Insights Ias Mains Test Series 2018

INSIGHTS IAS MAINS TEST SERIES 2018
TEST-15
SYNOPSIS
1. Model Code of Conduct (MCC) is Moral Code of Conduct without any statutory backing.
In the light of this statement critically examine the demand for statutory backing MCC.(150
Words, 10 Marks)
Answer:
Model code of conduct is a set of guidelines issued by election commission of India for conduct of political
parties and candidates during elections with respect of speeches, polling days, polling booths, election
manifesto, processions and general conduct. The core objective of MCC is the conduct of free and fair elections
by providing level playing field for everyone.
However, this code is frequently violated by political parties. It was very much evident in last few year’s
elections where leaders used issues like religion, caste and nationalism to get favour .Social media is also
misused for vitiating election environment. It viewed more as a moral code during electioneering and the EC
would well err to side of caution while applying these provisions.
Consequently, the idea of making MCC statutory part under RPA act 1951 is widely argued on
following grounds:
1. It will become legal framework which can be justifiable in the court.
2. In 2013, Parliamentary standing committee on law recommended to accord statutory backing to MCC and
therefore enforceable.
3. It can’t be optional and voluntary as free and fair elections are bedrock of democracy.
4. Many provisions of MCC is already backed by statute, therefore it is prudent that the entire MCC is made
statutory.
5. It will strengthen the EC which is important for free and fair elections.
6. It will also seek to regulate activities in social media.
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7. This will enable the election commission to take adequate action as per the violation committed by political
parties.
8. It will create a fair play for all the contestant without vitiating the atmosphere which can lead to law and
order problem.
But this action of creating statutory framework has various implications:

1. It can blur the image of election commission as neutral body as an action taken by EC can be seen as a biased
action.
2. If the model code of conduct is converted into a law, it will result into increase litigation and delay the
election process.
3. Various political parties also seen this move of legalizing the MCC as an attempt of taking power of election
commission. In addition to this Supreme Court in Union of India Vs. Harbans Sigh Jalal opined that
legalizing MCC, may not be suitable option, instead following can be done:
1. The increase in quantum of punishment in case of violation which is already backed by laws under RPA and
IPC.
2. Creating more awareness in political parties about MCC by training and awareness programmes.
3. Use of whip office in parties to regulate activities during elections.
4. Discouraging the violation on social media by amending IT act.
Legalizing the MCC will be an attempt to fill the loopholes in the laws. However, these loopholes can be easily
plugged by inner party democracy and pragmatic election commission’s decisions.
2. Basic structure doctrine is an invisible amendment to the constitution. Critically examine.

(150 Words, 10 Marks)
Answer:
The meaning and limit of article 368 have invited intense debates. Amending power of the parliament has been
interpreted by judiciary to exclude changes to the basic structure. Basic structure doctrine is a judicial
innovation. According to it there are certain basic features that cannot be amended, altered or destroyed in
the exercise of parliament's power to amend the constitution, under Article 368.It was propounded by the
Supreme Court in the famous Keshavananda Bharti case 1973.Therefore ,if a constitution amendment act seeks
to alter the basic structure or framework of the constitution, the Court would be entitled to annul it on the
ground that it is ultra vires , because the word ’amend’ in the Art. 368 mean only changes other than altering
the very structure of the constitution, which is tantamount to making a new constitution. The basic feature
without being exhaustive upholds supremacy of the constitution i.e., rule of law, separation of power,
sovereignty and territorial integrity, the federal system, judicial review, secularism, freedom and dignity
,Parliamentary system of government, reasonableness and social justice.
Many legal experts are of the opinion Basic structure doctrine is an invisible amendment to the
constitution. The Supreme Court without inserting a single article in the constitution as in fact amended it i.e it
has restricted the legislature from amending the basic feature of the constitution. The basic structure doctrine
is debatable in as much as there is no express limitation upon the amending powers conferred by Art. 368(1).
Argument against Basic structure:
1. No constitutional basis: Constitution doesn’t contain provisions regarding basic structure. There is
nothing to suggest that constitution makers wanted such provision if we go by constituent assembly
debates. There is no express limitation upon the amending powers conferred by the constitution.
2. Invisible amendment: The basic structure doctrine amounts to rewriting the constitution. It has
been termed as an invisible amendment to the constitution.
3. Debatable: There is much debate about what constitute the Basic Structure. Supreme Court after
holding that Fundamental Rights did not constitute it, how come came to conclusion that judicial
review which is an adjunct of Fundamental Rights a part of Basic structure.
4. Subjective interpretation: What constitute basic structure largely depends biases of respective
judges as it has not been clearly defined and is open to interpretation .This gives enormous subjectivity.
5. Art.368 (1) as it stands amended in 1971 makes it clear that not only the procedure, but also the
‘power’ to amend the constitution is conferred by the Art. 368 itself and cannot be derived from
somewhere else, such as Art. 245. Hence, the limitations, if any, upon the amending power must be
found from Art.368 itself and not from any theory of implied limitations.
6. The word ‘repeal’ in Art 368(1) also makes it clear that amendment under Art. 368 include repeal of any
provisions, including any supposed basic feature or essential provision.
7. The constitution of India makes no distinction between ‘amendment’ and ‘total revision’ as do some
other Constitutions, such as Swiss. Hence, there is no limitation to change the whole constitution, in
exercise of the amending power, which is described as the ‘Constituent Power’ (Art. 368(1)) and that,
accordingly ,it would not be necessary to convene a Constituent Assembly to revise in toto.
8. It leads to shifting the location of sovereignty and a challenge to it’s representation by the Parliament.
9. The judgment was passed by a narrowest margin of 7/6 and thus not inspires much confidence.
Arguments in support of Basic structure:

1. It reinforces the idea that parliament’s power to amend the constitution is limited. It cannot therefore
under the exercise of limited power enlarge that very power into an absolute power.
2. It helps in preserving the core values of democracy. This is because the expression of sovereignty by the
Parliament had to be conditioned which legitimizes it. The Parliament cannot act against the People.
3. It has made constitutionalism a living reality in India.
4. It prevents tyranny of majoritarianism. So long the party in power has a solid majority in the
Parliament and in more than half of the State Legislatures; it may amend the constitution for a political
purpose or to get rid of a judicial decision which may appear unwholesome to the party in power.
5. Article 79, clause 4 of the German constitution has similar provisions where some features of the Basic
law can’t be amended.
6. Bangladesh’s Supreme Court applied the same concept to Bangladesh constitution in 1989.
In summary, Basic Structure Doctrine is a judicial innovation which through its innovative interpretation of
implied limitations has limited the power of Parliament to amend the constitution. As Upendra Baxi,
famous academician has argued that if there were no brakes on the amending powers, the engine of amending
power would overrun the constitution. Basic structure doctrine has become an integral part of the Indian
constitutionalism. However, there is a need to clearly lay out which features of the constitution is the basic
structure because it leads to uncertainty. On the whole, Basic Structure Doctrine is a welcome because it has
prevented any adventurous amendment to the Indian constitution.
3. Jammu and Kashmir enjoys a special place in the Indian Union. Critically examine whether
repealing Article 35 A will adversely affect this relationship? (150 Words, 10 Marks)
Answer:
Honouring the terms of instrument of accession with Indian union, J&K was accorded a special status in the
Indian union. The autonomy of J&K is ensured through constitutional provisions like Art.370 and Art 35A.
Article 370 of the Constitution grants special status to Jammu and Kashmir, while Article 35A empowers the
state legislature to define the state’s “permanent residents” and their special rights and privileges in public sector
jobs, acquisition of property in the State, scholarships and other public aid and welfare. The Art 35A also
mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any
other law of the land.
Art 35A provision was challenged before the supreme court on the grounds that:
1. It is against the “very spirit of oneness of India” as it creates a “class within a class of Indian citizens”.
2. Restricting citizens from other States from getting employment or buying property within Jammu and
Kashmir is a violation of fundamental rights under Articles 14, 19 and 21 of the Constitution.
3. When a woman marries a man who is a non-resident, then the woman and her descendants will lose their
property rights. Thus, it discriminates women in property rights.
Critics have also argued that such special provisions have acted as barriers to J&K properly integrating with rest
of India, and hence must be repealed. However, provisions like Art 35A must not be repealed in haste because of
the following reasons:
1. J&K is still a sensitive state, and repealing Art 35A would be seen as an attack on the autonomy of the
state and can disturb the fragile peace.
2. Art 35A is seen as a safeguard against mass migration of outsiders, and disturbing the unique
demography of the state, similar to Sinicization of Xinjiang province.
3. Constitution of India has similar provisions even for other states/regions like fifth and sixth schedules,
to protect the unique culture and conditions prevailing in the state. Hence, only attacking Art 35A is
discriminatory.
Though there is merit in removing special provisions in a phased manner, it must be done only after thorough
proper debate and consensus. Efforts must be made towards emotionally and psychological integration of J&K
with rest of India, when the repeal of Art 35A becomes a natural consequence.
4. Mob lynching is a threat to rule of law. Elaborate. Discuss the need for anti-lynching law
and also lay out its basic framework. (150 Words, 10 Marks)
Answer:
If a person is suspected of committing a crime, they must be subjected to due process by designated authorities
to establish guilt. However, recent incidents in which mobs took law into their own hands and lynched people on
suspicion of having cow meat (Dadri), smuggling cows (Latehar) or kidnapping children (Jharkhand, AP, TN,
Tripura, etc), has shaken the foundations of rule of law in the country. Increasing number of such incidents has
led to Supreme court suggesting the need for anti-lynching law in the country.
1. India is a pluralistic society. Individuals or groups believing in singularity of views or lifestyle are
attacking people perceived to be different from them. Minorities are the most effected, as the statistics
indicate. For instance, 86% killed in cow-related violence since 2010 are Muslim.
2. With the increase in mobile and internet penetration, rumours are spreading like wildfire on messaging
platforms such as WhatsApp regarding child-kidnapping gangs and the children being killed for organ
harvesting, leading to mob lynchings in many parts of India.
3. The Indian Penal Code has provisions for unlawful assembly, rioting, and murder but nothing that takes
cognisance of a group of people coming together to kill (a lynch mob).
4. It is possible, under Section 223 (a) of the Criminal Procedure Code (CrPC), to prosecute together two or
more people accused of the same offence committed in the course of the “same transaction”. But the
provision falls far short of an adequate legal framework for prosecuting lynch mobs.
5. The public nature of the crime is intended to make it an impact crime, to teach not only the person lynched
a lesson but to make an entire community afraid of exercising its civil rights. Hence, mob lynchin are a
threat to democracy itself by trying to choke the diversity in our society.
6. There is a need to fix accountability on the law enforcement machinery for failing to take action to curb
the mob violence, and on the politicians who make irresponsible statements which encourages such
behaviour.
7. Enactment of a law would send a strong public message that lynching is a crime, that no person can be
denied equal protection of laws.
Framework of anti-lynching law should contain:

 Definition of terms ‘lynching’, ‘mob’ and ‘victim’ of mob lynching.
 Making lynching a non-bailable offence with stringent punishments
 Criminalises dereliction of duty by a policeman
 Criminalises incitement on social media
 Compensation be paid, within a definite time frame, to victims and survivors.
 Speedy trial and witness protection.
 Special courts
5. The right to a dignified life extends up to the point of having a dignified death. Analyse
in the light of guidelines given by the Supreme Court in a recent judgement. (150 Words, 10
Marks)
Answer:
Historically, India is no stranger to the right to die as in most Oriental cultures, opting to die is
often an act of honour, of salvation like the Santhara in Jainism, Hindu saints are known to take sanyas
and even opt for Samadhi etc
In a landmark Judgment the Five Judge Constitution Bench of the Supreme Court of India has held that
the right to life and liberty as envisaged under Article 21 of the Constitution is meaningless unless it
encompasses within its sphere individual dignity. In the recent judgment made by Supreme Court it
upholded the right to die with dignity and gave legal sanction to passive euthanasia and execution of a
living will of persons suffering from chronic terminal diseases and likely to go into a permanent vegetative
state.
Supreme Court judgment:-

1. Passive euthanasia was recognised by Supreme Court in Aruna Shanbaug in 2011.
2. Now it has expanded the jurisprudence on the subject by adding to it the principle of a
‘living will’, or an advance directive, a practice whereby a person, while in a competent state of
mind, leaves written instructions on the sort of medical treatment that may or may not be
administered in the event of her reaching a stage of terminal illness.
3. The court has invoked its inherent power under Article 142 of the Constitution to grant legal
status to advance directives, and its directives will hold good until Parliament enacts legislation
on the matter.
Passive and active Euthanasia:-
1. Passive euthanasia essentially involves withdrawal of life support or discontinuation of life-preserving
medical treatment so that a person with a terminal illness is allowed to die in the natural course.
2. While active euthanasia entails the use of lethal substances to end a life.
3. While the Supreme Court has legalised passive euthanasia, it has not passed any judgment on active
euthanasia.
Analysis:-
1. In the fundamental rights enlisted in the Constitution there is already mention of right
to life with dignity (Article 21).The outcome of the judgment lays down a broad legal framework for
protecting the dignity of a terminally ill patient or one in a persistent vegetative state
(PVS) with no hope of cure or recovery. In such circumstances accelerating the process of death
for reducing the period of suffering constitutes a right to live with dignity.
2. Self-determination and autonomy:–
The core message is that all adults with the capacity to give consent have the right of self-
determination and autonomy and the right to refuse medical treatment is also
encompassed in it.
3. Burdening a dying patient with life-prolonging treatment and equipment merely because medical
technology has advanced would be destructive of the patient’s dignity.
4. Gives importance to consent as now patients can write living will.
5. The Supreme Court accorded primacy to the constitutional values of liberty, dignity,
autonomy and privacy as it laid down procedural guidelines governing the advance directive of a living will.
6. Neither the law nor the constitution can compel an individual who is competent and able
to take decisions to disclose reasons for refusing medical treatment and such a refusal is not subject
to the supervisory control of an outside entity.
Implications:-
1. Living will from the patient to stop medical treatment at a certain stage helps remove regret or guilt for
relatives and criminal action against doctors.
2. This will help many families. It will stop a lot of pain and also lessen expenses.
3. Supreme Court judgment on passive euthanasia is a big relief to family members of terminally-ill
patients, emotionally, financially and legally
Concerns:-
1. The government had pointed out that the living will was a concept which contradicts a person’s
instinctive urge to survive
2. It must be decided by a team of domain experts otherwise in India there are chances of it being
misused much more than it being used.
3. The very idea of “living will” can be misused and more importantly not taking into account future
growth of Science and medicine
Way forward:-
1. Law Commission in 2006 suggested a draft bill on passive euthanasia and says such pleas be made to
high courts which should decide after taking experts views. Supreme Court stated that High courts
should constitute medical board which will decide if passive euthanasia is needed. The government
need to make an act on these lines.
2. While the decision to passively euthanise oneself can be left to the patient, the conditions on when this
right may be invoked can be left to a medical board. A living will makes sense if coupled with a
medical power of attorney and independent third party monitoring. This will allow for a
middle way between all the interests that are at play here. The Right of the patient, the State’s
interest in human life and the interest of the family of the patient.
6. “National Green Tribunal is viewed by many critics as a hindrance to economic

development” Evaluate the statement along with discussing its mandate and give
arguments in support of the answer. (150 Words, 10 Marks)
Answer:
The National Green Tribunal was established to provide speedy environmental justice and help reduce the
burden of litigation in the higher courts. It also provides for enforcement of any legal rights relating to
environment and giving relief and compensation for damages to persons and property.
NGT has delivered many landmarks judgements like denying permission to construct a large steel plant in Odisha
(POSCO), banning construction along flood plains, etc, some of which can be perceived as anti-development
when not viewed from a narrow perspective. Though such projects might boost the economy in the short term,
they pose significant costs on the environment and society in the long term.
1. More than denying the permission for a project, what bothers the investors more is the excessive delays
in getting environmental clearances and the tribunal/court cases which get delayed indefinitely. Though
according to NGT act, tribunal has to dispose of a case within 6 months, they drag on for a long time.
2. There is a great deal of uncertainty in environment clearances. Even after getting all the due clearances
from government agencies, a petition filed by activist or competitor at NGT can stall the project. There
have been instances of vested and frivolous legislation.
3. NGT was criticised for its impractical decisions without due consideration to economic conditions
prevailing in the country. Eg. NGT banning vehicles more than 10 years old in Delhi
4. In a globally competitive environment, every country is easing the procedures for attracting investors.
However NGT pulled up the centre for fast tracking approvals, without understanding the underlying
sentiment to boost economy and create jobs.
5. Impact of judgements on surrounding areas and communities are rarely taken into consideration. In
2013, NGT ordered to stop all construction activity within 10 km of Okla bird Sanctuary. This order did
not stop constructions only in UP but inexplicably did no in some parts of Delhi which fell within the
range.
Though NGT has done well in furthering environmental justice, due care must be taken to reduce adverse impact
on the economic development of the nation.
7. Explain the legislative process in the parliament. What do you understand by pre-
legislative consultation? Do you think this will make law making more effective? (150
Words, 10 Marks)
Answer:
Procedure for law making in India
Under pre-legislative consultation, when a Bill is in its draft stage itself, it may be placed in the public domain
for stakeholder feedback. According to the central government's policy on pre legislative consultation, a draft Bill
should be placed in the public domain for 30 days. It is to include a justification for its introduction, financial
implications, estimated impact assessment and an explanatory note for key legal provisions. A summary of
comments received is to be made available on the relevant Ministry's website.
It will make law-making more effective in following ways:

1. People's participation in democracy should not be just equated to elections alone. Public must be
engaged in all phases of public policy like preparation, monitoring and evaluation.
2. Will result in deeper scrutiny and better chances of plugging the loopholes at initial stage itself. This
assumes greater significance in the light of frequent disruptions in parliament and bills getting passed
without adequate debate.
3. Will reduce the influence of lobby groups on law making
4. Public will feel more ownership in the laws enacted.
5. People who are potentially affected by a proposed legislation — whether adversely or favourably —
should be able to have a say in the law-making process at an early stage.
6. Appropriate subject matter experts should also have an opportunity to inform and refine draft bills
8. Urban local bodies in India grapple with fund crunch which adversely affect their
developmental works. How far municipal bonds will be able to solve the problem of fund
shortage in these bodies. (150 Words, 10 Marks)
Answer:
Solving problems pertaining to infrastructure requires a lot of money. Requirement of funds for addressing
issues like solid waste management, water treatment etc. is large. But the municipal corporations are weak in
raising finances. Cities do not have required financial autonomy. 74thconstitutional amendment act has
empowered local governments and cities are made to depend on the financial assistance provided by the state
and central governments.
Significance of Municipal Bonds:
1. Municipal bonds help municipal corporations to directly raise funds without depending upon the support
extended by government agencies and World Bank. Moreover, large institutional investors like pension
funds and insurance companies are looking forward to invest in less risky avenues to invest.
2. Municipal bonds provide avenues to tap these investments. The municipal bonds can increase the quality
of life in cities. They can act as a better alternative for investors beyond fixed deposits and small saving
schemes. Municipal bonds in India also holds tax free status if it conforms to certain rules and conditions.
Their interest rates will also be market linked.
3. As per the committee on urban infrastructure headed by Isher Judge Ahluwalia (2011), Indian cities
would require Rs40 trillion at constant prices in the two decades to 2031. If the cities fail to meet this
requirement, then it will not only throw the economy off the rails but also create social tensions
4. Municipal bonds (or “munis” for short) are debt obligations issued by states, cities, counties and other
governmental entities to fund day-to-day obligations and to finance capital projects such as building
schools, highways and other projects for the public good. For example, if a municipal corporation wants
to establish a new metro rail link, then it can issue municipal bonds to fund the project. Institutional
investors and the public are the buyers of municipal bonds. Revenue earned by the metro rail network
will be used to repay the interest and principal to the investors of these bonds.
5. When a people purchase a municipal bond, they are actually lending money to a state or local government
entity and get in return a specified amount of interest and the principal will be returned on maturity.
While short term municipal bonds mature in 1-3 years, long term municipal bonds mature in a decade or
more.
6. In India, municipal bonds are in existence since 1997. Previously, cities like Ahmedabad, Bengaluru,
Nashik and Madurai have issued municipal bonds. However, since 2010, there have been no new issues.
Municipal bond issues are yet to gain pace in India. According to the government sources, municipal
bonds were able to garner only Rs 1750 crore in India as opposed to US $ 304 billion in 1 year and South
Africa’s $1.8 billion raised in a single quarter. The most important reason for the poor performance of
municipal bonds in India is they are mostly privately placed with institutions and are not easily tradable.
7. The money raised from municipal bonds can boost quality of life in cities. Job prospects in the locality
may also look up. These bonds may also prove a good investment option for investors looking beyond
fixed deposits and small saving schemes.
8. Municipal bonds in India enjoy tax-free status if they conform to certain rules and their interest rates
will be market-linked. Their tradability means you need not have to hold them till maturity.
9. Securities and Exchange Board of India (SEBI) has begun to work towards creating more awareness and
the new rules framed by SEBI allows municipal bonds to be offered to the public, listed and traded on
stock exchanges. This is expected to rekindle the appetite for municipal bonds in India.SEBI has put in
place several conditions for city corporations to tap the public. One, the corporation needs to have
investment grade credit rating and must contribute at least 20% of the project cost. Two, it must not have
defaulted on any loans in the last one year. Three, it required to maintain full asset cover to repay the
principal amount. Revenues from the project for which bonds were raised are to be kept in a separate
escrow account. And banks or financial institutions would monitor the account regularly.
Challenge:
1. Many municipal corporations raised huge revenue from octroi. For instance, Brihanmumbai Municipal
Corporation, the richest municipal body of India has managed to earn 33% of its revenue in 2015-16 from
octroi. With the advent of GST, octroi would go away. Municipalities have to look forward towards other
avenues for augmenting their finance base.
2. Easy availability of government funds to municipal bodies and preponderance of institutional finance.
3. Lack of a secondary market to trade municipal bonds.
4. Limited credit enhancements for municipal bonds affect their demand.
5. Conservative approach followed by insurance and pension firms to invest in municipal bonds.
6. Lack of incentives to municipal bodies to make use of debt market.
7. Only very few municipal bodies exists in the country with high credit.
Way Forward:
There are several recommendations as way forward.
1. The regulatory bodies for pension funds and insurance should allow their regulated entities to invest in
municipal bonds.
2. As transparency and clarity will be a prerequisite for investors for investing in municipal bonds, the
municipal corporations have to ensure that their books of accounts are well maintained.
3. Municipal bonds are not substitute for city revenue. Municipal bonds are issued based on the revenue to
be generated in the future, so, the cities have to adopt stringent policies to collect local taxes, user charges,
stamp duties etc. Investors will not invest their money in municipal bonds unless they are convinced
about the fiscal strength of the municipal bodies
4. An agency need to be created that is willing to take some of the risk out of municipal bonds through
market making, credit enhancement and underwriting.
5. Apart from incentives like tax free status, international models like those followed in Denmark, Japan,
and South Africa etc. can be emulated. In Japan, Japan Finance Corp. for Municipal Finance has a
sovereign guarantee. In South Africa, Bank of South Africa uses its balance sheet to provide support to
municipal bond issues.
9. In the light of recent events, analyse how the relationship between Parliament and the
Judiciary has evolved over the years. (150 Words, 10 Marks)
Answer:
Under the Constitution, the primary function of the legislature is to make law, that of the executive is to
execute law and that of the judiciary is to enforce the law. However the relationship evolved over the years.
Relationship between Parliament and judiciary:-
 The Constitution provides for a separation of powers between Parliament and the Judiciary by
demarcating their roles and responsibilities. It also lays down various ways by which
 The Judiciary may guard against the unconstitutional exercise of power by Parliament
1. Judiciary’s Responsibilities and Powers :-
 The higher judiciary also has the power to strike down laws of Parliament
and actions of the Executive as invalid, if they violate the Constitution.
This is called the power of judicial review.
 For example, a law may be declared as invalid if it violates the
fundamental rights guaranteed by the Constitution. The Supreme Court
exercised its power of judicial review and struck down this provision as
unconstitutional. It held that Section 66A violates Article 19(1)(a) of the
Constitution that protects freedom of speech and expression.
2. Judicial independence:-
 The Constitution creates a structure to protect judges from being
influenced by Parliament and the Executive.
 For example, the conduct of a Supreme Court or High Court judge cannot
be discussed in Parliament unless it is for the purpose of presenting a
motion for his removal.
 Parliament may legislate on or act as a check in matters related to the Judiciary.
1. Powers:
 Parliament enacts laws, exercises oversight over the Executive, sanctions
government expenditure and represents citizens. It also has the power to
amend the Constitution
2. Immunity from court proceedings:
 To grant Parliament autonomy in its functioning, the Constitution
guarantees certain protections to parliamentary proceedings and those
participating in them.
 For example, Members of Parliament (MPs) enjoy immunity from court

proceedings for anything that they say or any vote that they make in
Parliament.
 However over the years the relationship transformed :-
o Limitations on Parliament’s power to amend the Constitution
 The Supreme Court has held that Parliament cannot amend the ‘basic
structure’ of the Constitution in the Keshavananda Bharti case. This ‘basic
structure’ principle is not expressly mentioned in the Constitution.
 Experts uphold this interpretation as it is a protection against excessive
use by a government with a large majority; for example, this limitation
prevents a government holding substantial majority from extending the
term of Parliament indefinitely.
o Law making by judiciary:-
 The Judiciary has on occasion laid down the law or directed that laws be
made. For example, in Vishaka vs State of Rajasthan, the Supreme Court
framed guidelines on how sexual harassment at the workplace needs to be
addressed by employers.
 The Judiciary has generally issued such directions under Articles 32 and
142 of the Constitution. These provisions empower the Judiciary to protect
fundamental rights and issue any order to do complete justice.
 One of the important instances of application by the Supreme Court of
Article 142 was in the Union Carbide case relating to the victims of the
Bhopal gas tragedy where the Court felt a need to deviate from existing
law to bring relief to the thousands of persons affected by the gas leak.
o Judicial Review of Parliamentary Privileges and Proceedings
 In several decisions, the courts have asserted their power to exercise
judicial review over parliamentary privileges and proceedings .
 For example, the Supreme Court has held that the Speaker’s decision to
disqualify an MP for defection is subject to judicial review as the Speaker
is discharging an adjudicatory function.
o Power to appoint judges
 According to the Constitution the President must appoint judges of the
Supreme Court and High Courts after consultation with the Chief Justice
of India (CJI) and other judges of the Supreme Court and the High Courts
 The term ‘consultation’ has been interpreted by the Supreme Court to

mean that judicial appointments recommended by a collegium of judges
will be binding on the President (i.e. Executive).
 In 2014, Parliament enacted National Judicial Appointments Commission
(NJAC) Act, 2014 to replace the collegium with an independent
commission. Subsequently the Supreme Court struck down the two laws as
unconstitutional, and reinstated the collegium process.
o Experts criticise judiciary that it is on legislative space based on the judgements like
2G judgment on auctions, mining bans, setting up of SIT on black money, The ban on
the sale of alcohol along national and State highways etc) but counter argument also
states that judiciary had to intervene as legislature has been complacent.
The balance between the two organs need to be maintained and the doctrine of separation of powers, which is
part of the basic structure of the Constitution need to be strongly adhered to.
10.The primary role of police forces is to uphold and enforce laws, investigate crimes and
ensure security for people in the country. Analyse key issues that affect functioning of
police in India and reforms needed to address these issues. (150 Words, 10 Marks)
Answer:
There has been a rise of public demand for an efficient, accountable and people-centric
policethat steadfastly upholds the Rule of Law in all situations. However, in effect the country
has failed to use this historic opportunity for serious modernization and reform of the police.
Issues affecting the functioning of police:-
 An overburdened police force :-

o Police force is over burdened especially at lower levels where constabulary is forced to
work continuously 14-16 hrs and also for 7 days a week. It adversely impacts their
performance.
o While the sanctioned police strength was 181 police per lakh persons in 2016 when the
United Nations recommended standard is 222 police per lakh persons.
o 86% of the state police comprises of constabulary. Constables are typically promoted
once during their service. This could weaken their incentive to perform well.
 Improving police infrastructure
o Failure of police infrastructure like vehicles, weaponry. Also audits have found that the
POLNET network is non-functional in various states.
o For example, an audit of the Gujarat police force reported that the network had not
been operationalised till October 2015 due to non-installation of essential
infrastructure, such as remote subscriber units and generator sets.
o Funds dedicated for modernisation of infrastructure are typically not utilised fully. For
example, in 2015-16, only 14% of such funds were used by the states.
 Political influence :-
o Second Administrative Reforms Commission has noted that ministers have used police
forces for personal and political reasons.
 Police accountability :-
o Police forces have the authority to exercise force to enforce laws and maintain law and
order in a state. However, this power may be misused in several ways. For example, in
India, various kinds of complaints are made against the police including complaints of
unwarranted arrests, unlawful searches, torture and custodial rapes.
 Poor quality of investigation:-
o Crime per lakh population has increased by 28% over the last decade (2005-2015).
However, convictions have been low. So it shows the poor quality of investigation.
o The Law Commission and the Second Administrative Reforms Commission have noted
that state police officers often neglect investigation because they are understaffed and
overburdened with various kinds of tasks.
o Further, they lack the training and the expertise required to conduct professional
investigations.
o They also have insufficient legal knowledge and the forensic and cyber infrastructure
available to them is both inadequate and outdated. In light of this, police forces may
use force and torture to secure evidence.
o Crime investigations may be influenced by political or other extraneous considerations
 These units should not ordinarily be diverted for other duties.
 Forensic labs:-
o Expert bodies have however said that these laboratories are short of funds and
qualified staff.Further, there is indiscriminate referencing of cases to these labs
resulting in high pendency.
 Lack of co-ordination between centre and states is matter related to maintenance of law & order
results in ineffective functioning of police force.
 Police force is not in the position to tackle present problems of cyber crime, global terrorism,
naxalism because of structural weaknesses.
 Prevalence of Rank system within the police force results in abuse of power by top level executive
over lower level personnel.
Reforms needed:-
 Directions of the Supreme Court in Prakash Singh vs Union of India :-

