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IASbabas PAPER 2: DAY 1 TO DAY 50 TLP COMPILATION

Q.1) Critically examine the extent to which the Directive Principles of State
Policy have been implemented in India. Examine their relevance in the era of
liberalization and globalisation.
This is a straight-forward question, so the selection of the Top Answer would be strict, as
almost everyone will write a similar answer.
For this, mentioning of the relevant Constitutional articles is mandatory, where the DPSP are
mentioned. Even mention of Ireland is helpful. Then one paragraph dealing with the legislation
which have implemented the DPSPs and another paragraph which talks about the negative
aspects is a must.
Then a last paragraph showing the impact of LPG and DPSPs relevance would be more than
enough.
The Top Answer for this question is written by Pushkal
Ans) Directive Principles of State Policies (DPSPs) enumerated in our Constitution(Art.36-51) are
based on Ireland model. DPSPs serve to provide citizens their social and economic rights and to
make India into a welfare state.
Successive govts. have been successful in granting a legal framework to a majority of DPSPs .
Few of these are listed below:
1) Providing free legal aid through National Free Legal Service Act.
2) Right to work through MGNREGA.
3) Organisation of village panchayat through 73rd Amendment Act 1992.
4) Protection of Environment through Environment Act 1986.
5) Providing free and compulsory education to children through RTE via 86th Amend. Act.
But as far as implementation of these legislation is concerned, govts. have remained
unsuccessful. Implementation of these requires political will that comes under the Governance.
There is no accountability of the implementing agencies, there is a lack of infrastructure,
resources required, lack of financial decentralization , etc.
Art. 39 provide for equal distribution of resources among the people to ensure social and
economic equality. But after the LPG reforms of 1991, rather than providing more opportunities
to the people in open market, reforms have resulted in more inequality. The Indian market
favored the foreign goods and compromised indigenous industries.
So, observing the results of LPG reforms, there is a need today that govts. should strive towards
implementing the objectives of the DPSPs rather than merely enacting the legislation on them.
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Q.2) Fundamental duties are only ethical or moral duties and should not form a
part of the Fundamental law. Critically comment.
Always remember that for such Polity questions, a mention of the relevant Constitutional
Articles is a must. And for this particular question which has critically comment has its
directive, there are two aspects on top of just pros and cons
a) The need for making F.Ds a part of the fundamental law Pros and Cons.
b) Some of the F.Ds are already a part of various legislations while some are not.
So, covering thes two dimensions would be more than enough.
The Top Answer for this question is written by Meera Kelkar
Ans) Fundamental duties were added to the Part IV A of the constitution under Article 51A by
the 42nd amendment 1976, on the recommendations of Swaran Singh Committee.
Over the years, many important laws have been enacted out of them which plays a major role
in the present scenario. Some of them are the Prevention of Insult to National Honour act,
National Flag code, Protection of civil rights act, Wildlife protection act, forest conservation act,
other criminal laws dealing with punishment for encouraging enmity etc.
Some of the fundamental duties from which these legislations are formed play a major role in
the development of the nation.If they were to remain mere moral duties, then the nation
would have seen chaos and destruction of biodiversity by now. The Fundamental duties
therefore act as an implicit warning / obligation on the people and thereby helps in maintaining
harmony and integrity between them.
But, all the Fundamental duties cannot become a part of Fundamental law since that would
lead to too much ambiguity and wastage of national income by long court hearings. Some of
these are developing scientific temper, cherishing the noble ideas that inspired freedom
struggle, Collective activity etc. An act on these duties would be too vague and confusing.
The existing laws should be amended at regular intervals and more stringent laws should be
framed to safeguard Public Property and abjure violence.

Q.3) Enumerate the political philosophies enshrined in the Indian Constitution.


How far are they mutually reconcilable?
The crux of the question is mutually reconcilable, as one can enumerate whatever political
philosophy one wants, but one should give more importance in ensuring that the philosophies
which are mentioned are mutually reconcilable.
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The Top Answer for this question is written by Sepoy No. 1446
Ans) The Indian constitution is an expression of a wide range of political philosophy enshrined
in one big document.
Six Major political philosophies can be traced into Indian constitution Socialism, Liberalism,
Republicanism, Federalism, Feminism and Environmentalism.
Socialism looks for socio-economic equality which comes under conflict with liberalism
sometimes,especially after introduction of economic liberalization. In pursuance of liberalism
government is amending certain laws to provide more autonomy to facilitate individual
freedom and openness. Federalism also comes into this conflict war. There are mechanism like
NITI Ayog and National development council to iron out differences. But this continues to be a
challenge,especially for liberalism.
Republicanism strengthens democratism which in turn strengthens socialism and feminism. The
last one is getting more emphasis these days due to increasing women participation, gender
budgeting and gender parity in occupational mobility and education achievement. Political
gender parity remains elusive,partly to be blamed for patriarchal structure of Indian society.
The last one, Environmentalism, has also grown in stature and size,especially under aegis of
UNFCCC and Indias national action plan of climate change. Environmentalism strengthens
feminism but sometimes creates problem in federal relations.
Thus there are occasional incompatibility in some of the philosophies but as a living document
constitution continues to foster these philosophies with varying success.

Q.4) The present Indian Constitution is an amalgamation of various British


provisions and Acts introduced in the previous two centuries. Narrate the
evolution of the various British legislations right from 1773 until 1947 and
critically comment on their influence on the present Constitution.
Commenting on the philosophy of each British legislation and how it contributed to the
Constitution is what is demanded in this question. One-Two line explanation for each legislation
from 1773 till 1947 is more than enough.
The Top Answer is written by Samudra Gupta
Ans) The evolution of British legislation from 1773 to 1947 are as follows:
Until 1858 the acts were mainly intended to shift the control of power the company to the
british govt though they did make attempts to facilitate administration in the country.
-Pitts Act 1784 created a board of control to check the activities of the company,
-Charter Act 1813 removed monopoly of the company in trade with the East,
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-Charter Act 1833 created a centralised administrative structure in the country
Post 1858 ,the legislations mainly aimed at improving the administration in the country and
they finally culminated in responsible government.
-Councils Act 1861 created a wing for legislation while that of 1891 expanded it.
-Act 1909 created separate electorates
-Act 1919 created bicameralism, dyarchy at provincial levels etc
-Act 1935 had provisions of federalism, separate electorates, provincial autonomy etc
Indian connstitution in its present form draws heavily from the act 1935 in terms of divison of
powers between center and states, bicameralism at the centre, more powers to Governor etc.
At the same time we incoroporated provisons to suit the needs of an independent india such as
Universal adult franchise, Removal of untouchability etc
Though an amalgamation of previous acts,our present constitution incorporates only those
provisons which match the ideals of freedom struggle.

Q.5) How are the Fundamental Rights different from other legal and
constitutional rights? What makes them so special?
Though a very simple question in literal sense but deceptive for most of you. Could have been
handled easily but it was not the case. Except one or two, no one did justice to this. Here,
rather than mentioning the features of FR, you have to compare and contrast it with legal and
constitutional rights. It should include examples in case. Like, if you are talking about
enforceability then do mention the rights for FR as well as Legal & constitutional. For the first
part of the answer, you shouldnt take more than 100 words.
Next part is where only special features need to be mentioned. Not everything!
The Top Answer is written by Nishant
Ans) Fundamental Rights are those which are important for the well-being of an individual.
They are guaranteed and protected by the Constitution. They are fundamental for two
reasons:
a) They are mentioned in the Constitution itself.
b) They cannot be taken away by ordinary legislation except in rare circumstances.

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On the other hand Legal and Constitutional Rights are granted and not preexisting such as the
right to vote. An individual cannot move the Supreme Court for their violation or curtailment
through appropriate legislation.
Certain features which make Fundamental Rights special and different from other rights are:
They are absolutely essential for an individuals all round development. It makes them most
vulnerable towards a tyrannical government and hence needs highest protection
They facilitate establishment of Rule of Law by respecting individual freedom and liberty. For
eg. Article 21 encompasses all necessary conditions required for a meaningful life.
Act as a natural check on the absolute authority of the government and abuse of power, like
implementing populist measures to further self-interest. Thus they lay foundation for social
justice and equality
Provide heft to the Directive Principles to be followed by the government
Hence, where legal and constitutional rights are merely privileges extended by the state,
Fundamental Rights go much beyond their stated meanings.

Q.6) Critically examine the impact of coalition-politics on the Indian Political


System. Make a case on the need for cooperative federalism in todays world.
A very common question these days. We wanted to start off this day with a simple yet
important question. We hear cooperative federalism everywhere these days and including with
coalition politics is a very interesting phenomenon to study.
The demand of the question is straight-forward too. The first 100 words would deal with the
pros and cons of the coalition politics and the next 100 words would deal with cooperative
federalism.
We have two top answers this time because they both have approached the question in
different, unique and innovative ways.
The Top Answer is written by Sarthak Garg and Indushree

Indushrees answer
Ans) The slow decline of national parties and emergence of regional parties led to the evolution
of coalition politics in India. Its influence on Indian Political System is one of degree than of
kind.
Democratic Base :
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Providing representation to regional and sectoral groups strengthens democracy. But, post poll
alliances do not necessarily represent peoples will.
Policy formulation :
Prevents extreme measures and checks tyranny through consensus based politics. At the same
time leads to policy paralysis, suppression of individual dissent through whips
International Relations :
Considers the regional stake holders in formulating foreign policy but can adversely affect
foreign relations. Ex West Bengal delaying Teesta pact with Bangladesh.
Accountability :
While increasing intra-alliance accountability, it also provides opportunities for corruption
defection for want of share in executive power
Government formation :
Assists formation of government in case of hung assembly and prevents expensive electoral
process.But such governments are threatened by instability.
Representation of regional parties in Central government assists co-operative federalism where
strong center supports strong states and vice versa. 14th Finance commission
recommendations, NITI Aayog and Interstate councils stress the importance of co-operative
federalism as it ensures
collective responsibility for solving conflicts.
dispersion of power to provide multiple access points to affected citizens.
effective policy formulation through negotiations and implementation through greater
financial devolution.

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Sarthalk Gargs answer
Ans) Coalition politics means forging of alliance between 2 or more political parties for the
purpose of establishing and maintaining governments. Coalition politics first arrived in the
Political Scene in the form of Janta Parivar in 1977 in wake of emergency, and since then it has
been the dominant theme of Indian political system.
Advantages of coalition politics:
1. More representation to smaller and regional parties enhances their voice and sensitize
governments about regional issues. Thus, it strengthens democratic set-up of governance
2. Inclusion of parties with diverse ideologies, helps in checking the tyranny of majority and
force government to tread broadly acceptable path.
Disadvantages of coalition politics:
1. It generally have destabilizing influences on government, and many times coalition members
seems to arm twist government on certain issues.
2. It also hinders fast decision making, as its tough to bring all parties on board in limited time.
3.Creation of multiple power centres, thus eroding authority of the executive.
A co-operative federalism is a set-up in which central and state authorities work together
cohesively on policy, administrative and developmental issues. It is required in todays world
because of :
1. With increasing globalization, economies of states are directly interconnected to rest of
world. co-operative federalism would help in monitoring and enabling such relationships.
2. States are responsible for the last mile implementation of government schemes,thus cooperation would ensure effective and speedier development.
3. With schemes like make in India, states would need to co-operate on stting up of special
zones and building up ecosystems.
4, Boundary and other international issues could be resolved easly by prompt co-operation
between centre and states eg teesta issue with bangladesh, tamil issue with sri lanka.
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To become a strategic and economic power , India need to present a homogeneous picture to
rest of world and for that co-operative federalism is indispensable.

