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Test 01 With Answers PDF
Test 01 With Answers PDF
www.visionias.in
But the recent bill proposed for the formation of NSRA too has several shortcomings:
The NSRA Bill doesn’t clearly says that which facilities should be under its authority as the Bill says
that the Central Government on the name of defense and security, exempt any radioactive material,
nuclear material etc and the premises where these materials are found or the areas associated from
the jurisdiction of the authority.
NSRA is excluded from the purview of RTI Act.
An autonomous body to regulate the nuclear program is a drastic need if India wants to expand its
nuclear energy sector which is effective and acceptable to people at large.
1. The selection of its members should be done by a body comprising the leader of Opposition and
speaker of Lok Sabha.
2. The nuclear power should not be immune to scrutiny by civil society.
If NSRA as a body for nuclear regulation is provided with appropriate powers and its functioning is kept
autonomous and transparent, it will not only ensure successful regulation of India’s nuclear program, but
it will also enhance the image of India as a nuclear power in front of International community and NSG
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and it will also win legitimacy in the eyes of the masses.
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RTI Act has been considered by many as the second most important legal document after the
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Constitution. In the light of the above statement describe the importance of Information Commissions
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at the center and state levels. Discuss the challenges that they have been facing in fulfilling their
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mandate.
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Approach:
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There are 2 parts to the question – Importance of Information Commissions at Centre and state and
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Address to the first part of the question, highlighting the mandate, objective, organization of the
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Also, discuss the parameters of – transparency, accountability and predictability, which are
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You can also give the current status of pending cases and highlight the need for proper functioning of
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Then, address the 2nd part – challenges faced. These should necessarily include the one w.r.t. vacancy
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No need to mention the suggestions separately, with every challenge you can include a short
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Please avoid mentioning general aspects and problems related to implementation of RTI Act.
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Answer:
RTI Act has been one of the significant steps in Indian governance, which has transparency,
accountability and participation as its mandate. The timely response to citizen requests for government
information ensures that this act becomes next in line to the Constitution of India. The mechanism of
complaints redressal through Information Commissions stands important in the following manner.
The Importance of Information Commissions at Centre and State level
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Section 12 (4) of the RTI Act states that the “general superintendence, direction and management of
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the affairs of the Commission shall vest in the CIC’’, thus, the vacancy has the “potential to adversely
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impact the effective functioning’’ of the Commission.
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Lack of regional offices of CIC and SICs in larger states (based on population density and
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geographical area) - The Act allows for dispersal of Information Commissions to provide easy access
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to citizens. {Section 12(7), 15(7)}. For an overly citizen friendly law to be effectively implemented it is
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The composition of CIC and SICs indicate the preponderance of persons with civil services
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background. Members with civil services background no doubt bring with them wide experience and
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an intricate knowledge of government functioning; however to inspire public confidence and in the
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light of the provisions of the Act, it is desirable that the Commissions have a large proportion of
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3. Promulgation of ordinances by the Central and State government reduces the legislative process to a
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private affair. It then becomes imperative that the ordinance-making power be suitably restrained to
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create a balance of power between the executive and the legislature.” Discuss.
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Approach:
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The Answer should address the rationale, scope and practice of Ordinance making power of the
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Need for suitable restraint on the ordinance making power should be discussed in the light of
instances of misuse and regular re-promulgation. Quote judicial pronouncements in this context as
well.
Conclude with stressing the constitutional rationality of Ordinance making power and the need for
each organ to play its role appropriately.
Avoid being partisan, blame game, underline your arguments based on institutional and procedural
aspects in the light of historical experience and contemporary realities.
Answer:
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involved:
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Putting a time frame on the validity of ordinances.
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Making Subjective satisfaction of the President Justiciable. 10
Restraining re-promulgation.
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It is not the constitutionality of these provisions but the practice and implementation that is in question.
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Ordinances are in the nature of emergency powers of the President and the governor e.g. in A.K.
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Ordinance-making power was a legislative power given to the President and hence subject to judicial
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Constitution provides certain qualifying conditions for the promulgation of ordinances, the key lies in the
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judicious implementation of these provisions and containing the use of ordinance to exceptional
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circumstances only as was the rationale behind these provisions. A healthy functioning of the legislative
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and executive arms of the government under the constitutional provisions is the key in this context.
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Following are some of the recent examples of Ordinances at the level of the Union Executive, which can be used
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in the answer:
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o The Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015
o The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Amendment) Ordinance, 2014
o The Insurance Laws (Amendment) Ordinance, 2014
o The Coal Mines (Special Provisions) Second Ordinance, 2014
o Food Security Ordinance, 2013
o The National Tax Tribunal Ordinance in 2003
o Electricity Regulatory Commissions Ordinance 1998
o Establishment of TRAI in 1997
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Similar is the case with NRI voters who are required to be physically present at the polling station
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which is expensive and time-consuming.
