Ias Baba Mains Ans 2

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IAS B AB A
THINK LEARN
PERFORM (TLP+)
TLP+ 2022
Mains Test Series
GS-2
Test - 2 Synopsis
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THINK LEARN PERFORM PLUS (TLP+) TEST 2 (GS 2) SYNOPSIS
1. The constitution has a deeply embedded perception of India as a nation. Do you agree?
Critically comment.
Approach:
Answer should contain the following parts:
• Introduction – Define nation and contextualise in Indian context its essence.
• Body – mention different provisions of Indian constitution which strengthens Indian
nation.
• Mention the fissiparous tendencies which are threat to Indian nation with examples.
• Conclusion – Give a comparative analysis of Indian nation as compared to other
nations.
Key Words:
• Preamble • Single Citizenship
• Adult Franchise • Communalism
• Secularism • Casteism
Introduction
A nation refers to a group of people bound together by a common language, identity,

ethnicity, history etc. Indian nation is defined by shared historical experience, the struggle
against British colonial rule, shared vision of the future and developed through the
interpenetration of ideas emanating from different cultural sources. The making of the
constitution of India was an effort to protect and further strengthen the Indian nation.
Body
India gained independence in the year 1947 after a prolonged struggle against the Britishers.
However, on the eve of Independence India was still divided on various issues such as religion,
region, caste, and inequality. These problems were at the back of the mind of constitution-
makers which embedded the perception of the nation in the Indian constitution
Constitutional Provisions which strengthen the Indian Nation

• Preamble: The words fraternity included in the preamble reflects the need for a
common brotherhood of the Indian population which will cut across religion, caste,
language and ethnicity. This will create a united and integrated nation.
• Adult Franchise: The Constitution does away with separate electorates which divided
Indian society into religious lines and instead guarantees all the adults the right to vote
irrespective of religion, class, caste etc. Under Article 326 of the Constitution.
• Union of States: Constitution makers chose the word Union as opposed to federal.
Articles 3 and 4 make it clear that the Indian nation is a union and cannot be destroyed
by any means however internal rearranging of states is permitted.
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• Secularism: Articles 14,15 and 25-28 emphasise the creation of a secular society.
These principles were included to avoid frictions between different religions which
was observed in communal riots which led to the division of India.
• Single Citizenship: Indian constitution has allowed only single citizenship and that way
loyalty to only the Indian nation. Thus every person is an Indian irrespective of the
region where S/he resides and further it allows any person to reside in any corner of
India which will lead to cultural amalgamation and forming of a syncretic culture.
• Cultural Heritage: Article 51 A(F) says it shall be the duty of every citizen of India to
value and preserve the rich heritage of our composite culture and Article 49 directs
the state to protect monuments of historical significance. These provisions impart a
sense of common history through art and culture spread over thousands of years.
• Emergency Provisions: These provisions contained in part 18 of the constitution
provide for measures to protect the sovereignty and territorial integrity of the Indian
nation in an event of an attack by external forces. This strengthens the nation as seen
during wars with China in 1962 and Pakistan in 1965.
However, regardless of these provisions which pursue to wield people into a community of
the strong nation, there have been fissiparous tendencies due to these reasons:
• Communalism: Even with a secular constitution and pluralistic traditions there have
been communal conflicts which have put ahead religious identity over National
Identity. This has threatened the social fabric and integration. For example, the 1984
Anti-Sikh riots and the 2002 Godhra riots.
• Linguism: The provisions in the Indian constitution which provide for Hindi to be
gradually elevated to a lingua franca have caused discomfort in non-Hindi speaking
states, especially in Southern States. This tendency was at its height in 1969 in Tamil
Nadu when there arose a demand for Dravida Nadu.
• Regionalism: Indian constitution has respected regional aspirations but sometimes
aggressive regionalism tends to propagate separatist ideas as seen in the case of
demand for Khalistan, and Greater Nagalim in the past.
• Casteism: Even when Article 17 of the Indian constitution has abolished untouchability
the scourge of caste-based discrimination has not yet been eradicated. This is also due
to constitutional provisions of reservation, political propaganda and traditional
entrenched social structure, especially in rural areas.
Thus, we see that very factors that has led to diversity in India can also lead to subversion of
the idea of Nation. Nevertheless, the working of the Constitution over the past 7 decaded has
shown that these identities have been amalgamated into broader National identities thereby
enabling that diversity is celebrated but not feared.
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Conclusion
Indian constitution was visionary in the sense that it bonded the people of different caste,
religions, cultures and ethnicity into a strong community of the nation. This even looks more
successful when compared with the nations which got Independence at the same time as
India and have failed to evolve into a modern nation such as Myanmar, Pakistan, and several
African nations.
Value Additions and Facts/Figures

Nation-States
• Political scientists use the term nation-state to refer to modern countries and their
political apparatuses.
• A nation-state is a state that rules over a single nation.
• France, for example, is a nation-state, as is Japan.
• The people in both countries overwhelmingly share a common language, history, and
culture.
• The term nation-state reflects the situation in which the boundaries of a state coincide
with the geographical area occupied by a nation.
• There are nations that are not states, such as Kurdistan, a region in the Middle East
lacking firm borders that is occupied by Kurds, but it is not considered to be an
independent state by its neighbouring nations of Syria and Turkey.
2. The 42nd amendment is a watershed in India’s constitutional history. Elucidate.
Approach:
• Introduction – Mention the year and the committee which recommended 42 nd
Amendment.
• Body – Write how the widespread amendment was watershed with examples
• Conclusion – Summarise the answer in brief.
Key Words:
• Swaran Singh Committee • Central Dominance
• Federalism • 44th Amendment
• Sustainable development
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Introduction
The year 1976 is remembered as a landmark for the Indian Constitution, because of the
sweeping changes made by 42nd Constitutional Amendment Act (CAA) whose effects can still
be felt to this day. It was majorly based on the proposals made by Swaran Singh Committee.
Body
The 42nd CAA that was brought in during the Emergency time period is considered as
landmark due to the following elements:
• Large number of Changes: It is sometimes referred to as “mini Constitution” for it
amended the Preamble of the Constitution, 40 Articles, Seventh Schedule and added
14 New Articles to the Constitution.
• Characterisation of India: Words ‘Socialist’, ‘Secular’ and ‘Integrity’ added to the
Preamble. The original Constitution makers deliberately kept these concepts out of
the Preamble because laying down the policy of State and organization of society
should depend upon the needs of people as per time and circumstances.
• Federal Balance: It led to dilution of federal structure in India whereby a large number
of subjects on which the states previously had autonomy were altered. For example,
it transferred subjects such as Forests, Administration Justice, Education to concurrent
list from the state list.
• Supremacy of Parliament: It made President bound to the advice of the cabinet and
gave special discretionary powers to the speaker of the Lok Sabha and Prime Minister.
Further by introducing limitation on Judicial review it made parliament a supreme
body.
• Supremacy of Directive Principles over Fundamental Rights: Directive Principles were
given precedence over Fundamental Rights by insertion of Article 31C.This altered the
original structure of constitution where Fundamental rights were having precedence.
• Central dominance: Insertion of Article 257A, to enable the Centre to deploy armed
forces to deal with any grave situation of law and order arising in any State. This has
led to suppression of state autonomy and has led to constant frictions.
• Executive Role in Justice dispensation: Tribunals were not part of the original
constitution, it was incorporated in the Indian Constitution by 42nd Amendment Act,
1976.It inserted articles 323 A and 323 B. It was done to reduce pendency of the cases
and grant relief to citizens.
• Duties complimentary to Rights: The Amendment added Ten fundamental duties to
the constitution with insertion of Article 51A.Thus, it was made clear that citizens have
both rights and duties. This placed Indian constitution in line with the socialist
constitutions of the world.
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• Sustainable Development: Article 48 A was added to protect and improve the

