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Approach – Answer: General Studies Mains Mock Test 1220 (2019)

1. Directive Principles of State Policy, though not legally enforceable in a court of law, are perceived as
'conscience of the Constitution’ and are fundamental to governance of the country. Comment.
Approach:
 Introduce in brief the rationale behind DPSP, and its criticism of being non-justiciable.
 List provisions that make them ‘fundamental’ for good governance.
 Enumerate some legislation that operationalized DPSP to highlight their relevance.
Answer:
The Directive Principles of State Policy (Art 36-51) are ‘novel features’ of Indian Constitution which
advance socio-economic rights to citizens. They are labeled as the conscience of the Constitution
because they are recommendations from the constitutional makers to future lawmakers and
administrators for good governance. DPSP were however made non-justiciable because of lack of
financial resources and state capacity for their implementation just after independence.
Article 37 states that they are ‘fundamental in the governance of the country and it shall be the duty of
the state to apply them.’ This is because they –
 Promote the ideal of welfare state – to achieve justice, liberty, equality and fraternity as outlined in
the Preamble.
 Supplementary to fundamental rights (political rights) – as they create a conducive environment for
enjoying these rights.
 Serve as beacons for executive, legislature and judiciary to fulfill the constitutional vision of socio-
economic justice.
 Serve as litmus test – for citizens to gauge the performance of any government.
Their significance in governance is evident from the following laws that were enacted to operationalize
some of these principles -
 Right to free legal aid (Article 39 A) – Legal Services Authorities Act, 1987
 Organization of panchayats (Article 42) – 72nd and 73rd Constitutional Amendment Act.
 Right to work and public assistance (Article 41) – Minimum Wages Act, Old age and disability
pension, etc.
 Just and humane conditions of work (Article 42) – Maternity Benefit Act
 Early childhood care and education (Article 45)– National Food Security Act, Right to Education
 Promotion of interest of backward classes (Article 46) – policy of affirmative action, National
Commission for SC and ST (Article 338 and 338A)
 Separation of Judiciary from Executive (Article 50) – Criminal procedure code, 1973
The judiciary has also recognized the primacy of Article 39 (b) and (c) over certain fundamental rights.
Though non-justiciable, a government that rests on popular vote can hardly ignore the DPSP while
shaping its policy and will have to answer before the electorate. Hence, awakened public opinion (and
not judicial proceedings) is the key to fulfilling these principles.

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2. The anti-defection law and issuance of whips by political parties curtail the freedom and independence
of MPs and it is time that they be re-looked into. Critically discuss.
Approach:
 In brief, describe the provisions of anti-defection law and office of whip, while highlighting their
relevance
 Discuss how they curtail free will of the MPs
 Suggest some amends which will help restore credibility of parliamentary.
Answer:
The anti-defection law (10th Schedule) was enacted to enhance the credibility of polity by addressing
rampant party-hopping by legislators. The presiding officer of the house can disqualify a legislator if they:
 Voluntarily give up party membership
 Vote or abstain from voting in the house against the party directions (whip)
 Split to form another party. Mergers of 2/3rd or more members of a party is however valid.
The office of whip, though not mentioned in any statute or rules of the house, is a colonial inheritance,
but has a critical role in legislature. He acts as a bridge between the party and its elected representatives,
and –
 Ensures attendance and discipline
 Garners support on a particular issue
 Regulates and monitors their behavior
 Communicates their opinions to the party and vice-versa.
Indian parliament has been facing a credibility crisis because of frequent disruptions, lack of constructive
debates, and bulldozing by the executive (council of ministers) in the legislature. Bills being passed with
little or no discussion are emerging as a norm. The political whips and anti-defection law are partly to
blame for this because:
 No distinction between dissent and defection – as these provisions treat any divergent opinion as a
mutiny.
 Paradox for MPs – who cannot take an alternate stand for their electors, if the party expects them to
vote in a predetermined manner..
 Forced consensus – is dictated, which deters constructive debates, and multi-stakeholder
participation and deliberation.
 Weakens the foundation of democracy – Adherence to party lines muffles independent voices. This
turns the parliament into a game of majority, controlled by the executive.
 Non-uniform application of anti-defection – as the presiding officer has the final say and can
potentially play a biased role.
This has led to loss of faith and trust in the legislators, which is alarming for a democracy. Frequent
judicial interference is another side effect. Votes in Parliament need to be votes of conscience and
certain steps are needed:
 The issuance of a whip could be limited to only those bills that could threaten the survival of a
government such as money bills or no-confidence motions. This would enable members to exercise
their judgment and articulate their opinion in other situations.
 A legislator should be able to deviate from the party whip with a prior notice if it goes against the
interest of his electors.
 The UK model for anti-defection can be followed - expulsion from party, but continues to be an
independent member of the house, and can be re-admitted.

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  Vesting the decision-making authority on defection to an independent authority like ECI, with clear,
time-bound provisions.

The anti-defection law and the whip system reduce the MPs to mere rubber stamps and discourage their
active participation in the legislature. The longer route of building consensus on most issues amongst the
majority of the legislators concerned, however difficult, is the way forward.

3. Mention the constitutional and statutory provisions relevant to the functioning of Election
Commission of India. What steps are required to further strengthen the autonomy and effectiveness of
this body?
Approach:
 Quote Article 324 and highlight the role of Election Commission of India (ECI) in ‘free and fair’ elections.
 List some other provisions of the RPA, 1951 relevant to the ECI, and Model Code of Conduct
Highlight gaps in independent functioning of ECI and suggest some measures for enhancing the
autonomy of ECI.
Answer:
The Election Commission of India (ECI) is a permanent constitutional body entrusted with conducting
free and fair elections to uphold democratic values. It derives its powers from the Constitution (Part XV)
and various laws of the Parliament as discussed below:
1. Article 324 provides its structure, conditions of service and mandate for superintendence, direction
and control of elections to the Parliament, state legislatures, and the offices of President and Vice-
President.
2. Article 356 provides for ECI’s certification (on whether elections can be held) for extending
President’s rule in a state beyond one year.
3. Representation of People Act, 1951 provides ECI with the power to:
(a) Register political parties and their symbols
(b) Notify elections schedule and other related details
(c) Disqualify members for electoral offences like bribery, incitement of violence/hatred
(d) Advise the President on disqualification of members of Parliament
(e) Appoint and supervise the administrative machinery for elections
4. Representation of People Act, 1950 – empowers ECI to prepare and revise electoral rolls on a regular
basis.
5. Delimitation Commission (constituted as per the requirements of Article 82), has Chief Election
Commissioner as its ex-officio member.
In addition, ECI also issues Model Code of Conduct before every election to ensure level playing field for
all candidates.
Further, to ensure independent functioning of the ECI, the CEC is provided with the security of tenure
and can only be removed in the same manner as a judge of the Supreme Court. However, certain other
measures are needed to enhance its autonomy and effectiveness including:

Appointment of CEC and EC should be done in accordance with a law as currently, the Executive makes
the appointments, without outlining any qualifications and risking political neutrality based on
conventions. The 2nd ARC had suggested a collegium comprising the Prime Minister, Chief Justice of India
and Leader of Opposition.
Retiring member of ECI should not be allowed to take an Office of Profit under State.
 Election Commissioners should be provided same level of security of tenure as that of Chief Election
Commissioner

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 Imparting greater financial independence as its budget is currently not charged upon the Consolidated
Fund of India (like CAG or UPSC) but voted upon by Parliament.
 Expansion of powers under RPA to include ‘money power’ as electoral offence and curb the menace
of fake news. Currently, the ECI has to resort to the use of extraordinary powers under Article 324.
 Independent secretariat to remove dependence on Department of Personnel Training for
appointment of officers.

The ECI has played a critical role as the watchdog of electoral democracy making Indian democratic setup
an example that is emulated across the world. Empowerment of ECI will only add to the purity and
transparency of the election process.

4. Stating the preamble to the Indian constitution comment on its nature and scope.
Approach:
 Briefly explain the crux of the Preamble.
 Discuss its nature and the role it plays in our Constitution.
 Discuss its scope that encompasses various aims and objectives of the Constitution.
Answer:
The Preamble to the Indian Constitution states: ‘We, the people of India, having solemnly resolved to
constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its
citizens
JUSTICE social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;
In our Constituent Assembly, this 26th day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.’
Nature of the Preamble
The Preamble outlines the aims of the Constitution makers and aspirations of our founding fathers. It
envisions India as a democratic Republic not only from the political but also from the social standpoint
i.e. a democratic society which seeks both economic as well as social justice.
The Preamble declares that India being an independent and sovereign democratic republic has the
power to legislate on any subject and that it is not subject to the control of any other State or external
power. The term ‘Republic’ connotes that we have an elected President as the Head of the State and all
offices, including that of the President, are open to all its citizens.
The unity and fraternity of the people of India, professing numerous faiths, has been sought to be
achieved by enshrining the ideal of a secular state, which means that the State protects all religions
equally and does not itself uphold any religion as state religion. Also, the Preamble states that people are
the ultimate authority and the Constitution emerges from them.
Scope of the Preamble
Unlike the Constitution of Australia, Canada or the U.S.A., the Constitution of India has an elaborate
Preamble. The Preamble does not grant any power but it gives direction and purpose to the
Constitution. It serves as a guiding light for holistic understanding of the Indian Constitution.
It envisages for citizen’s liberty, equality and fraternity which has to be secured and protected along with
social justice, economic empowerment and political justice.
Though Preamble is a part of the Constitution and is not enforceable in a Court of Law by itself,
nonetheless it aids in the legal interpretation of the Constitution where language is found to be
ambiguous. Further, the scope and utility of the Preamble has been pointed out in several decisions of
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 the Supreme Court where it held that the Preamble defines the ‘Basic structure’ of our Constitution and
imposes a limitation on the misuse of the amending power of legislatures.

5. Exceptional power of law-making through ordinance cannot be used as a substitute for the legislative
power of the Parliament. Comment. In this context, highlight the constitutional safeguards against
misuse of power to promulgate ordinances.
Approach:
 Briefly describe the Ordinance making power of the President.
 Discuss various aspects of use of ordinance as a substitute for legislation.
 Highlight various Constitutional safeguards against the misuse of Ordinances.
Answer:
Article 123 of the Constitution provides for the Ordinance making power of the President. The ambit of
ordinance making power is co-extensive with legislative powers of the Parliament. Thus, it can be issued
on subjects on which Parliament can make laws and is subjected to same constitutional limitations as an
Act of Parliament. It provides executive the power to deal with a situation where it cannot resort to
ordinary law making process because legislature is not in session.
This exceptional power of law making through ordinance cannot be used as a substitute for legislation as:
 The reasons which render it necessary for the President to take immediate action through ordinance
can be mala fide.
 Ordinance route bypasses parliamentary scrutiny and prevents nationwide publicity on crucial policy
matters.
 It is inconsistent with the principle of legislative supremacy.
This is ensured by the Constitutional safeguards against misuse of Article 123:
 This power is to be exercised by the President on the advice of his Council of Ministers and not in the
exercise of his individual judgment.
 It is available to the President only when either or both the Houses of Parliament are not in session.
 The Ordinance must be laid before Parliament when it reassembles and shall automatically cease to
have effect at the expiration of six weeks from the date of re-assembly unless disapproved earlier by
Parliament.

Further, Supreme Court in its ruling on a bunch of petitions on the validity of ordinances issued and re-
promulgated in Bihar between 1989-91 has held that re-promulgation of ordinances without getting
approval of legislature is constitutionally impermissible and is a “subversion of democratic legislative
processes” since it represents an effort to overreach the legislative body.
It has further clarified that satisfaction of the President under Article 123 is not immune from judicial
review. In Cooper’s case, Supreme Court expressed the view that genuineness of the President’s
satisfaction could possibly be challenged in a court of law on the ground that it was mala fide.