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Service personnel like those in the armed forces, civil services etc have the facility to vote either
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though postal ballot or through a proxy voter. However, both these mechanisms have inherent
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deficiencies. Proxy voting violates the principle of secrecy in voting and is very cumbersome. Postal
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ballot is also cumbersome and expensive as it requires registration of the service member and his
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family in the electoral roll and most of the time the issue of postal ballot is late. It would be better to
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confer the right to be registered as voters to service voters in the constituency where they are
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For the NRIs, the ECI can either allow them to cast their vote at their respective diplomatic missions
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or can implement the system of electronic voting. Electronic voting can facilitate voting for internal
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migrants and service voters as well. The honorable Supreme Court of India has recently directed the
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Central government to implement to e-postal ballot system for NRIs and service voters. But
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government must ensure that the electronic voting is tamper-proof and is cyber secure.
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Allowing these groups to vote will help them to gain representation in our democracy and their
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issues and grievances will also be redressed which have been hitherto neglected as they couldn’t
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easily exercise their voting rights. This will then truly usher in democracy in our country.
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5. The possibility of friction or conflict, as a result of the functioning of multiple regulators overseeing the
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different segments of financial sector, does not make a convincing case for a single all-powerful super-
regulator. Discuss.
Approach:
While FSLRC has recommended for a single unified financial sector regulator, many analysts including
former RBI governor C Rangarajan have suggested against such a single regulator.
In the Introduction, write briefly about the present scenario of multiple regulators overseeing different
segments of financial sector. Then come to recommendation of single super-regulator. Bring out the
arguments in favour of it. Then write the arguments against such Super-regulator. Conclude with way
forward.
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innovations. For facilitating desirable changes and innovations the regulatory system should be
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conducive enough.
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A regulatory system should encourage greater efficiency and reduction in transaction costs while at
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the same protecting the integrity of the financial system. It is felt that a single monolithic regulatory
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organisation may not be nimble and quick enough to respond to the continuous changes that are
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taking place.
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All big organisations have a natural tendency to develop into unwieldy bureaucracies.
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The problems relating to friction and conflicting regulations may continue with undiminished
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The overall administrative costs of the organisation are likely to increase more than proportionately.
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Whenever employees of the super-regulatory body launch an agitation, the whole regulatory
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Financial sector players may also face problems with other authorities as a result of conflicts
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appropriate mechanism for conflict resolution. It may be productive to have an institutionalized regular
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forum of all the regulators in the financial system for exchange of views and review of important
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6. "Even though India represents a sui-generis case of a compromise between Parliamentary Supremacy
and Judicial Supremacy, Parliament still remains the dominant partner." Critically analyze.
Approach:
The Answer should address the issue of relations between Parliament and Judiciary in India. Develop
arguments providing glimpse of Parliament as the representative of the peoples will and the judiciary
as the chief arbiter of the spirit of constitution.
Introduction: Establish the meaning of compromise between Parliamentary Supremacy and Judicial
Supremacy.
6 www.visionias.in ©Vision IAS
Main Arguments: Make your position clear on “Parliament still remains the dominant partner”. Three
possibilities should emerge
o Parliament is dominant
o Judiciary is dominant
o Both are co-equals in and have supremacy in their domains.
Conclusion: highlight the supremacy of the constitution through peoples will and respective roles of
executive, legislature and judiciary in ensuring a healthy constitutional democracy in India.
Answer:
Britain and the USA are often cited as the prime examples of Parliamentary supremacy and Judicial
Supremacy respectively. India, in contrast, is projected as a compromise between these two models. This
is so because while, on the one hand Parliament in India was created by the constitution, unlike the
British Parliament, of which the judiciary is the final arbiter. On the other hand, judiciary in India, unlike
the USA, does not have unfettered power of judicial review.
However, it can be argued that even in this sui-generis model certain provisions make parliament the
dominant partner.
o Parliament’s power of Legislation, including amendment of the constitution is beyond doubt.
o Parliament represents the will of the people and thus is considered supreme institution.
o The constitution vests the parliament with the power to determine the structure of Judiciary,
appointment, tenure and remuneration of judicial functionaries as well as their removal in case of
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the judges of Supreme court and High Courts.
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Nevertheless, the evolution of constitutional polity in India has witnessed a considerable expansion in
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the ambit and scope of judiciary, mainly through being the chief arbiter of the constitution.
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o Provisions such as articles 13, 32 and 136, 226 and 227 provide a constitutional basis to judiciaries’
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o Through verdicts such as Kesavananda (1976) and Minerva Mills (1981), the Judiciary has brought in
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the tool of ‘basic structure’, curtailing the Parliaments overarching powers in terms of the
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o Similarly, in the matter of appointments, through its verdict in Three Judges cases, the judiciary
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virtually set the rules for itself, thus, establishing de-facto supremacy in this arena.
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Nonetheless, the passage of NJAC Act underlined the importance of Parliament as the key institution
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regulating the conduct of institutions such as judiciary by constitutionally mandated procedure. The
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Judiciary, well within its constitutional mandate, can review the functioning of NJAC.