environment and to safeguard forests and wildlife. This was in line with the global
development around sustainable development which was emphasised in Stockholm
Conference of 1972.
The 42nd amendment was also watershed for its aftermath where for the first time in Indian
history, a non-congress led government was formed in India after elections post emergency.
Under the leadership of Morarji Desai, Janta Party Government started the work of reforming
the Constitution.
• The powers of the Supreme Court and High Courts were provided back to them
through the 43rd Amendment.
• Along with the strengthening of the Judiciary and removing the major negatives of
42nd amendment, the 44th Amendment has also done the task of strengthening the
Constitution.
• The 44th amendment did changes in emergency provisions to make it hard for any
government to impose emergency by making wide scale changes to article 352, 356,
358 and 359.
Conclusion
Therefore the 42nd amendment act made sweeping changes to the majority part of the
constitution of which some were positive and constructive while some were destructive of
the democratic nature of Indian polity.
Relationship between the 44th Amendment Act and the 42nd Amendment Act
• The 44th Amendment Act was introduced by the government in 1978. The act was
enacted to overturn the provisions of the 42nd Amendment Act of 1976.
• The 44th Amendment Act changed the Constitution's emergency provisions and made
them more difficult to abuse in the future.
• It reinstated the Supreme Court's and High Courts' jurisdiction and powers, which they
had before to the passage of the 42nd Amendment Act.
• Article 226 was changed to restore the power of the High Courts to issue writs for
purposes other than the enforcement of basic rights.
• The 44th Amendment Act removed the Right to Property from the list of fundamental
rights and established them as legal rights.
• Previously, the grounds for declaring a national emergency were external aggression
and internal disturbances, but the 44th amendment changed the word "internal
disturbances" to "armed rebellion."
• The 44th Amendment Act of 1978 added a new Directive Principle requiring the state
to minimise inequalities in income, status, facilities, and opportunities (Article 38).
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3. Discuss the key Supreme Court rulings that have contributed towards the expansion of
the meaning and scope of the right to life.
Approach:
• Introduction – write about article 21 of Indian constitution in brief.
• Body – With Help of different cases explain the expanding scope of Right to life.
• Conclusion – Mention how the interpretation has made Indian constitution a living
document.
Key Words:
• Procedure Established by Law
• Maneka Case
• Due process of law
• Right to medical care
• Decriminalisation of Homosexuality
• Living document
Introduction
According to article 21 of the Indian constitution “No person shall be deprived of his life or
personal liberty except according to procedure established by law”. This right has been held
to be the heart of the Constitution, the most organic and progressive provision in our living
constitution, and the foundation of our laws.
Body
3
Supreme Court Rulings Which Formed a Base for Wider Interpretation of Article 21
• Gopalan case (1950): The court held that the protection under Article 21 is available
only against arbitrary executive action and not from arbitrary legislative action. This
meant that the State can deprive the right to life and personal liberty of a person
based on a law. This was because of the expression ‘procedure established by law’ in
Article 21, which is different from the expression ‘due process of law’ contained in the
American Constitution.
• Menaka case (1978): However the Supreme Court overruled its judgement in the
Gopalan case by taking a wider interpretation of the Article 21. Therefore, it ruled that
the right to life and personal liberty of a person can be deprived by a law provided the
procedure prescribed by that law is reasonable, fair and just. In other words, it has
introduced the American expression ‘due process of law’.
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The interpretation of Article 21 in the Maneka case formed the basis for the later rulings
which expanded the ambit of the Right to life and personal liberty. This has led to the
expansion of rights as follows:
• Right to Free Legal Aid: In M.H. Hoskot v. State of Maharashtra (1978) case the
Supreme Court said that the Right to free legal aid is an integral part of fair procedure.
Further, the court argued that the Right to appeal will include serving a copy of a
judgement to the prisoners and provision of free legal service to the prisoner who is
otherwise disabled from securing legal assistance.
• Right to Speedy Trial: In Hussainara Khatoon v. Home Secretary, State of Bihar (1979)
case, it was brought to the notice of the Supreme Court that an alarming number of
men, women, and children were kept in prisons for years awaiting trial. The Court took
a serious note of the situation and observed that the Right to Speedy Trial is a
fundamental right and the state should work to fasten the trial and also release it
under trials if it fulfils certain criteria.
• Right to Live with Human Dignity: In Sunil Batra v. Delhi Administration(1979) case
the Supreme Court said that the right to life included Right to Live with Human Dignity.
It also includes the right to protection of a person's tradition, culture, heritage and all
that gives meaning to a man's life.
• Right to Clean Environment: In M.C. Mehta v. Union of India (1986) case Supreme
court held that The Right to Life under Article 21 includes the Right to a Clean
Environment which is a life of dignity to live in a proper environment free from the
dangers of diseases, pollution and infection.
• Right to Reputation: In Smt. Kiran Bedi v. Committee of Inquiry (1989) Case Supreme
Court held that Right to Reputation was an element of personal security and was
protected by the Constitution, equally with the right to the enjoyment of life, liberty,
and property. The court affirmed that the right to the enjoyment of private reputation
was of ancient origin and was necessary to human society.
• Right to Medical Care: In Parmananda Katar v. Union of India (1989) case, Supreme
Court has very specifically clarified that preservation of life is of paramount
importance. The Apex Court stated that once life is lost, it cannot be restored. It was
held that it is the professional obligation of all doctors to extend medical aid to the
injured immediately to preserve life without legal formalities. Thus establishing the
Right to Medical Care.
• Right to Education: In Mohini Jain Vs The state of Karnataka (1992) case court argued
that the right to education is concomitant to the fundamental rights. Thus the state is
under a Constitutional mandate to provide educational institutions at all levels for the
benefit of the citizens. Based on this Indian government has made amendments to the
constitution and inserted Artice 21A which affirms the Right to education.
• Right to Safe Working Environment: In Vishakha v. State of Rajasthan(1997) case the
Supreme Court declared sexual harassment of a working woman at her work amounts
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to the violation of rights of gender equality and rights to life and liberty which is a clear
violation of Articles 14, 15 and 21 of the Constitution.
• Right to Privacy: In Justice KS Puttaswamy (Retd.) Vs. Union of India (2017) case, the
court pronounced that the right to privacy is protected as an intrinsic part of the right
to life and personal liberty under article 21 and as a part of the freedoms guaranteed
by part III of the constitution.
• LGBT Rights/ Right to Sexual Orientation: Navtej Singh Johar Vs. Union of India (2018)
case proved to be another milestone in the development of right to privacy. The
Section 377 of the Indian Penal Code was been partially struck down by
decriminalising Homosexual relations between consenting adults. Now, LGBT
individuals are legally allowed to engage in consensual intercourse.
Conclusion
Thus the Supreme Court has widened the scope and meaning of the Right to life and personal
liberty as mentioned under article 21 by its constant reinterpretation as per the need of the
hour. This has given the Indian constitution a characteristic of a living document which evolves
with each judgement according to the requirement of time and thus enlarging the scope of
rights for citizens of the nation.

Following Rights have been declared as part of Article 21 by the Supreme Court of
India:
• Right to live with human dignity.
• Right to decent environment including pollution free water and air and protection
against hazardous industries.
• Right to livelihood.
• Right to privacy.
• Right to shelter.
• Right to health.
• Right to free education up to 14 years of age.
• Right to free legal aid.
• Right against solitary confinement.
• Right to speedy trial.
• Right against handcuffing.
• (Right against inhuman treatment.
• Right against delayed execution.
• Right to travel abroad.
• Right against bonded labour.
• Right against custodial harassment.
• Right to emergency medical aid.
• Right to timely medical treatment in government hospital.
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• Right not to be driven out of a state.

• Right to fair trial.
• Right of prisoner to have necessities of life.
• Right of women to be treated with decency and dignity.
4. India’s federal structure of polity poses numerous challenges for governance. Do you
agree? What are the institutional measures in place to address those? Discuss.
Approach:
● Introduction with mention of federal nature of India
● Your view about India’s federal structure posing numerous challenges for governance
● Institutional measures to address these challenges
● Conclusion
Key Words:
● Centralisation and decentralisation of power
● Quasi-federal state
● Asymmetric nature of Indian federalism
● Inter-state river water disputes
● Ayushman Bharat
● GST Council
Introduction
In a multi-ethnic, multi-cultural plural society like India, federal political system faces new
challenges where tensions between centralisation in certain spheres of governance and
decentralisation in others is becoming the essence of newly emerging form of federalism.
Body
According to K.C.Wheare the Indian Constitution, can be described as ‘a system of

government which is Quasi Federal a unitary state with subsidiary federal state with
subsidiary unitary features.’ In this context, the federal structure of India’s polity can be seen
from the following points:
● Article 1 of the Constitution of India states that ‘India that is Bharat shall be a union of
states’. Indian federation was not a product of coming together of states to form the
federal union of India.
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● It is a compromise between two conflicting considerations such as autonomy enjoyed

