to judicial delays.
conclusion
while privileges cannot be replaced by defamation, it is essential that they are unambiguously spelt out leaving little scope for misues.
International examples point towards codification (with adequate flexibility )
australia codified privileges in 1987
constitution review commission headed by justice M.N Venkatachaliah had reommended that privilges should be
defined and delimited for free and independent functioning of the legislatures
provisions of parliamentary privilege and its breach should be clearly defined so that it can protect the independence of the house without taking away the liberty of its critics

Question 12

d52-Unequal representation -Rajya Sabha

Answer 12

Intro
In Rajya Sabha, 10 Populous states make up 70 percent of seats, while 9 stattes have just one seat each. In such a context, the present system of unequal represenation of states , do not truly represetn the states as originally envisaged.
Crux of the matter
Unequal representation prevents the smaller states from making their voices heard at the centre
to better represent the states voices, many members in the constituent assembly debates even , favored the system of equal representation.It was based on following grounds
to truly represent states , all units of federation should be trated equally
conceptually dividing seats on the basis of population will be an unnecessary duplication of Loksabha
As members of rajya sabha are elected from assemblies, criteria of proportional representation based on population serves no real purpose.
smaller states take this agument further as follows, to prove how Rajya Sabha failed in it’s role to represent states , due to unequal representation of states.
a resolution requiring passage by 2/3rd of members present and voting, do not still represent the majority states view because, 2/3rd majority can be obtained by merley 7 states-UP, MP,Bihar, Tamil Nadu, West Bengal, Andhra PRadesh and Maharashtra
similar is the case with article 249 and article 312
but
according to sarkaria commission , the failure of rajya sabha to emerge as states voice was not due to unequal representation
it was due to
recent trend of voting on party lines, with the majority party domination the voting process
the threat of coalition politics that created different party alliances at the centre and states.
so the commission suggested creation of a special committee representing the cross section of house. it can obtain views of different sections on emergent issues and can ensure that a particular resolution under 249 will be passed only on the basis of consensus.
Conclusion
However the Punchhi Commission went a step further in recommending steps to make Rajya Sabha effective
to constitute Committee of Rajyasabha wherein the interest of concerned states will be duly incorporated during policy making.
to establish equality between states and to establish a balance of power between states, the commission recommends bringing equal representation of states, irrespetive of their population size.

Question 13

III.Governance-Statutory, regulatory and various quasi judicial bodies-Regulatory bodies need to be accountable and need functional autonomy

Answer 13

Defn
independent regulatory commissions (IRC) were set up in India since late 1980s.
economic liberalisation ended government monopolies and led to the emergence of new private players in different sectors of the economy
so independent regulatory commission like SEBI,IRDA etc were set up under statutes to undertake regulation of these private as well as government undertakings
IRC were defined to ensure level playing field for both private and governmental agencies by retaining it as an arm’s lenght distance from the government
to simultaenously ensure regulatory independence from the executive and implementation of regulations consistent with government policies , legislative oversight was considered ideal
crux
existing parliamentary mechanism to make regulators accountable and their weaknesses
In India, parliamentary scrutiny of the regulators can take place through the following means
question hour
its applicable, as all regulators falls under administrative domain of a government department
but it is the minister and not regulator who responds to these questions
most of SEBI actions answered by finance ministry. but finance ministry fully aware of SEBI
given that regulators function independently by the department, there is a gap in the accountability of the regulator’s actions
discussions in parliament
parliament may take up the role of regulators for different roles of procedure
but during these discussions regulators cannot be summoned to explain their functioning.
parliamentary committees
departmental related standing committees
while these committees might review the working of the regulators under their departments, regulators are not required to regularly submit reports to parliamentary committees on their policies to justify their actions.
eg: RBI governor summoned but rarely like demonetisation.
submission of annual reports by regulators
suggestions to improve parliamentary oversight
2nd ARC and Damodaran committee recommendations
make parliament a ratifying authority in appointment of regulators in the UK
bring regulators under budgetary control of the parliament.
now regulators raise their own budget by relying on fees.
regular parliamentary reporting has to be done by regulators on a periodic basis.
sector specific committees (DRSC) , must undertake evaluation of regulators based on criteria agreed upon by government, parliamentary committee and regulator
committees must be equipped with adequate skills and resources to make this scrutiny effective
annual reports by the committees and their evaluation report of the regulator must be made accessible to the public
conclusion
Regulators with their specialised knowledge of the industry and by giving a level playing field for all market players , can help the competitive growth of the economic sectors they regulate
but it is necessary to strike a balance between these advantages of governance through the regulator and the apparent threat to democratic accountability by implementing these recommendations at the earliest.

