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Approach – Answer: General Studies Mains Mock Test 1049 (2018)

1. Concerns regarding the wide formulation and indiscreet application of discretionary powers of the
Governor need closer attention. Discuss.
Approach:
 Give a brief description of the discretionary powers of the governor as mentioned in the Indian
Constitution.
 Highlight the issues and challenges posed by these powers with respect to India‟s federal polity. Cite
relevant case laws and reports.
 Conclude with suggestions.
Answer:
The governor has a great role in promoting cooperative federalism as he acts as a vital link
between the centre and the state government. In this capacity
capacity he has certain discretionary powers as given
in Article 163(1) and Article 163(2), according to which the governor will have the final say if any
question arises about any matter falling into his discretionary powers. Thus, it seems to provide the
governor
ernor with wide ranging powers.
Not just wide formulation but indiscreet application of these powers has also raised various concerns such
as:
 Article 200 and 201: The Governor has the power to withhold the assent to a bill along with reserving
the bill forr the consideration of the president. States allege that this provision has often been misused
by the governor who acts on behest of the union government.
 Article 213: The power to promulgate ordinances when the state legislature is not in session. This
power
wer has been misused through repromulgations without trying to pass the bill in the assembly.
 Article 356: To recommend the imposition of constitutional emergency in a state. For political gains,
this power has been abused by central governments more than 120 times till date.
 Article 164: Appointment of chief minister. In case of a hung assembly, the governor‟s discretion to
invite a party to form government has often been questioned, the most recent examples being Goa and
Manipur elections.
Governor is charged with the duty to preserve, protect and defend the Constitution; however, governors
often perform their functions as „agents of the centre‟.
To limit the discretion of governor, the Supreme Court in the case of S.R. Bommai v. Union of India, held
that such exercise of control of the Union executive over the State executive is opposed to the basic
scheme of the Indian Constitution.
Sarkaria Commission Report also stated that, „Even the limited area of choice of action should not be
arbitrary. It must be a choice debated by reason, activated by good faith and tempered by caution.‟
It should be a right of the citizen to seek remedy through a Court of Law if the Governor fails to defend
the Constitution. In this context, the Supreme Court through cases such as Shamsher Singh v. State of
Punjab, have set aside the absolute immunity that may be claimed by an office of the Governor.

2. Explain the concept of subordinate legislation in India. Also discuss the mechanisms for their
scrutiny and control.
Approach:
 Briefly explain subordinate legislation in India.
 Discuss the criticisms of subordinate legislation and the need of scrutiny.
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  Discuss mechanisms of scrutiny and control (Parliamentary scrutiny (debate, question hour, motions
and committees); judicial interpretation and public consultation).
 Conclude with the need to reconcile subordinate legislation with parliamentary primacy in law
making.
Answer:
Subordinate legislation is a process by which the executive is given powers by primary legislation to make
laws in order to implement and administer the requirements of that primary legislation. Such law is the
law made by a person or body other than the legislature but with the legislature‟s authority. Article 13(3)
of the Indian Constitution includes within the definition of law forms of subordinate legislation such as
order, rule, regulation, notification.

The need for subordinate legislation arises due to:

 limited time available for legislation in Parliament due to overburdening,
 increasing complexity requiring knowledge and experience of experts.
 covering those situations which have not been anticipated by the Parliament.
 flexibility in meeting emergency situations.
However, the concept of subordinate legislation faces criticisms on many grounds including undermining
separation of power, legislation by unelected people, lack of publicity, etc.

Thus, there are various mechanism for scrutiny and control of delegated legislation. For example:
 Parliamentary scrutiny and control:: It occurs at various levels
levels such as:
o During the debate on the Act, the relevant departmental standing committee may recommend the
scope of delegated legislation.
o Statutory motion to discuss rules: After the rules have been tabled, MPs may move a statutory
motion seeking an annulment
lment or modification of the rules.
o Question Hour
o Committee on Subordinate Legislation: Both the houses have a Standing Committee on
Subordinate Legislation to oversee whether the power delegated by Parliament to the government
is being properly exercised.
o Every delegated legislation needs to be laid before the Parliament within a stipulated time frame.
 Public consultation:
consultation: Some Acts mandatorily require prior publication and consultation on draft rules
while in others the government may exercise its discretion
discr and invite comments on the draft rule.
 Judicial scrutiny and control:
control: Delegated Legislation may be declared invalid on the grounds of
violation of the Constitution of the India or the violation of the enabling Act.
There has been an exponential rise in delegated legislation in India. Thus, apart from strengthening the
existing mechanisms, a separate law like the Statutory Instruments Act of the UK, providing for uniform
rules of laying and publication, may be looked into . The committees of Parliament may be supplemented
by a specialized body to make vigilance of delegated legislation more effective and reconciled with
democratic principles of parliamentary control.

3. The crucial position accorded to the Speaker in Indian legislatures, makes it imperative to protect
them from undue political pressures and incentives. Examine.
Approach:
 Introduce by highlighting the position of the Speaker in Indian Legislature.
 Discuss the instances in our polity where the Speaker of the Assembly has precipitated a political
crisis by seemingly political decisions.
 Discuss the provisions and measures that can help to protect the Speaker from undue political
pressures and incentives.
 Conclude on the basis of above points.

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Answer:
The office of the Speaker occupies a pivotal position in our parliamentary democracy. The Speaker is
looked upon as the true guardian of the traditions of parliamentary democracy. The crucial position of
speaker can be understood from the following points:
 The Speaker of the Lok Sabha conducts the business in house; and decides whether a bill is a money
bill or not.
 They maintain discipline and decorum in the house and can punish a member for their unruly
behaviour by suspending them.
 They also permit the moving of various kinds of motions and resolutions such as a motion of no
confidence, motion of adjournment, motion of censure and calling attention notice as per the rules.
 The power to disqualify an MP or MLA under anti-defection law lies with thwe presiding officer of
houses and assemblies.
In view of these, there are many safeguards in the Constitution such as security of tenure, salaries charged
on Consolidated Fund of India, discussing their conduct only on substantive motion etc. to protect the
office of Speaker from undue political pressure.
Though the Constitution envisages the Speaker as a neutral position but there have been numerous
instances in our polity where the action of Speaker has raised concerns. For example:
 Sixteen MLAs from the ruling party in the Arunachal Pradesh Assembly Assembly and nine MLAs in
Uttarakhand Assembly were disqualified by the Speaker, in 2016 despite not officially leaving the
party or defying its directives, etc.
 Controversies regarding declaration of Aadhar Bill, 2016 as money bill by the speaker.
Thus, moree steps are required in addition to the existing safeguards. For instance:
 Power to decide upon the question of disqualification can be entrusted to Election Commission of
India.
 After getting elected as Speaker, he/she must resign from the party membersh
membership as practiced in
matured democracies like UK. Also, his constituency should go uncontested in the next general
election.
 non-partisan
Democratic conventions must be evolved through political consensus in order to ensure non
actions by speaker.