Q.7) Differentiate a political party from a pressure group. Explain the role of RSS
and Bajrang Dal units of the Sangh Parivar as a pressure-group in the
contemporary Indian Political System.
We deliberately asked this question as we wanted to conduct a social experiment. We wanted
to see how many of you would be a true administrator in dealing with sensitive topics. We
wanted to see who will be vocal enough to write controversial answers and who will act neutral
and give an unbiased answer. The true acumen of a bureaucrat is tested when he is confronted
with such sensitive topics.
Some of you have praised the role of RSS and some of you have criticised it vehemently. We
wanted a good, balanced and neutral answer. We also wanted to see who would give real life
examples of various controversial places, and who would shy away from doing so.
The Top Answer for this question is written by Santhosh Venkatesh
Ans) A pressure group is a group of Individuals who means of organised activity work for
protection and promotion of their interests. Their activities may include Electionieering,
Propagandazing or Lobbying. Examples of Pressure groups are FICCI, Student Unions, RSS,
Narmada bachao Andolan etc
Differences between Political parties and Pressure groups
Objectives :
Pressure groups work for their own interests while Political parties work for National Interests.
Life span: Pressure groups may be ad-hoc or permanent depending on their objectives and
goals. Political parties are permanent and are recognized by Election Commission
Scope of Power : While Pressure groups influence Public policy, Political parties create public
policies.
Means for achieving Objectives : Political parties follow Constitutional methods while pressure
groups occasionally resort to legal methods like lobbying and illegal methods such as strikes.

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Role of Bajrang Dal and Rashtriya swayamsevak Sangh RSS in Indian political system
i) RSS has been the ideological mentor for some political parties and has had profound
influence in its Ideology and creation of vote banks .
ii) Some of Leaders of political parties are former members these Organisations.
iii)RSS supported the Human Rights and Pro Democracy movements during emergency
iv) Certain religious issues that have influenced politics such as Religious conversions ,cow
protection movement, Establishment of temples at Disputed sites such as Ram temple at
Ayodhya arose due to these pressure groups.

Q.8) How far do regional groupings pose a threat to the stability of the Indian
federalism. Trace and analyze the working of such regional groupings.
When we framed this question, we have the Zonal Councils and Inter-State Councils in mind
and that is what we meant by regional groupings. But this was too ambiguous so a whole
range of very interesting answers had come, right from political parties to naxalites. Excellent
innovation and novelty we see daily in these answers.
We do apologize for the ambiguity created but we are very impressed by the type of quality
answers each one of you had produced.
The Top Answer for this question is written by Stalin
Ans) Regional groupings are a mixed blessing.
Pros
Formation of Regional groupings means increased social consciousness as well as right
awareness among people.
It leads to strengthening of democracy. Forcing the legislative to incorporate the public
opinion; Enforce accountability and in precise leads to citizen-centric governance.
Leads to representation of minority interests/excluded.

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However, the other side of the formation of regional groupings has following demerits
Too many number of Regional groupings means more divisive politics. It leads to political
instability,
delayed
decision
making
due
to
lack
of
consensus.
It may lead to different political parties with varying ideologies at state level. This results in
coalition center with contrasting ideologies. This makes running of govt difficult. Thus it may
pose threat to federalism by weakening position of center vis-a-vis states.
To make this working cooperative federalism model, following may be needed.

Form
coalition
at
center
with
parties
having
coherent
ideologies.
Constitution of Empowered group of ministers(EGOM), inter state bodies like Inter-state
council, making proper use of zonal councils and other coordination mechanisms.
Center to respect state autonomy by minimising interference in state list and framing policies
related to concurrent list only through states consultation by making use of coordination
mechanisms like Inter-state council etc.
Q.9) Explain the concept of Judicial Activism and examine its impact on the relationship
between the executive and judiciary in India.
A very simple straight-forward question again. We were expecting to see a lot of real-life
examples in the answers.
The Top Answer for this question is written by Nishant
Ans) Judicial Activism is the use of judicial powers to restrict Legislative Adventurism and
Executive Excesses. Judiciary self-assumes the role to strike down any legislation or executive
action which is against the Constitution. This is done either suo-moto or through public interest
litigations (PIL). SC order to remove photographs of political leader from government ads is a
recent example of judicial activism
The practice has gained steam due to the growing public frustration with parliamentary
dysfunctioning and executive lethargy in cases like environmental pollution. Its impact on
relationship between the 3 organs of Indian democracy is examined below:
Started a game of one upmanship. Eg. after Kesavananda verdict in 1973, legislature assumed
even greater power via 42nd amendment, only to turned down again in Minnerva Mills 1980
Retaliatory response by Executive such as by taking part in judicial appointment through the
newly formed NJAC
Over-interpretation of the Constitution by the Judiciary to force the issue. Taking away
Presidential powers to appoint higher judges in Second Judges Case is one example.
As a result the relationship between the Judiciary and other two has suffered massive trust
deficit. Both the legislative and executive vouch for judicial restraint instead of overreach
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(activism). While the efforts of the Judiciary should be applauded, at the same time judicial
activism shouldnt be treated as a pill for every ill.

Q.10) The Central Government frequently complains on the poor performance


of the State Governments in eradicating suffering of the vulnerable sections of
the society. Restructuring of the CSS across the sectors for ameliorating the
cause of vulnerable sections of population aims at providing flexibility to the
states in better implementation. Critically evaluate.
2013 Mains had asked this question. The crux of this question lies in its directive critically
evaluate, so all those who bashed CSS would get lesser marks if they did not give the other
side of the story too.
The Top Answer for this question is written by Sepoy No. 1446
Ans) Centrally Sponsored Schemes are target based intervention policies which aim to improve
socio-economic conditions of people. These are implemented by states but are formulated and
funded by central government. Examples include MNREGA, Mid day meal, SSA etc
Many of the CSSs are based on one size fits approach. It doesnt consider difference in
priorities and problems faced by states. This poses two challenges:
1. Misdirected efforts: For example, schemes like MDM and SSA are more effective in states like
Bihar and Jharkhand compared to a State like Kerala.Hence proper appropriation of fund can be
done by understanding the ground realities.
2. Inflexible approach: The framework and guidelines are prepared by center which states have
to comply. The states have limited options to amend the policies.
In wake of these inconsistencies and structural problems,now center has de-linked many CSSs
from central funding and have changed funding pattern for many others.This gives more
autonomy and flexibility to states to design their own programmes. The enhanced funding as
proposed by 14th FC(42% funding) complemets this move.
But there are limitation of above restructuring. Not all polices can be de-linked. Few important
CSSs which represent National priorities like those targeting poverty alleviation will continue to
be funded by center. Also,Concerns like central oversight,states performance, actual field
execution will have to be manged for an effective outcome.

Q.11) Examine the demand for greater state autonomy and also its impact on
the smooth functioning of the Indian polity.
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A very straightforward answer where you need to enumerate the various demands which are
usually made for demanding greater state autonomy and then a one-line examination for each
demand would suffice.
In the next part, the various impacts of such autonomy on the functioning of the Indian polity
should be discussed.
The Top Answer for this question is written by Vidhu
Ans) India has been described as a quasi federal state where the power is divided between the
Union and the state governments. Of late there has been a great demand for bringing greater
autonomy to the states. The reasons may be:
1 Planning Commission did not become very successful . The plans worked in top down manner
leaving the states to implement schemes by depending on the Centres help and guidance
2. There is too much dependence of the states on the Centre for funds which is 42% at present.
The domain of raising revenue is lesser for states as compared to Centre
3. The domain of law making is less for states (State and concurrent list) and even then the
Union can dominate
4. Presence and dominance of All India Services creates conflict between states and Centre
5. Inequalities among states in terms of social/economic development, education,
infrastructure demand localized solutions for solving local problems
The impact of greater autonomy for states can be:
1 More funds for states leading to more money for development and reduction in unnecessary
red tapism
2. The states will have a wider domain to make laws providing solutions for local problems.
3. States become more accountable to the people
4. This might create rationalistic tendencies among the states which might hamper national
unity.

Q.12) Bring out the aberrations of the Parliamentary System of Government of


India. Is it time to change to a different governmental system? Critically analyze.
Another simple question. Note that the question is not asking for the demerits of the
parliamentary type of government. It is asking for what has gone wrong with the Indian
Parliamentary system, and if by changing the system, these aberrations will be removed or not.
The Top Answer for this question is written by Santosh Venkatesh
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Ans) Indias experiment with the parliamentary form of government started with the Charter
act of 1853 and got final shape with the Constitution of India.
But there have been deviations or aberrations from the system in the following aspects
After coalition politics came in political ideological homogeneity was lost.
Formation of government by Minority parties with least representation of people by means of
coalitions.
Accountability of Executive to legislature undermined by extensive use of extraordinary
devices such as Ordinances, National emergencies etc.
Autocratic tendencies of the prime minister and dictatorship of cabinet thus bringing in
despotism.
Moral deviations criminalisation of politics, disrespect to parliamentary conventions,
parliamentary disruptions and improper conduct of members.
The presidential form of government Advantages
Faster consensus, better efficiency, coherent, long term policies, faster decision making and
hence faster development.
Independence of executive, Legislature and Judiciary would provide better use of checks and
balances.
But India is better suited for parliamentary government because
Conflict of executive and Legislature, Unaccountability of former to latter would prove very
costly of India.
Past Indian governments have shown Resilience in taking tough decisions and consensus eg
LPG reforms.
Familiarity with parliamentary form of government.
Thus along with the above reasons the very nature of India with many religions, castes,
languages demands a parliamentary form of government which is more inclusive.

Q.13) Comment on the financial relations between the Union and the States in
India. Has the post-1991 liberalization in anyway affect it?
The Top Answer for this question is written by Nishant
Ans) Two provisions govern the Centre-State financial relations in Indian federal setup:

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1. Constitution : Under Article 280 Finance Commission (FC) provides for devolution of taxes
between the Centre and States.
2. Extra-Constitutional : Planning Commission gives funding via Central Plan Assistance to States
and Centrally Sponsored Schemes (CSS)
In this regard, states have raised two major issues:
1. Demand for greater financial autonomy via FC devolution to meet non-plan expenditures.
2. Faulty designs of CSS and their profligation has shrunk the share of untied funds. State plans
have suffered due to this.
Post 1991 Liberalization has added its own impact:
1. Naturally endowed states gained from increased investment inflow. This widened the interstate financial divide.
2. On the positive side, improved fiscal condition gave more voice to states. Some became
prominent stakeholders in regional development. Eg Tamilnadu.
3. Multiplication of CSS via increasing funds from World Bank etc.
Taking cognizance of the demands, the devolution of taxes has steadily increased from 29% in
10th FC to 42% by 14th FC. The Planning Commission has been done away with and CSS
rationalized and delinked to free up funds for the States. Setting up of NITI Aayog shows
Centres commitment to inculcate a spirit of cooperative federalism and rectify its past mistake
of a unilateral policy regime.

Q.14) The freedom of speech available to the members on the floor of the
House is different fro that available to the general citizenry under Article 19.
Comment.
The basic difference between Article 19 and Article 105 is all that is needed.
The Top Answer for this question is written by BS
Ans) The freedom of speech given to member of parliaments or citizens is an essential feature
of democracy. However there are many differences between them:
1. Source: Freedom of speech to citizens comes under article 19 and to MP comes under article
105. However both are constitutionally granted.
2. Nature: Freedom of speech under 19 is a fundamental right of citizens; however that granted
to MP is not a fundamental right.