Question 14

Welfare schemes for vulnerable groups

Answer 14

Deendayal Upadhyay Antyodaya Yojana -NULM -as urban poverty multidimensional
Intro
while urbanisation continues to be a growth engine for the economy urban poor remains excluded
this exclusion makes them vulnerable in 3 ways
social vulnerability
deprivations related to factors like gender, age and social stratification, lack of social protection, inadequate voice and participation in governance structure etc.
occupational vulnerability
precarious livelihoods, dependence on informal sector for employment and earnings, lack of job security, poor working conditions etc
residential vulnerability
access to land, shelter, basic services etc
these 3 vulnerabilities are not independent but they reinforce each other.
Body
to solve problem in an integrated manner
the guiding principle of the program state that
poor are entrepreneurial in nature and they have innate desire to come out of poverty
to unleash this capabilities of the poor they have to be organised around their own institutions which will help them in building their own social, human and financial capital.
strategy
universal social mobilisation of urban poor into SHG’s and their federation with particular emphasis on vulnerable sections like SC/ST’s , minorities, female headed households differently abled persons etc.
to catalyse its formation, promote financial inclusion, impart training etc, SHG’s will be assisted by resource organisations
will strive to provide skills training to urban poor for both self employment and wage employment and help to get easy access to credit.
will address livelihood concerns of the urban street vendors by facilitating access to suitable spaces, institutional credit, social security and skill training
will establish strong rights-based linkages with other programmes which cover the right of the urban homeless to food, healthcare, education, financial inclusion, affordable housing etc
challenges
poor implementation of scheme - identified by SC appointed committee
non utilisation of funds for providing shelters to the urban homeless and non constitution of committees to oversee the implementation of the scheme
poor training and capacity building of SHG’s due to inadequate linkages with the resource organisations
most of the urban poor in India have their eyes filled with hopelessness instead of dreams for which they once migrated to these cities. to prevent further urbanisation of poverty , regular CAG audit of funds disbursed, better social mobilisation of urban poor in cooperation with NGO’s and regular oversight of implementation holds the key.

Question 15

Good Governance and Gender Equality

Answer 15

Intro
Good Governance is equated with ‘sound development management ‘ and is defined as ‘the manner in which power is exercised in the management of a country’s economic and social resources for development “(world Bank )
though it aims to provide public services effectively, efficiently and equitably to the citizens, achieving gender equality was never its fundamental concern.
Body
Good governance reforms initiated world over aimed at addressing poor state capacity for service delivery, problems of inefficiency, and poor accountability in state institutions.
Elements of good governance
Public sector management
downsizing public sector, making budgets work better, performance management contracts for officials.
Accountability
making governments responsible for their actions
legal framework for development
stable and predictable business environment
transparency and information
for a competitive market economy
so reforms were primarily aimed to expand market activity and all its supporting institutions , especially the establishment of private property rights.
consequences of giving up gender concerns
makes governance effective as there is no understanding of the different needs of women and men in public spending , policies and legislation
will make resource allocation inequitable and less effective
eg: putting drinking water pipe not near housing settlment, affect women most.
will result in policies that will further deepen existing gender equalities.
gender budgeting not taken
childcare not invested
retrograde gender norms will continue to inform institutional (both formal and informal ) practices and reflect in decision making.
conclusion
However in response to demands for greater gender equality in public service different approaches has been put forward by academics and activist groups in redifining good governance
good governance is nowadays being viewed as democratic governance, and therefore implies an agenda of participation, human rights and social justice
this definition suggests that a study of governance must include not only economic management but alos political participation -both formal and informal
so the understanding that should inform present and future policies should be that governance cannot be good or effective unless it is gender sensitive.

Question 16

SHGs (d22)

Answer 16

Self Help Group (SHG) is a small voluntary association of poor people, preferably from the same socio-economic background.
they come together for the purpose of solving their common problems through self help and mutual help
social capital-mutual trust and solidarity among members of a social organisation that help them to cooperate and coordinate for mutual benefit.
eg: SHGs formed under NRLM, SHG’s under Kudumbasree mission
SHG’s by making use of their social capital has helped bring marginalised sections out of poverty even when they face significant challenges.
Role in poverty alleviation and empowerment
help poor people to bank on their social capital and make up for their deficiencies in financial and human capital
with their small savings and linkages to banks they help provide collateral free loans to their members to tide over financial crunches
promote individual and collective entrepreneurship helping the marginalised to come out of poverty
increased financial earnings help improve their social status especially for the women.
with increased self esteem and the belief in mutual collaboration, they actively participate in social activities and gain confidence for active political participation.
by making the marginalised and financially independent and empowering them socially and politically SHG;s help them to become agents of their own development.
Limited effectiveness
though SHG’s are hailed as a model for effective grassroot poverty alleviation and empowerment , their effectiveness has limited in areas where they are needed the most
in areas where the marginalised groups like women, SC and STs face severe discrimination, where patriarchy prevent women’s access to resources and where majority of them are illiterate their impacts had not been up to the marl
Regional Spread of SHGs in India
southern Region :64%, Estern :13%, central :11%, western :6%, northern :5%
Reasons for limited effectiveness
the reasons being
lack of prior social mobilisation efforts combined with low awareness prevents formation of effective SHG’s
lack of adequate training and capacity building initiatives for the SHG members prevent SHG’s from becoming financially sustainable.this limits their potential to reduce poverty of its members
sarpanches not sensitised about the importance and potential of SHG
non cooperative family prevent women from attending SHG activities.
non cooperative nature of banks-disciplined to give loans, the amount given is insufficient etc.
though studies show their repayment rate is high
lack of marketing linkages
capture of SHG’s by local powerful groups.
bright side
despite the challenges they continue to make developmental strides at the grassroots
in south indian states like kerala, tamil nadu, andhra etc where social mobilisation of poor occurred, SHG’s emerged made remarkable impact on poverty
eg: SHG;s lead by kudumbashree in kerala, society for elimination of rural poverty (SERP) in andhra etc
SHG microfinance linkages has boosted the financial security of poor households
collective entrepreneurship, collective farming etc has made poor women financially independent, with significant benefits for children.
improved their bargaining powers which resulted in better wages
they have actively involved in grassroot level social activities, conducting social audits, campaigning for prohibition etc
active political participation of SHG members have given them more voice in local developmental activities.
eg: Kudumbashree members in kerala’s LSG.
conclusion
quality of the SHG’s formed along with quantity should be given due attention
training and capacity building of SHG member and support to SHG promoting instiutions hold the key.
SHG-NGO-Bank linkages has to be effectively mentored and supported for maximum impact
dovetailing SHG’s into government schemes for improving grass root service delivery and better participation of SHG members in PRI’s will help increase their impact on the society.