by states within the constitutionally prescribed limit (State List) and the need for a
strong centre in view of the unity and integrity of the country (Union List).
● India’s federalism is asymmetric in nature. The main forms of administrative units in
India are the Centre and the States. Besides the Centre and the States, the country
has Union Territories with a legislature, and Union Territories without a legislature.
● Also there are few regions with different set of laws like the Sixth Schedule to the
Constitution contains provisions for the administration of tribal areas in Assam,
Meghalaya, Tripura and Mizoram. These create autonomous districts and
autonomous regions.
This federal structure poses challenges for governance, as evident from the following points:
1. Inter-state river water disputes – Inter-state Rivers have become sites of contestation
between states because of the conflictual federalism which creates problems of water
availability. Governance is badly affected due to competing resource utilisation. For
example, the Kaveri River Water dispute between Karnataka and Tamil Nadu.
2. Internal security challenges – Increased regional demands such as creation of new
states developmental issues and access to the resources has led to the conflicts taking
India’s internal security a hostage. For example, demands for separate states in North
east and its effect on insurgency.
3. Social justice impacted – Because of the nature of federal polity with distribution of
subjects and agriculture and land distribution coming under the purview of states,
idea of land reforms could not be materialised as envisaged, which creates governance
challenges.
4. Uneven development – Uneven development is one of the important issues arising
out of the existing federal structure in India as many of the states inspite of being
resource rich could not prosper because policy paralysis and politics based on
emotions of caste, and communalism thus development took a back seat.
5. Taxation issues – If the central government want to increase or decrease GST rates it
has to get the support of states, which may restrict its taxation abilities. In GST Council
Central government enjoys 33% vote while the states account for 66% and any major
decision requires 75% support.
6. Police reforms and Law & Order – Lack of uniformity in police procedures and lack of
effective coordination amongst various State Police departments is hindering Central
government’s capabilities to handle inter-state crimes which has impact on National
Security. For example, counter terrorism operations in some states.
7. Government schemes impacted – The competing politics of present times, along with
polarisation has led to non-acceptance of many central schemes by some states. For
example, West Bengal’s refusal to join the Ayushman Bharat initiative and opposition
to National Educational Policy (NEP).
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Even as Indian federalism has a bias for the Union government, the federal structure has also
helped governance in the following manner:
● The open market economy deregulated the economic interactions which were earlier
strongly controlled by the Union government which led to the state governments
getting relative autonomy to initiate business endeavours and bring in foreign
investments through reforms in their respective states.
● The federalism phase also witnessed further decentralisation of Indian politics as the
73rd and 74th Amendments were passed in 1992 to strengthen the functioning of the
third tier of Indian federalism in the Municipal and Panchayat level. This strengthened
the ground for the empowerment of governance at the grassroots.
● The most important moment for federalism in this phase is the revelation of the vital
role of state governments on the ground in managing the COVID-19 crisis. After initial
challenges, the Union government ceded adequate space and autonomy to the states
for strengthening their healthcare facilities, managing the localised lockdowns, and
implementing social security measures to mitigate the impact of the pandemic.
The institutional measures available to address the challenges to governance arising out of
India’s federal polity can be seen from the following points:
1. Integrated Judiciary – where Supreme Court is at the top followed by the High Courts
and then the subordinate civil and criminal courts to maintain same application of
laws through India, helping in giving same standards of justice delivery.
2. Inter State Councils – inserted later in the constitution (Article 263) to tackle the
problem of disharmony among centre and states, facilitate coordination among states
as well as between centre and states promoting cooperative federalism.
3. Finance Commission – constituted by the President every 5 years to decide the
formula based on which funds are devolved to the States and local government
despite them deriving their powers from the constitution and not the Centre. This
ensures finances for governance aspects are impartially distributed.
4. Comptroller and Auditor General (CAG) – to conduct audits and keep a check on the
public purse being spent by the government at the Centre and states. Ensures
accountability across the federal polity of the nation.
5. Union Public Service Commission (UPSC) – which conducts competitive examination
for All India Services whose officers are posted at all the levels of the government to
maintain similar level of administration throughout the country.
6. Election Commission of India – it’s an integrated election machinery system which
conducts election at both the levels- Centre and States. This ensures basic democratic
functioning and thus electoral governance is strengthened.
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Conclusion
The core objectives of Indian federalism are unity in diversity, devolution in authority, and
decentralization in administration where a diverse country like India needs a proper balance
towards maintaining the needs of the states where they can frame and implement laws and
policies according to their needs.
● Go through former Prime Minister Dr. Manmohan Singh’s speech at International

Conference on Federalism given in this link -
(https://www.outlookindia.com/website/story/the-challenge-for-
federalism/235946). This can be useful fodder for your notes.
● Through federalism, the State pursues the goal of common welfare in the midst of
wide diversity in socio-cultural, economic spheres. In fact, large plural democracies
have been successful only by having federalism sculpted into their institutional
architecture.
● Federalism has been a governance issue across nations of all types, particularly in
the context of the need to have governance as close to people as possible and to
enforce accountability.
● The GST reform tells us that consensus building is not a one-time exercise.
Sustained dialogue and deliberation are important to allow a maximum
convergence of interests between centre and states in dealing with the issues
created out of the existing federal structure.
● Centralisation is not a panacea for all the ills rather harmonious relationship
cooperation and collaboration is important to strengthen cooperative federalism
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5. Explain the pricing dynamic of fuel prices. What are the fiscal instruments available with
the centre and states to check fuel inflation? Explain.
Approach:
● Introduction with mention of recent trends in fuel pricing
● Explain the pricing dynamic of fuel prices
● Explain the fiscal instruments available with the centre and states to check fuel
inflation
● Conclusion
Key Words:
● Demand and supply dynamics
● Trade parity price (TPP)
● Daily pricing mechanism
● Unexplained pauses to price changes
● Excise duty cut
● Crude oil imports
Introduction
The recent bull rally in global oil prices in the backdrop of Ukraine-Russia war has effectively
meant that crude oil prices have risen by an unbelievable amounts. Since more than 80
percent of India's oil demand is met via imports, any surge in global Brent crude price has a
sizeable impact here, as both petrol and diesel are now fully deregulated. The price of any
commodity, including oil, is driven by demand and supply dynamics.
Body
The pricing dynamic of fuel prices in India can be understood from the following points:
1. The price of petrol and diesel in India is not determined by the actual costs incurred
by PSU refiners. These include crude oil sourcing, refining and marketing costs
incurred by Indian Oil, HPCL and BPCL.
2. Rather, a formula named the trade parity price (TPP) is used to price these products.
It assumes that 80% of petrol and diesel is imported into India and 20% is exported.
Thus, petrol and diesel prices in India are determined based on prices of these fuels in
the international market and not on the basis of crude oil prices.
3. The international petrol and diesel prices generally move in line with crude oil prices.
But it need not always be the case, given that demand and supply dynamics could be
different.
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4. The TPP in dollars is converted to rupees. Then comes other costs and margins of the
oil companies, dealer commission and taxes. From mid-June 2017, the pricing of petrol
and diesel is done through a ‘daily pricing’ mechanism, based on a 15-day rolling
average international rate. So, time lag has an effect too. Further, the weakening of
the rupee against the dollar over the years has added to the fuel’s cost.
5. Besides pricing mechanism and taxes, there are unexplained pauses to price changes,
leading to opacity in pricing. E.g. For more than 80 days between March and June
2020, the fuels’ prices were frozen when they should have actually fallen.
The increase in retail price inflation in petrol and diesel for vehicles for personal use
contributed around 30% to the rise in year-on-year inflation in April over March, 2022. In this
context, the fiscal instruments available with the centre and states to check fuel inflation
include:
● Reducing taxes on petroleum products – will result in a reduction in costs of transport
and thereby reduces the fuel inflation. Here, cutting the excise duty on petrol and on
diesel can give relief to consumers.
● Role of state governments – It is not the central government, but state government
taxes that are the biggest component of petrol prices, thus there is need for state
governments to cut taxes to ensure controlled fuel inflation.
● Increasing Revenue sources – Instead of depending on these taxes on petrol & diesel,
the Indian government needs to create more revenue sources such as increasing
number of people paying income tax, recovering bad loans of public sector banks etc.
● Grants to tap indigenous reserves – To reduce the dependence on crude oil imports,
there is a need to invest in the exploration of crude oil reserves in the country as more
people are buying their own vehicles and demand for petrol and diesel is increasing.
● Fiscal help to EV’s – There is a dire need to encourage people to use electric vehicles
and to use renewable energy resources. This will reduce the burden on foreign
exchange reserves as well as leads us towards eco-friendly living.
Conclusion
The ongoing transition from an 'oil economy' to a 'gas economy' along with drastic reforms in
fuel pricing policy can help in avoiding the negative effects of high fuel inflation where adding
petrol and diesel in GST can make transformational changes in pricing of fuels in India.
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6. Lack of finance has been a perennial challenge for local bodies. In this regard, please
suggest some innovative resource mobilization measures at the local level.
Approach:
● Introduction explaining local bodies
● Show how lack of finance is a perennial challenge for local bodies
● Suggest innovative measures for resource mobilization at local level
● Conclusion
Key Words:
● Devolution of Power
● Service Availability
● 73rd and 74th constitutional amendments
● Municipal Bonds
● Alternate sources of revenue
● Finance Commission’s
Introduction
Local bodies are institutions of the local self-governance, which is a State subject and article
243 G of the Indian Constitution enshrines the basic principle for devolution of power to the
Local Bodies. In the nation’s journey towards becoming an economic power, local bodies play
an important part in enabling service availability to the citizens where lack of finance for these
bodies is seen as a stumbling block.
Body
As the objective of the formation of local bodies was to ensure equitable and all-round
development of urban and village areas, finances play an important role in strengthening the
local bodies to function. Issues involved in finances can be seen from the following points:
● States were empowered to constitute Finance commission for the proper devolution
of finances to the local bodies and were given freedom to act accordingly. This created
a gap in the actual devolution mechanism.
● After 30 years of decentralisation, local government expenditure in India as a % of
GDP is only 2%, as compared to emerging economies like China (11%) and Brazil (7%).
● Local bodies lack the capacity to properly impose taxes, due to ambiguous taxation
norms, lack of reliable records, and so on.
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● Most local bodies, both rural and urban are unable to generate adequate funds from
their internal sources, and are therefore extremely dependent on external sources for
funding.
● Studies show that around 80 percent to 95 percent of revenue is obtained from
external sources, particularly state and central government loans and grants.
● State governments have not devolved enough taxation powers, as these are not under
the compulsory provisions of the 73rd and 74th amendments. Most states only permit
local bodies to collect property taxes and water tariffs, but not land tax or tolls.
In this regard, following can be some innovative resource mobilization measures for the local
bodies:
1. Encouraging municipal bonds – Credit rating of cities and towns is a step in the right
direction for issuing Municipal Bonds for mobilization of resources. For example, in
June, 2017, Pune Municipal Corporation had raised money through municipal bonds
to finance its 24x7 water supply project.
2. Improvements in tax structures and infrastructure – Devolving more taxation powers
along with improving efficiency and transparency in collection and mobilization of
resources. Here, use of Information and Communication Technology (ICT) can be
prioritised.
3. Alternative sources of revenue – There is a need to explore alternative sources of
revenue generation by the local bodies such as entertainment tax, mobile towers, user
charges for solid waste, water, parking, value capture financing and monetization of
infrastructural facilities like parks, roads.
4. Property tax related – As they are the major sources of revenue for local bodies, there
is need for review of property tax system which suffers from undervaluation; non-
availability of database of properties; low rates; low collection efficiency and lack of
indexation of property values.
5. Networks of local bodies – Creating networks of Panchayati Raj Institutions and local
government elected representatives in physical and virtual forms, and extending
these networks to international networks over a period of time.
6. Knowledge sharing – Providing a platform for knowledge management in the PR and
local governance space including collation and dissemination of a body of knowledge
including best practices/innovations/case studies.
7. Strengthening the Trust Based Approach for LBs – The 14th FC had recognised the
need to trust and respect local bodies as institutions of local self-government.
8. Focus on devolving three F’s – Policy and action research on issues such as devolution
of 3Fs (Funds, Functions and Functionaries), socio-political impact of their
performance, practices for conflict management on governance issues etc.
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However, there are other reasons too which hinder the proper functioning local bodies such
as excessive state control, creation of Parastatal agencies, infrastructural inadequacies, etc.
which also need to be tackled through the implementation of various recommendations of
Finance Commissions (FCs), Standing committees of Parliament, etc.
Conclusion
A well-funded local government with clearly delineated functions is best positioned for all
round and equitable development. India’s burgeoning population and rising aspirations of
youth necessitates need for further measures to empower local bodies to ensure the
transformation from “Swarajya to Surajya” in the context of goals of ‘New India’.
● The 73rd Constitutional Amendment requires both the Centre and states to help
Panchayati Raj institutions to evolve as a unit of self-governance by assigning them
funds, functions and functionaries. In this regard, the Tenth Finance Commission first
made a provision for explicitly supporting local bodies through grants.
● Further, the 15th Finance Commission has made various efforts towards
strengthening the finances of local bodies, some of which include –
1. To account for increasing urbanization the share of urban local bodies in
Finance Commission grants to local bodies should be gradually increased to 40
per cent over the medium term.
2. To provide for tied grants in the critical sectors of sanitation and drinking water
to ensure additional funds to the local bodies over and above the funds
allocated for these purposes under the centrally sponsored schemes (CSS),
Swachh Bharat and Jal Jeevan Missions.
3. To recommend grants to all tiers of the Panchayati Raj to enable pooling of
resources to create durable community assets and improve their functional
viability. Also, to give grants to the Fifth and Sixth Schedule areas and
Cantonment Boards.
4. The 15th Finance Commission has also recommended a total of Rs 90,000
crore for grants to the local bodies in 2020-21. This amounts to an increase
over the Rs 87,352 crore allocated for 2019-20 for the same. The new
allocation is 4.31% of the divisible pool. Of this sum, Rs 60,750 crore has been
recommended for rural local bodies, and Rs 29,250 crore for urban local
bodies. These grants will be made available to all three tiers of Panchayat-
village, block, and district.
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7. Over the past few decades, writs and PILs have become key instruments for taking
cognizance of several public issues of significance. Elucidate.
Approach:
● Introduction with mention of writs and PILs
● Explain writs and PILs and their use
● Their use as key instruments for taking cognizance of public issues
● Brief mention of issues involved in writs and PILs
● Conclusion
Key Words:
● Article 32 and 226 of the constitution
● Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto
● Concept of ‘Locus Standi’
● Complete justice
● Justice Krishna Iyer
Introduction
A Public Interest Litigation also known as PIL can be broadly defined as litigation in the interest
of the public in general. PILs are extensions of Writ Jurisdiction. Therefore, PILs may be filed
either before the Hon’ble Supreme Court of India under Article 32 of the Indian Constitution
or any High Court under Article 226 of the Indian Constitution.
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Writs:
● The Supreme Court of India is the defender of the fundamental rights of the citizens.
For that, it has original and wide powers. It issues five kinds of writs for enforcing the
fundamental rights of the citizens. The five types of writs are Habeas Corpus,
Mandamus, Prohibition, Certiorari and Quo-Warranto.
● However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts
are also empowered to issue writs for the enforcement of the Fundamental Rights.
Writ jurisdictions play a vital role in ensuring justice for the aggrieved citizen. To
ensure fundamental rights writ are necessary instrument which empower citizens.
● But the high cost and complicated procedure involved in litigation, however, makes
equal access to jurisdiction mere slogan in respect of millions of destitute and
underprivileged masses stricken by poverty, illiteracy and ignorance.
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Public Interest Litigation (PIL):