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3. Scope: The right for citizen extends to whole country and that for former only inside the
parliament and its committees.
4. Restriction: Restriction for article 19 can be put on reasonable grounds mentioned in article
19 itself and no other ground. However the freedom granted under 105 is subject to provisions
of constitution and also to rules and standing orders regulating procedures of parliament.
5. Amendment: Only a constitutional amendment can bring change in article 19. However the
freedom of speech can also be affected through parliamentary rules and orders.
One other fundamental difference is freedom under article 19 facilitates expressing individual
view and opinions whereas that under 105 helps to express popular views through peoples
representatives. However both facilitate mass democracy.

Q.15) Constitutional mechanisms to resolve the inter-state water disputes have


failed to address and solve the problems. Is the failure due to structural or
process inadequacy or both? Discuss. (2013 Mains GS 2)
The Top Answer for this question is written by Indushree
Ans) Parliament enacted the Interstate Water Disputes Act, 1956 under Art 262 to resolve
interstate water disputes and River Boards Act to regulate interstate waters. The recurrent
nature of water disputes, highlight structural and procedural flaws in these legislations.
Structural Reasons:
1. Advices of River boards are not binding
2. Tribunals under IWDA are Ad hoc bodies set up under the discretion of Centre upon request
by States. This leads to politicisation of the dispute. Ex- Cauvery Dispute between Tamilnadu
and Karnataka
3. Absence of permanent mechanisms and punitive measures to enforce the decisions of
tribunal makes the process ineffective.
Procedural Reasons:
1. Inordinate delays in setting up of tribunal, Adjudication of dispute and notification of
decision in official gazette Narmada tribunal took 9 years for resolution.
Negotiating personnel change with changes in State and central governments. This makes the
process more cumbersome.
2. Absence of standard operating procedures and definition of factors influencing conflict
resolution.

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3. Emphasis on legal adjudication over negotiations.
While tribunals such as Godavari and Narmada have been successful, Cauvery and Ravi-Beas
Awards are still disputed. IWDA Amendment Act, 2002 aimed to fix these issues by prescribing
a time limit of 5 years and providing suo moto power to Centre in creation of tribunal as per
Sarkaria Commission recommendations. However, these mechanisms are still marred by lack of
co-ordination between the parties necessitating better definition of both structure and process
for resolution.

Q.16) Although, the Constitution very well enshrined the tenet of direct
parliamentary control of the executive, the last decade was testimony to the
limitations of parliament to check executive corruption. Do you agree?
Elaborate.
In such Elaborate and Do you agree questions, one should use a lot of examples and facts
to justify ones answer, alongwith a bit of background theory.
The Top Answer is written by Harshit Ladva
Ans) There is no denying that last decade was marred by corruption of executive as per
popular media. The parliamentary control was in spirit limited to only corrective measure and
failed to be a preventive cause as envisaged by the constitution due to various reasons
Immature democracy
1) Anti-defection law prevents individual dissent and curbs mature criticism of government
forming political party by its own members. EG:- CWC scam scrutiny
2) No shadow cabinet of opposition which can tail ministers and portfolios for check and
control. Eg:- British parliament.
3) No healthy democratic precedents that respects offices like PM, Speaker , No-Party Speaker
etc.
4) Insufficient allocated time and undue opposition by other MPs on trivial matters limits
parliamentary interaction between executive and legislators.
Socio-Economic profile of legislators
1) Lack of expertise of MPs limits their appreciation of technical issues in matters like Spectrum
allocation corruption scam.
2) No post- election training of MPs due to which they cannot exercise their powers and rights
to fullest. Novice MPs and MLAs often depict ignorance in procedures. Eg Lack of recognition
of Coal-Gate as an unconstitutional Scam/scandal.
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Political Scheming
1) CAG, CBI, ED, NHRC etc act as investigating agencies on behalf of parliament. Political control
and interventions distorts their functioning.
2) Lack of lateral entry of experts to guide parliamentary committees.
It is important to empower and educate parliament to effectively control the executive.

Q.17) Present your views on the need and suitability of the proposed Judicial
Appointment Commission. Do you think that the proposed body for appointing
SC and HC judges undermines judicial independence? Discuss.
The Top Answer for this question is written by Harshit Ladva
Ans) The article 124(A) was proposed as 99th amendment to usher in NJAC which will be
responsible for appointments and transfer of judges.
Need of JAC
1) Present collegium system is opaque, arbitrary and relies heavily on personal preference
which fosters nepotism and corruption.
2) Failure of Collegium system: While the SC has noteworthy work in by-gone years , the
district courts & high-courts have failed to deliver quality service. The various stakeholders
citizens , civil society , media etc have frequently voiced their concern about having a
predictable , transparent and reliable vis-a-vis quick judicial system.
3) Collegium seeks no public participation and hence no responsibility.
4) The seniority criteria doesnt guarantee competence. Due to this , many deserving and
honest court officials are overlooked in making various appointments.
5) Absence of All-India-Judicial Service in-line with IAS/IPS/IFS selection exams further
aggravates the competency issue and it is important that the very best are appointed from
the available lot.
Sustainability of JAC
1) Any appointments commission is not permanent. Eg;- 1st, 2nd ,3rd Judges case.
2) To ensure the judicial independence , a multi-stakeholder but transparent process can be
devised for JAC by tweaking the proposed system.
The doctrine of contempt of court has severely restricted public scrutiny of courts
functioning in media as well as in open.
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Thus the idea for NJAC is noble but its implementation may require tweaking its composition.

Q.18) The Judicial Standards and Accountability Bill tries to lay down
enforceable standards of conduct for judges. Mention the important provisions
of the bill. How far can the provisions of the bill ensure judicial accountability?
Critically examine.
The Top Answer has been written by Nishant
Ans) A check on the Judiciary itself has been missing in the Indian system. The Judicial
Standards and Accountability Bill (JSAB) seek to correct this imbalance. Its key features are
examined below:
1.
The bill lays down standards of judicial conduct eg. Prohibiting a judge from hearing
cases involving family and friends. Although the bill is silent on its enforcement procedure.
2.
A judge is required to declare his assets and liabilities along with that of his family. This
is to bring the judges at par with similar provision for the members of legislature.
3.
To address lack of accountability, the bill creates a mechanism via the Oversight
Committee to entertain complaints against the conduct of judges. But theres further scope to
put in place stringent penalties on frivolous complaints
4.
Parliament can introduce a motion for removal of judges. Since members of the
Oversight Committee and Scrutiny Panel have non-judicial members, this directly impinges the
independence of judiciary, a basic feature of Indian Constitution. Extreme fears of bi-partisan
support to corner the judiciary cant be overlooked as well.
The reasoning behind the bill is sound in principle. But the key issue is to strike a balance
between the accountability and independence of the judiciary. The provisions of the bill
shouldnt become another battle front between the Judiciary and the Parliament.

Q.19) In the light of the recent SC judgements directly or indirectly affecting the
provisions of the Representation of the Peoples Act, analyse the impact of these
judgements on the Indian polity and on the relationship between the judiciary
and the executive.
The Top Answer for this question is written by SK
Ans) The Supreme Court of India has recently given judgements relating to elections and on
some provisions in the Representation of Peoples act which had an impact on Indian polity and
also on the relation between judiciary and executive.
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1.
In Jan Chowkidari case, the Supreme Court barred those in custody from contesting the
elections. Though this judgement prevents criminals from entering politics, innocent under
trails will lose their political right to contest.
2.
In the Lily Thomas case SC held that Section 8(4) of RPA was unconstitutional. RPA 8(4)
gives protection to convicted MPs/MLAs if they file appeal against conviction within 3 months.
Since normal citizens when convicted are disqualified from contesting automatically, how can
MPs/MLAs cannot be disqualified? Thus, the SC tried to restore equality of citizens.
3.
In a recent judgement, SC held that it is mandatory fill criminal, educational and
financial background of the contestants while filing nominations, otherwise they can be
disqualified. By this, the SC upheld the voters right to know about their candidates.
4.
Still, another judgement enforced NOTA option in EVMs. This gives the citizens the Right
to cast a negative vote.
These judgements though aimed at empowering common man and cleaning political system in
the country, the executive viewed it as Judicial Activism. It hastened the enactment of NJAC in
which it sought an equal representation in appointments of judges.

Q.20) The role of individual Members of Parliament(MP) has diminished over


the years and as a result healthy constructive debates on policy issues are not
usually witnessed. How far can this be attributed to the anti-defection law,
which was legislated, but with a different intention?
The Top Answer for this question is written by Deepansh
Ans) The Tenth Schedule of the Indian Constitution validates the Anti-Defection Law,
mentioning conditions for disqualification of MPs. A parliamentarian may be disqualified on the
grounds of defection to another party. It was not originally a part of the Constitution, but was
enacted by 52nd CAA after a sudden spurt in political defections.
Intention:
1.

Primary intention was to curb political defections and rein in the issue of horse-trading

2.
Also, to bring stability in the structures of political parties and strengthen parliamentary
practice by banning floor-crossing.
3.

Promote party discipline.

Unfortunately, it has had some glaring anti-democratic fallouts like:


1.
Muzzled Free Expression: since the law makes it mandatory on the parliamentarian to
vote along party lines or face eviction.
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2.
Debating Rendered Moot: by curtailing the parliamentarians discretion to voting,
effectively suppressing intra-party debate.
3.
Dissent Not Allowed: presence of party whips has been stifling dissent and gradually
decreased the quality of the debates on various policy issues.
4.
Issue of Accountability: moratorium on allowing MPs to change parties reduces the
accountability of the government to the Parliament and the People.
The unfavorable consequences of the Anti-Defection law which potentially undermines the
tenets of Democracy demands that the law should be revisited.
The Other Top Answer for this question is written by Nishant
Ans) Indian Politics has been reduced to a game of numbers. Gone are the passionate debates
of Nehru and Sardar Patel which galvanized the Parliament in the 1950s. Constructive criticism
has given way to unquestioned submission by Members of the Parliament towards their
respective parties.
Anti-Defection Law came in 1985 to check on the issue of political horse trading in the
coalition era. Unfortunately, it has undermined the Parliamentary freedom of speech (article
105) as well.
1.
The law empowered the whip with unprecedented control over party members. Simple
disagreement became digression.
2.
Loyalty was forced just to protect ones membership. Soon, the rare enthusiastic lot of
members also lost interest in raising issues.
3.

Cabinet turned into the mini-parliament where decisions were done and dusted with

Yet, not everything has been impacted. Different motions raised by private members are still
hotly contested in the Parliament. Opposition has invariably filled in for the lack of debate
within the government itself. The Speaker ensures the incumbent government fulfills its duties
towards the Parliament. The proceedings of the Parliament are shown on LSTV / RSTV which is
seen by many people. Hence, it becomes important for the government to table all important
national issues and encourage intelligent discussion on the same.