4. The Departmentally-Related
mentally-Related
mentally mini-parliaments in
Related Standing Committees have been referred to as mini
India. Highlight their relevance in a democratic polity and discuss, with examples, how they
improve the overall effectiveness of the Parliament.
Parl
Approach:
 Start your answer with brief introduction about Departmentally-Related Standing
Committees.
 Write about their relevance and contribution in democratic process.
 Conclude your answer with few shortcomings and suggestions to improve their efficiency.
Answer:
A full-fledged system of 24 Departmentally Related Standing Committees (DRSC) covers under
their jurisdiction all the Ministries/ Departments of the Government of India. It is a path-breaking
endeavour of the Parliamentary surveillance over administration.
Relevance in a democratic polity:
 Parliament as a whole can‟t go into details of each bill or grant due to its huge size and paucity of
time. This is facilitated by DRSCs. They perform legislative role consisting of parliamentarians.
Hence, called mini-parliaments.
 Imparts legitimacy to Indian democracy as the functionaries of committee are elected representatives.
 Effective in obtaining public feedback and building political consensus on contentious issues.

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  Has important functions like -Consideration of Demands for Grants; Examination of Bills referred to
by the Chairman, Rajya Sabha or the Speaker, Lok Sabha; Consideration of Annual Reports;
Consideration of national basic long term policy documents presented to the House and referred to it.
Improving overall effectiveness:
 Function throughout the year and in a way so as to compensate for Parliamentary time crunch. It
makes parliamentary control over executive much more detailed, close, continuous, in-depth and
comprehensive.
 Usually invites experts while scrutinising Bills.
 Devoid of any political positioning/populist opinion.
 Mandatory scrutiny of bills by committees ensures better planning of legislative business. For
example, DRSC on Commerce provided useful insights for „ease of doing business‟.
 Each DRSC focuses on a set of ministries and, therefore, helps its members build sector knowledge.
However, DRSCs don‟t have dedicated subject-wise research support. Also, there are issues relating to the
transparency (Committees meet behind closed doors and only the final report is published). Important
Constitution Amendment bill to enable the GST was passed by Lok Sabha without reference to the DRSC.
It is important to further strengthen the ability of DRSCs to undertake detailed scrutiny of legislative
issues. Reforms would inter-alia
alia include mandatory examination of all Bills, creating research teams, and
improving the transparency of input/evidence/submissions to the DRSCs.

5. How can these be

Enumerate the issues associated with functioning of tribunals in India. H
addressed?
Approach:
 Give a brief introduction about Tribunals.
 Enumerate issues associated with functioning of tribunals.
 Mention solutions to address the issues.
Answer:
Tribunals were originally set up to provide specialized and speedy delivery of justice to reduce the burden
of caseloads on regular courts. However, the functioning of tribunals has been sub sub-optimal due to the
following reasons:
 Lack judicial independence:
independence: appointments to tribunals by executive is non-transparent.
non Their
functionaries are regulated by executive thus undermining judicial independence.
funds and functionaries
Many tribunals often act as extended office of concerned departments manned by officials
rather than judicial members.
 Access to justice: as tribunal benches are located at few locations, it possess inherent
difficulty for many litigants.
 Infrastructure: inadequate workforce and infrastructure; lack of information available on the
functioning of tribunals due to unresponsive websites.
 No uniform recruitment, conditions for service, retirement age: this puts tribunals at the
mercy of the parent ministries.
 Congestion in higher judiciary due to litigations against the decisions of these tribunals.
 Judicial overreach by tribunals: for example Armed Forces Tribunal granted non-functional
upgrade to armed forces which is objected because it does not have the power to pass such an
order. Directives by NGT in the domain of policy making is another example.
 Over-tribunalisation: existence of numerous tribunals with varied and overlapping
jurisdictions.
 Sidestepping high courts: as in some cases, an appeal against the order of an appellate
tribunal can directly be filed in the Supreme Court.
The above-mentioned issues could be addressed through:
 The tribunals which replace the jurisdiction of the Courts should enjoy the same constitutional
protections as higher courts.

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  Need for a new “tribunals service” to address the questions of membership and staffing of tribunals.
 The location of benches of certain tribunals must be driven by empirical studies.
 The extent of tribunalization that is permissible under our Constitution should adhere to SC ruling in
Madras Bar Association v. Union of India.
 Ensuring Administrative and institutional autonomy to tribunals
Law Commission has also provided a blueprint regarding appointment, qualification, selection and tenure
of members as well as location of tribunals which should be implemented at the earliest.

6. Examine the significance of Gram Sabhas, as mentioned in Article 243A of the Indian constitution,
in the development process with special reference to Fifth Schedule areas.
Approach:
 Briefly describe Gram Sabhas and discuss their significance in developmental process.
 Discuss significance of the Gram Sabhas for Fifth Schedule areas.
Answer:
Article 243 of the Indian Constitution defines the Gram Sabha (GS) as a body of persons registered in
the electoral rolls relating to a village, within the area of the Panchayat at village level. As per Article
243A Gram Sabha may exercise such powers and perform such functions at the village level as the
Legislature of a State may, by law, provide. The Gram Sabha is the cornerstone of the entire scheme of
following:
democratic decentralization in India. Its significance in the developmental process lies in the followin
 Every adult of the village directly becomes a stakeholder in development process.
 Discussing the report on socio-economic
economic development programmes implemented by the Gram
Panchayat (GP).
 Examining the annual statement of the accounts and audit report and the annual report of
administration of the Gram Panchayat.
 Identification of beneficiaries of various anti-poverty
anti poverty and rural development programmes.
 Mobilisation of voluntary labour and conducting community welfare programmes.
 Activities associated withh development programmes like land acquisition or changes in forest rights
need consent of Gram Sabha.
In reference to the Fifth Schedule Areas the Gram Sabha has been vested with wide ranging
powers under Panchayats (Extension to Scheduled Areas) Act, 1996
1 to safeguard and preserve:
 Traditions and customs of the people and their cultural identity
 Community resources
 Customary mode of dispute resolution
These powers include:
 Ownership of minor forest produces.
 Mandatory consultation during Land Acquisition.
 Management of minor water bodies and control over mineral leases for minor minerals.
 Prevent alienation of Schedule Tribes and also work to restore unlawfully alienated lands.
 Controlling the business of money lending to Schedule Tribes.
 Issue a certificate of utilisation of funds by the Panchayat for the plans; programmes and
projects,
Gram Sabhas have been very crucial in Schedule V areas in creating awareness about traditional and
cultural rights of tribals and in prevention of illegal mining, deforestation and encroachments. This has
been demonstrated by cases like rejection of the Vedanta Mining Project in the interest of the Niyamgiri
Tribe.
However, states have been circumventing the authority of Gram Sabhas by diluting the provisions of Fifth
Schedule and PESA through laws and regulations to promote ease of doing business and attracting
investments. This does not augur well for grassroot democracy and inclusive development and states must
be more sensitive to concerns of local folks and work towards empowering Gram Sabhas.