Apart from these safeguards, Parliamentary conventions requiring government to give a statement in the
House of the People, explaining the circumstances which necessitated immediate legislation when it
seeks to replace ordinance by the bill is also an evolved measure.

6. The constitution of India strikes a good balance between rigidity and flexibility. Discuss this statement
in light of the modes of amendment of the Constitution of India.
Approach:
 Explain various modes of amendment of the Constitution.

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  Based on the different types of amendments, discuss how the constitution strikes a balance between
rigidity and flexibility.
 Discuss amendability in the light of doctrine of “Basic Structure of the Constitution”.
Answer:
Indian Constitution provides for amendment in order to adjust to the changing conditions and needs of
time. Article 368 provides for two types of amendment, while a third type are not deemed to be
amendments for the purpose of Article 368.
Thus, constitution can be amended in following three ways:
 Amendment by simple majority of the two houses of Parliament: It is required to meet the need of
ever changing socio-political and financial sphere. Formation of new states, acquisition and
termination of citizenship, delimitation of constituencies, administration of Scheduled areas and
Scheduled tribes, administration of tribal areas etc. may be amended by simple majority of the two
houses of parliament.
 Amendment by special majority: Under Article 368, the majority of the provisions in the
Constitution need to be amended by a special majority of the Parliament (more than 50% of the total
membership of each House and a majority of two-thirds of the members of each House present and
voting). FRs and DPSP are amendable by special majority.
 Amendment by special majority of parliament and ratification by half of the state legislatures by
simple majority: Under Article 368, it is required to amend those provisions which are related to
federal structure. For example :
o Election of the President – Article 54 and 55
o Extent of the executive powers of the Union and States – Article 73 and 162.
o Articles dealing with Judiciary, Supreme Court, High Courts- Articles 124 to 147, 214 to 231 and
241.
o Distribution of the legislative powers between the Centre and the States.
o Any of the Lists of the VIIth schedule
o Representation of the States in Parliament IVth schedule
o Article 368 itself.

Hence, the Constitution strikes a good balance between rigidity and flexibility. It is not very easy to
amend as in Britain, nor too difficult as in USA. The Constitution is not excessively rigid so that it could
grow with the growing nation and adapt itself to changing needs and circumstances. At the same time it
is not too flexible to allow ruling parties to change it according to their ideological leanings. Important
provisions can be amended with a special majority while federal provisions also need approval of states.
Thus, government of the day cannot override the will of Parliament, while Centre cannot override the
concerns of states.

Moreover, Supreme Court in Kesavananda Bharati v. State of Kerala case came up with the Doctrine of
the Basic Structure of the Constitution. As per this doctrine parliament is competent to amend all the
provisions of the Constitution provided the basic principles and provisions of the Constitution are not
affected. In effect, this doctrine has further ensured the balance between stability and change.

7. What do you understand by the terms Judicial Review, Judicial Activism and Judicial Overreach in the
context of India?
Approach:
 Explain the terms Judicial review, Judicial Activism and Judicial Overreach.
 Mention the subtle differences between these terms.

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  Through case laws and examples highlight where the courts have exercised activism, overview and
overreach.
Answer:
Under the principle of separation of power, the judiciary interprets and applies the law in the name of
state and has the power to change or invalidate law through the process of judicial review. However,
often a more active role taken by judiciary in legislative and executive domain takes the form of judicial
activism and judicial overreach.
Judicial Review:
Judicial review is the power conferred upon the judiciary by the Constitution of India under Articles 13,
32 and 226 to review an administrative action by a public body and safeguard declarations or orders. It is
also a process by which the judiciary infers the validity and constitutionality of the laws which are passed
by the centre as well as the state governments.
An example of judicial review is the case of Shreya Singhal v. Union of India. In this case the court struck
down section 66 A of the IT Act because it was against the fundamental rights guaranteed by the
Constitution.
Judicial Activism:
It is a judicial philosophy which motives the judges to depart from the strict adherence to judicial
precedent in favour of progressive and new social policies. As adopted from the polity of USA, through
this tool, the laws made by the legislature as well as executive actions are observed and amendments are
suggested to make them constitutionally more compatible.
In India, Judicial Activism was established through the Public Interest Litigation revolution. In matters of
large public interest within the limits of its expertise and powers, judiciary has decided matters either
suo moto or by a public interest litigation.
The propounding of the doctrine of Basic Structure of the Constitution in the Kesavananda Bharati v.
State of Kerala case is a classic example of Judicial Activism.
Judicial Overreach:
It is a negative concept under which an extreme form of judicial activism is exercised. Arbitrary,
unreasonable and frequent interferences are made by the judiciary into the domain of the legislature
and the executive, thereby disrupting the constitutional principle of separation of powers.
Directions given by the Supreme Court in 2016 to mandatorily play the National Anthem in cinema halls
in the case of Shyam Narayan Chouksey v. Union of India is an example of judicial overreach. Another
example is the banning of the sale of liquor at retail outlets, as also in hotels, restaurants and bars that
are within 500 m of any national or state highway.

8. There is a need of codifying legislative privileges and giving primacy to a citizen’s right to free speech
over them. Discuss in the context of India.
Approach:
 Define parliamentary privileges. Analyse their evolution in India.
 Explain the provisions mentioned in the Indian Constitution as regards parliamentary privileges.
 Discuss the need of codifying parliamentary privileges in the present Indian Political system.
 Analyse through case laws and instances, the conflict between the fundamental right of freedom of
speech and expression and parliamentary privileges.
Answer:
The term parliamentary privilege is used in the constitutional sense to include both rights and
immunities. Through privileges under article 105 and 194 for the Parliament and the State Legislature

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 respectively, the members of the parliament are given wider personal liberty and freedom of speech
than an ordinary citizen so that they can perform parliamentary functions without obstruction.
Whereas, the Freedom of Speech of the legislatures to be absolute has been expressly defined in these
articles; the same is not the case with other privileges. Thus, the legislators have the sole power to
decide what their privileges are, what constitutes their breach and what punishment is to be awarded in
the case of breach.