Question 17

Accountability mechanisms and government effectiveness (d25)

Answer 17

Intro
accountability means being answerable for one’s own conduct
in public service, bureaucrats are responsible for their acts of omission and commission to external agents including
ministerial accountability to parliament
to watch dogs like CAG,CBI, CVC etc
acts of omission and commission are , respectively , things you have failed to do and things you have done.
while accountability mechanisms
provide checks and balances to use of state power and promote effectiveness
excessive accountability constrains policy making,as bureaucrats will display abundant caution in decision making, as noted by economic survey 2017
hence the need for an optimal accountability framework
how accountability leads to effectiveness
In bureaucracy, accountability mechanisms
ensure that proper procedures are followed and funds are efficiently used by the authorities sanctioned for its usage
provide value for money in the provision of public services
by evaluating their ongoing effectiveness , these mechanisms ensure that public officials or public bodies are performing their full potential
ensures that bureaucratic discretion is rightly exercised to maximise public interest
eg: CAG report highlighting poor state of disaster preparedness
eg: Parliamentary committee on coal and steel recommended cancellation of all allocation between 1993 and 2008
they enhance effectiveness through oversight of resource use, disciplinary proceedings, performance appraisal etc.
Impact of excessive accountability
rising instances of corruption in higher echeleons of power and the increasing public demand for improved transparency and accountability has enhanced scope of accountability mechanisms.
Practitioners of public administration opine that excessive accountability
has contributed to policy paralysis
ie delays, inaction and inability to take policy decisions by the government and its agencies which runs the country and the economy
the procedural norms of accountability followed by traditional accountability mechanisms conflict with the outcome orientation needed in modern bureaucracies in the globalised era
as these institutions do not distinguish between corrupt decisions and erroneous decisions,
honest officers whose decisions have gone wrong faces charge of corruption
this affects the morale of bureaucracy
so they respond by delaying decisions and buck passing
eg: arrest of former coal secretary
when decisions are made not to maximise outcomes but to play safe and guard against invetsigations, performance becomes the victim
eg: bank managers fear restructuring loans at an earlier stage for fear of investigation- NPA crisis worsened
eG: Subopitmal spectrum allocation through auction route
way forward
need to achieve a system of optimal accountability framework
shift from procedural accountability to outcome based accountability
clearly distinguish between corrupt decisions and erroneous decisions.bring necessary amendments in prevention of corruption act
protect upright and honest officers through the doctrine of ministerial accountability
encourage risk taking and innovation to maximise public interest
we need to acknowledge that the pace of nations development is going to be affected more by the factors that inhibit the honest from taking decisions rather by the impact of the dishonest

Question 18

d32 -UBI or direct benefit transfer ?

Answer 18

intro
universal basic income- a new welfare paradigm which states that , every person shall have right to a basic income to cover their needs, just by virtue of being citizens
while we have lifted 130 million people out of poverty since the economic reforms (1994-2012), 22 % of our population still falls below the tendulkar poverty line
economic survey 2017 states that introduction of a modest UBI will help reduce poverty from 22 % to 0.5 % in shortest possible time
direct UBI vs Indirect subsidy schemes
existing subsidy schemes are plagued by
poor targeting with high exclusion and inclusion errors
pilferage /leakage
misallocation of resources due to poor state capacity
eg: 40% of poor receives only 25 % of resources allocated for them
supporters of UBI argue that
as the ultimate aim of all subisidy schemes is to increase the income of beneficiary households , a direct method like UBI without the limitations of traditional schemes is more effective than the indirect method of traditional schemes.
arguments for and against UBI
for UBI
better targeting as program is near universal zero exclusion errors
as success of UBI is not contingent on local bureaucratic ability, it will redress issue of misallocation of resources due to poor state capacity
no out of system leakages-less administrative discretion
basic income will act as a safety net against risks and shocks and offer psychological benefits
against UBI
existing schemes has long term development goals apart from mere income improvement which will be lost by a shift to UBI
case of ICDS, MGNREGA
Rapid improvements made in existing schemes like PDS, MGNREGA etc in many states
Poor financial inclusion and last mile delivery
Gender concerns regarding spending decisions when money is given
Will a modest basic income account for market fluctuations
Implementation of UBI will merely bring new issues different from the old ones.
conclusion
while survey brought idea to mainstream welfare discourse. it prudently cautions us against implementing it now
for time being we can conduct field trials of idea to generate adequate emprirical evidence
based on trials we may introduce a mix of UBI along with existing schemes. it can be used to replace those subsidy schemes with monetory component alone and will leave the better functioning subsidy schemes untouched for the time being.