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7. The Rajya Sabha is merely a secondary house rather than a second house in the Indian
Parliamentary system. Critically analyze the statement. Also, compare and contrast the position of
the Rajya Sabha vis-à-vis the State legislative councils.
Approach:
 State the reasons why the Rajya Sabha has been deemed as a secondary house in the Indian
Parliamentary system.
 List the importance of the Rajya Sabha.
 Compare and contrast the position of the Rajya Sabha and the State Legislative Councils.
Answer:
The Indian Constitution provides for a bicameral legislature comprising of the Rajya Sabha (RS),
representing Indian states with indirectly elected members and the Lok Sabha (LS) representing Indian
people with directly elected members.
The RS has been deemed as a secondary house because:
 It is considered to be a delaying house, which prolongs the bill passing procedure.
 It has an unequal status vis-a-vis LS regarding introduction of money and financial bills and it cannot
pass a no-confidence motion.
 It is criticized for being a haven for crony capitalists, party fundraisers, etc. who are more interested in
their party agenda than their representative states. Further, domicile requirement has been removed
post the verdict in Kuldip Nayyar case (2006).
 RS elections are notorious for alleged poaching by political parties.
 In joint sittings, the will of LS supersedes the apprehensions of RS due to the former‟s numerical
strength.
However, there are a number of areas in which it enjoys
enjoys equal powers to that of LS amd some in which it
enjoys greater powers than LS, making it an important Parliamentary institution.
 It maintains the federal equilibrium as it protects the interests of the states.
 Bills passed hastily in Lok Sabha are intensely
intensely scrutinized in the RS.
 It provides for representation of eminent society members via nomination who otherwise may not
participate in elections.
 approval
It has equal powers with the LS regarding ordinary bills, constitutional amendment bills and approva
of ordinances.
 It has two exclusive powers - to authorize the Parliament to make law on a State list subject (Article
249) and to authorize the Parliament to create new All-India
All services (Article 312).

vis-à-vis
Position of the RS vis-à
vis à-vis
vis State Legislative Councils
Co (SLCs):
 RS and SLCs are upper houses in the Parliament and State Legislatures respectively. However, RS is a
permanent entity while SLCs are optional entities that can be abolished.
 The RS consists of state representatives and maintains federal equilibrium. The issue of federal
significance does not arise in the case of the SLCs.
 SLCs act as dilatory chambers as they can only delay an ordinary bill for maximum four months. The
RS has equal power with the LS regarding ordinary bills. Both RS and SLC can delay money bill by
14 days.
 The RS enjoys special power under Articles 299 and 312 that is not available to the SLCs.

8. A major shift is needed in the institutional framework of the Central Water Commission (CWC)
and the Central Ground Water Board (CGWB) to make water management more holistic and
multidisciplinary. Discuss in the context of Mihir Shah Commitee recommendations. (10)
Approach:
 Discuss the issues with present institutional framework.
 Mention Mihir Shah Committee‟s recommendations.
 Discuss how it will create a shift in institutional framework and overcome limitations of these bodies
and make water management more holistic and multidisciplinary.

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Answer:
At present, water is being managed under two separate heads - surface water and groundwater. However,
two disciplines are not separate but interconnected. Surface water faces challenges like pollution and
unsustainable usage. Also, groundwater levels are falling rapidly and its quality is deteriorating due to
poor aquifer management. Therefore, a major shift is needed in the institutional framework to make water
management more holistic and multidisciplinary so that water is productively used for irrigation and other
purposes.

Mihir Shah Committee recommended that CWC and CGWB should be restructured and unified to
form a new National Water Commission (NWC) since a unified body will help in collective
management of ground and surface water. NWC will be responsible for water policy, data and
governance in country. It should be an adjunct office of Ministry of Water Resources and function with
full autonomy.

Key functions of proposed NWC: (i) incentivise state governments to implement irrigation projects in
reform mode (ii) lead national aquifer mapping and ground water management program (iii) develop a
location-specific program for rejuvenation of rivers.

Eight Divisions of NWC proposed: Irrigation Reform, River Rejuvenation, Aquifer Mapping and
Participatory Ground Water Management, Water Security, Urban and Industrial Water, Water Quali
Quality,
Water Data Management and Transparency and Knowledge Management and Capacity Building.

These eight divisions would create the necessary institutional framework required for efficient water
management. It will help devise cost-effective
effective and appropriate
appropriate technology to recycle and reuse urban and
industrial waste water. It will create and maintain a transparent and accessible system of data management
on water for public use. The framework would lead to participatory water management.

Advantages of the new institutional framework:

 Holistic and multidisciplinary. Synergy between surface and groundwater efforts.
 Better coordination of agencies.
 Shifts focus from construction to management and maintenance.
 A high-level
level central organisation that is forward trans-disciplinary in its
forwar looking, strategic, agile and trans
skill set will overcome maladministration by CWC and CGWB.
 Focuses on new challenges like water quality, industrial pollution, data management etc.
 Basin level management and location specific strategy
stra involving states will minimize conflicts
between states and promote cooperative federalism.
However, the new framework faces certain challenges such as:
 Centralised body.
 Susceptible to bureaucratic inefficiencies of large organisations.
 Participation of states not obligatory.
If the current pattern of water usage continues, about half of the demand for water will be unmet by 2030.
Thus, the recommendations for institutional overhaul are welcome given the unprecedented challenges of
water management in the 21st century.

9. On what grounds can a person be denied the right to contest elections to the Parliament in India?
Will a life-time ban on those convicted of heinous crimes address the problem of criminalisation of
politics? Discuss.
Approach:
 List out various disqualifications for contesting elections in Constitution and the Representation of
People‟s Act , 1951 (RPA).
 Discuss the recent issue on life time ban.
 Discuss the pros and cons of a life time ban.