In this context, the codification of parliamentary privileges and giving primacy to citizen’s right of free
speech must be considered as:
 Article 105(3) is in transitional character and the constituent assembly contemplated that a statute
would be made in due course.
 The privileges of the House of Commons that have largely defined the rules in India are themselves
under review.
 Countries such as Australia, USA, New Zealand and Canada have also codified privileges.
 In the case of PV Narsimha Rao v. State it was held that ‘it is true that a house can hold a member
accepting bribe for voting guilty of its contempt, but the house has very limited penal powers.’
 The growing diversity and competing demands in the parliament needs to be accommodated.
 The recent order of imprisonment of 2 journalists for one year by the Karnataka Assembly reflects
that a person aggrieved by speech of a member in the house has no remedy in the courts.
 The absolute power of freedom of speech and expression for the parliamentarians vis-a-vis
imposition of restrictions for the public is against the ideals of a democracy.
 Legislators have protection from arrest in civil cases for 40 days before the session, during the
session and 40 days after the session which gives them an opportunity to refrain from arrest for
significant amount of the year.
 The Constitutional Review Commission headed by Justice M.N Venkatachaliah also favored
codification for independent functioning of the legislatures.
Currently, the domain of parliamentary privileges in India is grey. Legislatures have been resisting
codification as it would subject their acts in the parliament to judicial scrutiny and evolution of new
privileges would be restricted. However, in a mature democracy the application of the rule that ‘no
one can be a judge in his own cause’ must be uniform as legislatures’ power to decide their privileges
themselves goes against this.

9. Comment on whether there is a need to have a relook at the First Past the Post system and replace it
with proportional representation or a hybrid system.
Approach:
 In introduction, explain what is the First Past the Post (FPTP) system.
 Give reasons in favour and against as to why it is no longer suitable to the Indian political setup.
 Explain the alternatives to FPTP system.
Answer:
The First Past the Post (FPTP) system means that the candidate who gets maximum votes cast wins the
election. The FPTP system is considered to be the simplest electoral system and offers several advantages
like allowing voters to choose between people as well as parties. The Supreme Court, in RC Poudyal v.
Union of India, also noted that it presents the advantage of producing a majority government in a
general election

However, a major demerit of the FPTP system is that, in a democracy, it does not exactly determine the
rule of the majority. For example, in the 2014 general elections the single largest party won more than
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https://t.me/visionpt3652019
 half the seats in the Lok Sabha with a vote share of around 31%, whereas, a party with around 4.2
percent at the national level did not get even a single seat in the Lok Sabha. Its other demerits are:
 It leads to the exclusion of small or regional parties from the parliament.
 In constituencies where there are more than two candidates, with a chance of getting elected, the
fewer votes the winner needs. This encourages populism, vote-bank, competitive politics or sectoral
politics to remain popular and ensure re-election.
In order to address these concerns, following alternatives to FPTP are proposed such as:

Proportional representation
In this system the number of seats won by a party or group of candidates is proportionate to the number
of votes received.
Its merits are:
 Curbs inconsistency between the share of seats and votes.
 Representative as it ensures smaller parties get seats in the legislature, particularly when they have
a broad base across constituencies.
Demerits:
 The frequency of formation of Coalition Governments (with its challenges) is more in proportional
representation.
 The relationship between a voter and candidate may get diluted, for the candidate may be seen as
representing the party and not the constituency.
 An ousted party of the government can still remain in office by finding new coalition partners after
an election. Thus, the PR system may reduce accountability to voters.
Hybrid System: 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. It tries to create a balance between stability of
government and representation of all social groups. Countries such as Germany and New Zealand have
successfully adopted mixed system.

It has been witnessed across several elections that the “majority aspirations” and the will of the people is
not getting reflected in the election results. The discrepancies and associated flaws of the FPTP system
must be reduced, if not eliminated, to make India’s democratic system more responsive and reflective of
the will of people. Thus, the recommendations of the 170th and 255th law commission reports must be
taken seriously and in a phased manner, a mix of both FPTP and proportional representation should be
tried.

10. The 73rd Amendment Act is a significant landmark in the evolution of grassroot democratic
institutions in the country with the potential of transforming the representative democracy into a
participatory one. Examine.
Approach:
 Start with the need for 73rd Amendment and why it is called landmark for grass root democracy.
 Discuss how it is transforming representative democracy into participative one.
 Mention some shortcomings and way forward.
Answer:
The 73rd constitutional amendment Act, 1992, established the third tier of governance and
ensured local self-governance by granting constitutional status to Panchayati Raj Institutions
(PRIs). It aims to fulfill Gandhiji’s vision of Gram swaraj. It is a significant step towards
transforming representative democracy into grassroot participatory democracy which is a
community driven contribution in governance and decision making.
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 Significance of PRIs
 Representative: The 73rd amendment made it mandatory that the people’s representatives are
directly elected.
 Women leadership: The 73rd amendment gave women one third reservation of total seats to
women, not only as members but also in leadership role.
 Inclusive: Participation of Scheduled Castes, Scheduled Tribes, and Backward Classes has increased in
rural development.
 Rural development: With the devolution of 29 of state subjects like agriculture, rural households
etc., peoples’ participation in the process of planning, decision-making, implementation and delivery
system in rural India has been recognized.
 Grassroots participation: With the involvement of PRIs in implementing social sector schemes, Gram
Panchayats and Gram Sabhas can now decide the types of work to be undertaken in the village and
use of funds earmarked under the scheme.
 Political awareness: Sense of responsibility and political awareness has increased and consequent
decrease in exploitation by the landlords, money-lenders and upper castes.
 Discarded archaic social institutes: It has lessened the importance of Caste Panchayats and political
power is now less connected with the ownership of land.
 De-bureaucratization: The influence of bureaucracy has come down
In this way, the 73 rd amendment through PRIs has made representative democracy into
participative one. But these local bodies face some issues in their effective functioning.
Issues faced by the PRIs
 Lack of dedicated functionaries: The local bodies do not have full time dedicated functionaries
to perform their allocated functions. Thus, there is a need to create a separate cadre for local
bodies with required training.
 Lack of functions: The states are hesitant to devolve more functions to the PRIs
 Lack of funds: PRI depend on state funding for implementing the projects of rural development
which hampers their independent functioning as third tier.
Overall, the 73rd Amendment Act has helped in institutionalizing Participatory Democracy at the Local
Level. The need of the hour is people’s awareness and strengthening the system further to ensure a
genuine transition from representative democracy to a participative one.