Question 19

d37-Rights based approach - and DPSP

Answer 19

Intro
DPSP are positive obligations on the state
aims to realise social and economic democracy for the citizens
as the newly independent nation did not have enough resources to guarantee their fulfilment ,DPSP unlike fundamental rights was made non justiciable by the constitution makers
the arrival of rights based development approach with initiatives like food security act, right to education etc are bringing principles of DPSP into domain of justiciability
Rights based approach-justiciability of DPSP
Rigths based approach
it is a development paradigm that views citizens as right bearing individuals with entitlements to basic needs of life like access to health, education ,nutrition etc.
the state is duly bound to realise these rights for all.
Making DPSP justiciable
MGNREGA guarantees that 100 days of employment to rural poor in securing the rights of citizens to an adequate means of livelihood as provided in art 39 (a)
Right to education act and SSA is upholding the directive in art 45 that state shall provide free and compulsory education until age of 14 years.
food security act legalises art 47 which makes it the duty of the state to raise the level of nutrition.
forest rights act were attempts to promote the economic interests of the Scheduled castes and scheduled tribes as manadated under art 46 to the constitution.
the rights based approach thus makes a shift from the traditional welfare model
which treated government schemes as acts of charity and citizens as passive beneficiaries without any voice or scope to make the state accountable.
rights based schemes re imagined citizen state relations as one governed by rights and responsibilities.
by empowering citizens as active agents with entitlements , these schemes apart from making DPSP justiciable , enhances accountability of these schmes and provided for grievance redressal mechanisms befitting a right bearing citizen case study
if state fails to guarantee the job demanded by the beneficiary , they can lay claim to the unemployment allowance (justiciability ). Mandated provisions of social audit along with the grievance redressal mechanism makes the state accountable to the citizens
eg: MGNREGA allowance, social audit
conclusion
Despite legal guarantees, social and economic democracy still remains a distant dream for the marginalised sections
it is primarily due to weakness in state capacity to deliver them
reduced social sector spending in recent budgets also add to the problem
the aspiration and vision embodied in the rights based approach is powerful and critical to building a new india.
but for this vision to be realised, there needs to be a complementary transformation of state.
steps must be taken to improve administrative capability and staff capacities.
inter departmental coordination, proper grievance redressal mechanism, innovative use of ICT etc can help improve the state’s ability to make these rights reality for all.

Question 20

Role of civil services

d40-Bureaucracy’s role in LPG and LSG

Answer 20

Intro
Indian Bureaucracy witnessed two path breaking reforms in 1990s
we shifted from a command and control economy to a globalised liberal economy with greater role for private sector
Introduced grassroots democracy by institutionalising local governments through the 73rd and 74th amendments
both this reforms transformed the role of the bureaucracy from service provider to one of a facilitator and an enabler.
Bureaucracy’s role before LPG and LSG
bureaucracy actively involved in service provision, development and regulatory functions
PSU’s occupied the commanding heights of the economy
strict regulation of private participation in economy through the license permit system
district administration vested with implementation of developmental schemes
eg: out of every 1 rupee spent npt even 25 paisa reach the beneficiaries
remained as the primary employer
an oversized bureaucracy with inadequate checks and balances made our bureaucracy a corrupt and inefficient one with no outcome or change orientation
bureaucracy transformed from a service provider to one of facilitator and enabler
shifted it focus to policy making
developmental jobs are being undertaken by the local self governments and the civil society organisations with district administration being an enabler
eg: Compassionate kozhikode initative by kozhikode district collector
service provisions are predominantly in the market domain
regulatory bureaucracy regulates the private service providers to prevent market failures
eg: TRAI regulating telecom sector
we are witnessing a shift from a traditional elitist bureaucracy to a citizen centric bureaucracy with institutionalisation of RTI, citizen’s charter etc
question of effectiveness
though demands from bureaucracy has changed a lot since market reforms and decentralisation, bureaucratic culture still lags behind , seriously affecting their effectiveness
bureaucratic red tapism and resistance to changes is preventing a shift to outcome oriented approach
bureaucrats unwilling to attain domain competence —> profession incompetence in negotiations and contracts
eg: failure of state in arbitrations invoked under bilateral investment treaties
lack of a rigorous performance appraisal system, no incentives for performance
so improvement in effectiveness has been limited to certain institutions and agencies as evident from personal success stories in the bureaucracy
conclusion -needed reforms
bureaucratic structure-downsizing with contracting out for increased competition in service delivery
bureaucratic culture- has to be reinvented to become more proactive , risk taking participative and effective
transform our bureaucracy into a learning organisation
where its members are incentivised to gain domain competences , which will put them on par with multinationals they are attempting to regulate.
to fully achieve the aims of inclusive and sustainable development , we need a bureaucracy that is
empathetic and compassionate to the marginalised
promotes welfare of the poor by helping them build communities
enabling governance by bringing together markets and civil society to enhance public interest