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Hence, it would be prudent to remember that under the constitution the role of executive, legislature
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and judiciary is duly defined. The theory and practice of constitutional polity in India envisages
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appropriate checks and balances to address any imbalances as and when they arise.
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7. There has been a constant attempt towards making Panchayati Raj Institutions more egalitarian to do
away with the wrongs created by the caste system, gender inequality and economic disparities. In this
context discuss the challenges in effective implementation of inclusive governance through Panchayati
Raj Institutions.
Approach:
Explain the given statement briefly, emphasizing on how PRIs have evolved in the given context. Then
discuss the challenges in its effective implementation. Focus should be on the challenges faced vis-a-vis
caste system, patriarchy and economic disparities. Conclude on a positive note by giving some
suggestions or mentioning few recent initiatives in this regard.
Caste based discrimination: Duly elected Dalit representatives are said to be targeted by upper caste
members, by not including them in planning and decision-making process or by passing ‘no-
confidence motion’ against them. PRIs have become a means for perpetuating social stasis.
Despite several states extending 50% reservation to women, gender-based discrimination is evident
from reports that the elected women representatives acted as mere figureheads, while the real
power lied with men, more so in the case of illiterate women.
In many cases when women heads were seen as too assertive or challenging the male-dominated
authority, they were humiliated or even killed.
Panchayati Raj was seen as an instrument to bridge the gap between rural rich and poor, by
prioritising funds, choosing beneficiaries for schemes such as NREGA etc. But the system is plagued
with issues of corruption, mismanagement of funds etc.
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There has not been adequate devolution of functions and finance, particularly untied funds. Parallel
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systems of financing such as -MPLAD/MLALAD fund can undermine the real governance role of PRIs,
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according more powers to the elites of a particular political party and to bureaucratic elites at the
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The public at large and officials are yet to accept panchayats as local governments. Though the State
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Government had transferred control over several institutions to local bodies, the officials are not
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Many of the panchayat members are ill-qualified to understand and implement their duties, and
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once elections are over, there is not much guidance available to help them in discharging their
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duties.
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It is important to recognise that there are entrenched pathologies of caste discrimination, patriarchy and
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identity-based political dynamics at the grassroots level. It is thus very important to have a safeguard
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mechanism to ensure transparency and accountability. There can be systematic efforts for participatory
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governance assessment such as social audit and people’s report card, to make sure that PRIs are not
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8. What are the issues associated with the recent ordinance passed by the Rajasthan government
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stipulating a minimum educational qualification for contesting local elections? Is this a setback to the
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Approach:
The approach can be divided into four parts:
A brief introduction to the provisions of the Ordinance.
Government’s objective in bringing in the Ordinance.
Criticism of the Ordinance from multidimensional perspective, while giving special reference to the
impact on gender equality.
Conclude the answer suitably on a futuristic note
Provisions
A candidate should :
Have the minimum qualification of secondary education (Class 10 to contest the ZilaParishad or
Panchayat Samiti polls.
Be Class 8 pass from any school (general category) to contest the Sarpanch elections.
Have passed Class 5 from a school to become a Sarpanch in the scheduled region of panchayat.
Government’s justification
Sarpanch directly handles crores of money given by Central government. He should be a literate
person with a some know how. Government wants better accountability since Sarpanch is the main
executive agency for Panchayat and Rural Development Works.
Government wants to confront the problem of illiteracy by this move. It has rationalized the
move by citing the two child norm for contesting Panchayat pollswhich has helped in checking
population growth.
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Issues with the Ordinance
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Article 14 of the constitution ensures equality before law. The ordinance will place many at a
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disadvantaged position and will seclude a large section of the population from the only institution of
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Rajasthan has a low literacy rate. As per the 2011 Census, Rural literacy rate stands at 61% with only
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45.8% literate women in rural Rajasthan. Out of 5,273 present members of the panchayat samitis in
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the state 3,371 were not Class X pass. Thus 70.49 per cent of the sitting elected representatives
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would be ineligible.
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The occupation of the marginalized people on elected seats and chairperson’s posts in
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grassroots democratic governments is a huge social and political revolution. Selective disqualification
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This law was passed via an ordinance, which means there was no debate or discussion amongst
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elected officials.
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The candidate’s ability should be judged by the electorate. Educational qualifications are not a
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yardstick to judge an elected representative’s effectiveness or ability to perform his job and serve his
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constituents.
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This decision is being seen as one more example of a state government dominating institutions of
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local governance.
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Pressure groups are the interest groups which work to secure certain interest by influencing the
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public policy. As such they represent diverse interests and agendas such as business/industry; Trade
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Unions; Agriculture/rural sector, Women’s groups etc. 10
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In India the role of pressure groups is limited to providing inputs and putting forward their
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expectations and demands to the ministry through mechanisms such as pre budget consultation of
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the finance minister which take place around the months of December-January. The Finance
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Minister chairs the meetings along with his deputy and key Ministry officials. The effort is to collect
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views and suggestions from various groups that help in finalising the Budget.