Q.21) The CAG of India is a prosecutor with a law that hobbles its functioning, a
judge without the power to sentence and a litigant with no right to appeal. Do
you agree? Substantiate your opinion by examining the role of CAG in India.
The Top Answer for this question is written by Nishant
Ans) The CAG is required to secure financial accountability of the Executive. A look into its role
in this regard:
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1.
The CAG derives its powers and duties from Parliament Acts. But they have not been
amended regularly to reflect the changes in public policies. For. The DPC Act 1971 is yet to be
amended to provide CAG with powers to audit government spending in PPP projects.
2.
The CAG takes no further part beyond submitting its audit reports to the PAC. Further
actions are conditional upon the Parliament and not CAG. Therefore, it has no power to punish
despite status of an SC judge.
3.
The CAG is obligated to report post-facto only on the legality of executive spending. It
may comment on acts of impropriety and wasteful spending. But the second role is only
discretionary. For eg. The CAG reported a huge loss in the Coal Scam but it was simply brushed
aside as presumptive by the PAC. Such incidents severely undermine the authority of the CAG
4.
The CAG cannot take suo-moto action on its reports. Neither can they be produced as
evidences against government misappropriations. In a way, there is no right to appeal attached
with CAG or its reports.
Hailed as the guardian of the public purse, CAG has fallen way of short of the words. In practice,
it has been reduced to a glorified accountant of the government.

Q.22) Analyze the merits and demerits of creation of an All India Judicial
Services in India.
The Top Answer for this question is written by Jeandreze
Ans) Any form of All India Service is created to serve the larger goal of National Interest.When
Judicial Services of National Character is thought of, the following challenges emerge:1.
Multi-linguistic Nation:- It might become an administrative challenge to carry work
when local language is different for the judge
2.

If it is cadre based then corruption may emerge as judges would be fixed for long term.

3.

People with lack of required experience may get selected.

However, this system should be welcomed for the following positive changes:1.

It will separate executive & judiciary as appointments would be exam based.

2.
It will clear backlog of cases and improve judges& judicial cases ratio as fixed no of
judges enter the system every year.
3.
Preparing for the next role :- All India Judicial Services will bring new experiences to the
Supreme court.
4.
It will improve Transparency as well as encourage meritocracy.This will clean the system
in the long run.
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As the changes would bring both positives/negatives result,the interest of the public especially
poor sections should be the deciding factor for bringing reforms.

Q.23) Distinguish between the Cabinet Secretariat and Prime Ministers


Secretariat. Which of the above is more important in terms of its functioning in
the country?
The Top Answer for this question is written by Heidi
Ans) Cabinet secretariat is the supporting institution of the apex executive body of cabinet. On
the other hand Prime Ministers Secretariat, which has been transformed into a powerful PMO
by Indira Gandhi, gives direct assistance to the prime minister.
As far as the collective responsibility doctrine is concerned, cabinet secretariat holds more
recognition by constitutional practices than the PMO. But in the context of a prime ministerial
government, PMO has been increasingly recognized as the power center, especially in the
recent Indian context.
There have been considerable debate in the country on an increasingly empowering PMO and a
gradually declining cabinet Secretariat. And controversies between the two institutions also
makes the question of who is powerful ever alive.
The importance of the two institutions are equally recognized from the way they give
significant and progressive assistance as per they are mandated with. both institutions are
undoubtedly inevitable. However a strong and charismatic prime minister can always make
PMO more powerful and influential. And India have seen this already on multiple prime
ministerial periods in the history.
The functions, each institutions undertake make them important contributors of our political
delivery mechanism. It is not competition rather cooperation, that makes them ever relevant.

The Other Top Answer for this question is written by Manikanta Vasu
Ans) PMS was estd in 1947 and renamed as PMO ( Prime Minister office) in 1977. It is estd.to
provide direct administrative assistance to Prime Minister. Cabinet secretariat is established in
1950 and mentioned in the allocation of business rules 1961.
The basic differences b/w the two are.
-PMO provides direct assisatnce to Prime Minister and CS provides secretarial services to the
cabinet.
Administration of rules of business was done by the CS but not by the PMO.
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PMO is responsible for advising PM in his role as Head of the government where as CS
concerned with the PM responsibilities as the leader of the cabinet.
PMO is also responsible for controlling PM relief fund, national defence fund. CS has no such
responsibilities.
Both are important in functioning of the government. Both serve as the breeding grounds of
policies of the government. But the present status of PMO was powerful than CS. It was Lal
Bahadur shastri and Indira Gandhi who made the PMO more powerful. Almost all the decisions
taken by the PM have backed by the PMO advice. CS advisory role was less compared to PMO.
The recent initiative of the PMO is mygov.in which itslef showing the importance of PMO in
the decision making process of PM. Hence as compared to CS , PMS is more important and it is
now in participative approach to run the government.

Q.24) Parliamentarians have always held that Parliament is supreme. But,


actually it is the Constitution that is supreme. Comment.

The Top Answer for this question is written by Deepansh


Ans) Indian Constitution has borrowed many concepts from the UK. But, UK does not have a
written Constitution and the Parliament can make and amend any law it desires. Thus, in UK
Parliament is supreme.
There are certain misconceptions that give the impression that the same maybe true in India
also.
Misconception 1: Any law enacted by the Parliament, is supreme and unquestionable.
Reality: The Preamble clearly mentions, We the people. Thus we, as sovereign people, have
given authority to the Constitution as the supreme law of the land. By the provisions of Articles
13 (Any law contravening the provisions of FR is void), 32 and 226 (SC and HC as protector of
FR) of the Constitution, any law enacted by the Parliament can subjected to judicial review and
can be declared ultra vires if found unconstitutional.
Misconception 2: Parliaments amending powers are absolute.
Reality: Firstly, the power to amend is given by the Constitution itself by way of Article 368.
Secondly, Parliament cannot change the basic structure of the Constitution eg: the
democratic character of polity, etc. This doctrine was established by the Supreme Court in the
Kesavananda Bharati case and reiterated in Minerva Mills case.
Constitution is the source of all the powers. The Parliament is just vested with some of the
powers and thus can never replace the Constitution. Hence, the supremacy of the Constitution,
in Indias context, is undeniable.
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Q.25) In a recent move, Public Account Committee (PAC) had intended for
bringing about a legislative change to make the Comptroller and Auditor
General (CAG) accountable to the Parliament. Critically examine the
consequences if this decision is carried out in India.
The Top Answer for this question is written by Heidi
Ans) The move of the Public Account Committee to make CAG accountable to the parliament is
likely to change the equations of the checks and balances in the system and autonomy and
independence of CAG significantly.
Accountability
Being accountable to a constitutional entity will make CAG more responsible, credible and
impartial in its function. However its autonomy which provides for fearless action should not be
compromised.
Credibility.
CAG, being an independent constitutional authority is out of reach of political control. making it
accountable to parliament poses threat on its credibility as there can be political influence on it.
Public Trust
Recent proactive interventions of the CAG which brought out a series of scams and corruptions
to the light made immense faith in the public and they view it as a proper unbiased check on
the executive. this trust should not be eroded.
Constitutional Promise.
An independent and autonomous CAG is a promising provision of the constitution. The wide
ranging scope of such an institution cannot be compromised for political negotiations.
Though there are limitations for CAG on certain procedural and functional fronts, It still remains
as an independent, credible and autonomous constitutional body mandated to have a watch
and check on executive misdeeds and infringements. It should not be dilute

Q.26) The first law of decency it to preserve the liberty of others. How far the
safeguards provided by the Indian Constitution to respect the liberty of the
minorities in the country been effective? What do you think; it is the problem of
law or society?

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The Top Answer for this question is written by Dark Matter
Ans) To preserve diversity and integrity of the nation, our constitution has included various
provisions to safeguard linguistic, ethnic, religious minorities such as in fundamental rights right
to equality(14-18), religious rights (25-30), and created commissions like national commission
for minorities, special officer for linguistic minorites, legislations, separate ministry of minority
affairs, special funds to safeguard minorities interests
These resulted in significant improvement in status of social indicators of minorities and
employment levels but still minorities have been facing second handed citizenship due to
problems of both law and society
Problems with law:
1.

National commision which looks into various issues have only recommendatory powers.

2.

Effective legislations were not devised by many states.

3.

Lower allocations to ministry.

These clearly outlines problem of implementation.


Problems with society:
1.
Due to categorisation of residential areas every minority have their neighbourhoods
preventing cultural mix and closing the window of opportunity of mainstreaming minorities.
2.
Aversive attitude of majority makes integration a difficult problem. Recent example of a
muslim citizen facing difficulties in finding house and a prominent industry denying a job
opportunity solely on the basis of religion proves the point.
3.
Vested interests creating problems like communalism, NE exodus, ousting biharis from
maharashtra, playing politics in providing reservation and others creates a hostile nature
among majorities societies further widening gap between both.
As pointed out by sachar committee,an inclusive approach of development along with capacity
building programmes for minorities, integrating strategies by promoting cultural programmes
are needed to tackle this problem.

Q.27) Does Indian Cinema reflects the real India? In terms of viewership, is it
sports or cinema that dominates the Indian heart? Comment.
The Top Answer for this question is written by Ankita
Cinema is said to be the mirror of the society .Through the medium of the popular art various
facets of Indian society are portrayed .Documentary films on gender issues, child abuse, and
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other social stigmas are reflected by our cinema eg gulabi gang showed women united to fight
against miseries.
The documentary Indias daughteron the nirbhaya rape victim was meant to sensitise people.
Wildlife films help in educating and spreading awareness. Cinema showcases a variety of
emotions which can be associated with our day to day life. Cinema on sports personalities like
Milkha Singh and Mary Kom inspires many. Plight of rural folks have been well shown in cinema
like Peepli live..
However, apart from reflecting real India, Cinema affects and influences people. The dress style
,life styles of icons, some crimes are even imitated .
In terms of viewership Cinema out beats Sports due to various reasons:
==large span and scope of Cinema eg mainstream off-beat, spiritual, regional languages
==Cricket tends to overshadow other sports
==glamour content of cinema attracts wider audiences
==Female audiences prefer Cinema over sports
==business dimension of Cinema out numbers sports (except Cricket)
Both Cinema and Sports are part of leisure activities and promoting both will be economical
and emotionally fulfilling. Both reflect the aspirations of society and act as a uniting factor
cutting across geographical, language, caste barriers.

Q.28) Critically examine the consequences of legalization of prostitution in


India.
The Top Answer for this question is written by Namrata
Ans) Prostitution is viewed with immense disrespect in the Indian society. While some take to
this profession due to financial crunch, others are forced into the trade by fraudulent selling.
Legalising this profession presents both sides to the coin.
The probable pros are:
1.
Improved Standard of Living: Sex workers would be entitled to several government
schemes like Aadhaar Card. The labour laws would ensure protection of their rights and
dignified way of living including education and healthcare facilities for their children.
2.
Better Health Status: Timely medical checkup of workers would help checking the
spread of HIV and other Sexually Transmitted Diseases.

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3.
Reduced Crime: Crimes against women like rapes may reduce. Children trafficking can
be monitored.
4.
Easier Grievance Redressal: Workers would be able to report to police cases of violence
by customers and brothel owners.
5.
Taxation: Government would get the added advantage of tax collection from
prostitution business.
The probable cons are:
1.
Human trafficking: Cases of human trafficking would be on the rise to meet increasing
demand.
2.
Exploitation: Customers would consider it their right over sex workers, leading to
unnatural sex and their rape.
3.
Values: Societal values may stand to be harmed as such business may get the license to
operate near our homes, educational and religious institutions, having ill-influence on children
specially.
4.

Family life: Marriage life may stand affected with legalised availability of sex.

Legalising this profession requires social acceptance and to ensure that the merits are
implemented effectively to outweigh the demerits of prostitution, for which India is not ready
presently.