Question 21

Role of NGOs

d41-need of partnership between government and civil society

Answer 21

Intro
even though Indian economy grew at over 6 % for the past 25 years, 21 % of our population still lives below the poverty line
access to basic developmental need like quality , health , education, and nutrition remain an unattained dream despite state efforts in this direction
Vulnerable and the marginalised sections of the populace including the women,SC/ST’s , minorities finds themselves largely excluded from the Indian growth story
these developmental deficits despite consistent economic growth points to a clear governance deficit. it is in this context, a case arises for cooperation and partnership for government and civil society , instead of the mistrust and antagonism that characterise their relation in recent years.
body
these complementarity between state and civil society necessitate their cooperation and partnership in developmental activties
government enjoy legitimacy and have access to public funds, but their developmental efforts fail t achieve results because
straight jacketed, top down schemes, that do not meet felt needs of the people, across diverse communities and geographies as there is no consultation with the stakeholders or course corrections during implementation
eg: Earlier santiation campaigns or mgnrega in initial satges.
eg: MGNREGA in kerala restricted as it should be done only in public land, and kerala public land less.
lack of a dedicated and motivated staff at the implementation level
rigid bureaucratic ways of functioning&raquo_space;>Prevent participation of beneficiaries
lack of sense of ownership among beneficiaries -widespread corruption abd leakages
all this further mistrust between government and the governed.
civil society represents social groupings, ngos woring for collective societal problem solving
they are more effective than governments in solving developmental problems because
strong grass root linsk enable them to contribute to developmental policies with a human face
work of NAC in first UPA ministry
passionate and motivated staff with spirit of public service and voluntarism
as they are less bureaucratic , they can innovate and adapt and come up with out of the box solutions that are more cost effective than governments
their participatory methodologies enhance community involvement and thus create a sense of ownership which ic crucial for success of developmental effrots
social audits held under NGO guidance
but they have
limited financial and management resources and expertise
lack of understanding of borader social and economic context
spearheading protests against national interests
lack of legiimacy
lack of transparency and accountability
cancellation of licenses for not complying with FVCRA norms
conclusion
while their complementarity make them natural partners , failure of some of the CSO’s to comply with governmental regulations, protests against developmental efforts, acting as a front for money laundering routing terror financing etc has made relations between these natural partners go away
both government and civil society should use this confrontation among them as an opportunity to clean up their acts
need to bring policy clarity into the civil society space. National policy on voluntary sector provisions can be considered as a starting point
NGO’s must resollve to address the issues of accountability. Peer regulation between NGOS or light touch regulation recommended by the Vijayakumar committee can be experimented
govenrments must proactively ease the process of receiving funds by NGOs
like the ease of doing business
governments must see civil society as a trusted partner and ally for development of its people and not as a necessary evil to be reigned in, in the interest of inclusive and sustainable development.

Question 22

d49-Challenges to RTI

Answer 22

Intro
RTI Act 2005
was enacted with the objective of allowing citizens to secure access to information under the control of public authorities and to make the government accountable to the governed.
Effective institutions are necessary to help achieve the rights of the individuals. RTI by providing access to information help make institutions effective by making them transparent and accountable
Paraphrasing words of former PM Manmohan Singh
The Right to Information Bill, will bring inot force another right which will empower the citizen and ensure that our instituons and the functionaries discharge their duties in the desired manner.
It will bring into effect a critical right for enforcing other rights and fill a vital gap in a citizen’s framework of rights.
Body
Successful implementation of act requires the state to perform roles like
suo moto declaration of information, modernised record keeping, training officers, developing educational programs for public awareness, etc but instead the act faces the following
Challenges from within state
attempts to dilute the effectiveness of the act via legislative amendments
amendment to suspend the rti request upon death of the applicant will further increase the threat to life of RTI activists.
delays in appointment of information commissioners -huge pendency of cases
eg: in assam it will take 30 years for an appeal to be heard
tussle between CIC and DOPT on disclosure of file notings
While CIC included it, DOPT making attempts to exclude it from the act’s ambit
Timid and unsupportive attitude of bureaucracy at the implementation level
no penalties being imposed on erring PIO’s
Higher judiciary exempts itself from the ambit of act and poor response by the subordinate judiciary
Granting stays on orders of information commissioners defeating act’s purpose.
challenges outside the state
Misuse of act
frivolous and vexatious requests draining valuable resources
eg: Information about Speed of internet at PMO