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For Example Industries/businesses are represented through groups such as the ASSOCHAM, CII and
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FICCI putting forward demands of rationalisation of tax structure and improving business
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environment.
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Similarly, the trade unions and Employees associations such as AIBEA participate in the consultation
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to put forward their interests such as demands of Government holding in the Public Sector Banks not
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Agriculture sector has been represented by groups such as Consortium of Indian Farmers Association
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Similarly, Women’s’ group played have played an important role in putting forward gender specific
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concerns and have played an important role in mainstreaming the idea of gender budgeting.
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In sum it can be said that pressure groups in India play an integral role in the pre-budget consultation.
The idea of participatory budgeting which has been gaining ground in recent year’s demands greater
transparency and capacity building of citizens as participants. The role of pressure groups and CSOs in
this context remains important to make the process sustainable.
10. The recent judgment of the Supreme Court on the National Tax Tribunal Act aims to restore the
balance in separation of powers. However, the judgment would go against the idea of Tribunals under
the constitution. Examine.
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The court said that the tribunal didn't have the salient characteristics of courts, which it sought to
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replace. It ruled that tribunals couldn't decide "questions of law", adding these could only be
decided by constitutional courts.
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Some other issues related to the working of Tribunals are:
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parliament’s power to abrogate or divest the core judicial appellate functions of courts
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the executive, especially retired bureaucrats, has predominant positions in all tribunals and judicial
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However the SC’s judgment in the present case will have repercussion on speedier disposal of
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appeals before high courts. An estimated Rs 4 lakh crore of tax revenue is locked up in litigation in
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Tribunals in India are setup for administrative convenience. The need for Tribunals can be justified
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by:
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Setting up of Tribunals helps in reducing the pendency of winding-up cases, shortening the winding-
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The role of non-judicial members is justified on the basis that the tribunals needed experts in various
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fields in view of the technical and complex subjects that came up before these bodies.
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In the Minerva Mills case, the Supreme Court said “effective alternative institutional mechanisms or
arrangements for judicial review” could be made by Parliament. Even in the present NTT case, the
court has not invalidated the Article 323B of the constitution. It said though Parliament could create
tribunals, these should have the trappings of a court.
The tribunal should be a real substitute for a high court. The alternative arrangement has to be
effective and efficient, as well as capable of upholding constitutional limitations. The Tribunals
should be tasked with deciding factual issues. The matters related to question of law should be dealt
exclusively by High courts and Supreme Courts.
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Arguments for lobbying in India
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1. There the issue of lobbying has been in news whether it was ‘Enron’ – Dabhol power project in
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Maharashtra, Foreign Investment in corporate sector, big defence purchases, Infrastructure
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development and now Foreign Direct Investment in multi brand retail. Government should consider
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some path to move on. Lobbying would only make the process smooth.
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2. it is a well-known fact that various bodies and some private firms such FICCI, Confederation of Indian
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Industry (CII), NASSCOM, Vaishnavi Corporate Communications owned by Niira Radia, etc in India is
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involved in lobbying. Making lobbying legal will add to the government’s income by levying good
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3. Many countries like UK, USA, Germany other European countries have made the lobbying legal with
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some provisions like quarterly disclosures on amount spent and the manner in which the same has
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been spent. So this provides vital information and transparency to lobbying practices.
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4. Lobbying, whether legal or illegal, will continue to remain integral to Indian businesses and politics.
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It will be better for our legislators to make the Business Lobbying legal with certain specific
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conditions to have transparency so that at least to a extent the national interests are watched.
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5. Making lobbying legal will bring forward open debates and discussions on all the forums. It will
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become possible to understand for one and all which option might be better.
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6. At present the lobbying money forms a part of unaccounted money going into the pockets of
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politicians, bureaucrats and other influential lot, the cost of which will eventually be recovered from
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the common people in the country. Making it legal this would find way to treasury of government.
7. Apart from saving huge amount of money the country may see the rampant corruption in the name
of lobbying fading away.
8. The Indian government itself has a lobby firm presenting its case with the American lawmakers,
while a number of Indian companies and entities also indulge in lobbying activities in the US through
their respective lobbyists.
9. Lobbying in fact brings more competitiveness and improvement in quality as the things are to be
explained and highlighted in comparison to any other stake holder.
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policies framed in favour of Corporates. Lobbying industry has been placing its demand for clear and
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transparent laws in countries like India where no clarity on the issue is available. So it is high time that
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India should decide to make the lobbying either legal or illegal by framing detailed and clear policy.
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12. In comparison with the American constitutional arrangement, where there is strict separation of
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executive and legislature, the Indian Constitution provides for a fused structure. Do you think this
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Approach:
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Way forward – How to make this system more efficient and effective
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Answer:
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The American constitution envisages a strict separation of powers where the executive and the
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legislature have no overlap. The President in USA, appoints his own staff/council of ministers and
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does not have anything to do with the legislature unlike India and is not responsible to the
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legislature like India. But in Indian system, the executive comes from the party, which has the
majority in the Lok Sabha. Therefore meaning that the Council of ministers draws members from the
legislature thereby diluting the strict watertight compartments between the executive and the
legislature.