o The Supreme Court ordered the centre and states to set up authorities to lay down
guidelines for police functioning, evaluate police performance, decide postings and
transfers, and receive complaints of police misconduct.
o The court also required that minimum tenure of service be guaranteed to key police
officers to protect them from arbitrary transfers and postings.
 Experts have recommended that the scope of the political executive’s power must be limited under
law.
 Investigation :-
o Experts have recommended that states must have their own specialized investigation
units within the police force that are responsible for crime investigation.
 Independent Complaints Authority :-
o The Second Administrative Reforms Commission and the Supreme Court have
observed that there is a need to have an independent complaints authority to inquire
into cases of police misconduct.
o Example is that of the New York City Police which has a Civilian Complaint Review
Board comprising of civilians appointed by local government bodies and the police
commissioner to investigate into cases of police misconduct.
 The Second Administrative Reforms Commission has recommended that one way to reduce the
burden of the police forces could be to outsource or redistribute some non-core police functions
(such as traffic management, disaster rescue and relief, and issuing of court summons) to
government departments or private agencies.
 Padmanabhaiah commission :-
o It has also been recommended that constables, and the police force in general, should
receive greater training in soft skills given they need to deal with the public regularly.
 Housing:
o Importance of providing housing to the constabulary (and generally to the police force)
to improve their efficiency and incentive to accept remote postings has also been
emphasised by expert bodies, such as the National Police Commission.
 Community policing:-
o Janamaithri Suraksha in Kerala --- This project is an initiative of the Kerala Police to
facilitate greater accessibility, close interaction and better understanding between the
police and local communities. For example, Beat Constables are required to know at
least one family member of every family living in his beat area.
11. There is a growing consensus among a broad cross-section of citizens and political
parties in India that the current First-Past-The-Post (FPTP) electoral system must be
replaced. What are the underlying reasons for the same? Can Proportional Representation
(PR) electoral system be a viable alternative? (250 Words, 15 Marks)
Answer:
India follows FPTP electoral system. There is lot of discussion going around recently after 2014 Lok Sabha
Election to consider a different electoral model befitting Indian democratic system. 31% vote share of the
largest party in the polls were dubbed as too low for legitimately ruling India and we have seen parties forming
government with lower vote share in past elections. So it has been argued that the 'First past the post' system
fails to represent the will of the majority and encourages vote-bank politics.
Problems with FPTP system:
1. Disparity between vote share and seat share: There is no direct relation between a party’s vote-share
and the number of seats it wins. Assemblies elected under FPTP do not reflect the spread or range of voter
support across all parties, and significant third or even fourth parties are severely underrepresented.
2. Swing in Voter Support: In the 2009 Indian general election, the Congress vote-share rose by 3.96
percentage points, but the party gained 44 more Lok Sabha seats to finish with 262, when it had won 218 in
2004; that amounted to 17% more seats. Similarly, the BJP’s loss of 4.88 percentage points cost it 22 seats, or
12% of its 2004 total.
3. Parties can win huge majorities on well under 50% of the vote: In the U.K. in 1979, the
Conservative Party won a majority of 43 seats on a vote-share of just under 44%, but raised this to a 144-seat
majority in 1983, even though the party’s vote share was down to 42.4%. The results of the 1997 and 2001
British general elections also reveal a striking disparity between vote-share and seat-share. In 1997, Labour
won by a huge margin, taking 418 seats, or 63% of the 659 in the Commons, on a vote-share of 43%; the
Conservatives got a vote-share of just under 31% but won only 165 seats, or 25% of the Commons; the overall
Labour majority was 177. In 2001, Labour won a 165-seat majority on a vote-share of 40.7%, but as the turnout
was down from 71.5 to 59.4%, they won with the support of just under a quarter of the total electorate, or only a
slightly larger share of the total electorate than the Conservatives had got in their crushing 1997 defeat–namely
about 22%.
4. Winners with Small Percentages Of The Vote: In the 2012 UP assembly elections, only 16 of the 403
winning candidates got 50% or more of the vote; the majority of the winners had less than 40%, and 117
winners had less than 30%. This is also a feature of recent British general elections; in 2005, only two
candidates gained over 40% of the vote in their respective constituencies. Another won a seat with the votes of
18.36% of the constituency electorate. In the 2010 election, 433 MPs, or two thirds of the Commons, did not get
50% of the turnout vote, and the current House has the lowest share of majority winners in any British
parliament since at least the 1920s; in fact a record number, 111 MPs, won their seats on a vote-share of under
40%.
5. ‘Wasted’ votes: The votes cast for all except the winner are wasted in that they had no effect on the result,
but in fact the figure for such ineffectual votes is even larger, because a plurality of only one vote is needed to
win a seat under the FPTP system. Any more votes cast for the winner are superfluous; one estimate for the
2010 British general election is that 71.1% of votes, or 21.1 million of the 29.7 million cast, had no effect on the
composition of the House of Commons.
6. Tactical voting: This is quite common in FPTP systems, with voters opting not for their preferred
candidate but for an alternative so as to keep a third candidate out. This often happens in seats which are “safe”
for particular candidates and therefore votes for all others except a likely runner up are useless.
7. Targeted campaigning: This is widely used under the FPTP system, because small swings can decide
large proportions of seats. In some countries, “swing” voters form only about 5% of the electorate. In India, as
candidates sometimes admit privately, campaigns are often aimed at particular castes or communities. Post-
election policies may then favour the swing voters who may have decided the outcome. Targeted campaigns can
be effective; in the UK in 1992, the Liberal Democrats won 20 seats on a vote-share of 17.8%, but in 1997 a
campaign targeted on the seats where they had the best chance won them 46 seats on a lower vote-share,
namely 16.8%.
8. The representative becomes the sole gatekeeper: The fact that FPTP provides only one
representative per constituency means the winner becomes the sole gatekeeper, that is, the only person
constituents can approach with their concerns. If the elected representative belongs to a party which opposes
whatever the constituent seeks (or is hostile to the constituent for any reason), then the voter has nobody else
to approach. In addition, voters who support a party but do not like the party’s candidate get no other option.
Parties tend to choose “safe” candidates. This can work against women and minority candidates. Furthermore,
able local party members could be excluded from candidature because they belong to the “wrong” social group
for the constituency concerned.
Advantages of the FPTP System:
1. Simplicity: The FPTP system is simple, and with only one representative per constituency it can create a
direct link between the constituency and the representative.
2. Wider choice for voters: Parties can field more than one candidate, and in open-list systems, like that
used for the European Parliament, independents can also stand. STV gives voters more options than any other
electoral system, and parties also have an incentive to present a range of candidates in order to maximise the
number of second and third preferences. This reduces the temptation to field “safe” candidates, and also makes
negative or hate-campaigning a risk; candidates cannot risk alienating their own supporters with attacks on
other candidates, because their own supporters may vote for the others as second or third preferences. This
could also reduce the need to target a campaign at any one group in a constituency. Furthermore, a personally
unpopular candidate is unlikely to obtain second-, or lower preference votes, and there is no need for tactical
voting to keep a candidate out, because the range of successful candidates is by definition wider than it is under
the FPTP system
3. Fixed constituency boundaries: There is no need to redraw constituency boundaries so as to maintain

roughly the same number of voters in each one. Instead, the number of representatives per constituency can be
varied according to demographic changes, and the risk of gerrymandering is potentially eliminated
The advantage and disadvantages of a PR system:

1. It allocates seats by vote-share, and would therefore give such parties a share of seats
commensurate with their support among those who turn out to vote.
2. A possible or even likely problem for a PR system is that post-poll negotiations might well
replace the current, already complicated and sometimes fragile, pre-poll alliances and seat
sharing agreements.
3. Under the FPTP system as it stands, pre-poll agreements may go some way towards creating
stable or at least sustainable governments after elections; PR might simply replace one period of
negotiations with another and could even delay the formation of governments. It hardly needs to
be stated that governments at national and state level have for some decades been formed by
coalitions, with several parties often involved, and that in view of the diversity of the Indian
electorate the party system itself is fragmented though not chaotic. This could have further
resonances, particularly in view of the role of identity politics in different regions of India.
4. PR by itself may not be a solution to issues arising thence, because those may well result from
wider cultural issues and structural or other inequalities in the form of access to resources, to
public services such as health and education, and the like.
5. Certainly PR is unlikely to eliminate identity-based politics altogether, because that form of
politics continues to be a powerful factor in some regions of India. Identity-based politics is also
a major feature of politics in Nepal, where the introduction of a hybrid PRFPTP system, possibly
with a view to countering the effects of identity politics in a very stratified society where caste
divisions are clearly shown in party politics, has not ended instability and deadlocks despite
considerable improvements in the electoral process itself .
6. This remains the case even though hybrid systems are not directly comparable either to FPTP or
to PR systems on their own. Where PR could, however, constitute an improvement on the
present FPTP system in India is that pre-poll seat-sharing agreements reduce the range of
options available to voters at the ballot box; at present, the relevant decisions are taken not by
the voters but by the party leaderships concerned, whether at national or state level. A
proportional system would put some of the relevant power of decision back in the hands of
voters, and could at least in
The people who argue against the PR feel that it will not accommodate the concerns and interests of the
miniscule or smaller castes and religions. Because of their smaller number of votes, these areas may not get any
representation in the Parliament.
While FPTP may not be representative enough, PR may put smaller and regional parties at an unfair
disadvantage. Ultimately, we will have to first decide what we want out of its elections and then choose the
electoral system that works for those goals.
12. Constitutional mechanisms to resolve the inter-state water disputes have failed to address
and solve the problems. Discuss. How far Inter-State River Water Disputes (Amendment) Bill
2017 will help towards disputes resolution. (250 Words, 15 Marks)
Answer:
The Inter-State River Water Disputes are one of the most contiguous issues in the Indian federalism today. In
the extreme cases, it may hamper the relationship between the different states. The recent cases of the Cauvery
Water Dispute and the Satluj Yamuna Link Canal case are examples.
Various Inter-State Water Disputes Tribunals have been constituted so far, but it had its own problems.
Water is a State subject as per entry 17 of State List and thus states are empowered to enact legislation on
water.
1. Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments,
and water storage and water power.
2. Entry 56 of Union List gives power to the Union Government for the regulation and development of
interstate rivers and river valleys to the extent declared by Parliament to be expedient in the public
interest.
Article 262 of Indian constitution:

Constituent Assembly anticipated the emergence of water disputes in future. A specific provision of Article 262
is mentioned in the constitution itself due to the sensitivity of such disputes.
In the case of disputes relating to waters, Article 262 provides:
1. Parliament may by law provide for the adjudication of any dispute or complaint with respect to
the use, distribution or control of the waters of, or in, any inter-State river or river valley.
2. Notwithstanding anything in this Constitution, Parliament may, by law provide that neither the
Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or
complaint.
Inter-State Water Dispute Act, 1956: Extraordinary Delays in the execution and
implementation
1. Many times there have been extraordinary delays in constituting the tribunal. For example, in the case
of Godavari water dispute, the request was made in 1962. The tribunal was constituted in 1968 and
the award was given in 1979 which was published in the Gazette in 1980.
2. Similarly, in Cauvery Water Dispute, Tamil Nadu Government requested to constitute the tribunal in
1970. Only after the intervention of Supreme Court, the tribunal was constituted in 1990.
3. Due to delay in constituting the tribunal, state governments continued to invest resources in the
construction and modification of dams, thus strengthening their claims.
Solution: Amendments to the Act in 2002
1. In 2002, an Amendment was made in the Act by which the tribunal has to be constituted within a year
of getting the request.
2. It has also been mandated that the tribunal should give the award within 3 years. In certain situations,
two more years can be given. Thus maximum time period was 5 years within which the tribunal should
give the award.
3. Tribunal award is not immediately implemented. Concerned parties may seek clarification within 3
months of the award.
4. It has also been clarified that the Tribunal Awards will have the same force as the order or decree of
Supreme Court. The award is final and beyond the jurisdiction of Supreme Court.
But still, there were issues…

1. Though Award is final and beyond the jurisdiction of Courts, either States approach Supreme Court
under Article 136 (Special Leave Petition) or private persons approach Supreme Court under Article 32
linking issue with the violation of Article 21 (Right to Life).
2. The composition of the tribunal is not multidisciplinary and it consists of persons only from the
judiciary. Thus there is not much difference in tribunal and Supreme Court Bench.
3. Tribunals work gets delayed due to the lack of availability of the data.
New Solution: Inter-State Water Disputes (Amendment) Bill, 2017 – Dispute Resolution
Committee and Single Permanent Tribunal
1. The government has introduced this Bill in the present session of the Lok Sabha seeking to speed up
the interstate water dispute resolution.
2. The centre is to set up Dispute Resolution Committee having experts from the different fields in
case of water disputes. The Committee will try to resolve the dispute within 1 year. The tribunal will be
approached only when this committee fails to settle the dispute.
3. According to this Bill, a Single Permanent Tribunal is to be set up which will have multiple
benches.
4. The Bill calls for the transparent data collection system at the national level for each river basin and a
single agency to maintain data bank and information system.
Case Studies of recent Inter-State River Water Disputes
Cauvery Water Dispute
Cauvery is an inter‐State basin having its origin Karnataka and flowing through Tamil Nadu and Puducherry
before out falling in the Bay of Bengal. The states concerned are Kerala, Karnataka, Tamil Nadu and
Puducherry (UT).
1. In 1892, there was an agreement between the princely state of Mysore and British province of Madras.
2. In 1924, a new agreement for 50 years i.e. till 1974.
3. In 1970, Tamil Nadu Government approached to Central Government to constitute the tribunal and
also in the same year Tamil Nadu Farmers Association filed a civil suit in Supreme Court.
4. In 1986, Tamil Nadu again made a formal request to constitute the tribunal.
5. In 1990, the tribunal was set up on the directions of Supreme Court.
6. The Cauvery Water Disputes Tribunal passed an Interim order in 1991 directing the State of
Karnataka to release Water from its reservoirs in Karnataka so as to ensure 205 Thousand Million
Cubic Feet (TMC) of water into Mettur reservoir of Tamil Nadu in a water year (1st June to 31st May)
with monthly and weekly stipulations. Karnataka government refused to obey the interim award.
7. After 16 years of hearing and an interim order, the Tribunal announced its final order in 2007
allocating 419 tmcft water to Tamil Nadu and 270 tmcft to Karnataka. Kerala was given 30 tmcft and
Puducherry got 7 tmc ft. Both Karnataka and Tamil Nadu filed review petitions in Supreme Court.
8. Karnataka has not accepted the order and refused to release the water to Tamil Nadu. In 2013,
Contempt of Court was issued against Karnataka.
9. In 2016, a petition was filed in Supreme Court to seeking the release of water by Karnataka as per the
guidelines of the tribunal. When Supreme Court ordered Karnataka to release water, Kannada people
protested the decision saying they do not have enough water.
10. SC gave the final order in this regard.
Inter-State River Water Disputes: The Conclusion
India has 2.4% of the World’s land, 18% of world population but only 4% of the renewable water resource. If
sufficient steps are not taken, the uneven water distribution will increase the possibility of water conflicts.
Inter-state river water disputes hinder the cooperative federalism of our nation and provide parochial mindset
making regional issues superior to national issues. One should realise that our nation is a family in which all
states are its members.
So disputes must be resolved by dialogue and talks and the political opportunism must be avoided. The issue
can be resolved by discussing the dispute in Inter-State Council which can be beneficial in providing a platform
for the talks. Such disputes must be resolved as early as possible to ensure greater cooperation between the
states.
13. What are the structural problems that the Indian federalism faces today? What are the
consequences of these problems? Has time come to allow each state to have its own model of
governance, bureaucracy and local governments? Comment. (250 Words, 15 Marks)
Answer:
Federalism is a type of government in which the power is distributed between the central and provincial
governments by the constitution, and both are independent in their respective spheres. Though India has federal
features like Dual government, written constitution, division of powers between centre and states, supremacy of
constitution, partial rigidity of constitution, Bicameralism and Independent judiciary, it is regarded only as a
Quasi-federal state.
Structural problems faced by Indian constitution:
a. The distribution of powers is asymmetric between the centre and states. (7th schedule)
1. Union list contains more subjects than state list
2. More important items are included in union list
3. Centre has overriding power in union list
4. Residuary powers vest with the centre
b) States in India have no right to territorial integrity (Art 3)
c) Single constitution, and right to initiate amendments vests with the centre.
d) All states are not equally represented in upper house. Candidates contesting for Rajya Sabha need not be
registered voters of that particular state. The Rajya Sabha has largely lost its character as the council of the states
defending the state interests.
e) Emergency provisions
1. During an emergency, central government becomes all powerful and states go into the control of the
centre.
2. Misuse of Art. 356 to uproot state governments in which competitive political parties are in power.
f) Role of governor
1. Governors act as head of the state and representative of the centre
2. Being appointees of the centre, and whose tenure depends on the please of the president, they have acted
in a biased manner from imposition of president’s rule to inviting the leader when there is no clear cut
majority
g) Deployment of central forces in the states without taking consent from the state governments
h) All India services are appointed by the centre, but work in the states. The centre possesses the ultimate control
over them. While this provides AIS great deal of autonomy, it decreases the control of the state on them.
i) Imbalance in financial resources between centre and states and between the states –
1. Though major expenditure items like education, health, etc lie with the states, major revenue items like
income tax lies with the centre. As a result, states are heavily dependent on the centre for various kind of
resource transfers.
2. Many of the centrally sponsored schemes come in revenue sharing mode with the states. This reduces the
state’s ability to spend on items as per their priority.
3. States in India are at different stages of economic development. Hence, the relatively more development
states complain of diverting their resources to poorer states, and poorer states complain of not doing
enough to bridge the development deficit.
j) Growing regionalism and strength of regional parties at the states is making politicians prioritize the regional
interests over national interests.
Despite the above unitary features, state governments enjoy considerable autonomy to innovate with their own
model of governance.
1. Dynamic chief ministers in the states have tried to revamp the overall governance through use of
technology (eg. AP's state-wide enterprise architecture initiative - e-Pragati), bold policy moves (eg.
Prohibition in Bihar), improving law and order, single window clearances to improve ease of doing
businesses, etc.
2. The control over postings and transfers of All India Services rests with the states, which can be used in
an effective manner. The states have complete control over the state services. A host of civil service and
police reforms can be initiated by the states.
3. The decision to make more meaningful decentralisation of funds, functions and functionaries to local
governments lies with the states.
4. In a globalised competitive environment, the states have to reform and perform better to flourish. The
constitution has provided them enough leeway to transform and come up with a better model of
governance.
14. What were the objectives of the Food Safety and Standards Act, 2006? Recently, the
Comptroller and Auditor General of India (CAG) released an audit report on the
‘Implementation of Food Safety and Standards Act, 2006’. Examine its findings and
recommendations. (250 Words, 15 Marks)
Answer:
Many people experience a food borne disease at some point in their lives. This highlights the importance of
making sure the food people eat is not contaminated with potentially harmful bacteria, parasites, viruses,
toxins and chemicals. Hence food safety regulations are necessary.
According to WHO more than 200 diseases are spread through food. One in ten people fall ill every year from
eating contaminated food and 4,20,000 each year as a result. So even sustainable development goals focus on
food safety.
Objectives of Food safety and standards act 2006:

The Food Safety and Standards Act, 2006 was enacted to
1. Consolidate multiple laws in the country relating to food safety
2. Establish a single point reference system
3. Establish the Food Safety and Standards Authority of India (FSSAI). FSSAI formulates
standards for food and regulates their manufacture, storage, and distribution, among others.
Key findings of the CAG report:-
1. Even after more than a decade of the enactment of the Act, the Ministry and FSSAI are yet to
frame regulations governing various procedures and mechanisms as stated in the Act.
2. FSSAI has been unable to identify areas for which standards are yet to be formulated or
revised.
3. There is no clarity on the reasons underlying the identification of food products that were
standardised ahead of others. Multiple cases of high levels of lead and MSG in Maggi noodles were
found many years later it has been in the market .This showed the complacency of the food authorities.
4. In some cases FSSAI entrusted the task of suggesting revision of standards to representatives of the
food business operators, whose opinions may be biased
5. Licensing to food businesses were issued on the basis of incomplete documents in more than 50%
of cases checked.
6. In cities street food culture is taking precedence but the quality of food served is not
checked.
7. FSSAI has failed to ensure that the customs authorities do not let unsafe foods enter the country.
8. Food laboratories:-
a. The food laboratories used for testing by FSSAI are of low quality and 65 out of the 72 state food
laboratories do not possess proper accreditation.
b. There is no data maintained regarding the quality of food analysts.
c. The shortage of functional food testing equipment in state food laboratories resulted in deficient testing
of food samples.
9. Recruitment:-Recruitment process was ineffective even after the passing of the act. This has resulted
in acute shortage of staff at various levels which affects food safety measures across the states
10. Contractual employees were performing routine functions, defeating the intention of
appointing contractual employees only for specific tasks of defined duration.
Recommendations:-
1. Regulatory and administrative framework:- The CAG recommended that the FSSAI must
expedite the notification of regulations on all the areas that have been specified in the Act. Further, it
must frame standard operating procedures on the formulation and review of standards,
and ensure that these are adhered to.
2. Licensing: FSSAI ensure all licenses issued under the earlier system of product approvals are
reviewed, and licenses cancelled and reissued as required under the present procedure of product
approvals.
3. Food business: FSSAI also does not have any database on food businesses. In this context, the CAG
recommended FSSAI and state food authorities must conduct surveys of food business activity under
their jurisdiction.
4. To increase the staff, the CAG recommended that the Ministry and FSSAI must take steps to notify the
recruitment regulations and fill up the vacancies.
Different governmental departments, agencies, encompassing public health, agriculture, education and
trade, need to collaborate and communicate with each other and engage with civil society including
consumer groups.
15. The goals of good governance will remain utopian if local governments responsible for
providing all basic services directly to the citizens, are not empowered as mandated by the 73rd
and 74th constitutional Amendment Acts.” Critically evaluate the status of empowerment of the
local bodies. (250 Words, 15 Marks)
Answer:
Even after passing of the 73rd and 74th Constitutional Amendments, the transfer of funds, functions and
functionaries has been nominal in most States with notable exceptions such as Kerala. As a result, the
performance of local governments has been severely stunted.
1. Functions:
 Under 73rd and 74th Amendment, the transfer of various governance functions—like the provision of
education, health, sanitation, and water was not mandated. Instead the amendment listed the functions
that could be transferred, and left it to the state legislature to actually devolve functions. There has been
very little devolution of authority and functions in the last 25 years. PRIs cannot govern unless they are
given the authority to actually perform functions related to governance.
 To make matters worse, because these functions were never devolved, state executive authorities have
proliferated to carry out these functions.
 There is increasing tendency of creating new agencies like Special Purpose Vehicle in Smart cities
mission, furthering the process of centralisation of even basic municipal functions such as water supply
and sanitation into the hands of parastatals such as water boards and authorities has led to a massive
decline in the role and status of local bodies.
2. Funds:
 Local governments can either raise their own revenue through local taxes or receive intergovernmental
transfers.
 Many local bodies have reluctant to raising resources internally. The argument pushed by Panchayat
heads is that it is difficult to levy tax on your own constituency, especially when you live in the community.
Moreover, The power to tax, even for subjects falling within the purview of PRIs, has to be specifically
authorized by the state legislature, a choice that most states have not exercised.
 Tied nature of funds: This has two implications. The activities stated under a certain scheme are not
always appropriate for all parts of the district. This results in unsuitable activities being promoted or an
underspend of the funds.
 The resources transferred by the finance commissions at centre and state are far from enough to bridge
the revenue gap.
 As a result, PRIs are so starved for funds that they are often unable to meet even payroll obligations. They
are reluctant to take on projects that require any meaningful financial outlay, and are often unable to
solve even the most basic local governance needs.
 The only long-term solution is to foster genuine fiscal federalism where PRIs raise a large portion of their
own revenue and face hard budget constraints, i.e. fiscal autonomy accompanied by fiscal responsibility.
3. Functionaries:
 Excessive control by bureaucracy - In some States, the Gram Panchayats have been placed in a position
of subordination. Hence, the Gram Panchayat Sarpanches have to spend extraordinary amount of time
visiting Block Offices for funds and/or technical approval. These interactions with the Block staff office
distort the role of Sarpanches as elected representatives. The recruitment of the bureaucracy is done by
state government, and Gram Panchayats/Sarpanch have very little control over them.
 A large number of elected representatives of PRIs are semi-literate or literate and know little about their
roles & responsibilities, programmes, procedures, systems. Often for want of good, relevant and periodic
training, they are not able to perform their functions properly.
 In most of the urban bodies, the position of mayor is ceremonial, and the real power rests with the
commissioner, who is appointed and controlled by state government.
Its high time to do meaningful transfer of the 3 Fs (funds, functions and functionaries) to ensure that
decentralisation of governance and empowerment of citizens at the grass roots don’t remain as empty slogans
signifying nothing.
16. Dr B R Ambedkar quoted that Article 356 would remain a dead letter under the constitution,
however, it has emerged at the death letter for state governments. Discuss the statement in the
light of various Supreme Court judgments on the issue. (250 Words, 15 Marks)
Answer:
Provisions regarding President Rule have turn out to be the most controversial articles since the inception of
our constitution since 1950. Dr B.R. Ambedkar had referred provisions related to President Rule as a dead
letter of the constitution. The constituent assembly were also concerned about possible misuse of these
provisions and Dr B R Ambedkar quoted that these provisions would remain a dead letter under the
constitution. If at all they are brought into operation in any case then President will take necessary precautions
while deciding on that issue like issue warning to state etc. But this was never the case and before the
judgement of Bommai case, Article 356 has been repeatedly abused to dismiss the State Government
controlled by a political party opposed to ruling party at centre.
Grounds of President Rule
Article 355 states that it shall be the duty of the Union to protect every State against external aggression and
internal disturbance and to ensure that the Government of every State is carried on in accordance with the
provisions of this Constitution.
Article 356 states that President rule can be imposed in any state on grounds of failure of Constitutional
Machinery, and failure is of two types: -
If President on receipt of report by Governor of a State or otherwise is satisfied that a situation has arisen in
which govt of that state can’t be carried in accordance with provisions of the Constitution then President Rule
can be imposed.
Article 365 states that every state shall comply with all directions given by Union on matters it empowers to do
so. If any state fails to comply with directions of union then President Rule can be imposed.
Misuse of President Rule
Article 163 says that Governor has to be advised by Council of Ministers to discharge his functions but in case
of any question arises under which Governor has to act in his discretion according to constitution then decision
of governor shall be final. This discretionary power of Governor under Article 163 is one of the major reasons
behind misuse of president rule in India because he has no binding to consult Council of Ministers while
preparing and sending the report to President.
On three occasions, President Rule has been imposed in absence of ‘report of governor’. Two such cases were
post elections events, first is when Janta Party govt led by Morarji Desai came in power (1977) impose
President rule in 9 states where congress was in power and second is when congress party came in power in
1980 and impose president rule in all non-congress ruled states. Third such case happened when
Karunanidhi’s (DMK) government was dismissed by Chander Shekhar government at centre and governor of
Tamil Nadu S.S. Barnala denied that he has sent any report regarding failure of constitutional machinery in
Tamil Nadu.
Supreme Court Guidelines: S R Bommai vs Union of India Case (1994)
The following principles are set up by Supreme Court for use of Article 356:-
The Proclamation of President Rule is subject to judicial review (as provided by 44th Amend 1978) on grounds
of mala fide intention;
The Proclamation shall be based on relevant material and centre has to justify the imposition of President rule;
The court has power to revive dissolved or suspended state govt if proclamation of President rule founds
unconstitutional and invalid;
The state assembly can’t be dissolved before approval of Parliament for imposition of President Rule and
President can only suspend the assembly;
The grounds of serious allegations of corruption against ministry of state and financial instability are not
enough for imposition of President Rule;
• The state govt shall be given enough opportunities to correct itself in cases where directives are issued;
• Secularism is the basic feature of our constitution and any measure or action is taken by state govt for security
of this feature can’t led to use of Article 356;
• The power under Article 356 can’t be used to sort out intra party problems of ruling party;
• If ministry of state resigns or dismissed or loses majority then governor can’t advise President to impose
President Rule until enough measures are taken by governor for formation an alternative govt;
• The SC held that power under Article 356 is an exceptional power and to be used only in case of exigencies.
Recommendations of different committee on President Rule:
Sarkaria Commission
The Commission noted that this Article has been misused in 90% of the cases for political purposes. So it
recommends that:
a) The President's Proclamation should include the ‘reasons’ as to why the State cannot be run as per the
normal provisions of the Constitution.
b) As far as possible, the Centre should issue a warning to the State government before resorting to the use of
Art. 356.
c) It should not be used to serve political purposes.
d) Art. 356 should be amended so that the President be empowered to dissolve the State Legislature only after
approval by the Parliament.
B. Punchhi Commission
On the question of invoking Article 356 in case of failure of Constitutional machinery in States, the
Commission would recommend suitable amendments to incorporate the guidelines set forth in the landmark
judgement of the Supreme Court in S.R. Bommai V. Union of India (1994).
• The commission recommended provision of ‘Localized Emergency’ which means that centre govt can tackle
issue at town/district level without dissolving the state legislative assembly while at same time carrying out
duty of the Union to protect States under Article 355.
• It is however necessary that a legal framework for exercising the power of "localized emergency" is provided
by an independent Statute borrowing the model of the Disaster Management Act, 2005 and the Prevention of
Communal Violence and Rehabilitation Bill, 2006.
Only exceptional situations which fall within the scope of "external aggression" or "internal disturbance"
should be considered for the purposes of separate legislation under the mandate of Article 355.
Many other commissions and committees have also recommended that Article 356 should be used very
sparingly and only as a measure of last resort. But till present provisions of President Rule has been misused by
political parties for their own benefits such as recent example of Arunachal Pradesh.
However implementing Supreme Court and commission recommendations would remove possible misgivings
in this regard on the part of States and would help in making smooth Centre-State relations. But the proper use
of Article 356 can ultimately be governed by the inherent decency and honesty of the political process.
It needs to be remembered that only the spirit of "cooperative federalism" can preserve the balance between
the Union and the States and promote the good of the people and not an attitude of dominance or superiority.
Under our constitutional system, no single entity can claim superiority. Sovereignty doesn't lie in any one
institution or in any one wing of the government. The power of governance is distributed in several organs and
institutions - a sine qua non for good governance
17. What do you understand by personal laws? Is Personal Law “law” and “laws in force” within
the meaning of Article 13 of the Constitution of India? Examine in the light of Triple Talaq
judgment. Also argue for Uniform civil code in India. (250 Words, 15 Marks)
Answer:
The people of India belong to different religions and faiths. Since ancient times, religion was the guiding force
behind all laws. The area of applicability of such laws has now been reduced to only family affairs such as
marriage, divorce, maintenance, minority, guardianship, adoption, succession and inheritance, and referred to
as personal laws.
There is certain degree of ambiguity involved in whether personal laws have to be subjected to Art.13 of the
constitution.
In Triple Talaq case, the Centre government has taken a categorical stand before Supreme Court that personal
laws should be in conformity with the Constitution. This has raised the question whether constitutional
protection given to religious practices should extend even to those that are not in compliance with fundamental
rights.
 In Narasu judgement(1952), Bombay High Court held that personal laws could not be invalidated
by courts even if they are found to be opposed to fundamental rights, since personal laws was not
covered by the phrase “laws in force” used by the Constitution in Article 13 to denote all those pre-
constitutional enactments which were “in force” at the time of adopting the Constitution, and
which were subject to the Fundamental Rights. The two judges held that this was because the
source of personal law was religion rather than the state. Thus, personal laws were held to be
immune from constitutional challenge. The Narasu judgement was upheld by a SC bench in 1980,
in Sri Krishna Singh v Mathura Ahir (1980).
 In a judgement in 1996, it seemed as if the Court had implicitly overturned the Narasu rationale,
since it noted that personal laws would be void if they violated fundamental rights (C Masilamani
Mudaliar and Others v The Idol of Swaminathaswami Thirukoil 1997). But the very next year, in
Ahmedabad Women’s Action Group v Union of India (1997), the SC once again upheld Narasu
and dismissed a petition challenging various provisions of Hindu, Muslim and Christian personal
laws.
 Among the high courts, the reception of Narasu has differed vastly. While some have faithfully
adhered to its rationale, others have called for its reconsideration.
 In Bano’s case, the All India Muslim Personal Law Board (AIMPLB) which has become a party to
the case, has argued before the Court that following the Narasu judgement, the SC does not have
the authority to entertain a constitutional challenge to Muslim personal law.
In the Triple talaq case, the Supreme court had to test if practice of triple talaq could be subjected to judicial
review at all. The majority decision was divided on this question. Two of the majority held that, because triple
talaq is provided for in the Muslim Personal Law Act, 1937 (MPL Act), and legislation is reviewable under Article
13, the practice could be judicially reviewed. Justice Kurien Joseph arrived at the same conclusion, but did so
based on the rationale that triple talaq does not in any event form part of Muslim Personal Law. He held that
“what is bad in theology is bad in law as well,” and rejected the argument that the MPL Act codified this “bad
theology.” The minority, on the other hand, held that triple talaq did not fall within the scope of judicial review
under Article 13.
As things stand now, the spirit of Narasu judgement continues.
Uniform Civil Code should be introduced in India for following reasons:

 Promotes national integration and Secularism
 Constitutional law should override religious law in a secular republic
 Many practices like Halala governed by religious tradition are at odds with the fundamental
rights.
 Will help in building a more harmonious and cohesive society which stands for equality and
justice
 When the hold of religion is reducing in the society, it is absurd to follow religion inspired laws,
when more progressive options are available.
 With exception to personal laws, Indians follow common criminal and civil laws without any
problems whatsoever.
Thus, efforts must be made to implement Art.44 by taking the best practices from all religions to build a modern
society.
18. The demand of statehood for Delhi has been central to the friction between the elected
government and the Lt.Governor. Critically examine the demand of statehood of Delhi in the
light of the recent Supreme Court judgment. (250 Words, 15 Marks).
Delhi being the national capital has a unique governance setup, as defined in Art.239AA of Indian
constitution. The central government through LG directly deals with public order, police, and land. As a result,
agencies like DDA, Delhi Police, DMC and NMDC, which have a significant stake in governance are outside the
purview of Delhi government.Having different political dispensations at centre and Delhi government has led to
frictions from time and time, and the most recent tussles were on the following issues:
1. CM's direction to bureaucrats to route the files related to Police, Public order and Land which are the
reserved subjects falling under LG effectively.
2. Appointment of ACB chief, Home secretary, chairperson of Delhi commission for women are among other
issues which caused tension between LG and the Delhi government.
3. Notification from MoHA stating LG to have the last word in the matters of Police, Public Order and Land.
4. Delhi high court ruling in favour of MoHA notification stating LG to be the administrative head of Delhi
Government and he was not required to act on the aid and advice of the CoM. The judgement of the same
was challenged by Delhi government in the Supreme Court and the judgement for the same was given
recently.
5. This power tussle is a unique to Delhi, as it has many features of a state, but a union territory. There has
been constant demand for a full fledged Statehood for Delhi as a solution to the frequent frictions between
the role of LG and Council of Ministers.
At the heart of the dispute between LG and Govt lay two articles, Article 239AA(3)(a), and Article 239AA(4)
which give rise to 2 broader issues:
1.The Demarcation of Executive Power :

Delhi's status as not-quite-a-state, and the absence of any explicit recognition that the L-G too , like other
governors of the state, has to act upon the aid and advice of the Council of Ministers put ambiguity in LG's role
of assenting and dessenting.
2.The Scope of the LG’s Power to Refer a Difference of Opinion to the President under article 239AA(4):
If there is difference of opinion between LG and CoM on any matter, LG could reserve the matter to the
President, however it is not clear if this phrase also mean "every matter" could be reserved to the President.
The recent Supreme Court judgement brings clarity on the nature of governance arrangement in
Place:
1. Delhi also has to be governed by the principles of Representative democracy and Parliamentary
democracy. The LG is not entrusted with any independent decision making power. LG had to act as per
the aid and advice of the Council of Ministers of Delhi Government except in matters of land, police and
public order.
2. LG cannot interfere in each and every decision of the Delhi Government. Although decisions of the
Government have to be communicated to the LG, there is no need to obtain the concurrence of LG in all
matters.
3. In the event of disagreement with the council of ministers, LG must refer the decision to the President.
However, this provision has to be exercised only in exceptional circumstances.
4. Delhi was not a ‘State’, and occupied a special status under the Constitution.
While the judgement has brought clarity in the roles to be performed by each of the constitutional actors,
Supreme Court was silent on the issue of "reasoning in writing" in case of difference of opinion and also of time
limit within which the difference of opinion must be forwarded to the President. Such silence would further pose
the apprehensions of future friction between LG and Delhi government and repeated demands for Statehood.
Also considering the following current issues it would seem right to elevate the status of NCT to a complete state.
1. United Nations report projects that Delhi urban agglomeration will make it the most populous city in the
world by 2028.And nowhere in a democracy would such huge population is represented by govt with
restricted powers.
2. When the Union Territories were first created, the idea was to provide a flexible yet transitional status to
several territories that joined the Indian. With time, Goa, Manipur, Himachal Pradesh and Tripura have
been granted statehood.
Hence the demand for statehood continues.