The Top Answer for this question is written by Dark Matter


Prostitution in india can be traced back to times of devadasi system.but recently prostitution is
being utilised by many anti social elements and commiting various atrocities.one of the
solutions to this is legalisation.
Positives of prostitution:
1.it would make prostitution as a respectable economic occupation and would extend
government control over this sector controlling problems like humanrights
violations,trafficking,forced prostitution.
2.This would increase involved women dignity in the society
3.Government social secutiy schemes could be applied to support those who are involved in it
4.Legalization could make government to take step to tackle various health problems like
aids,sexually transmitted diseases which could improve invovlved womens health also and
reduce public health burden expenditure
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But these advantages need to be looked in the sphere of:
1.legalisation could increase commodification of women in already patriarchal dominated
society
2.Due to decentralised nature of occupation,strict oversight may become difficult leading to
underground nature of prostitution
3.This could impact indian ethos and could undermine traditional family role
A cautious approach after conducting deliberations with all stake holders involved is necessary
before taking any radical step and various other optins like providing alternate employment to
women involved also need to be looked upon

Q.29) With the incident like Charlie Hebdo, do you think Media has gone onestep ahead in inviting trouble despite of the awareness of the danger some
topics are fraught with? Is it a case of Truth reporting or TRP-reporting?
The Top Answer for this question is written by Nishant
Ans) Freedom of Press itself comes with reasonable restrictions under Article 19. But the news
media seems to be pushing these limits more often these days. Charlie Hebdo was one such
incident. Ethical journalism demands reporting on critical issues, but it also prescribes due
sensitivity and restraint where needed. The Indian media too seems to be lacking in these
ethics.
Competition and one-upmanship has forced media to resort to new ways of reporting which
often invite trouble. The recent case of a news channel calling the family of a captured terrorist
is one such incident. Secondly, the concept of 24/7 news requires media to create news out of
thin air. There have been reported cases of paid news, planted interviews. Truth reporting
then becomes TRP reporting.
Media, especially in India lacks strong regulation both self-imposed and institutional. They
usually take protection under the popular phrase freedom of press.
While their efforts in channelizing civilian activism should be applauded, the emerging
phenomenon of Media Trial as seen in Yakub Memon hanging only undermines the
esteemed authorities such as the Supreme Court. Sensationalism instigates people the wrong
way and may even create communal tension. As quoted by noted journalist Rajdeep Sardesai
News media then become supari journalism.

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Q.30) Indian democracy has successfully failed to take forward the agenda of
social revolutionaries such as Phule, Ambedkar and Jagjivan Ram. What were
these agendas and why did they fail?
The Top Answer for this question is written by SK
Ans) The common agenda taken up by the social revolutionaries like Ambedkar, Jyoti rao phule,
and Jagjivan ram were:
1.

To eradicate untouchability

2.

To eliminate discrimination on the basis of caste or birth

3.

To eliminate social oppression of Dalits by the upper class

They have spread their agenda under special organisations set up for the purpose. For example,
Ambedkar formed Bahishkrit Hitakarni Sabha, Phule formed Satya Sodhak Samaj, and Jagjivan
utilied All India Depressed Classes League.
However, the Indian democracy failed to take forward their vision. Various reasons are
attributed to this.
1.

Failure of implementation of law

No. of cases of untouchability are increasing as per National Commission for Scheduled Castes
(NCSC) report, but conviction rates are reducing under Protection of Civil Rights Act. There are
no special courts to hear complaints against SCs problems.
2.

Failure of the state

The govt. failed in providing them proper educational, health and employment opportunities.
Lack of income security forces them to continue bonded/forced labor; undertake manual
scavenging etc. Thus, discrimination is forced to continue in a disguised form.
3.

Failure of NCSC

Its only a recommendatory body, with no penal powers, inefficient staff, less field workers,
innumerable pending complaints etc.
4.
Poor representation ratio at Parliament, State and Panchayat levels corresponding to
their population even after 73rd and 74th amendments.
To address these issues govt is bringing SC and ST (Prevention of Atrocities) Amendment Bill,
Prohibition of Manual Scavenging Bill etc.

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Q.31) Corporate funding in India has a history that goes back to the freedom
movement. Outline the history, legislation governing over corporate funding in
India and explores the perils of over-reliance on corporate funding.

The Top Answer for this question is written by Heidi


Ans) Corporate funding has become one of the major causes of crony capitalism and political
corruption over the years.
History
During our freedom struggle industrialists and business men of our country hugely donated to
the congress party. Tatas and Birlas contributed to the party. To break the nexus it was banned
in 1969 but revoked later in 1985.
Legislations
Under Section 29C of the Representation of Peoples Act, the political parties are required to
declare the details of contributions of more than Rs. 20,000 and prepare a report for the same
in each financial year
Under Sec 182 of Companies Act 2013, donations to political parties must be in existence for a
minimum period of three years and only up to 7.5% of its profit in a year.
Electoral Trusts Scheme, 2013 has been enacted in order to streamline the process of
corporate funding.
Concerns
Increased corporate pressure and influence on government policies which lead to crony
capitalism.
Ever increasing peril of black money circulation during elections in particular.
Corporate funding can lead to increased corruption in politics.
The interests of the poor and marginalized will be negotiated by favoring the corporate.
The way forward
Strict enforcement of these legislations to curb unholy nexus between politicians and
corporates.
Considering the state funding of political parties as suggested by Dinesh goswami committee.

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Q.32) Active participation in a democracy should be voluntary. Is compulsory
voting against democracy? Substantiate your answer with a critical examination
of the above statement.
The Top Answer for this question is written by Rohit
Ans) A few years ago, SC included an option called NOTA, claiming it would upheld the rights of
voters to reject all the candidates and will help in numerating the views of voters and help to
clean the political system. This was done to increase the public participation in democracy.
Recently GJ govt has come up with an idea of compulsory voting to increase the participation.
The idea of compulsory voting can be for or against the democracy
For democracy
Civil Duty A democracy would become better if every people realise that they not only
have a stake in the democracy but can also change it.
Political temper More people will be engaged to the process, develop political temper,
read the manifestos and hence elect better candidates.
It has been seen that the voting percentage in villages have been greater than that in urban
cities. Which points to the ignorance of well off people to be a part of democracy. Compulsory
voting will force them to be a part of democracy.
Revenue could be generated through fines.
Voters always have NOTA , if they are uninformed about the candidates.
Against democracy
Right vs Duty It will make voting a duty rather than a right. Not expressing the political view
is also a freedom which will be exploited.
Some people really do not have time to vote. Which questions the feasibility of the process.
It will be easy for the corrupt/powerful political parties to influence the non voters to vote
them.
Random votes of uninformed voters can be a threat to a better government.
Compulsory elections can be a threat to greater level of freedom and participation to those
involved in the process specially in a bigger country like India. Creating awareness about the
power to vote is the way to go ahead rather than to make voting compulsory.

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Q.33) Discuss the recent developments regarding NRI Voting in India.Do you
agree with the view that NRIs should be given the Right to Vote?

The Top Answer for this question is written by Heidi


Ans) Being a genuine demand, NRIs were given the right to vote Under newly added Article 20
(A) of the RPA in 2010
The recent developments
NRIs can now enroll in the electoral rolls in India.
Eligible voters can register online for an e-postal voting
National Information Center is mandated with IT assistance to the Election Commission in this
regard.
This will enable 11 million NRIs to vote through web based e- postal ballot.
Granting NRIs the voting right is a progressive step because
Giving them an opportunity to vote will ensure that, their problems are rightly heard and their
interests are duly represented.
Being huge in numbers,their vote can make significant influence in their respective
constituencies.
Leaving home and living abroad give little opportunity for them to be a part of our democratic
politics. right to vote will make them informed citizens and vigilant political observers.
Acknowledging their immense contribution to our economy as remittance is important. their
remittance is the economic backbone in the states like Kerala
Though there are technical and structural complications, our collective effort can ensure
democratic participation of NRIs in the near future.

Q.34) Has Social Security and Welfare in India fulfilled the demand of
protection & promotion of an individual? Critically examine if the MNREGA has
resulted in an increase in the purchasing power and the standard of living of
rural households.
The Top Answer for this question is written by Santhosh Venkatesh

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Ans) Social security and welfare is mentioned in Part IV of our constitution involving DPSP.
There are two aspects of Social security Protection and Promotion.
Protection of Individual to ensure living standards to not decrease
Central schemes such as National Social Assistance Programme for poor along with numerous
state run schemes are examples. Recent surveys indicate that these schemes have had delays
but have reached target beneficiaries.
Promotion of Individual to overcome deprivation by increasing living standards
Nutrition and Work entitlements for all via Food security act and MNREGA were major
initiatives. Many states have not implemented NFSA but it is hoped to prevent deprivation in
future.
With regard to MNREGA issues such as implementation, Delayed payments, lower outlays by
the government, lower quality of created assets have surfaced.
But MNREGA has protected poor from Crop failure, seasonal Unemployment, need for
Migration, loans and Money lenders. World Bank has recognised MNREGA effective substitute
for lack of crop and weather insurance in India. Also a recent survey has indicated that
MNREGA helped reduce poverty by 32 %.
Recent initiatives of government such as Atal Pension Yojana and U-WIN card will ensure social
security but need legal backing. MNREGA despite its failings has increased purchasing power
and the standard of living of rural households thereby ensuring economic sustainability of rural
poor.

Q.35) How significant are the recent strides made in the legislation of child
rights by the human rights institutions? Evaluate.

The Top Answer for this question is written by SK


Ans) Many legislations that are related to child rights in India are the outcomes of sustained
campaigns by the human rights institutions. The most recent one is the Juvenile Justice Bill. The
government has tried to push the Bill through the Parliament though it contained several
controversial provisions. For example, the Bill declares that those who commit heinous crimes
between the ages of 16-18 will be tried as adults for punishment. Many human rights
institutions opposed to it citing international provisions under United Nations Commission on
Rights of Child, which treats children up to age of 18 as juveniles. Since they gathered public
opinion against the Bill, it was stalled for revision.

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Various institutions, including corporates, fought for Right to Education for children. Thus, 86th
Amendment in 2002 came into force providing for Right to compulsory primary Education for
children up to 14 years.
Similarly, several institutions worked hard to prevent forced labor of children. Recently, childs
rights activist Kailash Satyarthi won Nobel Peace Prize for his efforts to reduce incidence of
child labor.
After 65 years of independence, only recently the Parliament could pass a law against sexual
offences on children POCSO act. This could not have come into light, but for sustained
pressure exerted by the rights institutions.
Thus, human rights institutions have a significant contribution on the legislations for childs
rights in India.

Q.36) The recent engagements of India and UAE embark Indias Look West
Policy but it equally defines GCCs Look East Policy for the greater Indian
engagements with West Asia. Elaborate.
The Top Answer for this question is written by Heidi
Ans) The recently revived India- UAE relation is more than a bilateral engagement, it is more of
a look at each other strategic partnership between India and Gulf Cooperation Council.
GCCs Look East Policy
1.
GCC Sunny regimes including heavyweights like Saudi and UAE are worried about the
recent US- Iran (Shia dominated) engagements.
2.
India can be a strong defense partner to protect the resource rich regions of GCC in the
conflict ridden middle east.
3.
The shift in the global energy market from the west to the east makes India an
important player in the region.
4.

GCC is the big stake holder of Indias regional stability policy.