11. The Indian Constitution has preferred a synthesis between the British principle of parliamentary
sovereignty and the American principle of judicial supremacy. Analyse.
Approach:
 Briefly describe the British principle of parliamentary sovereignty and the American principle of
judicial supremacy.
 Discuss the Indian constitutional provisions related to both these principles.
 Conclude the answer by highlighting the synthesis of both the principles in the Indian Constitution.
Answer:
The British principle of parliamentary sovereignty implies that parliament is a supreme legal authority in
Britain which can enact, amend and abolish legislation. The courts do not have power to declare any
parliamentary legislation invalid or unconstitutional as they do not possess the power of judicial review.
On the other hand, the American principle of judicial supremacy refers to the judicial review power
under which court can review any legislation made by the legislature , and can declare such laws invalid
or ultra-vires of the Constitution.
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 The Indian Parliament is not a supreme legal authority like the British counterpart. There are many
constitutional limitations on the sovereignty such as the written form of the Constitution, fundamental
rights, doctrine of basic structure, federalism with division of power etc. Also, the laws made by the
Parliament can be challenged in the Supreme Court and consequently the court has power to declare a
law as null and void.

Article 13 of Indian constitution provides for the power of judicial review. Comparatively, Indian courts
have a narrower scope of judicial review than the American Courts. This is because judicial power in the
USA is based on the principle of “due process of law” and the Indian constitution provides for “procedure
established by law”.

Under the due process of law, the court can question a law both on substantial and procedural grounds.
But under the procedure established by law, the court can examine law only on the substantial ground
i.e., whether the law is within the powers of the authority concerned or not. It is not expected to
question law on the ground of reasonableness, suitability or policy implications.

To imbibe the essence of both these principles in the Indian Constitution, the Constitution makers have
provided adequate power to the Parliament to amend major portion of the Constitution using its
constituent power and make legislation on subjects lying within its domain. While at the same time,
Constitution also enables the apex court to declare the constitutional amendments and parliamentary
laws as unconstitutional and invalid, thus presenting a hybrid mixture of both the systems. .

12. Parliamentary committees increase the efficiency and expertise of Parliament. In this context, examine
the role played by Public Accounts Committee and suggest measures to further strengthen it.
Approach:
 Bring out the role of Parliamentary committees in increasing the efficiency and expertise of
Parliament.
 Examine the role played by Public Accounts Committee and suggest measures to further strengthen
it further.
Answer:
A significant feature of Indian legislative process is the appointment of Parliamentary committees for
various legislative purposes. Parliamentary committees play a vital role in increasing the efficiency and
expertise of parliament in the following manner:
 In-depth study of the issue under consideration: Since the Parliament has very limited time at its
disposal, committees are able to give more attention and time to a particular issue.
 Performing important functions like studying the demands for grants made by various ministries,
looking into expenditure incurred by various departments, investigating cases of corruption etc.
 Effective Supervision: Departmentally related standing committees supervise the work of various
departments, their budget, their expenditure and bills.
 Reducing the burden on the Parliament: Joint Parliamentary Committees (JPCs) can be set up for the
purpose of discussing a particular bill or for the purpose of investigating financial irregularities etc.
 Ironing out ideological and party differences- Committees provide a forum to build consensus
across party lines, help develop expertise in subjects and enable consultation with independent
experts and stakeholders, thus streamlining the decision making process.

Role played by Parliamentary Accounts Committee (PAC)

 PAC maintains parliamentary oversight over finances of the government. Its main mandate is to
examine the audit reports submitted by the Comptroller and Auditor General (CAG) of India.

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  PAC brings to the notice instances of unauthorized expenditures or expenditures beyond sanctioned
limits. Functions extend “beyond the formality of expenditure to its wisdom, faithfulness and
economy”.
 It also examines cases related to under-assessments, tax-evasion, non-levy of duties,
misclassifications etc., identifies the loopholes in the taxation laws and makes recommendations in
order to check leakage of revenue.
However, currently the Committee faces challenges such as lack of adequate strength, lack of
technical expertise, no investigative powers and it cannot act suo-motu until the CAG audit reports
are presented to it,

Following measures will strengthen it further and aid it in effectively checking the wrongdoings on the
part of Executive-
 Stipulate a time limit within which CAG audit reports should be presented to the Parliament.
 Time limit should be fixed for government departments to submit Action Taken Report.
 PAC should have suo-motu powers of investigations.
 Sufficient technical assistance should be provided to them through Lok Sabha or Rajya Sabha
Secretariats.
 Testimony of witnesses should be made public either by telecasting it or allowing the Press or by
making the transcript of testimony public.
 Minutes of meeting of the PAC should be made public.

13. Mention the reason behind framers of the Constitution of India adopting the federal system of
government in India. Also, mention the key federal features of the Constitution.
Approach:
 Giving a brief idea about federalism, mention the main reasons behind adoption of federal system of
government in India.
 Enlist key federal features along with some unitary features of the Indian Constitution and conclude
accordingly.
Answer:
 The Constitution of India provides for a federal system of government where the powers are divided
between the central and state governments for better coordination.
Reasons for adopting federal system of government in India
 The makers of the Constitution opted for a federal system instead of a unitary one owing to the sub-
continental size of the country and the extent of socio cultural diversity present in India.
 Further the trauma of partition, problem of integration of princely states and need for planned
economic development for removing backwardness and poverty prompted them to establish a
strong Centre within the federal system.