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Answer:
Article 102 & 191 of the Indian Constitution provide criteria for contesting elections and allow
Parliament to frame additional grounds for the same. The Representation of People‟s Act, 1951 Sections 8,
8A and other provisions provide disqualification on the grounds of conviction of specified offences,
involvement in corrupt practices, contravention of certain laws, etc. The maximum term of
disqualification is 6 years in addition to the term of imprisonment.
Specifically, grounds for disqualification to contest election include:
 Constitutional (Art 102, 191): Holding office of profit, persons of unsound mind (declared by a
competent court), undischarged insolvent, non-citizens of India, disqualifications under any law made
by Parliament
 Statutory (Section 8, 8A, 9, 9A, 10, 10A of RPA 1951):
o Certain offences mentioned in IPC, 1860 such as promoting enmity between different social
groups, bribery, rape, cruelty towards a woman by husband/relative
o Preaching and practicing untouchability (Protection of Civil Rights Act, 1955)
o Offences under other acts such as Narcotics Act, FERA, Unlawful Activities (Prevention) Act,
Terrorists and Disruptive Activities (Prevention) Act, etc.
According to the Association for Democratic Reforms (ADR), 34 per cent of MPs in the 16th Lok Sabha
face criminal charges.
arges. The percentage in 2009 and 2004 stood at 30 and 24 respectively.
Thus, criminalization of politics is a major concern. With rampant corrupt practices and lowering of moral
standards of politicians, the Election Commission also supports a lifetime ban
ban on legislators convicted for
heinous crimes.
Life time ban can be a solution as:
 It would deter politicians from engaging in criminal activities.
 People with clean record only would participate in elections.
However, life-time
-time
time ban may not be successful due
due to:
 Lack of political will and the Centre‟s opposition to it.
 Modern democracies are built on principles of maximum participation of citizens, and even convicts
cannot be denied such basic rights.
 Indian judicial system is plagued by delay and corrupt practices,
p hence such ban may operate as undue
harshness on innocent people.
citizens‟ duty to be vigilant and elect people with high moral standards and clean records to
Hence, it is citizens‟
address problem of criminalisation of politics. Similarly political parties
parti should field clean candidates in
elections to address problem of criminalization of politics.

10. Directive Principles can be considered as even more important than the Fundamental Rights
because they provide a positive thrust towards welfare. Discuss.
Approach:
 In introduction, briefly write about the significance of Directive Principles and Fundamental Rights in
Indian Constitution.
 List the arguments and evidences supporting the importance of directive principles.
 Also, enumerate the points to highlight the role of Fundamental Rights in democracy.
 In conclusion, emphasise on balance between both the Directive Principles and Fundamental Rights.
Answer:
In the words of Granville Austin, „Directive Principles (DPs) and Fundamental Rights (FRs) are the
conscience of the Indian Constitution.‟ While FRs ensure minimum basic rights to ensure a dignified life
to citizens, DPs are considered fundamental in the governance of the country as it seeks to establish
economic and social democracy.
In the Kesavananda Bharati Case, 1973 the Supreme Court highlighted the importance of Directive
Principles as:

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  They contain the basic philosophy of the Constitution which needs to be reflected in the government
policies and laws made by the Parliament.
 Unlike Fundamental Rights, these principles do not put any limitations on the powers of the state.
 It covers almost every section of society. For example – children, women, old age, disabled,
scheduled caste and scheduled tribes, and therefore helps in the establishment of a welfare state.
 It also provides a list of areas of governance to be considered. For example - free legal aid, workers
participation, and equal pay for equal work, environment protection and uniform civil code.
However, the role of the fundamental rights is also crucial as they:
 Are essential for holistic development of individuals.
 Protect the liberties and freedoms of the people from being encroached upon by the state or other
individuals.
 Act as limitations on the executive and the legislature.
 Prevent the government from becoming autocratic or despotic.
 Help in the establishment of the rule of law.
However, the Supreme Court in Minerva Mills case, 1980 held that absolute primacy to one over other
disturbs the harmony of the Indian Constitution. Hence, a balance between the two is necessary to achieve
the objectives of Justice, Liberty, Equality and Fraternity as enshrined in the preamble.

11. In light of demands for replacement of the FPTP (First Past the Post) system with other
alternatives, compare thee merits and enumerate the challenges associated with
wit replacing the current
system.
Approach:
 In introduction discuss the reasons for the demands of replacing the FPTP system.
 Then discuss the merits of FPTP and PR system.
 Write down the reasons FPTP was adopted in India along with the challenges to replace it.
 Conclude your answer. Ideally a middle ground i.e. hybrid format or status quo i.e. FPTP system
should be supported.
supported
Answer:

FPTP is simply a system where a candidate who secures maximum votes in a constituency is declared
victorious. Recently, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and
Justice, sought response from various stakeholders on the electoral system. Demands for changing the
FPTP system are also voiced
voiced in view of the fact that in 2014 national elections the party securing the third
largest vote share could not win any seats.
FPTP system was adopted due to:
 Simplicity and Stability: FPTP system presents the advantage of producing a majority government at
a general election by being decisive, simple and familiar to the electorate.
 Participation and Representativeness: FPTP system encourages political parties to have more
broad-based participation.
 Accountability: It allows voters to choose between people rather than just between parties. Voters can
assess the performance of individual candidates rather than just having to accept a list of candidates
presented by a party.
Criticisms of FPTP system:
 It allows a disproportionate relation between the votes a party gets and the seats it garners. For
example, the ruling party at centre enjoys absolute majority despite getting one-third votes.
 In most cases, the winning candidates do not represent real majority in the constituency. As a result,
the legislature is not real representative.
 It gives rise to electoral malpractices, like communal politics, criminalisation of politics, invoking
caste and religion in election.
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  Parliament and assemblies are not representative of social groups.
 In certain cases, marginalized social groups may not be able to find representation because of their
because of their insufficient numbers.
In view of these shortcomings, the discussion is going on to reform the electoral process of voting and
Proportional Representation (PR) or a hybrid system are suggested as the alternatives.
Merits of PR systems:
 It more correctly matches the votes cast and seats won.
 Encourages or requires the formation of political parties.
 It gives due representation to all sections of the society, thereby better suited for pluralistic one. Many
in the Indian context argue that it would increase women‟s representation in the Parliament.
 It encourages the parties to go beyond the constituency, thereby restricts the growth of „regional
fiefdoms‟.
Merits of Hybrid system
The Hybrid system in the Indian Context has been recommended in Law Commission‟s 170th and 255th
reports.
 In this system, some seats are elected based on FPTP system and the remaining on the basis of the
votes secured by the parties in that election.
 Other countries have successfully adopted mixed system in various forms such as Japan and South
Korea have adopted parallel voting while Germany and New Zealand have adopted mixed member
proportional representation.
 Hybrid system tries to create a balance between stability of the government and representation of all
social groups.
However, our constitutional makers adopted FPTP over others systems due to following reasons:
 Difficulty for the voters to understand the system which is complicated due to low literacy scale in the
country.
 Unsuitability to the parliamentary government due to the tendency of the system to multiply political
parties leading to instability in government.
 by-polls
It is difficult to organise the by-
by -polls in case of PR system.
 Problemss of logistics and financial resources in organising elections based on PR on such large scale,
in terms of population and geography.
 It increases the significance of party system and decreases that of voter.
With the flaws in FPTP increasingly coming to the fore, the time to look at alternative models has come.
Now that the parliamentary committee has set in motion this serious debate, one hopes that the electoral
system itself would be taken up as a key reform.
As a solution, a hybrid system along with the line of other successful democracies can be adopted.