Indias Look West Policy


1.

GCC supplies almost 2/3 of Indias energy requirements.

2- Indian exports of textiles, electrical goods, IT products and spices to GCC is significant and
account for a 84bn USD trade.
3.

GCC provide job for almost 5 million Indians.

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4.

GCC is important for India in tackling terrorism in the region.

Look at Each Other Policy


The recent India- UAE engagements reveals the positive shift of GCC towards India. The
acknowledgement of religious pluralism and multiculturalism in India by GCC and Rich Arab
culture by India call for a new foreign policy epoch. Both parties have bright future to walk
along.

Q.37) The past two decades of Look East Policy (LEP) have provided the
foundation for rapid growth of IndiaASEAN relations. Yet, a critical analysis of
the LEP would show that its full potential has not been realised. Critically
examine.
The Top Answer for this question is written by Santhosh Venkatesh
Ans) Indias Look East policy has laid foundation for the institutionalization of ASEAN-India
relations that began with the First ASEAN-India Summit in 2002 and has achieved considerable
success.
India-ASEAN have institutionalised their dialogue on political and security issues. Eg- BIMSTEC,
(EAS), Mekong Ganga cooperation, naval exercises such as SIMBEX.
ASEAN relations have helped India secure its interests. Eg Double taxation agreement with
Indonesia and renewal of Indias oil blocks in south china sea by Vietnam.
Along with this new FTA in services will open up a plethora of opportunities for Indian service
sector.
But India is yet to realise its full potential with ASEAN because
India is behind China in terms of volume of trade and economic ties with ASEAN countries.
FTA with ASEAN has increased imports and decreased exports due to duty inversion
String of Pearls Theory, South China Sea and Philippines Shoal incidents have been instances
of Chinas assertive behaviour and Indias intervention has been limited.
The deepening of Economic ties is not possible without proper Infrastructure and connectivity
to ASEAN countries via NE states.
Although India and ASEAN countries are Net importers of Hydrocarbon there has been limited
cooperation on alternative sources energy.
Addressing these issues would not only strengthen Indias Energy security and Economic ties,
but would also counter the rising assertiveness of China in the region.
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Q.38) Trace the structural changes in Indias foreign policy since independence.
The Top Answer for this question is written by SK
Ans) Structural changes in Indias foreign policy since independence can be viewed in polity,
economy, defence and federal.
Polity
During the Nehruvian era, the foreign policy was based on the political ideas of non-alignment,
idealism, peace and cooperation. Post Nehru, a gradual shift from mix of idealism-realism to
pure realism was witnessed.
Defence
Nehru believed in international peace under UN, and neglected defence development. This has
costed us 1962 China war. Later, Lal Bahadur Shastri govt undertook massive modernization of
defence forces. India could successfully defend Pakistan in 1965 and 1971. Going forward, India
witnessed nuclear tests twice Pokhran 1 (1974) and Pokhran-II (1998).
Economy
Nehruvian era focussed on self-sufficiency and import substitution. Indias economic policy
was largely influenced by Soviet Socialism and Five Year Planning. After Cold-War, with the
disintegration of USSR, India undertook LPG reforms and embarked upon free market
capitalism.
Federal structural changes
With the increasing globalization and coalition politics, the foreign policy came to be hinged
upon states interests, unlike earlier when the Centre alone used to decide. From conflict
politics arising out of states personal interests, as witnessed in Teesta Deal, Tamil issue in Sri
Lanka, Indias foreign policy has gradually shifted to the centre stage of cooperative and
competitive politics from states, as witnessed in Gujarat Vibrant Summit and Andhra Pradeshs
Capital building with Singapores assistance.

Q.39) Discuss the strategic significance of International North- South Transport


Corridor (INSTC) for India. What are the prospects and bottlenecks for India in
achieving the fruits of INSTC?
The Top Answer to this question is written by Mr. Red Panda
Ans) The International North-South Transport Corridor (INSTC) is a multi-mode transit (Road,
Rail and sea ways) that moves freight between India, Russia, Iran, Europe and Central Asia.
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Strategic Significance:
1.
Augments Indias Connect Central Asias Policy. The rich Uranium, oil and natural gas
resources can be accessed. It also complements Indias efforts as part of Shanghai Cooperation
Organization (SCO).
2.
Indias Look West Policy gets boost. It strengthens relations with Iran and Ukraine.
Blue Navy efforts of India finds an echo with improved Russian and Europe relations.
3.

Indias role in controlling terrorism would lifted to global stage.

Prospects:
1.
Indias Chabahar deep port project in Iran would give access to markets of West Asia
and Turkey using Iranian road network. It would boost Indias plantation, saffron and automobile manufacturing.
2.
The markets of Romania, Hungary, Czech Republic and others of Europe would be
accessible that can help Indias cropping in horticulture and textile industry.
Bottlenecks:
1.

There is no strong mechanism in existence to follow-up the project.

2.

Trade procedures including customs and documentation not yet streamlined.

3.

Security fears from Afghanistan and other terror outfits in the region.

4.

The threat of freight movement being one sided would increase cost.

Sustainable dialogue in the form of independent joint groups and regional cooperation are
crucial to complete the project.

Q.40) In the last two decades, Indian States have played a pivotal role in
shaping her foreign policy. Comment.
The Top Answer for this question is written by Maari
Ans) In India,Centre has been shaping up countrys foreign policy but off late States role in
foreign policy has been increasing since last two decades which can be seen in following ways
1) Political:
1.

i) Jammu and Kashmir has been the nodal point in shaping India s relation with Pakistan

2.
ii) Tamil Nadu -Sri Lanka : In relations with Sri Lanka and in skipping CHOGOM meet and
UNHRC resolution Indias stand has been greatly influence by aspirations and interests of Tamil
Nadu .

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iii)West Bengal-Bangladesh : Many agreements including recently concluded Land Boundary
Agreement West Bengal played a pivotal role in influencing decisions.
iv)North East States are crucial for success of Indias Look and Act East Policy.
2) Economic
1.
i) States have been taking initiatives in economic development activities vis- a-vis
foreign countries led to development of cities like Hyderabad ,Bangalore and recently Andhra
Pradesh taking help of Singapore in finalizing master plan for its capital city.
ii)Migrants from Kerala send major part of remittances from the gulf countries and also have
been instrumental in India maintaining friendly relations with the Gulf countries.
3) Social
1.
i) China has signed sister city agreements for the better people to people contacts with
following cities Chennai -Chongqing,Hyderabad -Qingdao,Aurangabad -Dunhuang.
Recent initiatives like Ministry of External Affairs (MEA), appointing a joint secretary for
Centre-State relations for facilitating foreign investment reflects the increasing importance of
States.

Q.41) The UNO needs structural and functional reforms that are needed to be
infused into as new issues and forces impinge on its functioning. Comment.
The Top Answer for this Question is written by RKM
Ans) UNO is an intergovernmental organization which was made to replace the ineffective
League of Nations in 1945 so as to avoid another world war.But during cold war , US and USSR
often paralysed the organization and it intervened only in conflicts nit related to cold war
thereby not fulfilling its mandate of peacekeeping in world.Although it did help in
decolonization process.
Even in post cold war era it failed in its mission as seen in Somalia and Rwanda crisis.Several
organs of UNO like UNESCO and UNICEF faced charges of corruption due to which several
countries withdrew their funding. So due to above issues and also due to dynamically changing
polarity of world and other emerging humanitarian, environmental crisis it certainly need some
reforms.
Structural reforms
Expansion of UNSC so to to ensure proper representation of world which currently is skewed
in the favour of west.
Do away with Veto power.
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Efficiency and transparency watchdog to remove corruption issues.
Funding should not be voluntary and must be based on CBDR principle.
Functional reforms
Decisions should be as far as possible based on consensus.
Organizations like NATO should be avoided and be replaced by UNO forces in conflicts.
UN secretry general should not be a rubber stamp and need more powers.
So for UNO to remain relevant in the new multipolar world , these reforms should be done on
priority , otherwise it faces the risk of losing its relevance.

Q.42) Last two decades has seen incessant growth of several regional
organizations that indirectly expose the crisis present in International
Organizations. What are the reasons of such growth? Do you think
International Organizations have lost its relevance?
The Top Answer for this Question is written by SK
Ans) Since the beginning of the 21st century, there has been a rise in the number of regional
organizations throughout the world for various reasons. Some of these reasons are:
Finance and Trade Rise of third world countries in the global economy necessitated regional
cooperation on various economic issues in order to protect domestic markets, increase FDI and
market share, increase competition and efficiency etc. These are reflected in regional
free/preferential trade agreements, customs unions, currency unions etc. Examples:
MERCOSUR, NAFTA, TPP, EU, ASEAN FTA etc.
Security Rise of fundamentalism, extremism, and radicalism necessitated regional security
treaties. Examples: CSTO, ANZUS, SCO etc.
Environment & Nature protection Protection of natures elements sometimes fall under the
common responsibility of two or more nations. For example, rivers, endangered animals,
forests, cleaning ocean pollutioin etc. Examples, Mekong-Ganga Cooperation.
Various other reasons include: energy security, cultural, ethnic, religious affinities,
military/arms cooperation, ideological and political groupings, drug trafficking/smuggling etc.
Most of these regional organizations cover multiple aspects in cooperation. For example, GCC is
a political and economic union.
Relevance of International Organizations In a globalized world, there are several issues which
are common to all the nations. For example, Climate Change, refugee crisis, internet, global
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security, international trade and finance. These issues need cooperation of all the nations at
global level. They cannot be solved either in isolation or by regional cooperation.

Q.43) Rising humanitarian crisis and afflictions on people pose a serious


question on working of international organizations in the name of Human Rights
Organizations. In the light of the statement, critically discuss the role of United
Nations Human Rights Commission (UNHRC) and other similar organizations. Do
you think such organizations have proved inefficient?
The Top Answer for this Question is written by Amruth Kumar
Ans) World is facing one of the worst refugee crisis since World war 2, More than 10 million
people are displaced due to wars and famine in Somalia, Syria, Afghanistan etc.
Role of UNHRC and other organizations in tackling the Humanitarian crisis
1) They publish reports on all the events, estimate the loss of life, property and blame the
wrong doings and bring war criminals to justice
2) they have played crucial role to make people aware of the damages due to war, it can act as
both deterrent for war and help to attract funds for the needy.
3) It condemned Israel for bombing Gaza, UN GA passed the resolution condemning Israel. It a
huge success as USA was supporting Israel. It clearly indicates the impact of the report.
4) Reports are unbiased (atleast less bias), reports prepared by the host countries are always
subjected to bias.

Limitations of the Organization


1) There actions are after the event, they have limited power to prevent a crisis.
2) Despite of reports world powers have failed to solve the issues of Syria, Israel-Palestine and
people continue to live in inhumane conditions.
3) Insufficient funds and effective utilization

Mandate of the organization is to show the world the crisis and force them to come to a
solution. But the final button of solution always lies with political masters whos decisions
influenced by their personal growth, alliance, domestic situation etc. Better funds, a dedicated
peace keeping force with can help to reduce the impact of crisis.