● The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby
throwing upon the portals of courts to the common man. The seeds of the concept of
public interest litigation were sowed for the first time by Justice Krishna Iyer in
Mumbai Kamgar Sabha v Abdul Thai case.
● Any individual or organisation can file a PIL either in his/her/their own standing i.e. to
protect or enforce a right owed to him/her/them by the government or on behalf of
a section of society who is disadvantaged or oppressed and is not able to enforce their
own rights.
In this context, the growth of writs and PILs as key instruments for taking cognizance of
several public issues of significance have increased in recent decades due to:
1. Relaxed rule of locus standi – PILs can be filed by any person for the welfare of others
who are disadvantaged and are thus unable to approach the courts themselves. Thus,
the general rule of locus standi has been relaxed in cases of PILs to protect and
safeguard the interests and rights of these disadvantaged people.
2. SC’s insistence on fundamental rights – SC has said that the right to approach the
Supreme Court under Article 32 is itself a fundamental right and that if a citizen of
India is deterred in any case from approaching this Court in exercise of his right under
Article 32 of the Constitution of India then it would amount to a serious and direct
interference in the administration of justice in the country.
3. Relaxed procedural rules – Courts have treated even a letter or a telegram as a PIL as
in the case of Rural Litigation & Entitlement Kendra, Dehradun vs. State of Uttar
Pradesh. Even the law regarding pleadings has been relaxed by the courts in cases of
PILs.
4. Creative interpretation – Although social and economic rights given in the Indian
Constitution under Part IV are not legally enforceable, courts have creatively read
these into fundamental rights thereby making them judicially enforceable. For
instance the ‘right to life’ in Article 21 has been expanded to include right to free legal
aid, right to live with dignity, etc.
5. Question of maintainability – The Government may not be allowed to raise questions
as to the maintainability of the PIL if the court is prime facie satisfied that there is a
variation of any constitutional rights of a disadvantaged category of people.
6. Complete Justice – Under Article 142 of the Constitution of India, the Supreme Court
of India has the discretionary power to pass a decree or order as may be necessary to
do complete justice.
7. Appointment of a Commission – In special circumstances, a court may appoint a
Commission or other bodies to investigate. In the event that the Commission takes
over a public institution, the Court may direct management of it.
8. Sensitive judges have constantly innovated on the side of the poor – For instance, in
the Bandhua Mukti Morcha case in 1983, the Supreme Court put the burden of proof
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on the respondent stating it would treat every case of forced labor as a case of bonded
labor unless proven otherwise by the employer.
At the same time, some of the issues faced due to this increased use of writs and PILs can be
seen from the following points:
● Misuse of PILs – Courts are extremely cautious to ensure that PILs are not misused as
the misuse of PILs would defeat the very purpose for which it was conceived i.e. to
come to the rescue of the poor and the downtrodden.
● If a writ petition is filed directly in the Supreme Court, the petitioner has to establish
why the High Court was not approached first.
● Increased burden on judiciary which is reducing the efficiency of judiciary due to
already backlogs from earlier times.
Conclusion
Writs are essential to enforce not only fundamental rights but also useful for other purposes
i.e. enforcement of an ordinary legal rights. Together with PILs, it has radically altered the
traditional judicial role so as to enable the court to bring justice within the reach of the
common man.
● Justice Bhagwati emphasized the need for PIL in India and held that “if public duties
are to be enforced and social collective “diffused” rights and interests are to be
protected, we have to utilize the initiative and zeal of public-minded persons and
organizations by allowing them to move the Court and act for a general or group
interest, even though they may not be directly injured in their own rights”.
● Moreover, where a petitioner moves the Court in his private interest to seek redressal
for his personal grievances, the Court in furtherance of public interest may enquire
into the subject matter of the litigation in the interest of justice. Thus, public interest
litigation relates to the nature of the proceedings and no one particular forum is
competent to deal with such litigation.
● The courts have formulated various concepts like in environmental law cases where
the courts have formulated and evolved several concepts including the Polluter Pays
Principle, the Precautionary Principle, the Public Trust Doctrine and Sustainable
Development.
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8. Parliamentary committees impart intellectual rigor to the law-making process. What do

you understand by this statement? Explain with the help of suitable examples.
Approach:
● Introduction- Give a brief about parliamentary committee.
● Details about functioning of parliamentary committee.
● Provide solution to the problems found.
● Conclusion- emphasise on Parliamentary committee strengths.
Key Words:
● Parliament
● Parliamentary committee
● Intellectual rigor
● Shortcomings/ malfunctioning
Introduction
Representativeness, Responsiveness and Accountability are the foundational pillars of

Parliamentary democracy. In India, Parliament has broadly two functions, which are law-
making and oversight of the executive branch of the government.
Parliament is the embodiment of the people’s will and parliamentary committees are an
instrument of Parliament for its own effective functioning. Over the years, the Indian
Parliament has increasingly taken recourse to the parliamentary committee system.
Body
As is the case with several other practices of Indian parliamentary democracy, the institution
of Parliamentary Committees also has its origins in the British Parliament
Parliamentary committees draw their authority from Article 105 (on privileges of Parliament
members) and Article 118 (on Parliament’s authority to make rules for regulating its
procedure and conduct of business).
Parliamentary committees impart intellectual rigor to the law-making process.