12. Despite long term recognition of the problem of pendency of cases in the courts, limited progress
has been made in reducing their number. What are the possible reasons for such a scenario? Suggest
a framework of measures that can be taken to address this issue.
Approach:
 Introduce by giving a brief description of the statement, „justice delayed is justice denied.‟
 Mention the reasons for long judicial pendency in disposing cases across India.
 Provide factual information to back the same.
 Suggest measures to reduce judicial backlog.
Answer:
More than 22 million cases are currently pending in India‟s district courts. Six million of those have lasted
longer than five years. Another 4.5 million are waiting to be heard in the high courts and more than 60,000

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 in the Supreme Court, according to government data. These figures are increasing according to the
decennial reports.
The following causes have been identified for pendency of cases - litigation explosion; inadequacy of the
staff attached to the high courts; inordinate concentration of work in the hands of a few members of the
Bar; lack of punctuality among judges; inadequate supply of the copies of judgments and orders, and so
on.
Despite recognition of these causes, limited progress has been made in reducing pendency of cases due to
the following:
 The number of judges in the country is inadequate to cope with the staggering pendency of cases in
different courts. The rise in the number of cases has not been matched by an increase in the number of
judges. There are 10-12 judges per million people in India. In developed countries, there are 50 judges
per million people.
 However, increasing the number of judges is not the only answer. Some urgent institutional changes
are called for. The critical test is not the judge-population ratio but the judge-docket ratio. Docket
refers to the list of cases to be tried and is an accurate indication of the work load of a judge. In India,
the docket ratio per judge is 987 whereas it is 3,235 per judge in the United States of America. The
answer perhaps lies in effective court management, which has not been seriously attempted at by the
Indian judiciary. For example, computers have not been used adequately to improve court
management.
 Even though Section 301 of the Code of Criminal Procedure provides for the holding of trial
proceedings expeditiously, it is an open secret that there is enormous delay in the disposal of cases
because of frequent adjournments.
 The glut of cases in the lower courts is where the root of the problem lies. A number of courts still do
not have data under the “Date filed” column, the most crucial piece for identifying delays.
 The proportion of cases that are stuck pending police investigations
investigations has little bearing in the ability of
the courts to speedily finish trials. For instance, in Gujarat, where 92 out of every 100 cases are
pending before the court, only 11.5% are waiting for police investigations to be completed. On the
other hand,, in Assam where 80 out of 100 cases are waiting to be picked up the court, about 59% of
cases are awaiting police investigations.
 Inadequate strength of the police force has also played its part in the pile up of cases before the courts.
Measures needed to
to reduce judicial backlog:
 Annual targets and action plans must be fixed for the judicial officers to dispose of old cases where
accused is in custody for over two years.
 officers‟ performance to curb malpractices like hasty ddisposal which
Quarterly review of judicial officers‟
undermined the quality of justice dispensed, must be made.
 Expeditiously filling vacant posts, improving Court infrastructure and setting standards of judicial
recruitment examinations are other measures to improve the quality of district judges.
 Further perceptions of irregularities in judge selection deserve consideration; in this context the National
District Judge Recruitment Examination mooted by the Supreme Court must be given a serious thought.
 Incremental measures like restricting adjournments, curbing summer vacations, and audio-visual
recording of court proceedings along with real-time data monitoring of case status will produce a
transformative effect.
 Case Flow Management (CFM) rules can be incorporated by looking into the recommendations
of committees formed by the Supreme Court such as the Justice M.Jagganatha Rao committee.
 Encouraging Alternate Dispute Redressal Mechanisms such as Arbitration, Mediation,
Conciliation and Lok Adalats along with fast track courts.
 Separation of traffic cases from ordinary courts.

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  Improve the quality of subordinate judges, at the level of recruitment as well as on the job
training.
 Implement the concept of evening courts where the services of the retired judges may be taken
along with the law graduates. It would be beneficial in two ways: help training the young
incumbents and reducing the pendency.
To conclude, other states should follow the footsteps of Haryana, Chandigarh, Punjab, Himachal Pradesh
and Kerala where cases pending over 10 years have been reduced to 1% of the total pendency. In addition
the recommendations of the 245th Law Commission Report on “Arrears and Backlogs: Creating
Additional Judicial Womanpower must be implemented.

13. Despite the phrase 'due process of law' not being included in Article 21, the Supreme Court, over
the years, has adopted the doctrines of 'procedural due process' and 'substantive due process' into
Indian constitutional law. Comment.
Approach:
 Giving a brief account of Article 21, bring out the difference between the procedure
established by law and due process of law.
 Then give reasons due to which due process was not incorporated into the Indian
Constitution.
 Bring out various judgements to establish the facts that India judiciary over the time has
established
lished its conformity towards the principle of due process over procedure established by
law.
Answer:
Article 21, of Indian Constitution provides that “No person shall be deprived of his life or
establishe by law”. Procedure established by
personal liberty except according to the procedure established
law, a positive law concept means that a law that is duly enacted by the legislature is valid if
correct procedure has been followed.
As incorporated in the US Constitution, due process checks if a law is fair, jus
just and not
arbitrary, thus ensuring a fair treatment.
Substantive due process prohibits the government from infringing on fundamental constitutional
liberties. By contrast, procedural due process refers to the procedural limitations placed on the
manner in n which a law is administered, applied, or enforced. Thus, procedural due process
prohibits the government from arbitrarily depriving individuals of legally protected interests
without first giving them notice and the opportunity to be heard.
The Indian Constitution by incorporating „procedure established by law‟ adopts a healthy
synthesis of Parliamentary Sovereignty and Judicial Supremacy. However despite the textual
choices of the framers of Indian Constitution, t “due process” found a back door entry into
Indian Constitutional interpretation in late 1970s through the right to equality.
Until the decision in Maneka Gandhi case, the view which prevailed in the Supreme Court was
that there was no guarantee in the Constitution against arbitrary legislation encroaching upon
personal liberty. This case overturned the majority in A.K. Gopalan vs State of Madras where
the majority decision adopted a narrow interpretation of „procedure established by law.‟ .
Contrastingly the Maneka Gandhi Case took the view that:
 A law coming under Art. 21 must also satisfy the requirements of Art 19.
 Once the test of reasonableness is imported to determine the validity of law depriving a
person of his liberty, it follows that such laws shall be invalid if it violates the principles of
natural justice.
Over a course of judgments, the Courts indicated that “due process” has firmly become a part of
the Indian Constitutional law recently reflected in Judgements such as Selvi vs State of
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 Karnataka, where constitutionality of investigative narco-analysis was challenged , held it to be
permissible only with the consent of the „subject‟. .
Under a wide construction of Article 21, Judiciary‟s view on issues such as Khap Panchayat, Custodial
death, Right to die, Right to education etc. gave supremacy to „due process‟ over „procedure established
by law.