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Q.44) The Security Council faces far more fundamental problems than the
persistence of the veto. Comment.
The Top Answer for this Question is written by Annapurna Garg
Ans) The United Nations security council has been lately in news for many of it limitations. The
UNSC reforms have been under consideration since 1992.
Central to these reforms is the issue of veto power. Veto powers to the five contries gives them
assymetry all powers and leads to stalling of decisions very often. For example, U.S. vetoed the
decision to term Israeli settlement in West Bank illegal despite consensus in General Assembly.
Thus geopolitical gains makes the veto power questionable. This should either be done away
with or extended to other deserving countries as well.
Besides there are other problems as well:
1.
Representation is highly skewed with no representation from Africa, South America and
very less representation from Asia.
2.
It still represents 1945 world order, despite major shifts thereafter. Considerations such
as economy, population size, human and monetary contributions to UN are barely visible in it
composition.
3.

General assembly is subordinated to UNSC, despite having broader representation.

4.
UNSC seem to be incapable of preventing unilateral military action like what US did in in
Iraq in 2003.
5.
Present crisis in Middle East shows its failure to contain the rise of extremists
tendencies. For example rise of IS and its continuing advance.
This shows the urgency and inevitability of UNSC reforms on a serious note. Present stalemate
shows is due to unwillingness of P5 to dilute their own position. Its important to resolve this
stagnancy by greater push by the countries demanding reform and maturity on part of P5.

Q.45) Created in 1945, the UNSC still reflects the international power relation
that was at the end of Second World War. Critically comment.
The Top Answer for this Question is written by Manikanta Vasu
Ans) In 1945, after the end of the world war 2 ,United Nations Security Council (UNSC) has been
established with the objective of maintaining global peace.

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Even after the 70 years of its establishment UNSC reflects the world power relation at the time
of the end of WW2. This can be seen because
There is no change in its structure since the WW2, as the same powerful countries are
continued to be the only powerful nations in UNSC.
Many major economies like Germany and Japan were not accorded permanent membership
till now just because of the reason that they are the losers in WW2.
Many regional organisations witnessing the changed global geopolitical power equations but
they were not get due attention in the UNSC.
There are emerging economies in the world like India and Brazil which can have the capability
of altering the power equations. This was not considered at UNSC.

However, this itself not showing that UNSC is completely as a body reflecting WW2 power
relations.
UNSC offers temporary membership to 10 countries so that changed global relations can be
discussed at its forum.
The strong demand from G4 countries to expand the council has got attention and recently
UNSC accepts an agenda to discuss the issue of UNSC reforms.

The UNSC should realize the changed global power relations so that the effectiveness of UNSC
will improve. P5 nations also should understand the importance of making UNSC relevant to
contemporary period.

Q.46) Unlike the French revolution, in the Indian case the constitutional
movement was not burdened by an inheritance of absolutism. Explain.
The Top Answer for this Question is written by Heidi
Ans) Indian independence, unlike that of French, was a systematic replacement of a colonial
power, by a representative government authorized by a legitimate constitution.
Though the British rule was unjust and imperialistic, it cannot be compared with Bourbon
absolutism of France. There were regulations and acts, though disputed, in British rule. But
Bourbon regime was a monarchic despotism, which exercised absolute tyranny. Preindependent India experienced a systematic development of responsible and representative
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government, starting with 1773 Act. And the Independence act of 1947 was its logical and
inevitable culmination.
Indians formed political associations and parties, framed constitution (Nehru Report),
contested elections and proved our capabilities by running governments. We published news
papers, voiced our demands and criticized the government. We agitated for adult franchise a
rather rare political right of the period. We always demanded constitutional reforms and more
representation.
Unlike in France, Indian independence was a transfer of power. And the power was
transferred to an authorized body of peoples representatives. The newly formed government
of India enjoyed sovereignty through a written constitution drafted by an elected body of
representatives, which upholds the ideals of freedom and equality, leaving no scope for
absolutism and chaos.
Democracy has always been a natural part of our civilization. What we demanded repeatedly
and achieved finally was nothing but democracy, by successfully eliminating tyrannic vestiges of
British legacy.

Q.47) To what extent the newly promulgated constitution in Nepal is inspired by


Indian constitution?
The Top Answer for this Question is written by SK
Ans) The newly promulgated Nepalese constitution was inspired by Indian constitution to a
major extent, but not completely. The following provisions would explain this.
Nature of the State Similar to India, Nepal is also multi-religious, multi-linguistic, multi-ethnic
country. So, the sovereignty and authority of the state is vested in the people. Besides the
common features like Secular, Socialist, Democratic, Republic etc. the Nepalese constitution
went ahead and included sustainable peace, good governance, and inclusive state.
Legislature Similar to India, it is also bicameral. But, it has novel provisions like reservation to
women, election based on both First past the post and Proportional Representation systems.
International treaties There is no influence of India on this aspect. Nepal has incorporated the
provision that international treaties are to be passed by 2/3rd majority in the Parliament.
Fundamental Rights In this regard, most of the rights incorporated are influenced by India.
However, Nepal is far ahead and brought up new rights like ancestral property to women,
sexual orientation is recognized in right to equality i.e. rights to LGBT, polluter pays
principle incorporated (right to clean environment) etc.

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Other provisions like single citizenship, single integrated judiciary, constitutional bodies etc. are
more or less influenced by Indian constitution. Thus, the extent of influence of Indian
constitution is only limited.

Q.48) Do you think there is a need for periodic review of Indian constitution?
The Top Answer for this Question is written by Monk Who Sold his Nano
Ans) Change is the only constant. People evolve, governments evolve, and so should the
guiding principles of governance. The constitution does provide for amendments, but that can
only be undertaken from the skewed perspective of executive, which represents less than 1/4th
of electorate and is very often burdened by load of coalition. The provision of periodic review
may boost new life into constitution by1.
Protecting it from being irrelevant- the undue limitations, of socialist era, the ambiguous
articles which provide space for corrupt practices can be evaluated and fixed.
2.
Strengthening the principles that have proved most useful- eg. the independence of
election commission and CAG, which have reduced electoral malpractices and uncovered bigger
scams (Vinod Rai). Revaluation would help strengthen these necessary institutions.
3.
Accommodate contemporary developments- provision for implementing voting rights of
NRIs, defining cyber crime, defining principles of e governance or other e govt. services., means
to deal with heckler veto, proselytization, beef eating, mob lynching (issues which executive
succumbs to for sake of vote bank)
4.
Providing avenues for smoother administrative structure- The growing friction between
executive and judiciary or between centre and state or even between the 2 houses of
parliament, can be addressed by incorporating changes or clearly defining the elements that
are creating these hurdles and also incorporating the changes that the original countries have
undertaken from where these principles were borrowed.
Periodic reviews are more likely to strengthen our constitution and citizens belief in it. National
Commission on Working of Constitution is already constituted once in 2002.

Q.49) How does the Indian constitution mirror best constitutional practice and
principles around the world?
The Top Answer for this Question is written by Vikrant Madhusudhan Parab

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Ans) Indian constitution borrowed most provisions from constitution of other countries and
incorporated positive aspects from each of them and now our is borrowed by others(eg-Nepal)
as it contains following:
Good Constitutional Practices
1.Separation of Power:- Constitution is supreme and all 3 pillars- Legislative, Executive and
Judiciary keeps check-and-balance on each other.
2.Scope for Amendments:- This is very important practise which is required for smooth
functioning of government according to time change.
3.Sense of Duty:- DPSP mentions duty to be performed by Government and Fundamental Duty
realises duty for Citizens.
4.Oath/Affirmation:- Every imp post have to do this before attending the position viz PM,
President, Judge etc
Good Constitutional Principles
Secularism- Unlike other countries who declared themselves as a state confined to a particular
religion viz. Muslim for Pakistan, Jews for Israel etc we have declared our state as secular.
Liberty and Equality:- These both principles are well incorporated in Preamble as well as
Fundamental Right.
Socialism- The concept of welfare state is reflected in DPSC. Governor is given special
responsibility to handle Backward Regions.
So feel of most countries Constitution can be felt in worlds lengthiest Constitution with
successful maintenance of above mentioned practices and principles since sixty-five years!

Q.50) How has American Revolution and its constitution influenced Indian
constitution?

The Top Answer for this Question is written by Abhishek V


Ans) American revolution and its constitution that lay behind a successful United States has
inspired many lawmakers across world. In India this can be seen in:
Influence of American revolution
1.
No taxation without representation: Reflected in Article 265 in Indian constitution which
states, no tax will be levied except by law(and law is made by the representatives)
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2.

Declaration of independence: reflected in poona swaraj declaration

Influence of American constitution


1.

Bill of rights: Influenced the idea of fundamental rights in Indian constitution.

2.
Rule of people: This is the fundamental principle behind democracy. In our constitution
it is best reflected in preamble that reads, We the people of India which means that the
constitution derives its power from the people
3.
The Constitutional Convention of 1787: It provided for the idea of separation of power
between judiciary, executive and legislative.
Besides, the other principle such as impeachment of President, judicial review, strong
independent judiciary etc were also taken from American constitution. And these principles
have been moulded according to the need of Indian conditions.

Q.51) What do you understand by fiscal federalism? Do you concur with the
argument that true politic federalism has its roots in fiscal federalism.

The Top Answer for this Question is written by SK


Ans) Fiscal federalism simply meant sharing of finances between the union and the federal
units. In India, to oversee this mechanism, Finance Commission is appointed every 5 years
under Art. 280.
A true political federalism enables the federal units to function autonomously and will share the
political powers effectively between them. But this is dependent upon the fiscal federalism.
This is because, enough financial resources will allow the units to realise their political
objectives.
For example, lack of financial empowerment of local bodies made them ineffective as political
bodies, even though 73rd and 74th Constitutional Amendments decentralised political power.
Most of the centrally sponsored schemes for North Eastern States have 90:10 sharing ratio.
Without central financial support, people would have lost faith in the state polity and demands
for secessionism might increase.
Certain states are able to maintain autonomy and independent political power due to financial
support and other incentives in the name of Special Category Status. However, this is being
removed now.
This shows that a true political federalism has roots in fiscal federalism.

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However, in certain fields a true political federalism doesnt depend on fiscal federalism. For
example, division/merging/renaming/altering boundaries of states; appointment of head of the
state i.e. Governor. In these areas, states are powerless. To reflect true political federalism,
strong political will is required in such areas.

Q.52) Competitive federalism is a double edged sword which will benefit


already well placed states to the detriment of others. Explain.

The Top Answer for this Question is written by Vidhu


Ans) Competition in any field is a booster for development but also develops rival tendencies.
The message by the PM for states to develop cooperative and competitive federalism is surely a
double edged sword.
The positives of competitive federalism in India are:
1.
It will push the states to perform better in all domains(health, education, etc) or else
they would lag behind others in getting financial and political benefits from the centre
2.
It will urge the states to innovate and bring out new ways to attract investments. E.g.
online registration of business/easy clearances
3.
3.There will ensure better and efficient utilization of resources and funds as wastage will
bring bad name to the states
4.

Will reduce corruption , enhance standard of living and generate more employment

But all these positives can tilt in favour of well placed states as :
1.
Rich states like Gujarat, Maharashtra,Tamil Nadu are stronger financially, institutionally
and with better HDI standards to attract development. This gives disadvantage to other states
2.
Presence of resource disparity in India like iron ,coal will attract industries in those
states leaving less for resourcedeficient ones.
3.
Monsoon dependencies and poor irrigation facilities will divert funds for drought
mitigation which will affect development in poor states
4.
Inter-state conflicts(river water sharing,migrations, communal issues) will increase
leaving bitterness and rivalry for jobs and resources.

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Thus competitive federalism though a novel concept can be implemented if the playing ground
is level for all states. There is a need for more cooperative federalism than competitive
federalism in present times where states come together to help each other develop.