				LAck of public awareness about the act, and its potential.
					to urban class mainly
				Lack of political will
					Political parties unwilling to bring themselves under RTI
				Inadequate whistleblower protection and threats to life of RTI activists.
			conclusion
				an informed citizenry is critical for success of democracy , so the challenges to the act has to be resolved in the interest of transparency and good governance.
				Steps to be taken
					granting financial and human resources to information commissions to clear the huge back log.
					provide attitudinal training to PIO and penalise non implementaiton
					Bring a robust whistle blower protection law to complement the act and protect life of RTI activists.
				In addition to this, success of RTI act require a transformative shift from a parochial culture of secrecy to a liberal culture of openness. The state should take the lead in bringing such a culture.

Question 23

IV.Elections-d36-judiciary role in reducing electoral corruption

Answer 23

Introduction
Electoral corruption strikes at the very root of free and fair elections that constitute a part of the basis structure
Representation of people act aims to ensure free and fair elections by regulating the conduct of elections to parliament and state legislatures as per art 327
it speaks about qualification and disqualification of members , corrupt practices and other electoral offences etc
the recent pronouncements of higher judiciary strengthens the RPA in its fight against criminalisation of politics and electoral corruption which undermines the legitimacy of the electoral democracy
recent judgements and its impact on cleansing electoral democracy
Jan Chaukidari case
1. A person who is imprisoned or is in the lawful custody of the police (except -preventive detention ) is not qualified to contest the election.
2. the case involves sec 4 and sec 62 of the RPA, sec 4 says that only an electoral (voter ) can contest an election.sec 62 on right to vote , denies voting rights to people in lawful custody of the police
3. by reading the 2 sections together court said that , a person who is in lawful custody cannot vote ie not an elector and hence he/she cannot contest elections too
4. this will pre-empt criminals in police custody from contesting the election
seeking vote on basis of religion sec 123 (3)
interpreted sec 123 (3) of RPA and concluded that seeing votes on the basis of religion is a corrupt practice
will help to curtail communal polarisation during electoral campaigns
Lily Thomas case
court declared sec 8 (4) as ultravires to the constitution
sec 8 of rpa has 3 fold categorisation of offences that could lead to disqualification of elected representatives
sec 8 (4) delayed disqualifications of elected representatives sentenced under the above section, until 3 months or their appeal to higher court is disposed with
with this ,all elected candidates disqualified under sec 8 will immediately be removed from office. such criminal elements cannot contest election until 6 years since the completion of imprisonment.
S.Balaji case
whether freebies constitute bribery under sc 123 of RPA
while the court stated that promise of freebies do not constitute bribery under sec 123 , it certainly strikes at the root of free and fair elections and sought ECI to make necessary efforts to end the practie
Net impact of the judgements
while jan chaukidhar case unambiguously prevents criminals from contesting elections , it can lead to victimisation of political opponents by the ruling party
by ending seeking of votes on the basis of religion, it will help curtail communal polarisation during elections. but as the dissenting judges noted, historic discriminations and deprivations suffered by the masses on the grounds of religion, caste and language etc will fail to be an electoral issue.
while Lily thomas case ensures the earliest removal of members punished for criminal offences unlike in the past, rich and powerful politicians can remain in power by managing to obtain suspension of their convictions
conclusion
these judgements clearly strengthened RPA in the fight against electoral corruption
while criminalisation of politics is a menace to be addressed , judicial interventions is not the right way to deal with it and the issue must be resolved by the lawmakers themselves
hence the need to bring in the much needed electoral reforms like making false decoration before the authoriites punishable , making bribery in election’s a cognizable offence
in addition to the recent steps taken by the government to curb the scourge of black money, political parties must bring more transparency in their functioning
bringing them under RTI act as ordered by CIC, promotion of inner party democracy , can go a long way in cleansing our democracy of this pernicuous electoral corruption

Question 24

V.Poverty In India-Government Schemes

Answer 24

1.MGNREGA
Largest programme of its nature.
Debates
Conditional cash transfer programme
need to work to get cash
helped to cause inclusion
10+ years-20 billion person days of employment
a third to SC and STs.
beneficiary has to work manually
rules out rich and middle class
self selection mechanism to choose beneficiary
best mechanism as credible date on poor household is difficult to find.
reached target population most than other government schemes
research shows
helped alleviate poverty
reduced distress migration
raised bargaining power of rural labourers especially women and lower castes
quality of assets improving gradually
Criticism
just cash transfer programme
not creating any durable assets.
future
demand driven
decision making implementation decentralized
allocation fair and transparent criterion.
Sanitation
WASH programme
Water Sanitation , and Hygiene interventions
india only country where more than 50 % of rural population still defecates in open.
India’s Swachh bharat abhiyan
Sustainable dEvelopment goals
eg: In India, NITI aayog is entrusted in task of overseeing implementation of SDGs
SDG 8.7-labour exploitation
eradicate forced labour , end modern slavery, and human trafficking and end child labour by 2025
solutions
multifaceted legal and economic strategy, robust implementation of labour laws, universal social protection floor, self organisation of workers, improved labour inspection, including in the labour economy, corporate accountability for decent work conditions
need for systematic reform to counter distress migration, end caste based discrimination, enforce rural employment guarantee legislation,avoid indiscriminate rescue of voluntary sex workers, protect migrants mobility and rights.
GOI- introducing Trafficking of Persons (prevention, protection and rehabilitation )bill, 2016