Arguments in favour of statehood for Delhi:
1. Despite the popular support, a significant number of governance structures are outside the ambit of Delhi
government.
2. Constant tussle between centre and Delhi government does not auger well for the development of Delhi.
3. By having full statehood, people can enforce better accountability on the political dispensations.
Arguments against statehood for Delhi:
1. Nowhere in the world is the capital of a major nation under the rule of a state government.
2. Delhi is a major seat for central government establishments and embassies. Hence, there is a concern,
this would lead to Delhi government disturbing their autonomy.
3. The security of a national capital cannot be handed over to a state government.
4. Land-use, zoning plans and building regulations need to be managed in tandem with the standards
expected of a capital city. But, the local government may choose to satiate local demands, which may not
be the best for Delhi as the capital.
5. Making Delhi a state would increase parochial sentiments, which is not good for its status as national
capital.
6. Delhi by virtue of UT and national capital receives lot of subsidies, which will be lost in it becomes a
routine state.
7. There is no popular demand for the statehood, and it is a manufactured one.
Thus, it is difficult to fulfil the demand for statehood of Delhi due to the above reasons. However,alternative
arrangements to reduce the friction can be thought about. Mutual respect and sagacity on the part of
constitutional players would put the friction to the minimum and would further good governance in Delhi.
19. A well-informed public can serve as a watchdog more effectively than existing banking
regulatory bodies. In the light of recent banking crisis and resultant issues, comment on
the statement. (250 Words, 15 Marks)
Answer:
Background:-
 The Nirav Modi case, Rotomac case of bank fraud has once again brought into focus
the deficiencies in procedures and supervisory and regulatory controls in the
banking sector. This calls for reforms and including public in the watchdog process.
 The Reserve Bank of India’s (RBI) June 2017 Financial Stability Report says losses
from financial sector frauds rose 72 per cent in the five years to fiscal 2017 to Rs
16,770 crore.
Why public need to be involved:-
 The Indian banking system is already reeling under the pressure of growing NPAs, or non-
performing assets which will touch nearly Rs. 10 lakh crore by March 2018. This has already
caused a slowdown in disbursal of bank credit, in turn affecting productive investment and then
affecting the economy.
 The failure of banking system is occurring at many levels.
o At the level of the bank, some rogue bank employees are involved in the frauds.
o Senior management and auditors are not tracking the problematic transactions
effectively.
o The Reserve Bank of India (RBI) did not monitor banks properly and created opacity
with new financial instruments.
o The Finance Ministry failed in its oversight and regulation.
 Crony capitalism:-
o Some favoured companies are not declared wilful defaulters even when the
investigating agencies find that they are diverting funds.
o Those declared as wilful defaulters are neither punished nor prevented from leaving
the country.
o In fact their names are not even made public, so they can continue to access loans from
other banks.
 Opacity around the functioning of banks that keeps the public in the dark about the extent and
details of wrongdoing.
 Supreme Court in its landmark judgment in Reserve Bank of India v. Jayantilal N. Mistry ruled
that the regulatory bodies were not in a fiduciary relationship with the banks that had provided the
information to them and people, who are sovereign, need to be made aware of the irregularities
being committed by the banks .
 Even Central information commission noted that the information can be disclosed if public interest
in disclosure outweighs the harm to the protected interest based on Section 8(2) of the RTI Act
Public will be effective because:-
 If banking crisis takes place common man is the first to suffer and fear the brunt of
the crisis.
 Even when government injects recapitalisation in the public sector banking system it
is the tax payer’s money so again public is the most affected.
 Since public money is involved they would be more cautious about the manner in
which their money is put to use and disclosure of information will increase the
transparency in the banking sector and make the regulators take informed decisions
in public interest.
Conclusion:-
 Recovering from this will require stricter adherence to sound banking rules and
more transparency and accountability from both public and private players
 The PNB fraud is a call to action for the government to do the right thing and ensure
that the scope for such frauds is minimised forever
 This is also about the government having to resolve the conflicts between its role as a
owner versus the entity responsible for financial stability
20. A recent study has found that the functioning of state legislatures is far from
satisfactory. Examine why their proper functioning is crucial and the ways in which they
can be strengthened. (250 Words, 15 Marks)
Answer:
Background :-
 In a democracy which focuses on good governance and inclusive decision making the role of state
legislatures is important. In the recent years there are reports which highlight that this role has not
been upto the mark.
Reasons why state legislatures are not functioning well:-
 Most state legislatures do not have such permanent standing committees. Occasionally, some state
legislatures refer Bills to ad hoc Select Committees for examination. However, it is not obligatory to
refer a Bill to a Committee, before its consideration and passing.
 At present, the technical support available to parliamentary committees and state legislature
committees is very limited and only includes a secretariat that enables scheduling of meetings,
note-taking etc.
 The mandate of the article 174(1) of the constitution seems to have been misused by many states,
which legally allows them to meet for as few as two sessions in a year.
o Presently state legislatures convene for an average of 30 days in a year. This does not
give them adequate time to transact business in the Assembly, including scrutiny of the
budget and a thorough consideration of Bills before they are passed.
o The Haryana Vidhan Sabha sat for a total of four days during its August 2016 session.
o During this period, 14 Bills were introduced and passed within 90 minutes without
much debate.
 Lack of accountability:-
o Legislative debates in the state assemblies are difficult to access, unlike at the Centre.
This results in lesser engagement of citizens with general policy-making at the state
level.
o With such opacity, a citizen can’t hold government departments, ministers or MLAs
accountable for their work and promises made on the floor of the assembly.
o States such as Gujarat and West Bengal don’t have legislative debates on their
assembly websites
 During the 2016 budget session, several state legislatures passed their budgets without extensive
debate or scrutiny.
o Most state legislatures do not have permanent committees to examine budgetary

proposals, before they are approved by the Assembly through permanent committees,
before the budget is approved by the Assembly.
Why functioning of state legislatures is crucial:-
 Seventh Schedule of the Indian constitution lists 66 subjects under the State List, where only the
state assemblies can exercise their legislative power
 Economic prerogatives:-
o Over the last few years, states have been receiving a greater devolution of central taxes.
This is expected to result in greater autonomy in decision making at the state level
which implies that states can spend them according to their priorities.
o Further, with the introduction of GST, the taxation powers of states in relation to
indirect taxes on goods and services have been enhanced. This reinforces the need for
state legislatures to conduct greater scrutiny of financial allocations and expenditures.
o State legislatures are also tasked with approving the budget. Expenditure of states is
focused on providing essential services such as, infrastructure like roads and schools,
public safety, and subsidies.
o In 2015-16, all states together budgeted to spend approximately Rs 23.4 lakh crore.
This was 30% more than that of the central government, which budgeted to spend Rs
17.6 lakh crore.
 In the last few years, significant legislative reforms in some concurrent areas such as land
acquisition, labour and taxation are being carried out at the state level.
o For example, in 2014, Rajasthan passed amendments to three central labour laws,
including the Industrial Disputes Act, 1947 and Factories Act, 1948.
How to strengthen the state legislatures:-
 Increasing the number of sitting days

o The National Commission to Review the Working of the Constitution (NCRWC) had
o Recommended setting a minimum period of sitting days for state legislatures.
 State legislatures with less than 70 members should meet for at least 50
days in a year
 While the rest should meet for at least 90 days in a year.
o Enabling scrutiny of the budget by state legislature committees
 Referring every Bill to a Standing Committee would provide for more in
depth discussion and debate on it, than is possible on the floor of the
Assembly. It would also enable legislators to build consensus across party

lines and allow for inputs from independent experts and stakeholders.
o Research support for Members of Legislative Assemblies:-
 In order to perform their role on the committee more effectively,
members require dedicated full time, high quality, and broad based
research support.
 For example, the Scrutiny Unit, in the UK Committee Office, provides
specialist expertise to Select Committees on financial matters and draft
Bills.
o Live telecast all proceedings of all state assemblies:-
 Live telecast of proceedings will ensure their performance is monitored by
citizens in real time, thereby improving the quality of legislation and
debates on matters of public importance.
o Bilingual websites and documents:
 All government resolutions at the state-level, including assembly websites,
should be translated into English and be available along with the
vernacular language of the state, to ensure more readability and hence
more civic and media engagement with state policies and actions.
o Involvement of various stakeholders and beneficiaries during the drafting of state
laws:
 Unlike the Centre, where draft bills are often shared by ministries for
public comments, the process of conceiving, deliberating and passing of
state laws is rather obscure. All states must practice inclusive policy-
making.
o Citizens should collectively demand mandatory disclosure of the text of legislative
debatesand questions on assembly websites by all states under the RTI Act, 2005.
Conclusion:-
 India’s citizens need a more robust legislative system that offers public representatives MLA’s,
Ministers and the chief ministers a greater sense of authority. state legislatures should be a space
for policy and not for politics

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6. It will also seek to regulate activities in social media.

But this action of creating statutory framework has various implications:

3. Use of whip office in parties to regulate activities during elections.

4. Discouraging the violation on social media by amending IT act.

2. Basic structure doctrine is an invisible amendment to the constitution. Critically examine.

Arguments in support of Basic structure:

Framework of anti-lynching law should contain:

Supreme Court judgment:-

6. “National Green Tribunal is viewed by many critics as a hindrance to economic

It will make law-making more effective in following ways:

Significance of Municipal Bonds:

Relationship between Parliament and judiciary:-

 For example, Members of Parliament (MPs) enjoy immunity from court

 The term ‘consultation’ has been interpreted by the Supreme Court to

Issues affecting the functioning of police:-

 An overburdened police force :-

 Directions of the Supreme Court in Prakash Singh vs Union of India :-

Problems with FPTP system:

Advantages of the FPTP System:

3. Fixed constituency boundaries: There is no need to redraw constituency boundaries so as to maintain

The advantage and disadvantages of a PR system:

Article 262 of Indian constitution:

But still, there were issues…

Cauvery Water Dispute

Inter-State River Water Disputes: The Conclusion

Objectives of Food safety and standards act 2006:

Grounds of President Rule

Misuse of President Rule

Supreme Court Guidelines: S R Bommai vs Union of India Case (1994)

Recommendations of different committee on President Rule:

c) It should not be used to serve political purposes.

As things stand now, the spirit of Narasu judgement continues.

Uniform Civil Code should be introduced in India for following reasons:

1.The Demarcation of Executive Power :

Hence the demand for statehood continues.

Arguments against statehood for Delhi:

Why public need to be involved:-

Public will be effective because:-

Reasons why state legislatures are not functioning well:-

o Most state legislatures do not have permanent committees to examine budgetary

Why functioning of state legislatures is crucial:-

How to strengthen the state legislatures:-

 Increasing the number of sitting days

Assembly. It would also enable legislators to build consensus across party

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