Q.53) What do you understand by True Federalism? Do you think India need
to overhaul its Federal character to match the spirit of True Federalism?
Comment.

The Top Answer for this Question is written by Deepansh


Ans) Federalism is a system of governance where legislative authority is divided between the
Union Government and the State Governments. It is a combination of:
1.

Shared Rule- Tasks performed in common by the Union and State

2.

Self-Rule- Tasks performed autonomously

The fundamental characteristic of True Federalism is that neither the Central nor the State
Governments are subordinate to each other, but rather, two are coordinate, autonomous and
independent.
Thorough analysis is required before considering changing Indias unique Federal character:
Arguments For Change:
1.
Indias federal structure has a lot of unitary or non-federal features like the overriding
authority of the Centre, changeable area, boundary or name of the states, etc.
2.
The strong bias towards Centre tends to distort the basic tenets of federalism. Recent
appointment of Governor without consulting the Chief Minister (as per Sarkaria Commission) of
Bihar is a case in point.
Arguments Against Change:
1.

Secessionist tendencies of States can be reined in only with a strong Centre.

2.

Enough flexibility is needed for creation of new states to fulfil regional aspirations.

3.
Indias federal spirit is reflected from exemplary display of cooperative federalism (Eg.
West Bengals role in the deal with Bangladesh).
Indias federal makeup has so far been successful to meets its peculiar needs. So any change in
this basic feature would be detrimental to Indias interests.

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Q.54) Framing a constitution is seen an essential pre-requisite for a functional
nation state. What purpose does a constitution of country serve for its citizens?

The Top Answer for this Question is written by Vidhu


Ans) A recent political crisis in Nepal regarding the structure and the nature of their
constitution, brings forward the importance of the constitution. For the citizens, this is not just
another legal document which is used by the politicians, judiciary, bureaucracy to administer
the people.
The constitution serves as the backbone of the administrative, judicial, legislative units of the
country. It is necessary for the proper working of a nation as it divides the powers and
responsibilities of the various units of government. All rules and laws are made on the
foundation of the principles of the constitution.
For the citizens it serves the following purposes:
1.
It defines the nature and extent of the state of which he/she is a citizen giving him
citizenship rights and duties.
2.
It defines the rules and laws which one need to follow to while being a part of that
nation.
3.

It enlists the fundamental rights and privileges which he can get in that nation

4.
The constitution is the ultimate rule book which helps a citizen to approach judiciary if
any rule/right of his is violated.
5.
It provides him a framework on which the government will work and provide ideals of
equality, justice, liberty, welfare in the nation.
6.
The constitution bestows on the government the responsibility of being the protector of
the liberties, lives, property, respect of its citizens.
Thus we can safely say that the constitution is a very important necessity of a good functioning
state and forms the heart and soul of any nation.

Q.55) Indian constitution makes clear demarcation between powers and


responsibilities of the different arms of government. Illuminate.

The Top Answer for this Question is written by Machiavelli

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Ans) Indian constitution is based on the clear but delicate principle of limited separation of
powers and responsibilities between different arms of Government , a precondition for smooth
functioning of a government.
Parliament is supreme in making laws , judiciary is supreme in interpreting validity of laws and
settling disputes while executive is supreme in implementation of laws. all have their working
sphere and thus their reign of influence.
Judiciary is independent in its sphere . right from the appointment of judges (NJAC is highly in
favor of judiciary ) to their staff judiciary is independent , their conduct could not be discussed
in parliament , they have right to punish for their contempt .
Similarly legislature have privileges , independence from judicial scrutiny in the proceedings of
the house , all provide independence to legislature .
Executive essentially have independence in implementation of laws though responsible to
legislature .
Despite such clear cut division of power conflict between the arms is recurrent. from right to
property to to national judicial appointment commission all have gone through debate over
infringement of sphere between judiciary and legislature .
Similarly judicial activism is said to be infringing the legislative sphere by guiding the legislature
in framing their policies. Separation of powers is a basic structure of our constitution and it is
equally necessary for the smooth functioning of government to respect the authority of other
arms.

Q.56) Does Indian constitution leaves space for institutional domination?


Explain in the light of recent judgment by Supreme Court on the
constitutionality of NJAC?
The Top Answer for this Question is written by Vidhu

Ans) The Indian constitution has provided for a clear demarcation of powers and responsibilities
among the 3 pillars of democracy. The independence of the judiciary forms part of the basic
structure of the constitution. This provision was put in order to prevent encroachment in the
domain of judiciary by the other powers.

In the recent judgement by the Supreme Court, it called the formation of NJAC as
unconstitutional. The bone of contention was the presence of the law minister and 2 eminent
people in the recommendation body for the appointment of judges of Supreme Court and High
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Courts. Their presence was seen as a way in which executive could dominate the formation and
working of judicial system in India.
In India, although every institution has certain flaws like unnecessary delays, lack of
accountability, transparency yet the constitution does not provide for the supremacy of one
over the others. No institution can interfere in the working of the other. The constitution
provides for a system of checks and balances to bring efficiency in their workings. With clear
distinction in power and responsibilities, every institution has a separate area of work
whichshould not be breached. Judicial overreach, judicial review , executive domination over
legislature do occur but they are not provided in the constitution.
While there is a need to reform the existing collegium system yet encroaching over other
institutions violates the constitution. A balanced transparent and accountable democracy is
essential which respects the working of all the other pillars.

Q.57) Differentiate between Judicial Review, Judicial Overreach and Judicial


Activism. Give relevant examples for each. Are they necessary evil in Indian
democratic traditions?
The Top Answer for this Question is written by V Kumar
Ans) Judicial review is constitutional means to check the validity of parliamentary law, by law,
constitutional amendment, regulation, ordinance, notification etc. Supreme court and High
court can declare Null and void in case these are against the constitution. NJAC is struck down
by supreme court in judicial review.
Term Judicial overreach is used when courts exceeds their authority in interpreting the law, and
they have become an extra constitutional lawmaking body. As supreme court has cancelled the
licence of 2G spectrum.
Judicial activism is used when judiciary suo moto takes call on public issues and some time
instruct the government or give guideline for clarity of laws. judiciary recently said to legislate
law for uniform civil code.
All these instrument is seen as constrain on sovereignty of constitutional law making institution
with people mandates. Judiciary some time stuck down laws and declared it as
unconstitutional. So, these can be seen as evil. Though constitution is above all institutions in
democracy so its spirit should not be tampered. Hence it is necessary.

Q.58) Do you support the argument that India should move towards twocoalition system, if not two party system? Make a critical assessment of this
proposal.
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The Top Answer for this Question is written by Monk who sold his Nano
Ans) Indian union represents unity in diversity; a diversity which is certainly not binary in
nature. Enforcing 1 party or 2 party or any fixed n party rule would be putting a curb on this
beautiful diversity. Every group may h ave a completely different perception, apprehension and
solution to the problem. For eg. The CPI, TMC, BJP, and INC all have different views on Teesta
water sharing. Its the beuty of multi party democracy that can bring all those views to the fore.
Besides, democracy should be accompanied by liberty (The ability to be not constricted to a
binary world view). And considering the way Indian parliamentarians have evolved (or
devolved), this may further lead to practices of horse trading, corruption, and appeasements
(the very menace which the 2 party coalition system wants to curb)
From Tharoors book- Indian nationalism is a rare animal indeed. It is not based on language
(since we have at least 17 or 35, depending on whether you follow the Constitution or the
ethnolinguists), geography (the natural frontiers of the subcontinent the mountains and the
sea have been hacked by the partition of 1947), ethnicity (the Indian accommodates a
diversity of racial types in which many Indians have more in common with foreigners than with
other Indians) or religion (we are home to every faith known to man, and Hinduism a faith
without a national organisation, no established church or ecclesiastical hierarchy, no uniform
beliefs or modes of worship exemplifies as much our diversity as it does our common cultural
heritage).
We are all minorities in India. Indian nationalism is the nationalism of an idea, the idea of an
ever-ever land, emerging from an ancient civilization, united by a shared history but sustained
above all by pluralist democracy. We can endure differences of caste, creed, colour, culture,
custom and cuisine, and still rally around the consensus. That consensus is around a simple
principle, that in a diverse democracy you dont really need to agree on everything, except on
ground rules how you will disagree.

Q.59) Secessionist tendencies in India are as old as the country itself. Discuss the
various factors that fuel such tendencies and suggest measures to curb them.

The Top Answer for this Question is written by Vidhu

Ans) Secession is the process of withdrawal or moving away from the union by a smaller state
or territory. There have been secessionist tendencies in India ever since the birth of the nation
in 1947. The multi cultural ,multi religious , multi lingual country has various factors which led
to these tendencies are:
1.
Historical With the end of British rule in 1947 the princely states of Hydrabad,
Travancore, J&K wanted to remain sovereign and outside Indian union
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2.
Cultural and political Imposition of Hindi as official language hurt the Southern states.
It was felt as imposing majority rule and disrespect to their culture. exploited politically this led
to secessionist tendencies. The demand for Khalistan was political in nature. The huge
geographical extent of India creates diversity and inequalities in the society.
3.
Economic neglect Continuous neglect by governments and in bringing sustainable
economic development in North East , J&K has brought secessionist tendencies
4.
Foreign interference and extremism The interference and encouragement by China ,
Pakistan and the extremism of Naxals have aggregated the problems
Some measures to curb this tendencies are:
1.
bias.

Respecting the multiple religions, languages and cultures of the country without any

2.

Create employment opportunities in the country.

3.

Promoting sustainable infrastructure development in all states.

4.
Using diplomacy and electoral reforms to bring secessionist groups in the political
system.
5.
Diluting draconian laws like AFSPA, punishing offenders and improving the democratic
setup in conflict prone states.
6.

Strengthening the security forces.

Q.60) Helpful factors are found in abundance in all parts of the country for
democratic decentralization, but most state governments are reluctant to
provide essential things for it. Discuss in Indian context.

The Top Answer for this Question is written by Cosviny

Ans) Democratic decentralization has been our tradition of political participation through
Village Gram panchayat which institutionalized under 73rd and 74th constitutional amendment
act, 1992. Helpful factors in India for democratic decentralization are:1.

Constituional mandate of welfarist democracy and development of PRIs.

2.
Village has been self sufficient unit with internal dispute redressal mechanism and
cooperative community life. It can be easily institutionalized as envisaged in 73rd and 74th
amendment act.
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3.

Multiparty system -local people mobilization through regional parties.

4.

Demograhic dividend can be harnessed in all parts of India for Grassroot democracy.

5.
India witnessing NGO boom there is one for every 600. this is alternative for state
controlled PRI .
6.
value system bases on Gandhian Sawaraj. Ideological belief with pragmatism of
democracy at grassroot like Vinoba Bhave and Jaiprakash Narayan
But even after Constitutional provision structure ,function and fund allocation is not uniform in
all states. Most of the states are reluctant to provide essential things to Bodies of PRIs for
effective functioning like:1.
Non availability of fund -function and functionary to PRIs and Nagar panchayat or
Parishad
2.

Irregular election or sometime excessive delay in formation

3.
Parastatal bodies like DRDA are still working and state are not assertive to demand
devolution of fund and function to PRI instead.States dependenecy on centrally sponsored and
Parastatals.
4.
No division of powers among PRIs and other organ of state governemnt. No separate
list of taxation for local Bodies so that they can work autonomously.

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