Question 25

VI.Education-Primary Education

Answer 25

Intro
Enrolment in Indian primary schools
near universal-100% and above (GER)
number of schools have increased significantly.
MDG target
RTE act
Quality
Learning outcome
less than 50% students in class v can correctly answer reading comprehension and mathematics
only about 42 % class 3 students can read at least a class 1 level text.
raises fundamental questions about what schooling mean.
why ?
singular focus on getting all students enrolled in school
what happens inside classrooms-back seated
components of quality education
infrastructure
teacher training-pre and in service
academic-administrative workload
bureaucracy
after school support
textbook culture
fund allocation
accountability
privatisation
impact of low quality education
learning levels a concern for inclusion and national development
affects all other levels of education
caste, region, gender and class aspects of quality education
affects favourable demographic dividend.
suggestions
improving teacher training centres
increased expenditure on education
integrating skill education with school education
strengthening local accountability mechanisms
extending rte tounder 6 children
challenges in measuring quality and issues about standardised tests.

Question 26

VII. India and Neighbours-India Pakistan Relations

Answer 26

Current
Trump saying that Pakistan only swallowing money not giving results in fight against terrorism
One way powerful american defence industry lobby to blame for that
2 implications
Pak rethink their strategy
Extremist elements come to mainstream
Depends on China’s attitude
Already China faces Xinjiang Threat.
China wants Pak-Af to come common ground
Pakistan domestic issue
Judiciary accused of being junior partner of military
now changing.

Question 27

India breached sovereignity of nations ?

Answer 27

champion of democratic ideals-india’s support to pro-democratic and anticolonial movements across the globe.
art 51
promote international peace and security
maintain just and honourable relations between nations
foster respect for international law (including UN charter)
UN charter
art 2(4) :all UN members shall refrain from the threat or use of force against territorial integrity or political independence of any state.
Panchsheel
five principles of peaceful coexistence -after decolonization, to develop a new and more principled approach to international relations
first formal codification in treaty form was in an agreement between china and india in 1954.bandung conference in 1955
Mutual respect for each other’s territorial integrity and sovereignity
Mutual non aggression
Mutual non interference in each other’s internal affairs
equality and cooperation for mutual benefit
peaceful co-existence
Maldivian crisis-contexualising the statement
current president, abdulla yameen,authoritarian-steady deterioriation of rule of law-jailed judges and former president gayoom.
exiled leader Mohd.Nasheed , asked for India’s active intervention-chinese response. to respect sovereignity of maldives
operation cactus in 1988: military intervention to prevent a coup of its democratically elected government.
By local elements assisted by tamil mercenaries from sri lanka
upon achieving objectives,quickly withdrew its troops
Bangladesh liberation movement
Inflow of refugees from east pakistan
indira ganhi’s regime considered it as a threat to internal security and economic stability of the country
military support to mukti bahini, home grown liberation forces
india-pakistan war in 1971
never occupied any part of pakistan or bangladesh
IPKF operations in Sri Lanka
anti-insurgency and peacekeeping operations against LTTE (1987-90)
deployment following indo-sri lankan accord -colombo’s agreement to devolution of power to provinces enabled by the 13th amendment of sri lankan constitution
LTTE were to surrender their arms to IPKF according to this arrangement
But IPKF had to engage them after they continued to fight the forces
But India quickly withdrew its troops when the newly elected Sri Lankan Govt requested to do so.
conclusion
these instances go on to prove that india’s military involvement in the neighbouring nations were primarily in pursuance of its core democratic and constitutional values and ensuring its internal security and were never intended to occupy or gain foreign territories or resources

Question 28

India and refugee issues

Answer 28

Introduction
signatory to refugee convention
but long tradition of treating refugees humanely
1951 refugee convention
rights of individuals who granted asylum
responsibilities of nations that grant asylum
sets out which people do not qualify as refugees, such as war criminals
art 14 of UDHR : recognizes the right of persons to seek asylum from persecution
india is not a signatory.
Plight of Rohingya Refugees
need for a coherent legal regime
life in makeshift camps in unhygienic conditions
unemployment due to lack of documents and valid ID.
violation of principle of non refoulement which is a part of international law
principle of non refoulement
a fundamental principle of international law which forbids a country from deporting asylum seekers to a country in which they would be in likely danger of persecution based on ‘race, religion,nationality, membership of a particular social group or political opinion “,
Subtopic 2
Lacunae in existing laws
no refugee policy or legislation for refugees, ad hoc executive decisions and judicial pronouncements
ambiguity on who qualifies as refugee
inconsistent approach towards different nationalities
indian govt. determines refugee status for asylum seekers from sri lanka and tibet
UNHCR for other nationalities
foreigners act, 1946
unlimited powers to the police to arrest unrecognized refugees under suspicion, many suffering in prison as a result
conclusion
these inadequacies in the current system demonstrate the need for a new regime
Asylum Bill, 2015 (introduced as a private bill by Shashi Tharoor)
consolidate and harmonizes various policies
autonomous national commission to assess claims
opportunity of fair hearing
clear guidance to law enforcement authorities
provisions to adequately respond to future crisis