The reason why our founding fathers did not adopt a strict separation of legislature and executive is
because it could cause unnecessary conflict between the two organs of the government, which our
infant democracy could ill-afford.
This system has served our country well since independence. Firstly, there is no scope for deadlocks
between the executive and the legislature as can be the case with the American system. If the
President belongs to a party, which doesn’t holds majority in the Congress than there is a possibility
13 www.visionias.in ©Vision IAS
of a deadlock if the President and the Congress don’t agree on that issue. But in Indian system the
executive comes from the party, which has the majority in Lok Sabha. Hence, for important bills like
money bills there is no scope for deadlock.
Secondly, a majority in the Lok Sabha doesn’t give a free hand to the executive. The Rajya Sabha also
functions as another check on the power of the executive. Hence, in our system there is cooperation
between legislature and the executive as well as checks and balances on both the organs.
Going forward, we must strengthen our parliamentary processes. Most bills must be passed through
debates and discussion rather than the ruling party forcing them through the Parliament.
The executive should be held accountable for its actions through various motions, question hour etc.
The spirit of cooperation between the two organs must be recognized and embraced.
13. The Indian electoral system aims at ensuring equitable representation to the vulnerable sections. In
this context, discuss the issue of womens’ representation at different levels of governance in India.
Approach:
First start with explaining how Indian electoral system aims at ensuring equitable representation to
vulnerable sections. Then discuss women representation at different tier of government up to PRI level.
Highlight the issue and need for women representation and finally suggest some measures for the same.
Answer:
Recognizing the inequality in our social structure, the makers of the Constitution argued that weaker
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sections have to be dealt with on a preferential footing by the state. Thus to ensure equitable
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representation of various vulnerable groups reservation of seats were provided at all tiers of
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government.
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Issue of Women's Reservation at different level of governance
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The 73rd and 74th Amendments passed in 1993, which introduced panchayats and municipalities in the
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Constitution, reserve one-third of seats for women in these bodies. In some states the reservation in PRIs
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for women even extended to fifty percent. The number of elected women representatives in local
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bodies is 42%, exceeding the 33% quota. However, need education and capacity-building, which is
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Some recent studies on panchayats have shown the positive effect of reservation on empowerment of
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A study by the International Center for Research on Women (ICRW) has found that while women have
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the desire to participate, they are handicapped by constraints like lack of literacy skills and support from
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family members. The study looked at women's participation in panchayats in Alwar (Rajasthan) and
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Mysore (Karnataka). In Alwar 35% women said that they were interested in working for development
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while 50% said that their family wanted them to contest indicating a need for familial approval to step in
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About 55% women and 32% men admitted that family members helped in panchayat work, again
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Argument against
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Opponents argue that it would perpetuate the unequal status of women since they would not be
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perceived to be competing on merit. They also contend that this policy diverts attention from the
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larger issues of electoral reform such as criminalisation of politics and inner party democracy.
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Reservation of seats in Parliament restricts choice of voters to women candidates. Therefore, some
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experts have suggested alternate methods such as reservation in political parties and dual member
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constituencies.
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Rotation of reserved constituencies in every election may reduce the incentive for an MP to work for
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Women's reservation is the need of the hour. This will empower women and can act as a level playing
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field. The theory of representation proposes that all citizens should have the same opportunity to
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participate in political affairs regardless of gender, race and other identities. Therefore the entry of
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women into political institutions is an issue of equality. For a healthy political system and welfare of the
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people it is important that women must come forward and perform a vital role in political activities
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because more opportunities to participate in the political process will enhance their economic and
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organizational capacities so that they can gain more self-confidence and make attempts for a better
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share in the political system. Thus their participation in the political process is crucial for strengthening
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14. It has often been argued that the MPLAD Scheme is inconsistent with the spirit of the Constitution and
an anti-thesis to decentralization. In this context, examine whether the time has arrived to scrap the
MPLAD Scheme.
Approach:
The answer should contain the following parts –
Explain the MP LAD scheme briefly, its purpose
Explain the cons of this scheme and how it is inconsistent with the spirit of the constitution
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Evaluate the pros and what is the view of Supreme Court on this matter
Way forward – reform the scheme and how to implement it effectively
Answer:
Under the MPLAD scheme, started in 1993, each MP has a choice to suggest to the District Collector
for, works which create durable public assets, to the tune of Rs.5 Crores per annum to be taken up in
his/her constituency.
But some think that this scheme is inconsistent with the spirit of the constitution and anti-thesis to
decentralization.
MPs receiving government funds and using them to execute their own projects is encroachment on
the domain of the executive and thus a violation of separation of powers.