14. Can we say that cooperative federalism in India has strengthened in the post-liberalisation era?
Give reasons in support of your answer.
Approach
 Give a brief introduction about federalism and cooperative federalism.
 Then highlight the factors that have led to strengthening of cooperative federalism in the post-
liberalisation era.
 Give a brief conclusion regarding need of cooperation in the wake of liberalisation.
Answer
Federalism implies division of administrative, financial and legislative powers between union and states
while cooperative federalism implies that they share a horizontal relationship where they cooperate with
each other in larger public interest.
ur polity started on a cooperative model after independence but successive governments with strong
Our
prime ministers at the center and regional political parties in some state led to confrontational type of
post-liberalisation
relationship. However, post-1990 or post-liberalisa
liberalisation
tion era, various factors led to strengthening of
cooperative federalism.

 End of single party rule at Centre has diluted the Prime-ministerial

Prime ministerial form of government. Thus, union
governments are not as powerful as they were earlier.
 Emergence of coalition government
government at Centre has made it difficult to misuse constitutional
provisions such as 356 etc. for selfish political reasons.
 Dependence of Union government on support of regional political parties has helped regional
leaders to think from all India perspective
perspective and union to think from point of view of regional parties.
Thus, less confrontation and more cooperation.
 Presidential activism - since 1990 onwards successive presidents have become proactive in ensuring
constitutionalism and unafraid of using discretionary
discre power in case council of minister misuses
constitutional provisions for selfish political reasons
 ex S R Bommai case) has ensured that union government don‟t
Judicial activism - since 1990 (for ex-
misuse constitutional provisions. This has provided a sense of security to state governments.
 Implementation of 73th and 74th constitutional amendment – has also focused on union, state and
local relations unlike union-state relation only earlier. Earlier states were demanding more powers
from union without doing same for local government but now states are more accommodative to the
complex dynamics of union-state relations
 Active media - with explosion of electronic media after liberalization and spread of social media in
recent times, it has become very difficult for any government to adopt anti- democratic measures like
dismissing State governments.
 Changed political culture – People, with increasing awareness about their rights, are unwilling to
accept governments which adopt confrontational approach towards centre for political reasons forcing
states to behave in a more responsible manner.
In fact, recent government initiatives affirm the move toward cooperative federalism.
o Replacement of planning commission with Niti Ayog symbolizes strengthening of cooperation
between centre and states.
o Implementation of GST is significant movement towards cooperative federalism in taxation. GST
council provides the institutional framework in this context
 The recommendations of Fourteenth Finance Commission and its implications also augur well for
Cooperative Federalism by providing more fiscal space and agency to the states.
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  The restructuring of Centrally Sponsored Schemes (CSS) is also a move in consonance with the
broader developments in this context.

Both union and states have been forced to come together to make economic reforms and social schemes
successful. Further, the forces of liberalization along with Information technology revolution and
knowledge revolution are making the diverse and pluricultural society of India even more complex and
interdependent.

In fact, we are moving towards competitive federalism where states not only cooperate with centre but
also compete with each other for investments and budgetary support based on their performance. Thus, the
success of reforms depends on political stability, policy certainty as well as adaptive approach of the
governments. It also needs uniform policies between different tiers of governance. This makes the concept
of cooperation not optional but necessary.

15. Faulty regulatory policies can have a severe adverse effect on the efficient interplay of market
forces and end up harming public interest. Examine in the context of systemic issues pertaining to
regulatory environment in India.
Approach:
 Give a brief
ef introduction about the regulatory framework in India.
 Give systemic issues in regulatory environment in India.
 Then give some examples when faulty regulatory policies had a severe adverse effect on market
forces and thus public interest.
 End with a shor
short conclusion.
Answer:
Regulatory functions are one of the important functions of government. With liberalization, globalization
and rolling back of the state, it becomes even more important to have adequate regulation to ensure larger
public interest.
Thus,
us, regulatory framework is put in place with an objective of increasing the efficiency of the process,
procedures and overall sector or market. However, at times, regulations inadvertently lead to restriction of
competition (for e.g. railways and coal India) ex-corrupt practices).
India) as well as inefficiency in markets (for ex
In Indian regulatory environment, there are some systemic issues as discussed in following points:
 Absence of a common regulatory philosophy – have made it easier for the political constraiconstraints and
ministerial preferences to dominate the evolution of regulatory institutions as well as reform agenda
 Lack of autonomy to regulatory authorities – It is an uphill task to ensure preservation of
independence as well as maintaining accountability of regulatory bodies.
 Overlapping functions – due to lack of clarity in statutory laws itself leads to turf wars between
different agencies such as SEBI, TRAI and Competition Commission of India etc.
 Problem of overregulation – For example – number of procedures to start a business is 12 in India
while the number is 5 for OECD countries. Large number of regulation and poor capacity building
leads to slack enforcement.
 Absence of regulatory impact assessment – There is lack of independent 3rd party evaluation of
effectiveness of regulatory policies.
 Outdated regulations that continue to remain on the statute book
Other Issues: Investment conditionality; FDI limits; restrictions on acquisitions; pricing control; labour
laws etc.These issues in regulatory environment as well as faults in regulatory policies ends up having a
severe adverse effect on interplay of market forces and harming public interest. This can be seen from the
following examples:
 Satyam scam – This scam was a jolt to the market as well as all the stockholders which highlighted
the need for better regulation among corporates.

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  Urban Land Ceilings and Regulations Act 1976 – created with an objective of freeing up land for
housing project had to be repealed because it was found that exemptions on ground of public interest
were used by target owners to prevent selling off their lands to government.
 Loss to public exchequer – For example, lack of effective regulatory policies for PPP led to fixing
of user charges in a non-transparent manner as pointed out by CAG reports.
 Lack of sound public procurement system – leads to high leakages in the PDS system and
procurement of substandard medicines etc. which harms the public interest.
However, attaining „optimum regulation‟ is a challenging task, as a balance has to be achieved between
individual‟s freedom and society‟s interest. Thus, some pro-market competition reforms should be
undertaken which includes least restrictive regulations; opening up traditional public monopoly sectors;
separating policy making, regulation and operations; competition neutrality between government-owned
and privately-owned enterprises and dismantling restrictions on inter-state competition.