Question 29

VIII.India and IR-Multilateral export control regime

Answer 29

Exercise regulatory control over the international trade and distribution,so that do not reach terrorist or rogue nations.
chemical, biological, electronic and nuclear technologies

Wassenaar Arrangement
	on export controls for conventionl arms and dual use goods and technologies
Australia Group 
	for control of chemical and biological technology that could be weaponized
Nuclear suppliers group 
	control of nuclear related technology
India
	into 3 groups
	MTCR-2016
	Wassenaar Arrangement -Dec 2017
	Australia Group-jan 2018
	NSG-not yet
		non signatory to NPT
		NSG waiver in 2008 following 123 agreement -since then India has been streamlining its own export control regime
		however, 2011 guidelines effectively nullified this waiver-made NPT stronger, wants india to join the treaty
	Benefits for India
		defence technological benefits
			access dual use goods and technologies under Wassenaar Arrangement 
		buy high end missile technology from member nations for use in peaceful purposes.
			like space programmes
			brahmos limit to 290 kms, now russia can transfer technology to increase range
		can export/import the most advanced UAVs for use in security and counter terrorism
			like from ISrael.
		diplomatic political benefits -
			a part of the rule making system will not only adhere to the rules but have a say in their formulation
		strenghtens India's Claim to membership to NSG- blocked for quite sometime by China
			china couples with pakistan demand which is a non starter for other nations
		to ensure that the waiver due to Indo-US civil nuclear agreement stil relevant and not modified.
		MAture and responsible nation- confirmation of India's non proliferation record
		8.Strengthens its bid for other major reforms in the international order like reform of the UNSC
		9.Strategic significance 
			India member of 3 while CHina not. India better bargaining chip in its quest to gain a position in NSG.
		India stands to be immensely benefitted both diplomatically and technologically by its entry into these groups thereby making sure that these norm making export controlling mechanisms operate in alignment with its national interests.
Current
	Maximum ceasefire violations
		2004 ceasefire agreement not followed.
		high point of Vajpayee government.

Question 30

Regional Groupings-d33-BIMSTEC

Answer 30

Intro
SAARC -intergovernmental organization formed in 1985
to promote socio-economic development and regional integration
widely considered as a failure in achieving its stated objectives
primary reason :lack of response and/or obstructionist approach of Pakistan
South Asian satellite
BBIN motor vehicle agreement
decades old hostility and mistrust
BIMSTEC
Bay of Bengal Initiative for Multisectoral Technical and Economic Cooperation formed in 1997
member states : bangladesh, india, myanmar, sri lanka, thailand, nepal, and bhutan
brings together 1.5 billion people or 21 % of world population and a combined gross domestic product (GDP) of over $2.5 trillion
main objective : technological and economic cooperatiob
India’s interest : alternative to SAARC -a ‘natural platform’ to fulfill India’s key foreign policy priorities of ‘Neighbourhood First’ and ‘Act East’
Trade :FTA under BIMSTEC-talks launched in 2004
Main hurdle : disagreement between India and Thailand over market access for professionals , duty cuts on traded goods and policy relaxation
Connectivity
Kaladan Multimodal project : seeks to link India and Myanmar
connects Kolkata to Sittwe port in Myanmar, and then Mizoram by river and road
Agreement with Myanmar signed in 2008
Asian Trilateral Highway
connecting India and Thailand through Myanmar
Moreh in Manipur to Mae Sot in Thailand via Myanmar
expected to be completed in 2019
BBIn Initiative
(apart from water resource management and connectivity of power) focuses on the movement of goods and vehicles among Bangladesh , Nhutan, india and Nepal
BBIn motor vehicles agreement (signed in 2015)
Trial runs of trucks between Bangladesh and India have begun
Body paragraph
Strategic significance
to counterbalance China’s increasing influence and investment in infrastructure in the region
like Indian Ocean Rim Association (IORA) , BIMSTEC plays an important role in maritime security and governance around the region
Terrorism and drug trafficking
convention on cooperation in combating international terrorism, transnational organised crime and illicit drug trafficking (2009)
conclusion
bottom up, people centric approach -ASEAN model
focus on priority areas for better implementation of projects- priority to high quality infrastructure
india’s leadership
empower BIMSTEC’s secretariat in Dhaka with greater human and financial resources
open BIMSTEC to extra-regional powers committed to inclusive regionalism like the EU ,Australia, Japan and the US as well and multilateral institutions like Asian development bank