Key federal features of Constitution

 Division of Powers: Constitution provided for a division of powers between Centre and State in terms
of Union List, State List and Concurrent List in the Seventh Schedule.
 Supremacy of the Constitution: Every law enacted has to confirm to the provisions of the Constitution
and all the organs of the Government must operate within the broad jurisdiction as prescribed by it.
 Written Constitution: It specifies the division of powers between the centre and the states and their
structure, organisation and functions.
 Rigid Constitution: All the provisions of the Constitution concerning federal state relations can be
amended only by the joint actions of the State Legislatures and the Union Parliament.
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  Judiciary independent from the Centre: Constitution has provided for a Supreme Court which has the
power declare a law as unconstitutional if it contravenes any provisions of the Constitution and even
settle disputes between the Centre and the States.
 Bicameralism at Centre: It maintains federal equilibrium by providing for a bicameral legislature,
consisting of the Lok Sabha and the Rajya Sabha where the former consists of the elected
representatives of people and the latter mainly consists of representatives elected by State Legislative
Assemblies.

Nonetheless, Indian Constitution also has several unitary features as well viz. single citizenship, stronger
centre, emergency provisions, All-India Services, integrated judicial system etc.
Hence, Indian federalism is sui-generis in its outlook as well as practice.

14. The Governor is an important constitutional functionary with significant powers, however over the
years this office has become subject to criticism. Discuss.
Approach:
 Giving a brief background of the office of Governor, assess the changing role of governor since
independence.
 Discuss the reasons why this office has been subject to criticism over the years.
 Suggest changes required in the roles and responsibilities of governor.
Answer:
Since the passing of the Regulating Act of 1773 till the 1935 Act, the Office of the Governor remained the
most vital institution to safeguard the vested interests of the British Empire in India.
After Independence, the makers of the Constitution expected that the nominated Governor would be a
Constitutional head of the State who may strengthen the Parliamentary system, by acting as a link
between the Centre and the States in our federal polity and would be above party politics. But the way
the Governors have functioned speaks otherwise.
Post 1967, the emergence of coalition governments provided an opportunity to the Governor to exercise
his discretionary powers with regard to the choice of Chief Minister, dismissal of ministry, dissolution of
the Legislative Assembly and the recommendation of the imposition of President’s rule under Article
356.
Governor, in the absence of guidelines, has arbitrarily exercised his discretionary powers to enhance the
political prospects of the ruling party at the Centre, thus acting arbitrarily on many instances and
compromising the Constitutional values.

For Example:
 Article 213 empowers the Governor to promulgate an Ordinance. But Ordinances have been issued
for “administrative conveniences” rather than in emergent circumstances.
 Article 356 empowers the Governor to report to the President in the event of failure of the
constitutional machinery in a state. It is yet another area of abuse of the Governor’s power.
Thus, Governors are consistently being seen as the long arm of the political party in power.
There is a marked mismatch between the understanding of the Constitution of the Governor as the
dignified head of the State executive and the regular turnover of Governors depending on the party in
power at the Centre.
The Supreme Court verdicts in the Arunachal Pradesh, Uttarakhand and Karnataka cases have implicitly
pleaded to restore the esteem of Governor’s office by undoing the politically-influenced steps. The
verdict in Arunachal Pradesh’s case by the Constitution Bench of the Supreme Court is noticeable as for
the first time, it ordered to restore the previous government after dismissal by the Governor.

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 The framers of the Constitution envisioned the Governor’s office to act as a safety valve in case there was
a breakdown of constitutional machinery and to stand as a bulwark against abuse of power by an elected
State government. But they did not specify the areas where the Governor was to exercise his discretion.
However, the Governor cannot exercise his discretion arbitrarily or capriciously. The recommendations of
Administrative Reforms Commission I and II, Sarkaria Commission and MM Punchhi Commission
regarding appointment, removal and functioning of the governor should be effectively implemented to
ensure and uphold the dignity of this Constitutional office.

15. Explain the role and functions of the Finance Commission. In this context, also identify the key Terms
of Reference of the 15th Finance Commission and whether there are any contested issues that need
clarification.
Approach:
 Discuss about the role and functions of the Finance Commission.
 Analyze the key Terms of Reference of the 15th Finance Commission
 Discuss whether there are any contested issues that need clarification.
 Conclude by giving your suggestion in brief.
Answer:
Most federations in the world have arrangements for mobilisation and devolution of resources. In India,
Article 280 of the Constitution provides for appointment of a Finance Commission (FC) every five years to
recommend methodology to share fiscal resources between the centre and states.
There is asymmetry in India’s fiscal federalism. The Centre’s capacity to mobilize resources is far greater
than that of States, but the latter are required to undertake development expenditures that far exceed
their revenue generating capabilities. The Constitution entrusts FC with the responsibility of addressing
this anomaly.
In this context, the FC has following recommendatory functions:
 Distribution of proceeds of taxes between centre and states.
 Principles which should govern grants-in-aid to be given to states.
 Any other matter referred to it by President in the interest of sound finance.
Its recommendations can be grouped under three heads, namely: division and distribution of taxes and
duties, grants-in-aid to states and union loan to states. These recommendations are generally accepted
by the Government.

Recent modifications in Terms of References:

 The Centre has urged the Commission to finalize its tax-devolution formula after factoring in the
impact on Union’s fiscal situation, keeping in mind the objective of national development
programme.
 Its mandate includes formulating performance-linked incentives for States on a range of desirable
outcomes such as attaining a replacement rate in population growth, deepening GST net and
improving ease of doing business.
 Use of 2011 Census figures for devolution of taxes.
 The Commission may also examine whether revenue deficit grants be provided at all.
The terms of reference (ToR) have created apprehension among States about principles of fairness and
equity in distribution of public resources for development.
Concerns raised by the States about ToR:
 Freedom of States to raise resources has been restricted by introduction of GST. They now have
hardly any major tax left with them to make a difference to State resources
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  Using population data of 2011 as a base for tax devolution should not reduce allocation of resources
to States that have successfully reduced rate of population growth. There is apprehension that more
resources would be diverted to northern states due to huge increase in population while southern
states will be punished for controlling their population.
 Current ToR go far beyond constitutional mandate of FC. There have been arguments that FC is being
used as an instrument of fiscal consolidation and to impose ideological and economic agenda of
Central government on States.
 To discontinue post-tax devolution of revenue deficit grants would go against the principle of
cooperative federalism.
 ToR are unprecedented in asking 15th FC to consider proposing performance-based incentives
beyond those relating to fiscal responsibility, population and devolution to local bodies. This reflects
an attempt to micro-manage fiscal domain of states.