16. Mention the constitutional provisions to safeguard and ensure the independent and impartial
functioning of the UPSC. Further, assess the limitations of UPSC in effectively performing its role as
the 'watchdog of merit system' in India as envisioned by the Constitution.
Approach:
 Very briefly introduce the objectives of creating UPSC.
 Then
n mention the constitutional provisions to ensure its independence and impartial functioning as a
watchdog of the merit system.
 Discuss the limitations of UPSC in performing its role.
 Conclude appropriately.
Answer:
UPSC was created as the central recruitingng agency with constitutional status to safeguard its independent
and impartial functioning as the „watchdog of merit system‟
system‟ in India. It also renders advice on service
matters and is consulted by the government in deciding disciplinary matters.
Therefore,, it is necessary to ensure its impartial and independent functioning to ensure meritocracy in
services.
Constitutional provisions for independent and impartial functioning of UPSC:
 Security of Tenure: President, only on the
Tenure: Its members and Chairman can be removed only by the Pr
specified grounds and only through specified procedure.
 conditions: It is fixed by the President and can‟t be varied to their disadvantage after
Service conditions:
appointment.
 Charged Expenditure: Salary, pension, allowances etc. of the members and chairman are charged on
the Consolidated Fund, therefore not subject to the annual voting.
 Check on appointments: Chairman is not eligible for further employment in GoI or a state; A
member of UPSC is eligible for appointment as the chairman of UPSC or a State Public Service
Commission (SPSC), but not for any other employment in the GoI or a state. Chairman and members
are ineligible for a second term.
 Annual Report on Performance to President who places it before both houses of Parliament along
with a memorandum explaining the cases where the advice of the Commission was not accepted. All
cases of non-acceptance are approved by the Appointments committee of the Union cabinet. An
individual ministry or department has no power to reject the advice of the UPSC.
 The President, in respect to All-India-Services and Central Services and posts may make regulations
specifying the matters in which, it shall not be necessary for UPSC to be consulted. All such
regulations shall be laid before each house of Parliament which can amend or repeal them.
Limitations:
 UPSC is merely an advisory body whose recommendations are not binding on the government. It has
no say in appointment of members and chairman of tribunals and commissions.
 It is not consulted while appointing personnel to the post of highest diplomat and temporary jobs.
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  The President can exclude posts, services, and matters from the purview of the UPSC.The role of
UPSC in disciplinary matters has been affected by the emergence of CVC because the government
has come to consult the anti-corruption watchdog, as specialized agency.
 It is not consulted while making provisions for any kind of reservation.
UPSC is a constitutional body and its advice should be given primacy when other agencies, like CVC, are
also giving their advice. The government shall submit Action Taken Report before the Parliament in a
timebound manner stating the reasons for not accepting its recommendations.
Realizing ideals of good governance depends on the effectiveness of the civil services which in turn
depends on the effective functioning of the recruiting agency. Hence, there shouldn‟t be any compromise
in the independent functioning of the UPSC.

17. What are the key issues in the context of electoral funding in India? How far do you think the idea
of state funding of elections can address these issues?
Approach:
 Mention the important issues regarding funding of elections in India.
 Briefly explain what you understand by state funding of elections.
 Critically analyze if state funding of elections can address the issues.
 State way forward.
Answer:
Electoral funding implies financing the electoral process of political parties and candidates. Just like any
other activity it requires financial resources. But in India, it is marred by the following
fol issues:
 Political parties receive majority of their funds through anonymous donations (approximately 70%)
through cash.
 Despite provisions under section 29 of RPA, 1951, parties do not submit their annual audit reports to
the Election Commission.
 Parties are exempted from income tax, which provides a channel for black money hoarders.
 Political-corporate
corporate nexus remains intact despite creation of electoral trusts as corporate houses mainly
fund them. Further, amendments to FCRA allow foreign funding in elections, which can lead to
eventual interference in governance
 CIC in 2013 stated that political parties come under the ambit of RTI Act. However, parties have
defied it.
 Due to increasing role of money power in politics, The EC sought insertion of a new section, 58B, to
RPA, 1951 to enable it to take action if parties bribe voters of a constituency, which has not come to
light.

State funding of elections, wherein the government gives funds to parties or candidates for contesting
elections, has been deemed as one of the ways of curbing the influence of money power. In India, current
state funding measures include security, office space, exemption from income tax etc. given to national
parties.

Arguments for state funding of elections:

 Committees like Indrajit Gupta Committee on State Funding of Elections (1998), Law Commission
Report on Reform of the Electoral Laws (1999), 2nd ARC(2005) have recommended partial state
funding of elections.
 It will check quid-pro-quo and can help curb corruption thereby reducing politician-corporate nexus
and criminalisation of politics.
 It will provide a level playing field for those candidates who are not backed by major parties or
powerful individuals.
Arguments against state funding of elections:
 As per National Commission to Review the Working of the Constitution (2001), a stringent regulatory
framework needs to be established before initiating state funding.
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  The Election Commission does not support state funding of elections, instead, it seeks radical reforms
regarding spending by political parties.
 The government is already grappling with budget deficits, thus, state funding places unnecessary
burden on the public exchequer. Further, the allocated amount can be spent on welfare activities
instead.
 It might encourage non-serious individuals to enter the political domain merely to avail funds.
 There is a high possibility that state funding will be used as a supplement and not as a substitute of
candidate‟s own expenditure.
Way forward:
Steps in this direction should be taken only after assessing the economic impacts of state funding. It also
should not constrain government‟s welfare activities. Further, it needs to be accompanied by strict
accounting and transparency. Self regulation by political parties, longer campaign period in elections as
well as strict implementation of existing rules can a go a long way in addressing the concerns pertaining to
electoral funding win the country.

18. Separation of powers in case of India has acquired its own uniqueness under the constitutional
arrangement. Explain.
Approach:
 Briefly explain the concept of separation of powers.
 Mention the Constitutional provisions that reflect separation of powers.
 Explain if complete separation is practiced in the Indian context.
 State judicial
ial pronouncements regarding separation of powers.
Answer:
Generally, there are two commonly followed models of separation of powers between organs of state. One
follows Montesquieu‟s dictum providing for rigid separation of powers. Other is Westminster mo model
providing for looser separation and is based on the principle of the supremacy of Parliament.

Indian constitution, however, has provided for a unique separation of power. Thus, it provides for a third
model of separation of power.

In India, separation
on of powers has been laid in the Constitution under the following provisions:
 Article 50, which states that the state shall take steps to separate judiciary from the executive, to
ensure independence of the judiciary.
 As per Articles 122 and 212, validity of proceedings of the Parliament and State Legislatures
respectively cannot be called into question in any court, thus, ensuring immunity of the members from
judicial intervention.
 According to Articles 121 and 211, judicial conduct of the judges of the Supreme Court and High
Courts respectively cannot be discussed in the Parliament and State Legislatures.
 As per Article 361, the President or Governors are not answerable to any court for the exercise and
performance of their official duties.

Here, the constitution recognizes three organs of state but it does not expressly vest the different kinds of
power in different organs. There is functional overlap in India which is reflected through the following:
 Under the Indian Parliamentary system, members of political Executive are part of the Legislature
too.
 The Legislature exercises judicial powers in case of breach of its privilege, impeachment of the
President and removal of judges.
 The Executive exercises Legislature‟s law-making power under delegated legislation and also while
passing ordinances.
 Tribunals and other quasi-judicial bodies that are a part of the Executive discharge judicial functions
and mostly have a member of the judiciary.