▪ Inter-Ministerial Coordination: They are envisaged to be the face of Parliament in a
set of inter- related departments and ministries.
o They are assigned the task of looking into the demands for grants of the
ministries/departments concerned, to examine Bills pertaining to them, to
consider their annual reports, and to look into their long-term plans and report
to Parliament.
▪ Instrument For Detailed Scrutiny: Committee reports are usually exhaustive and
provide authentic information on matters related to governance. Bills that are
referred to committees are returned to the House with significant value addition.
o Besides the standing committees, the Houses of Parliament set up ad hoc
committees to enquire and report on specific subjects that are assigned the
task of studying a Bill closely and reporting back to the House.
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▪ Inputs of Experts: People’s representatives may not have the in-depth technical
knowledge about the policy or bill and this is where Committees come to their aid. In
the discharge of their mandate, Parliamentary committees can solicit expert advice
from public & specialists enabling a more robust law.
▪ Complexity of Issues can be dealt with: Given the increasing complexity in matters of
economy and technological advancement (like Crypto currency, block chain etc) there
is a need for advisory expertise, data gathering and research facilities, which are
provided by Parliamentary Committees.
▪ Reduced Populism enables Long-term interest: Also, Parliamentary committees are
not bound by the populistic demands that generally act as hindrance in working of
parliament. Their inputs thus ensures that short term interests of political parties
don’t overpower long term interest of nation.
▪ Less Scope for Tyranny of Political Parties: As committee meetings are ‘closed door’
and members are not bound by party whips, the parliamentary committee work on
the ethos of debate and discussions.
▪ Working as Mini-Parliament all throughout the year: These Committees are smaller
units of MPs from both Houses, across political parties and they function throughout
the year. Thus, they are not confined to the sessions of the Parliament.
▪ Great Training Schools: Moreover, they work away from the public glare, remain
informal compared to the codes that govern parliamentary proceedings, and are great
training schools for new and young members of the House.
A Gradual Marginalisation
▪ Decline in Matters Referred: According to data by PRS Legislative Research, while 60%
of the Bills in the 14th Lok Sabha and 71% in the 15th Lok Sabha were referred to
DRSCs concerned, this proportion came down to 27% in the 16th Lok Sabha.
o Apart from the DRSCs, there are negligible bills referred to Select Committees
of the Houses or Joint Parliamentary Committees.
o The last Bill referred to a Joint Parliamentary Committee was The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Second Amendment) Bill, in 2015.
▪ Neglected in The Matters of Great Public Importance: Some of the most momentous
Acts of Parliament in recent years such as the overhaul of Article 370 that revoked the
special status of Jammu and Kashmir and divided the State into two Union Territories
were not processed by any House committee.
o Recently, even after popular protests against the three Bills related to
agricultural produce and the three labour Bills, that definitely deserved to be
scrutinised by Select Committees of the Houses, were passed by the
government only by using the majority.
▪ Other Shortcomings: Other issues affecting the functioning of the committees are low
attendance of MPs at meetings; too many ministries under a committee; norms not
followed by most political parties while nominating MPs to committees; and the
constitution of DRSCs for a year leaves very little time for specialisations.
Way Forward
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▪ Mandatory Discussion: Major reports of all Committees should be discussed in

Parliament especially in cases where there is disagreement between a committee and
the government.
▪ According to the National Commission to Review the Working of the Constitution
(NCRWC), DRSCs should be periodically reviewed so that the committees which have
outlived their utility can be replaced with new ones.
▪ Apart from these, there is need to amend rules of procedure in both Lok sabha and
Rajya sabha, so that all major Bills should be referred to DRSCs so that DRSCs may
finalise the second reading stage in the Committee.
Conclusion
Therefore, yes, I do agree that Parliamentary committees impart intellectual rigor to the law-
making process as the primary role of Parliamentary Committees help with this by providing
a forum where members can engage with domain experts and government officials during
the course of their study, but there has been this malfunctioning in the process due to which
the motive for their establishment has not been achieved. The malfunctioning that occurred
is not beyond repair and political will is needed for reviving the utility of these committees.
9. What are your views on the ordinance making powers of the executive? Does it violate
the doctrine of separation of powers? Critically examine.
Introduction
Ordinances are like a law but not enacted by the Parliament but rather promulgated by
President of India when Lok Sabha and Rajya Sabha or either of those is not in session.
Union Cabinet’s recommendation is a must for an ordinance to be promulgated. Using
ordinances, immediate legislative actions can be taken.
Ordinance making powers of the executive

The ordinance making powers of the President are listed in Article 123 of the Constitution,
while that of Governor is mentioned in Article 213 of the Constitution.
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Ordinances are needed in our parliamentary democracy because of the following:
• The idea intended by the Constituent Assembly when the provision for ordinances
was included in the Constitution was that this power is necessary when immediate
action was needed. Also it meant that the powers are extraordinary so they are not
to be employed in normal times.
• Governments also take the ordinance route to address matters of public concern as
was the case with the Criminal Law (Amendment) Ordinance, 2013, which was
issued in response to the protests surrounding the Delhi gang rape incident.
• Ordinances are issued by the President based on the advice of the Union Cabinet
and not based on discretion
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Ordinance making power of the President is considered as violation of separation of

power because
▪ Domain of Legislature: Ordinance has a power of law until it is in force. Since, it is
promulgated by President on the aid & advice of Council of Minister, it is akin to
passing a law by the executive, thus entering into the domain of Parliament (or State
Legislatures). This is viewed by some as violation of doctrine of separation of power,
especially given the frequent use of this route by establishment.
▪ Lacks Refinement of legislative process: It gives arbitrary power in the hands of the
executive. The law is announced without any debate and discussion and hence lacks
the refinement that normal legislation possesses.
▪ Deliberate bypassing of the legislature: At times there are instances that legislature
is being deliberately bypassed to avoid debate and deliberations on contentious
legislative proposals. This is against the ethos and spirit of democracy.
▪ Misuse of ordinances by re-promulgation: Unnecessary or prolonged re-
promulgation of Ordinances raises questions about the legislative authority of the
parliament as the highest law making body. For ex: The Securities Laws
(Amendment) Ordinance, 2014 was re-promulgated for the third time during the
term of the 15thLok Sabha.
o As observed by the Supreme Court, re-promulgation of ordinances is a
“fraud” on the Constitution and a subversion of democratic legislative
processes, especially when the government persistently avoids placing the
ordinances before the legislature.
o For example, a series of ordinances were issued by the Bihar Governor
between 1989 and 1992 regarding the taking over of private Sanskrit schools
by the state.
o In DC Wadhwa vs. State of Bihar (1987), the Supreme Court held that courts
could strike down re-promulgated ordinances.
▪ Irreversible Impact: Even if the ordinance lapses or is repealed by the Legislative
Assembly, the ordinance would not be void ab initio. Any legal effect caused by the
ordinance in that period would continue to exist. Thus, even if the democratic
institutions are to approve or disapprove of the acts later, the fact is that the
undemocratic laws can affect the nature of the Indian State quite drastically.
▪ No Pressing need: Ordinance can be promulgated only when the President is
satisfied that circumstances exist for the same. However, we have seen ordinances
being promulgated even when there isn’t exigency that called for such immediate
law. For ex: New Farm Laws were introduced first as ordinances before being passed
as laws by Parliament.
Since independence, numerous ordinances have been issued which clearly shows that this
power has been used quite regularly instead of being the last resort. The Constitution and
judiciary have provided the following safeguards to prevent its misuse:
Constitutional Safeguards
▪ An ordinance can be issued only on those subjects on which the Parliament can
make laws.
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▪ An ordinance is subject to the same constitutional limitations as an Act of