Also, many projects under these schemes fall under the purview of 11th and 12th schedule which are
the responsibilities of the Panchayats and Municipalities. Hence, MPLAD is seen as a usurpation of
their powers. Many times such projects distort the local priorities as may be desired by the
Panchayats and Municipalities.
The National Commission for Review of the Working of the Constitution had also recommended that
MPLAD scheme be discontinued.
But many think that MPLAD scheme is in line with the spirit of the constitution.
Though MPs seem to be given an ‘executive function’ but their role is limited to ‘recommending
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works’. Actual implementation is done by local bodies. Also they have to adhere to the guidelines
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provided by the parliament. Hence, separation of powers is maintained.
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Also, many works like drinking water, bus stands, irrigation works etc have been taken under the
scheme which has benefitted the local communities. 1@
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The Supreme Court of India has also found MPLAD to be not violative of the constitution.
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It is clear that MPLAD scheme is intra vires of the constitution but it needs to be reformed.
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In order to avoid conflict with local level governments, MPLAD can be modified to ensure that funds
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be spent though the local bodies. It will also ensure that local bodies are held accountable for public
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works and will also solve the problem of lack of funds for local bodies.
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The monitoring of this scheme should be further strengthened. This will ensure that MPLAD scheme
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15. Should the CAG be allowed to comment on issues of extravagance and efficiency, apart from the
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legality of a particular expenditure? Analyse. Also examine if the mandate of the CAG audit be
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Approach:
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The question demands the students to discuss the powers of CAG for propriety audit, which is beyond
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the conventional definition of audit. Students should bring out the recent issues with respect to the
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propriety audit and what could be the possible way ahead. The question demands the students to give
both arguments for and against such audit and likely implications and benefits of the same. Finally the
students should evaluate the arguments for and against extending the audit of CAG to private bodies in
PPP projects.
Answer:
CAG like any other normal auditor verifies the accuracy of the accounts by auditing the cashbooks and
other documents. He ensures that all the revenues and the receipts collected are brought to account
under the proper head and that expenditure is covered by a grant of proper authority, vouched for and
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CAG has been demanding the government to bring PPP projects under its purview. In most of such
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projects government's equity is less than 49% but if the value of land provided by Government for
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the project is added then it can shoot up to as high as 80% in some projects.
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Government has little insight into the finances of these projects as they are implemented by private
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companies. In many infrastructure projects, private companies increase user charges, but the logic
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behind the increase is never shared with the government. The new powers provided to the CAG will
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Critics of this move hold the opinion/viewpoint that the tendency to force a CAG audit on private
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companies in which the government or public sector enterprises have significant shareholding is
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dangerous. They feel that this will create a huge burden on CAG and, consequently, on the public
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It will also hurt the auditing profession, as it will signal the government's lack of confidence in the
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But, the fears of intrusive corporate oversight appear exaggerated. Even though people express concerns
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over its manpower and competency, the CAG is conversant with government policies and regulations.
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While they may be limited by the availability of staff to carry out audits on companies, they may look to
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engage chartered accountants who can work under their direction. The outcome of a CAG audit could
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arguably result in lifting the corporate veil, especially if a company has used other entities to circumvent
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16. The Upper Chamber of Parliaments across the world are generally considered less powerful vis-à-vis
their Lower Chamber. However, they are also vested with certain functions and powers, which enables
them to play a decisive role. Critically analyse with special emphasis on India.
Approach:
Power and status of UC – how it is inferior in powers in legislative, impeachment processes etc.
17 www.visionias.in ©Vision IAS
Special power – India (article 249 and 312), control over executive etc.
Conclude by saying that upper chamber is an important institution but has been given less power
w.r.t. lower house.
Answer:
Upper Chamber (UC) is one of the two chambers of a bicameral legislature. In a unitary system, UC is
seen as an advisory chamber while in federal systems, it has been granted nearly equal powers with the
lower chamber. Rajya Sabha (RS) of India enjoys co-equal status in all aspects except in certain financial
matters.
Reasons for inferior position of UC are multiple. In fact, there were heated debated in the constitutional
assembly of almost every country for the need of UC. Thomas Jefferson also opposed the idea of two
chambers. It is indirectly elected body, undemocratic and subversive of the will of the people expressed
through the elected Lower Chamber (LC). One argued that “if a Second Chamber dissents from the first it
is mischievous; if it agrees, it’s superfluous”. Following are certain powers and status enjoyed by UC
across the world:
In some countries only limited legislative matters, such as constitutional amendments, require its
approval. In UK, the House of Lords, UC, can no longer prevent the passage of most bills. In countries
where it can veto legislation (like the Netherlands), it may not be able to amend the proposals.
LC is directly elected by the people and thus given power for matters related to finance. RS can delay
a money bill for two weeks only.
In parliamentary system, UC cannot vote a motion of no-confidence against the government. This is
true for India also.
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England has an evolutionary political system where power has gradually shifted from crown to the
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House of Lords, UC to the House of Commons. Now, UC acts as a revising chamber more or less.