States follow diverse paths of development and developmental challenges before each state are
different. FC must facilitate diversity and a democratic path of development by respecting principles of
equity and fairness in allocating resources between the Centre and States in India by taking into account
the concerns raised by states before finalizing its recommendations.

16. Discuss the evolution of the doctrine of Basic Structure of the Indian constitution.
Approach:
 Briefly introduce the concept of basic structure.
 Discuss the Supreme Court judgments related to the evolution of basic structure.
 Mention the final stand of the Supreme Court regarding the doctrine.
 Conclude
Answer:
The doctrine of basic structure was propounded by Supreme Court in Kesavananda Bharati Case (1973).
Though there is no exact definition for the doctrine, but its main aim is to put a limitation on the
amending powers of the Parliament (Art 368) so that the basic structure of the constitution is not
altered. In effect, they are the fundamental provisions and principles which are inherently important to
safeguard the spirit of the Constitution. It includes the Parliamentary system, independence of judiciary,
judicial review, rule of law, separation of power and sovereign, secular, republican nature of Indian polity,
among others.

Evolution of the basic structure can be understood with the help of following cases:
 Shankari Prasad Case, 1951: This case was to judge whether the Parliament is empowered to amend
Fundamental Rights (FRs) through Article 368 or not. This case came up when the Right to Property
was removed from FRs through First Amendment Act. The SC held that the power to amend the
Constitution under Article 368 also includes the power to amend FRs and that the word “law” under
Article 13 includes only an ordinary law and not Constitutional amendment which will be valid even
if it abridges or takes away any of the FRs.
 Golaknath Case, 1967: This case was related to 9th Schedule. In this case, SC reversed its earlier
judgment and held that FRs cannot be amended, as constitutional amendment acts come within the
ambit of Article 13, which makes any law violating FRs as unconstitutional.
 Kesavananda Bharati Case, 1973: This case was related to 24th Amendment Act which amended
Articles 13 and 368. The Supreme Court overruled the judgment in Golaknath Case and declared that
FRs can indeed be amended by the Parliament; however, it can not amend the 'basic structure' of the

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 constitution. Therefore, only those FRs which form the basic structure of the constitution can not be
amended.
In response to this judgment the Parliament brought 42nd Constitutional Amendment Act (1976).
This Act amended Article 368 and declared that there is no limitation on the constituent power of
Parliament and no amendment can be questioned in any Court on any ground including that of the
contravention of any of the Fundamental Rights.
 Minerva Mills Case, 1980: This case dealt with 42nd Constitutional Amendment Act. The SC held
that the power given within Article 368 is limited and not absolute, and also Judicial Review is a basic
feature and can not be taken away.
 Waman Rao case, 1981: The SC adhered to the doctrine of basic structure and clarified that it would
apply to all constitutional amendments enacted after April 24, 1973.
This doctrine continues to evolve and in its subsequent judgments the judiciary has further extended the
scope of basic structure.

17. Pressure groups are both similar to and different from political parties. Substantiate in the context of
India with adequate examples.
Approach:
 Briefly explain what you understand by political parties and pressure groups.
 State the similarities between political parties and pressure groups.
 Mention the differences between political parties and pressure groups.
 Substantiate the answer with examples in the Indian context.
Answer:
Political parties are organized groups of individuals who share the same political views and try to gain
political power through constitutional means. For example, national and regional parties, like BJP, INC
etc.
Pressure groups are also organized social groups whose members share common interests and attitudes
and seek to influence public policies in the light of these interests/attitudes. Examples include, FICCI,
Bharatiya Kisan Sangh etc.

Similarities between political parties and pressure groups:

 Both political parties and pressure groups are a structured group of people, who are directly or
indirectly related to the political system of a country.
 Both rely on recruited members to fund and serve their organisations.
 Both political parties and pressure groups are voluntary organizations as people are free to join or
leave them without any compulsion.

Differences between political parties and pressure groups:

 Political parties seek power to form the government; they nominate candidates, contest elections,
and participate in election campaigns. Pressure groups do not seek direct power; they only influence
those who are in power for moulding decisions in their favour.
 Pressure groups use conventional and non-conventional means to demonstrate their demands such
as demonstrations, protests, lobbying etc. Parties use constitutional and legal means to contest
elections and then execute their legal duties.
 Pressure groups work on self-interest and emerge and dissolve as per the needs of interested parties.
For e.g. Narmada Dharangrastha Samiti demanded justice for people affected by the Sardar Sarovar
dam. Political parties exist in continuity, while pressure groups exist according to the goal(s) to be
achieved.
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  The interests of the pressure groups are usually specific and particular whereas political parties have
policies and programmes with national and international ramifications.
 Pressure groups do not necessarily have political ideologies whereas political parties are usually
inclined towards particular ideologies.
Thus, political parties and pressure groups are not the same but their relationship is markedly close and
both play a vital role in the democratic functioning of a polity.