Parliament. Hence, an ordinance cannot abridge or take away any of the
fundamental rights.
▪ Every ordinance issued must be laid before both the Houses of Parliament or state
legislature within six weeks from the reassembly of Parliament or state legislature
and it ceases to exist if it is not approved within six weeks of reassembly.
▪ Whenever a Bill seeking to replace an ordinance is introduced in the House, a
statement explaining the circumstances that had necessitated immediate legislation
through ordinance route should also be placed before the House.
Judicial Safeguards
▪ 38th Amendment Act inserted a new clause (4) in Article 123 stating that the
President’s satisfaction while promulgating an Ordinance was final and could not be
questioned in any court on any ground. however, the 44th Amendment to Indian
Constitution reversed it and made the President’s satisfaction to bring ordinance
justiciable.
▪ Supreme Court in RC Cooper vs. Union of India (1970) held that the President’s
decision to promulgate ordinance could be challenged on the grounds that
‘immediate action’ was not required, and the ordinance had been issued primarily to
bypass debate and discussion in the legislature.
▪ It was argued in DC Wadhwa vs. the State of Bihar (1987) that the legislative power
of the executive to promulgate ordinances is to be used in exceptional circumstances
and not as a substitute for the law-making power of the legislature.
▪ Supreme Court in Krishna Kumar Singh v. the State of Bihar held that the authority to
issue ordinances is not an absolute entrustment, but is “conditional upon
satisfaction that circumstances exist rendering it necessary to take immediate
action”.
Conclusion
The constitution has provided for separation of power where enacting laws is the function
of the legislature. The executive must show self- restraint and use ordinance making power
only as per the spirit of the constitution and not to evade legislative scrutiny and debates.
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10. There has been a marked decline in the quality of parliamentary debates. Can you
account for the reasons behind this decline? How does it affect the functioning of India
as a democracy? Examine.
Approach
• Reason behind the downfall of parliamentary debates.
• How is democracy affected in this situation?
Keywords:
• Parliamentary debates
• Democracy
• Executive accountability
• Handling of bills
• Role of opposition
Introduction
The sanctity of the deliberative Parliamentary process has largely been acknowledged as an
essential element of a democracy. It seems, however, that process has taken some beating
in the recent years which is eroding the trust of public on the institution itself.
Body
The parliamentary control over government and administration in India is more theoretical
than practical. In reality, the control is not as effective as it ought to be. There has been a
marked decline in the quality of parliamentary debates due to following reasons
• Time Factor: The Parliament lacks adequate time to deliberate on the issues which
has grown in volume as well as complexity. Reduced number of days of sitting often
causes insufficient time allocation for many sensitive and worthy issues.
• Growing Complexity of issues: New issues like Cryptocurrency, digital trade &
Artificial intelligence are complex issues which require domain knowledge &
expertise for effective deliberation. The parliamentarians being laymen cannot
understand them properly and fully, which in turn has led to dilution of debate
quality.
• Dominant Executive: The legislative leadership lies with the Executive and it plays a
significant role in formulating policies. The majority support enjoyed by the
Executive in the Parliament reduces the possibility of effective criticism.
• Politicization of Office of Speaker: We have seen that Speaker not performing in
impartial manner when it comes to allocation of time for opposition parties or
allowing certain pressing issues to be debated. This political biasness in the
Constitutional post has affected the deliberative function of Parliament. For Ex: The
increased recourse to ‘guillotine’ reduced the scope of financial control.
• Growth of ‘delegated legislation’ has reduced the role of Parliament in making
detailed laws and has increased the powers of bureaucracy. Ex: New IT Rules for
regulations of Social media were not through legislative route but through executive
orders.
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• Criminalization of Politics: 31% of MPs in current Lok Sabha are from criminal
background such leaders erodes the moral authority of the parliament.
• Mediazation of Parliamentary Proceedings: With the coming of 24*7 news channels
and live broadcast, Parliamentarians try to seek the attention of the public by
resorting to sensationalism & disruptive tactics often at the cost of meaningful
engagement in discussions.
• Tyranny of Political Parties: With the enactment of anti defection Law, voting on
Bills is largely a function of one's party allegiance. Also, there isn't a sound culture of
passage of Private person's Bill. As a result, there is no conducive environment and
reason to debate on Bills.
• Disruption strategy of Opposition: There is no alternate platform for dialogue
between the Government and Opposition. Thus the Opposition resorts to disruption
to gain Government's attention leaving less scope for deliberation on issues.
• Electoral Agenda: Indian voters don't put much emphasis of Parliamentary
performance of their representatives while deciding their vote. Neither is such a
behaviour ever a reason to reject a candidate. This reduces the incentive for
Parliamentarians to perform their functions effectively.
It is affecting the functioning of the Democracy in the following ways

• Poorly Drafted Legislation: Inadequate deliberation often leads to poor drafting of
legislations which ends up in litigation at Courts, further increasing the work load of
Judiciary.
• Wastage of public resources as each minute of running Parliament during sessions
costs the exchequer Rs. 2.5 lakh. If the quality of deliberations is declining to large
extent, it is akin to wastage of public resources.
• Lacks Inclusiveness: Proper consultations with fellow Parliamentarians ensures that
voices of various sections of society are taken into consideration while enacting laws.
With poor debates & discussion, the laws can be lacking in its inclusive character
that is detrimental to society in long run. Ex: Surrogacy Regulation act prohibiting
commercial Surrogacy.
• Capture by Vested Interest: If the representatives of people are not in a position to
shape the policies due to ineffective functioning of parliament, then powerful
lobbies increase their influence on law making & policy making that suits their
interests that may come at the cost of public interest. Ex: Privatisation debates
• Erosion of Trust: People repose faith on the institution of Parliament and consider it
as temple of Democracy. Ineffective functioning of Parliament will eventually lead to
erosion of trust reposed by the public on it, which if not checked can endanger the
legitimacy of the State itself.
Way Ahead
Remedial measures:
• Number of days of sittings should be increased. NCRWC has recommended fixing
number of working days to Loksabha-120 and Rajyasabha-100.
• Monetary penalties for indiscipline.
• Powers of ethics committees should be increased.
• Speaker and Chairman should be given more teeth to curb indiscipline.
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• Need to evolve Code of conduct for parliamentarians.

• Speaker should not have a party allegiance. We can think of having informal
convention like in Britain where the Speaker resigns from his party and as a result
they have legendary John Bercow.
Conclusion
Civil Society has to be conscious of the decline in Parliament and seek accountability from
their representative to arrest such a decline. Only an active citizenry can prevent the
institutions from imploding.
11. The government is the most active litigant in various courts of law. Therefore, any
reform to address judicial pendency and delays must contain measures to check
litigations involving government agencies. Comment.
Approach
• Introduction – can signify the quantum of government litigations
• Body- Mention about the consequences of government litigation & measures to
check government litigations
• Conclusion – Futuristic solution
Keywords:
• Fiscal Burden
• Disrupts Governance
• Sign of Welfare State
• Clarity on Laws
• National Litigation Policy
Introduction
The 2017 report released by the Ministry of Law and Justice shows that 46% of the cases
entering the judicial system are coming from the government that also includes the public
sector undertakings and other associated autonomous bodies.
Body
Consequences of government litigations
• Increased burden on the courts: Excessive government litigation burdens the courts
of India with an unnecessary workload which affects the functioning of the courts.
• Fiscal Burden: Litigation involves a huge amount of expenditure and the same
increases with an increase in the time period. In case of government litigation, the
expenditure is carried out by using the public’s money which they pay to the
government by means of tax.
• Not a sign of Welfare State: If the government of the nation is constantly involved in
a tussle with the citizens of the country, then in that case the basic fundamentals of
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a welfare state are defeated thereby restricting the working of a democratic nation.
Also, Government litigation crowds out the private citizen from the court system.
• Disrupts Governance: With litigation taking away all their time, the departments will
put a brake on the discussions on the formulation of various policies which will
subsequently affect the citizens of the nation.
• Reflection of Poor Inter-departmental coordination: The majority of the
government litigations involve one department of the government suing the other or
being sued by the other and many of them lays back in the courts as the parties fail
to prove their reason behind suing each other.
• Ease of Doing Business: Constant litigation by the government in courts is also a
reflection of poorly drafted policies & weak departments dispute resolution
mechanisms. Such a scenario makes it tough for businesses to operate in the country
and also deters foreign investment.
Therefore, any reform to address judicial pendency and delays must contain measures to
check litigations involving government agencies. Some of the measures that can be adopted
to tackle the government litigation are:
• Clarity on laws- There are a number of vague or contradictory laws, because of
which whatever action is taken by Government, it is dragged into the court by one or
the other. There is a need of clarity in the laws.
• Modifications in National Litigation Policy (2010)- Clarity of objectives, defining
roles of different functionaries involved, setting minimum standards before taking
litigation forward, accountability mechanisms and provision for penalties etc. must
be taken care of.
• Strong Internal Monitoring Mechanism: One way of reducing the load on courts is
to reduce the quantum of cases that come to the courts by strengthening the
internal monitoring process, e.g. whether appeal should be made or not, dropping
petty cases, etc.
• Alternate Dispute Redressal mechanism- For cases like traffic rules violation, theft
and other petty crimes, to solve them without bringing them in the purview of
judiciary.
• Reforming quasi-judicial authorities- Appeals against orders of quasi-judicial
authorities can be reduced by appointing judicially trained person or creating a
separate class of judicial officers to discharge quasi-judicial functions in those
authorities.
• Co-ordination and information sharing- Cases involving different departments are
scattered at different places in physical files. These must be streamlined at one place
for better information processing and fast tracking the litigation.
o Legal Information Management and Briefing System (LIMBS) is an excellent
initiative in this regard, and must be implemented soon across all
government departments to make government litigation more efficient.
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Conclusion
Taking into account the immense amount of responsibility, and obligations vested on the
State, it will not be wrong to expect the presence of a reasonable amount of fairness in the
government as a litigant.
Additional value information