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However, federal systems have granted some special powers to the UC. USA has one of the strongest UC
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in the world. States surrendered their power to the centre and thus, UC enjoys some special powers
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which are not with the LC. India also supported strong federation initially. But still, RS enjoys certain
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UC of countries like USA may give advice and consent to some executive decisions (e.g.
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UC may have the sole power to try impeachments against officials of the executive. In USA, it is the
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Senate that finally adjudicates and convict on this issue. RS of India has extra power to remove vice-
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president of India.
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Article 249 gives power to RS to pass a resolution to empower parliament to enact law on the state
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subject. Similarly RS can pass a resolution to create a new All-India-service (AIS) under article 312
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RS can extend the life of a Proclamation issued under article 352, 356, and 360 in the events of the
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Overall, reasons for the UC have always remained a subject of debate. Some call it undemocratic due to
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its structure (indirect election of members) while others favour it for its revising and other powers.
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17. It is said that the strength of judiciary, the guardian of the country’s democracy, depends on two pillars
of justice delivery system – quality and speed. Of these 2 pillars, the Indian judicial system is weak in
speedily dispensing justice. Identify the reasons for such a backlog and also enlist recent measures
which have been taken to reduce such delay.
Approach:
The question has 2 parts to be addressed – reasons for judicial backlog and recent measures to
address this backlog.
You can directly start the answer with the reasons in a proper organized format. If you feel, just
mention one fact about the current state of judicial backlog in India.
18 www.visionias.in ©Vision IAS
Thereafter, mention only the recent steps taken to address these issues in a point-manner.
You can innovate the presentation style of this question such as point-format, tree-shape, flowchart
or any other style.
Keep the answer simple and to the point. Arrange the various points in decreasing order of their
contribution to the judicial backlog.
Answer:
The pendency of over 31 million cases in Indian courts is a vivid manifestation of the fact that the Indian
judicial system is weak in dispensing justice in a speedy manner. Such delay has been creating a double
distortion; while the rich and powerful subvert the system and use legal safeguards to delay the judicial
process; a large number of poor under-trials languish in our jails. Therefore, it becomes necessary to
identify the reasons for such a huge backlog.
Reasons for Judicial backlog:
Understaffing
o Inadequate judge to population ratio – 15 per million based on sanctioned strength. The ground
availability is even less.
Inadequate physical infrastructure
o Absence of use of ICT in courtrooms and court complexes.
o Lack of computerization of records.
Operational Issues:
o Improper case management – does not take into consideration the expertise and specialization
of judges while assigning the cases resulting in inefficiency, petty cases like traffic challans etc.
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can be dealt by outside institutions.
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o Provision of Adjournments: These deals are granted only when the courts deem it necessary or
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advisable for reason to be recorded. However, these conditions are not strictly followed and the
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bad practice continues not only by litigants but also by sitting judges.
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o Vacation for Courts
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o Rotation of Benches
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Role of Lawyers- take adjournments on frivolous grounds, do not prepare their cases resulting in
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Lack of judicial accountability gives comfort to judges that ultimately leads to delay in deciding the
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Excessive filing of Public Interest Litigation cases resulting in lesser time to hear and decide upon
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regular cases.
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Establishment of National Mission for Justice Delivery and Legal Reforms: It has two major goals:
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increasing access by reducing delays and arrears in the system. (b) Enhancing accountability at all
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levels through structural changes and setting performance standards and facilitating enhancement of
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Formation of National Court Management Committee– 13th Finance Commission allocated Rs. 300
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crore for employment of court mangers to assist the judges. The post of court managers is created in
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each judicial district to assist principal district and session judge and two posts are created for each
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High Court and one for each Bench of High Court. The court managers with MBA degrees will
support the judges to perform their administrative duties, thereby enabling the judges to devote
more time to their judicial function.
Recently, in Nov 2014, Chief Justice of India had addressed a letter to all Chief Justices and Acting
Chief Justices of the High Courts, urging them to fill up vacancies in the High Courts.
E-court Project – for ICT enablement of courts.
National Litigation Policy
Gram Nyayalayas and Family Courts: more numbers to be set up.
Approach:
Students can begin by giving a very brief introduction of section 8 of RoPA and how it allows
disqualification of candidates upon conviction. Thereafter the answer should focus on the shortcomings
of the existing law and the proposed solution to amend the specific section of the law. Students should
also bring out the arguments in support of such an amendment and safeguards which should be
introduced along with it.
Answer:
The Representation of People’s Act of 1951 lays down certain rules for disqualification of MPs and
MLAs if they are convicted:
But disqualification upon conviction has proved to be incapable of curbing the growing
criminalisation of politics, owing to long delays in trials and rare convictions. A number of expert
bodies/commissions feel that the law needs to evolve to pose an effective deterrence and prevent
subversion of the process of justice.