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  The power of deciding the number of judges as well as appointing them is given to the president.
 Under the power of judicial review, judiciary can give directions to executive in constitutional and
statutory measures

Thus, a system of checks and balances is also prevalent to prevent arbitrary use of power by one organ.
Further, the Supreme Court has reiterated the importance of separation of powers in several judicial
pronouncements. In the Kesavananda Bharati case (1973), it stated that the doctrine of separation of
powers is an integral part of the basic features of our Constitution. The Supreme Court also rejected the
National Judicial Appointments Commission Bill(2014) terming it unconstitutional and deemed it a threat
to the independence of judiciary.

Thus, in India, system of separation of powers has acquired its own uniqueness with sufficient checks and
balances to ensure that no organ of the government exercises arbitrary power.

19. Highlight the extent of President's powers under Article 352. Comment on the judicial scrutiny of
proclamation and the exercise of executive powers under National Emergency. How is this power
different from the one bestowed under Article 356?
Approach:
 Stating the mandate of Article 352, highlight the President‟s power under 352.
 State the role of judicial scrutiny and exercise of executive powers when National Emergency comes in
operation.
 Mention the differences in the nature of powers between Article 352 and 356 on various parameters.
Answer:
Constitution can be
Part XVIII of the Constitution outlines the procedure in which the normal Federal Co
adapted to abnormal situations effectively and confers extraordinary powers upon the Union. These
Emergency provisions help in guarding the democracy against the forces of disintegration, thus
safeguarding the sovereignty, integrity and security
security of the country.

Extent of President's powers under Article 352

President can declare a national emergency if he/she is satisfied that a grave emergency exists whereby
the security of India or a part of it is threatened by war or external aggression
aggressi or armed rebellion. When
doing so, President has following powers:
 President can issue directions to the states as to the manner in which the executive power of the states
is to be exercised.
 In the event of military conflict, the President is also authorised
auth to suspend Article 19. He can also
restrict the enforcement of all fundamental rights except for article 20 and 21
However, the President cannot act unilaterally. Such a proclamation can be declared only on the written
advice of the Cabinet subject to the approval by both the Houses of Parliament.

Judicial scrutiny of proclamation

Earlier, President's 'satisfaction' amounted to 'subjective satisfaction', which could not be challenged in a
court of law under any circumstances. But Supreme Court in the Minerva Mills case held that there is no
bar to judicial review of the validity of a Proclamation of Emergency issued by the President under
Article 352 (1). Constitutionality of Proclamation can be questioned in the court of law on the grounds of
mala-fide intention.

However, court's power is limited only to examining whether the limitations conferred by the Constitution
have been observed or not. Court cannot go further into question of correctness of the facts and
circumstances on which the satisfaction of the Government is based.

Exercise of Executive Powers

 During the operation of a Proclamation of Emergency the executive power of the Union extends to
directing any State regarding the manner in which its executive power is to be exercised.

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  Unlike normal times, when Centre can only issue directions on certain specified matters, during the
Emergency, Centre becomes entitled to give executive directions to a state on 'any' matter.
 Thus, the distribution of powers stands suspended and state governments are brought under the
effective control of the Central government.

Difference in the nature of powers between Article 352 and Article 356

Parameter Article 352 Article 356

Effect on legislative State Legislature and the State Executive State executive is dismissed and state
and executive continue to function. Centre gets legislature is either suspended or dissolved.
functions concurrent powers of legislation and President administers the state through the
administration in State matters. Governor and Parliament makes laws for the
state.
Centre-State Nature of relationship of all the states Relationship of only one state changes with
Relationship changes with respect to the Centre the Centre
Law making powers Only Parliament can make laws on the Parliament can delegate the law making power
subjects enumerated in the State List. to President or any other authority.
Effect on It affects Fundamental Rights. It does not affect Fundamental Rights.
Fundamental Rights

20. Fiscal transfers from the Centre

re to States are critical in India. In this context, explain the rationale
of both general and specific purpose fiscal transfers. Also highlight the problems witnessed in the
design and implementation of specific
pecific purpose transfers.
Approach:
 Broadly discusss the horizontal and vertical fiscal imbalances arising from the assignment of tax
powers and expenditure responsibilities in the Constitution
 Highlight the need for resolving these fiscal imbalances through fiscal transfers.
 Discuss the rationale behind general
general and specific purpose fiscal transfers.
 Enumerate the design and implementation issues of Specific Purpose Transfers and suggest a few
ways forward in the concluding part
Answer:
In India, there is a mismatch between revenue capacity and expenditure
expenditu need of state governments. The
Central government has access to most broad-based taxes (for ex- income tax, corporate tax etc.) and state
governments have responsibilities to provide most of economic and social services (for ex- health,
education etc.) but inadequate revenue handles to provide them.

Besides, variations in the size of the tax base create wide differences among the States in terms of their
capacity to raise revenues. Some states also face the issue of high unit cost of providing public services
(for ex- hilly states). Consequently, there are variations in the standards of public services delivered.

To resolve such fiscal imbalances, a system of intergovernmental transfers from the Centre to the States is
put in place. These transfers can take the form of general purpose unconditional or specific purpose
transfers.

General Purpose Transfers: The rationale for general purpose transfers is to enable all the states to
provide comparable levels of public services at comparable tax rates. Since, the emphasis is on enabling
the States, the transfers are supposed to be unconditional.

Specific Purpose Transfers: These focuses on ensuring minimum standards of services. Thus, these
transfers are conditional in nature and seek to equalise the expenditure levels of the states to achieve the
minimum standards in respect of specified services.

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 The specific purpose transfers face several shortcomings in terms of design and implementation:

 Multiplicity of schemes: There are too many schemes and within each scheme, there are many sub-
schemes with different objectives to be financed. As a result, there‟s thin spread of resources with
hardly any impact on service levels.
 No link between service levels and transfers: These tend to be incremental and are not linked to
service level outcomes. Thus, the transfers are not designed to achieve the basic purpose of ensuring
minimum standards of services.
 Uniform Matching Ratio: The uniform matching ratio across States makes it difficult for the low
income States to utilize the grants allocated to them fully. For example, Kerala, one of the most
advanced States in education also avails the grant by making the same matching contribution while
Bihar which is educationally the most backward State does not get adequate grants as it finds hard to
contribute the same matching ratio.
 Mismatch between approved and granted funds: There is considerable difference between the
approved allocation and actual grants given. This creates uncertainty in implementing schemes.
 Inefficiency & Micromanagement: The requirement to seek grants under several different
interventions within a scheme, results in lack of flexibility to the recipient in the use of funds,
micromanagement, proliferation of bureaucracy and inefficiency.
Thus, the Fourteenth Finance Commission has recommended that the number of transfers should be
minimised and the design & implementation mechanism for each scheme should be decided by a
experts.
committee comprising of Union and State government representatives and domain ex

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