Existing Policy on Government Litigation
• The 126th Report of the Law Commission of India which was prepared on the basis of
Government and Public Sector Undertaking Litigation Policy and Strategies had first
expressed the need to have a dispute disposal mechanism for disputes related to
government matters in order to avoid unnecessary load on the judicial system.
• National Litigation Policy was first formulated in the year 2010 with the aim to make
the government an efficient and responsible litigant thereby ensuring the protection of
the citizens’ fundamental rights whose implementation is an obligation on the part of
the State.
• The loopholes existing in the implementation of the 2010 policy were taken up in 2015
with a reviewed and modified National Litigation Policy.
• In 2017, the Ministry of Law and Justice brought in the “Action Plan to Reduce
Government Litigation” the purpose of which is to ensure the breakdown of the burden
of cases that each department carries with itself.
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12. With the help of suitable examples, explain the concept of original jurisdiction. How is
it different from appellate jurisdiction?
Introduction
Jurisdiction is the authority given to a legal body like a court to administer justice within a
defined field of responsibility. In other words, Jurisdiction simply means the court has the
legal authority to hear that type of case.
Body
The Supreme Court in India has three types of jurisdictions – original, appellate and advisory
as provided in Articles 131, 133 – 136 and 143 respectively of the Indian Constitution.
Original Jurisdiction
• This means the court has the right to hear the case first.
• The supreme court in the country has the power to hear cases that come to it fresh,
and the judgment of the court in these matters is final and beyond appeal which
means that the parties, whether they are satisfied or not with the verdict of the
supreme court, have no further appealing chance.
• While even lower courts have original jurisdiction over civil and criminal matters, the
Supreme Court has original jurisdiction over cases of interpretation of the
constitution.
• In the case of the Supreme Court in India, its original jurisdiction is covered under
Article 131. It involves the following cases:
o Any dispute between the Indian Government and one or more States.
o Any dispute between the Indian Government and one or more States on one
side and one or more States on the other side.
o Any dispute between two or more States.
• Article 32 of the Constitution provides original jurisdiction to the SC for matters
regarding the enforcement of Fundamental Rights. The SC can issue writs, directions,
or orders including writs in the nature of mandamus, habeas corpus, quo warranto,
prohibition and certiorari.
• The SC also has the power to direct the transfer of a criminal or civil case from the
High Court in one State to the High Court in another State.
o It can also transfer cases from one subordinate court to another State High
Court
o If the SC deems that cases involving the same questions of law are pending
before it and one or more High Courts, and that these are significant
questions of law, it can withdraw the cases before the High Court or Courts
and dispose off all these cases itself.
• Under the Arbitration and Conciliation Act, 1996, International Commercial
Arbitration can also be initiated in the Supreme Court.
Exclusive Original Jurisdiction
• The Supreme Court has exclusive original jurisdiction over the aforementioned
federal matters.
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• Exclusive indicates that no other court has the authority to settle such problems and
original means that the ability to hear such matters in the first instance, without
recourse, is granted.
• In the case of the Supreme Court’s Exclusive Original Jurisdiction, two points have to
be noted -
• One, the disagreement must center on a question (whether legal or factual) that
determines the existence or scope of a legal right. As a result, it excludes questions
of a political nature.
• Two, any litigation filed in the Supreme Court by a private individual against the
Centre or a state is barred under this provision.
Examples of Original Jurisdiction are Karnataka-Maharashtra Border dispute, Mullaperiyar
dam issue, State of Jharkhand Vs Union of India (Bihar Reorganization Act, 2000); State of
Kerala Vs Union of India (Citizenship Amendment Act, 2019)
Alternatively, a court can have Appellate Jurisdiction, which allows the court to hear the
case only on appeal once the case has been previously heard by a lower court.
• The authority of a court to decide a case based upon trial and evidence rather than
on the basis of appeal is called original jurisdiction
• The appellate jurisdiction of the Supreme Court of India can be invoked by a
certificate granted by the High Court concerned under Article 132(1), 133(1) or 134
of the Constitution in respect of any judgement, decree or final order of a High Court
in both civil and criminal cases, involving substantial questions of law as to the
interpretation of the Constitution.
• Appeals also lie to the Supreme Court in civil matters if the High Court concerned
certifies :
o (a) that the case involves a substantial question of law of general importance,
and
o (b) that, in the opinion of the High Court, the said question needs to be
decided by the Supreme Court.
• In criminal cases, an appeal lies to the Supreme Court if the High Court
o (a) has on appeal reversed an order of acquittal of an accused person and
sentenced him to death or to imprisonment for life or for a period of not less
than 10 years, or
o (b) has on appeal from lower courts convicted the accused and sentenced
him to death or to imprisonment for life or for a period of not less than 10
years, or
o (c) certified that the case is a fit one for appeal to the Supreme Court.
• The Supreme Court has also a very wide appellate jurisdiction over all Courts and
Tribunals in India as it may, in its discretion, grant special leave to appeal under
Article 136 of the Constitution from any judgment, decree, sentence or order in any
cause or matter passed by any Court or Tribunal in the territory of India.
• Parliament is authorised to confer on the Supreme Court any further powers to
entertain and hear appeals from any judgement, final order or sentence in a criminal
proceeding of a High Court.
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Value Addition
Relevant provisions:
• The Supreme Court has special advisory jurisdiction in matters which may specifically be
referred to it by the President of India under Article 143 of the Constitution
• Article 129 and 215 of the Constitution of India empowers the Supreme Court and
High Court respectively to punish people for their respective contempt.
• The Constitution also includes contempt of court as a reasonable restriction to the
freedom of speech and expression under Article 19, along with elements like public order
and defamation.
13. The withdrawal of the three farm laws illustrates the power exercised by pressure
groups in India. In this regard, do you agree with the assertion that few dominant
pressure groups are able to leverage their bargaining power better than others?
Critically examine.
Approach
• Explain what are pressure groups & their significance in brief
• Explain in brief the withdrawal of three farm laws & its significance
• Mention about the factors that make few dominant pressure groups successful
• Conclusion- Significance of pressure groups in democratic functioning.
Keywords:
• Common Interests • Organised & Proactiveness
• Democratic Victory • Access to resources
• Positive Politicisation • Support base
Introduction
A pressure group is a group of people who are organised actively for promoting and
defending their common interest. It is called so, as it attempts to bring a change in public
policy by exerting pressure on the government.
• It acts as a liaison between the government and its members.
• The pressure groups are also called interest groups or vested groups. They are
different from the political parties, as they neither contest elections nor try to
capture political power
The pressure groups influence the policy-making and policy implementation in the
government through legal and legitimate methods like lobbying, correspondence, publicity,
propagandising, petitioning, public debating, maintaining contacts with their legislators and
so forth.
They are a vital link between the government and the governed. They keep governments
more responsive to the wishes of the community, especially in between elections.
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Body
With the introduction of New Farm laws, there fears that the producers and consumers
would be adversely affected, to the benefit of big companies. Such fears were aggravated
by the undemocratic manner in which these laws were brought about, through ordinances,
and passed in Parliament without deliberations, or consultations with the States.
The withdrawal of farm laws marks a historic victory for the farmer’s movement in India.
For more than a year, thousands of farmers had barricaded Delhi, and their protests were
gradually evolving into a pan-Indian movement of resistance.
• Efforts were made to break, divide, buy out, demean, denigrate, demonise and
shame the protesters, who were conveniently branded as terrorists and
Khalistanis. But the farmer pressure groups continued to stay focused on their
demands in a peaceful manner.
• The agitation has led to a positive politicisation of several agrarian demands,
including the need for stable markets and remunerative prices.
• A confidence has grown that committed struggles matter and even aggressive
governments can be made to kneel.
• Withdrawal of farm laws reflects that trust is important for legitimacy of laws.
Government has done well to acknowledge that laws are not as good as their
enforcement by state machinery, but only as good as their capacity to win people’s
trust
Yes, some pressure groups are more able to leverage their bargaining power better than
others. This is because of the following reasons
• Organised & Pro-activeness: Pressure groups that are well organised and is
proactive in its pressing for its demands are more likely to be successful rather that
groups that 'sit back' and that are not involved in any public demonstrations or
petitions. A group that is disorganised and isn't known to use any methods to gain
attention or to influence the government will not be able to make progress in
achieving their demands.
• Strategies adopted: Group that uses constitutional methods of organising their
members & pressurising the government for their demands have higher chances of
success over groups which uses violent methods. Groups adopting violent means will
eventually loses its legitimacy in a Democratic system like ours.
• Access to Resources: Groups that have access to funds will be able to sustain their
demands for longer periods of time (like witnessed in farmer protest which was
largely funded by arhtiyas or middlemen). Also, groups that are able to get the
services of well accomplished lawyers who can represent their case in Higher
Judiciary will be able to fight for their causes in legal manner.
• Support Base: The membership of a pressure group and the support that it holds can
also determine its success. Group which has larger base, both in terms of area &
supporters, is generally able to effectively influence the government.
• Celebrity Endorsement: Also, if a pressure group has support from celebrities, it can
become more well-known and also the celebrity can endorse the pressure group and
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increase its chances of success, unlike groups which aren't supported by any
celebrity and which rely on other sources to increase the public awareness of the
group.
Conclusion
• Pressure groups are now considered as an indispensable and helpful element of the
democratic process. The society has become highly complex and individuals cannot
pursue their interests on their own. They need the support of other fellow beings in
order to gain greater bargaining power; this gives rise to pressure groups based on
common interests.
• Democratic politics has to be politics through consultation, through negotiation and
some amount of bargaining is also involved. Thus, it is very essential for the
government to consult these organised groups at the time of policy formulation and
implementation.
Value Addition
New Farm Laws that was later withdrawn were
• Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020: It
is aimed at allowing trade in agricultural produce outside the existing APMC
(Agricultural Produce Market Committee) mandis.
• Farmers (Empowerment and Protection) Agreement on Price Assurance and
Farm Services Act, 2020: It seeks to provide a framework for contract farming.
• Essential Commodities (Amendment) Act, 2020: It is aimed at removing
commodities such as cereals, pulses, oilseeds, edible oils, onion and potato from
the list of essential commodities.
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14. Why are NGOs an important stakeholder in the development industry? What makes
them indispensable in some critical sectors? Explain with the help of suitable
examples.
Approach
• Explain what are NGOs
• Explain Why are NGOs an important stakeholder in the development industry.
• Explain What makes them indispensable in some critical sectors.
• Do provide examples.
Keywords:
• Interest aggregation & interest articulation
• Improves government performance
• Building Community participation
Introduction
In a democratic system, the role of the state is primary and most crucial in formulating and
implementing the social and economic development programmes. So, there is essentiality
of groups or organizations to support the government on various fronts. This essentiality
paved way for the emergence of civil society. Non-Government organizations (NGOs) being
a major arm of civil society thus have a crucial role in the country’s development process.
• These organisations are not a part of the government, have a legal status and are
registered under the specific Act (Societies Registration Act, 1860 in India) of the
government.
• The term NGO in India denotes wide spectrum of organisations which may be non-
governmental, quasi or semi governmental, voluntary or non-voluntary etc.
• They work on ‘non-profit’ basis with the principles like social equality, altruism and
human development as their foundations. In India at present there are nearly 25,000
NGOs spread across various parts of the country.
Body
Development does not only mean economic development but also includes promoting
social equality, gender equality, improving quality of life etc., It is not possible for
government alone to effectively undertaking such complex development activities. So, there
is essentiality of other groups or organizations to support the government on various fronts.
NGOs an important stakeholder in the development industry because of the following