18. Explain the structure and functions of the National Green Tribunal. In what ways does the tribunal
maintain a balance between developmental activities and environmental concerns?
Approach:
 Briefly explain the establishment of the National Green Tribunal
 State its structure and its functions
 Discuss whether the tribunal maintains a balance between developmental activities and
environmental concerns
Answer:
The National Green Tribunal (NGT) was established under the NGT Act, 2010 for effective and
expeditious disposal of cases relating to environmental protection and conservation of forests and other
natural resources. It grants relief and compensation for damages to persons and property.
The NGT is not bound by procedure laid down under the Code of Civil Procedure, 1908, but is guided by
principles of natural justice. The principal seat of the tribunal is at New Delhi with other branches in
Bhopal, Pune, Kolkata and Chennai.
The NGT consists of a full-time chairperson and 10-20 judicial and expert members. The chairman may
invite any person having specialized knowledge and experience for a particular case. The tribunal has
jurisdiction over civil cases where substantial questions relating to the environment arise regarding
implementation of enactments specified in Schedule I of the NGT Act such as Air (Prevention and Control
of Pollution) Act, 1981, Environment (Protection) Act, 1986, Public Liability Insurance Act, 1991 etc.
The NGT plays a vital role in maintaining a balance between developmental activities and environmental
development. It has passed impactful verdicts on issues such as control of pollution, wildlife conservation
etc. Some examples include:
 It banned construction, industrial activities, entry of trucks etc. in Delhi when the pollution levels
were severe in 2017.
 It froze construction of a steel flyover project authorized by the Bangalore Developmental Authority,
as it lacked environmental clearance in 2017.
 It suspended environmental clearance of the Nyamjang Chu Hydro Project in Arunachal Pradesh to
protect endangered black-necked crane species in 2016.
 It imposed fine on Art of Living for degrading the ecology of Yamuna basin in 2017.

Sometimes, NGT’s decisions to protect the environment are in conflict with the development agenda due
to delay in environmental clearances, halt in economic activity etc. However, in the long run, such
decisions are vital for sustainable development as economic setbacks cannot be a reason to ignore wide-
ranging environmental problems.

19. The value of fundamental duties lies in establishing a democratic balance by making the people
conscious of their duties equally as they are conscious of their rights. Analyze.
Approach:
 Briefly describe fundamental duties and their broad features.

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  Highlight the significance of fundamental duties in establishing a democratic balance.
 Discuss the critique of the fundamental duties.
 Conclude by suggesting a few more duties to add.
Answer:
The Fundamental Duties (FDs) were added in Part IV A of the Constitution of India by the 42nd
Amendment on the recommendations of the Swaran Singh Committee. Their inclusion is inspired by the
erstwhile USSR Constitution and the rule of jurisprudence i.e. where there is a right there must be a
corresponding duty. .

Salient features of FDs

 A mixture of moral liabilities (that cherish ideals of freedom struggle) and civic duties (that respect
the Constitution).
 Codification of tasks, which have historically been integral to the Indian way of life.
 Applicable for citizens only.
 Non-justiciable.

The Fundamental Duties maintain a democratic balance, as they are complementary to Fundamental
Rights which guarantee constitutional rights of the citizens against the State and the DPSPs that impose
moral duties upon the State. Fundamental Duties gain significance, as they:

 Remind citizens of their duties while enjoying rights – therefore help strengthen democracy.
 Serve as a warning against anti-national and anti-social elements.
 Become source of inspiration for citizens, making them active participants in realization of national
goals.
 Can be used by the courts to determine the Constitutional validity of a law.
 Can be enforced by law of the Parliament – e.g. the Prevention of Insults to National Honor Act,
1971.

However, their balancing role is questioned due to following reasons:

 The list of duties is not exhaustive – important duties such as paying taxes, casting vote etc. are not
included.
 Being non-justiciable, they are reduced to a code of moral precepts.
 Some duties are vague, ambitious and difficult for the common man to understand – e.g. promote
scientific temper.
 FDs should have been added after part III to keep them at par with Fundamental Rights.

Though introduced by an amendment in the wake of emergency, the subsequent government did not
undo this change. The 86th Constitutional Amendment further added an 11th duty. This strengthens the
societal and political acceptance and approval of having a set of duties enshrined in the Constitution. The
Parliament should timely review the scope of duties to retain their essence.

20. What was hoped to be a 'dead-letter' of the Constitution has become one of the most controversial
provisions. Discuss in the context of Article 356.
Approach:
 Briefly explain Article 356 and the grounds for its imposition.
 Explain why it was hoped to be a ‘dead-letter’.
 Discuss how it has become the most controversial provisions of the Constitution.

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Answer:
Article 356 of the Indian Constitution empowers the Centre to take over the State Government on
certain grounds. Popularly known as the President’s rule it authorizes the President to assume both
legislative and executive powers of the state.
Grounds for imposition:
 Art. 355: It shall be the duty of the Union to protect every State against external aggression and
internal disturbance and to ensure that the government of every State is carried on in accordance
with the provisions of this Constitution.
 Art. 365: When State fails to comply with or give effect to any direction from the Centre.
It was hoped to be a dead-letter and was supposed to be used as a measure of last resort because:
 It is an extraordinary device in the hands of the Centre.
 It alters and infringes upon the federal feature of the Indian Constitution.
 It goes against the people’s mandate by removing the democratically elected State Government.
It has become controversial due to the following reasons:
 Frequent use: Since 1950, the President’s Rule has been imposed on over 100 occasions.
 Imposition on arbitrary grounds for political or personal reasons.
 Imposition when there are different parties at the Centre and State level.
 The expression ‘breakdown of constitutional machinery’ is not defined in the Constitution.
 Misuse of Art. 365 as ‘directions from the Centre’ are vague and unexplained.
 Biased and distorted reports sent by the Governor to the Centre, which results in imposition of
President’s rule.
 A law made by the Parliament during State Emergency continues to be operative even after it.

The Sarkaria Commission has recommended rare use of this article i.e. only after all the other
alternatives are exhausted. In S.R.Bommai vs. Union of India (1994), the SC held that the President’s
proclamation imposing President’s rule is subject to judicial review and is liable to be struck down if it is
based on irrelevant and malafide sources/intentions. The courts can reinstate the State Government in
such a case. This was recently upheld in the Nabam Rebia and etc. vs. Deputy Speaker and Ors. 2016.
Even after the SC ruling, many State governments were dismissed without the compulsory floor test.
Therefore, it is imperative to follow the SC directives in letter and spirit to promote the ideal of
cooperative federalism.

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