Few people suggest that one of the solution to overcome this problem is to disqualify the candidates
from contesting the elections on a case being registered against them in case of a serious crime. But
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many experts believe that the filing of the police report under Section 173 of CrPC is not an
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appropriate stage to introduce electoral disqualifications due to lack of sufficient application of
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judicial mind at this stage. Any such move may result in a large number of frivolous cases being filed
just to get the candidature of a few candidates cancelled. 1@
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In this light many of the expert bodies have suggested that candidates should be disqualified from
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contesting elections even when the charges in that particular case have been framed as this would
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Even the Supreme Court in one of its judgment has made it clear that the framing of charges under
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Section 228 of the CrPC requires an application of judicial mind to determine whether there are
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Further, the burden of proof at this stage is on the prosecution who must establish a prima facie case
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where the evidence on record raises ‘grave suspicion’. Together, these tests offer protection against
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false charges being imposed. Also, only offences which have a maximum punishment of five years or
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Additionally, charges filed up to one year before the date of scrutiny of nominations papers for an
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election should not lead to disqualification. This would help respond to the fears that political rivalry
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may lead to complaints which can create hurdles for a candidate during polls.
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Since the stage of framing of charges is based on substantial level of judicial scrutiny, a totally
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frivolous charge will not stand this scrutiny. Therefore, given the concern of criminalisation of politics
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in India, disqualification at the stage of charging is justified having substantial attendant legal
safeguards to prevent misuse.
19. There are three justifications for regulatory interventions: prevention of market failure, checking anti-
competitive practices and promoting public interest. In context of the above statement, critically
examine the functioning of regulatory bodies in India.
Approach:
Firstly, while giving an Introduction, highlight the context of the statement, i.e. why we need
independent regulatory authorities. Then explain how they help in in preventing market failure, checking
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private players while ensuring public interest. Its decision to impose fines to cement companies and real
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estate developer ensured the development of a healthy environment for economic development of the
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nation and fostering of competition.
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But, at the same time, there is also an increasing perception that a number of regulators are being set up
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on an ad-hoc basis by different Ministries, sometimes with overlapping jurisdictions leading to lack of
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coordination and issues of turf. The NSEL case is a classic example of regulatory overlap among FMC,
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IRDA and SEBI. The fact that different regulators have been set up with varying terms of appointment,
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ministries for budgetary allocations and sanctioning of staff appointments as well as the need for
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Further, many of the regulatory bodies are not statutory backed, leaving ambiguity in its functioning.
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The process of appointment and removal is based mainly on governmental patronage with civil
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servants being appointed to the offices, which leaves enough scope for governmental interference in
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the functioning.
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The regulator’s actions are questioned only where there is an impending crisis or a serious debate in
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the country. In fact, in most such cases it is the line ministry that is questioned, and not the regulator.
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Such misperception enables the line ministry to interfere in the functioning of the regulatory body.
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Legal accountability allows review of a regulator’s specific decisions. It is important to ensure that
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the review process does not create a second layer of regulation, as experienced in telecom sector.
Nevertheless, the government needs to have a proactive approach by statutorily recognizing the
regulator with an independent source of funding and impartial appointment process for realizing its aim
of preventing market failure, checking anti-competitive process and promoting public interest.
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Arguments in favour of states
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A closer look at India’s map shows that barring Delhi, Madhya Pradesh, Chhattisgarh, Jharkhand,
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Haryana, all Indian states have borders with a foreign country or they have international waters.
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Therefore it is important to appreciate that Indian states have a natural stake in the foreign policy of the
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country.
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In the era of globalisation the interests of states are affected by the treaties the Government of India
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signs. This is particularly true of the FTAs, CEPAs, climate change and a host of others issues. The
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negotiations at the Doha round of WTO have been blocked for more than a decade because of the
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interests of the farmers. Similarly, the government has taken a position at the Climate Change
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negotiations to protect the livelihood of the poorest sections of the society. Such issues cut across states.
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States are also key players in the implementation of the economic reforms policy. The acute debate on
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the FDI in multibrand retail sector where the government was forced to give options to the states
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whether or not they wanted to implement the policy further reflect the important role played by states
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Though previously parliament had a limited role in the day today task of making the foreign policy, there
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used to be a healthy practice of debating the issues in the parliament. This gave the government a good
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idea of the national sentiment, but in the recent years, the situation has changed drastically.
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A Comparison with US bring forwards the important role played by the senate committee in ratifying
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international agreement's signed by the presidential executive providing the states an equal voice in the
policy formulation process. Such a process allows for acting as a collective body echoing the interest of
the states in international policy formulation process
The members of the ruling coalition often have large influence on the foreign policy. The government
was forced to stake its survival by seeking a vote of confidence on IndoUS civil nuclear deal. More
recently, it had to agree to a debate followed by vote on FDI in retail which is unprecedented and brings
forward the role of regional parties in the coalition, which tends to prioritize the state’s interest.
Thereby, the government has to devise ways to accommodate the interests of the states. Though, it is
being done on an ad hoc and sporadic manner, it is not enough. Most of such interactions are sporadic &
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