roles that they perform
• Interest aggregation and interest articulation: Non-profit organisations play vital
role in mobilizing public attention to societal problems and needs. They are the
principal vehicle through which communities can give voice to their concerns.
• Active participation in Nation’s development: NGOs with the support given by the
government has been accelerating its development activities by taking up specific
issues like Poverty & Hunger alleviation (Akshaya Patra), child rights (CRY), caste
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stigma and discriminations (CARE India), women rights, old age (Helpage India),
child labour (Kailash Satyarthi Children's Foundation), rural development (SARDA),
environmental issues (Greenpeace India) etc.,
o NGOs have played a crucial role in sending the school dropouts back to the
school especially in rural areas thus upholding the Right to education. Ex:
PRATHAM
o And also, the heath sector development programmes like Leprosy eradication
programme and programs on eliminating TB, malaria and improving water
and sanitation facilities by NGOs have met with huge success (Lepra Society,
Swasth Foundation, Smile Foundation)
• Improving government performance
o NGOs can broaden government’s accountability by ensuring government is
responsive to citizens at large rather than to narrow sectarian interests.
o They enhance the efficiency of delivery of many services at the local level
through involvement of residents.
o They also induce innovation and flexibility in policymaking by bringing their
own independent expertise and research teams.
o They are also involved in evaluation and Monitoring – serving as a
‘watchdog’ or third party / independent ‘auditor’, of government and
corporate performance, accountability and transparency.
• Service Role: It also caters to groups of the population who desire a range of public
goods that exceeds what the government is willing to support.
• Building Community Participation: The non-profit sector acts as a flexible
mechanism through which people concerned about a social or economic problem
can begin to respond. They have the capacity to conduct a meaningful dialogue with
communities, particularly those that are disadvantaged. They foster pluralism,
diversity and freedom. Many NGOs work to preserve and promote India’s diverse
culture. For example: SPIC MACAY is a society for promoting Indian classical music
and culture amongst youth.
• Key Role in Progressive Policies & Laws: The most highlighted success of NGOs
could be seen in their achievement in influencing government to bring out various
development-oriented policies and laws.
o Few of such laws and policies include: Right to Information, Integrated child
development scheme (ICDS), Integrated child protection scheme (ICPS),
MNREGA, Juvenile justice, Nirmal gram initiative, Rastriya swathya bhima
yogna(RSBY), Various policies on women development, forest and
environment development etc.,
What makes them indispensable in certain critical sectors?

• Grassroots reach: NGOs have last mile reach where government machinery is
absent. Here, government has to take support of NGOs to deliver services & achieve
its socio-economic goals. Ex: health care awareness
• Disinterested Work: Political parties, which are also association of people, is mainly
aimed at capturing power. Hence, their role in addressing people’s problems may be
driven by electoral agenda. However, NGOs work with no ulterior motive but the
betterment of sections of society.
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• Lessens State Burden: NGOs ensures that people need not have to depend on State
for every needs. Hence, active NGOs reduces the burden & expectations on the
government.
• Social Ownership: NGOs involve people in bringing about any change which is more
organic in nature as compared to top-down coercive approach of government. Ex:
Swachh Bharat Abhiyan coordination with multiple NGOs.
Conclusion
In total, the NGOs working with enhanced accountability, by providing alternative solutions
to the development, in collaboration with the government and market which is the need of
the hour that would further strengthen the development process in India.
Additional value information

Legislations and constitutional provisions regarding the NGOs:
Foreign Contribution (Regulation) Act (FCRA), 2010: The act ensures that the recipients
of foreign contributions adhere to the stated purpose for which such contribution has
been obtained.
Foreign Exchange Management Act, 1999: It aims to facilitate external trade and
payments and promote the orderly development and maintenance of foreign exchange
market in India.
Constitutional Provisions for NGOs in India: Article 19(1)(c) on the right to form
associations; Article 43 which highlights the State’s having an endeavor to promote
cooperatives in rural areas; Concurrent List in Entry 28 mentions Charities and
charitable institutions, charitable and religious endowments and religious institutions
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15. By promoting the hidden entrepreneurial agency of women, SHGs play a critical role
towards their social empowerment. Discuss.
Approach:
● Introduction with brief explanation of SHG’s
● Mention how SHG’s help women, especially their entrepreneurial agency
● SHG’s role in social empowerment of women
● Conclusion
Key Words:
● Voluntary association of men or women
● Skill development
● Micro-loans and Credit facilities
● Deep-rooted patriarchy
● Social capital
● Aatmanirbhar or self-reliant
Introduction
Women empowerment is the important factor for the uniform growth of a nation and Self-
help groups (SHG’s) plays a major role in deciding the women empowerment by promoting
the socioeconomic growth of the weaker sections. A self-help group (SHG) is a voluntary
association of men or women in similar economic conditions.
Body
SHS’s and Women Entrepreneurship:

1. To overcome social stigmas around employment and give women the agency to
break out of the shackles of subordination, entrepreneurship is an innovative and
simple tool.
2. Self-help groups act as a bridge between women entrepreneurs who have the will to
begin an enterprise but do not have the resources to fulfil their dream, and the
finances needed for it.
3. SHGs have already made a significant contribution in developing entrepreneurship
aptitudes among rural women by enhancing their skills and giving them a chance to
engage in various entrepreneurial activities.
4. SHGs provide women entrepreneurs with micro-loans to sustain their businesses,
while also creating an environment for them to develop greater agency and decision-
making skills.
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5. Through its activities, SHG’s help in promoting the hidden entrepreneurial agency of
women by giving space to new ideas from their day to day work to be turned into
business activities, like Lizzat papad, which promotes entrepreneurial culture.
In this context, the critical role played by SHG’s towards their Social empowerment can be
seen from the following points:
1. Economic support – With mortgage-free micro-loans at the core of the trust that SHGs
build with their beneficiaries, they are one of India’s most important tools for women
to achieve socio-economic empowerment.
2. Loosening Patriarchal structures – As a society with deep-rooted patriarchy,
dominant tradition of female domestic responsibility coupled with social stigma limits
their economic advancement. SHG’s help overcome this limitation through collective
working of women, which is acceptable to present social norms.
3. Level playing field for women – Self-help groups are exceedingly relevant today
because of their various functions which helps overcome regional imbalances as well
as information asymmetries, thus offering a level playing field in terms of access to
resources for women.
4. Social capital – The SHGs provide a forum in which people can meet on a regular basis
and discus various issues or concerns that the members face in their day-to-day life
which acts as the basic source of social capital generation.
5. Tackling Social disadvantages – SHGs help in tackling issues which are pertinent to
women like issues of health, nutrition, gender parity, gender justice, etc. Here, crucial
problems of domestic violence and literacy improvement can also be resolved through
collective action.
6. Empowering next generation – A recent study found that women aided by SHGs were
10% more likely to save on a regular basis, resulting in economic empowerment which
benefits future generations as women generally work more towards ensuring a better
future for children, especially girl child.
7. Promoting government schemes – The government has introduced a plethora of
schemes, such as the Mudra Yojana, Udyogini Scheme, Annapurna Scheme and Stand
up India for women empowerment. Here, SHG’s help raising awareness and
promotion of these schemes.
8. Role in Corporate Social Responsibility – Due to their crucial role, corporations
globally have designed SHG-led programmes to help women achieve social and
economic empowerment. Initiatives such as the UdyamStree campaign by EdelGive
Foundation has focused on women entrepreneurs in Maharashtra.
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Conclusion
The revolutionary momentum that SHGs have created has given women an important sense
of self-assurance in their journey to become aatmanirbhar or self-reliant. Given the multi-
faceted role played by SHG in women empowerment, Government needs to further support
SHG by handholding nascent SHGs and helping them prosper.

● In India, the SHG movement began in the 1980s and the programme gained
momentum with the National Bank for Agriculture and Rural Development linking a
small number of such groups with banks.
● Called the Self-Help Group Bank Linkage Programme, this revolutionary initiative
connected group members to formal financial services in a sustainable and scalable
manner.
● Even though women have the potential to contribute to household finances, they
often do not have the agency to participate in decisions related to avenues of income
generation, thus many a time pushing their families to the brink of poverty.
● Facebook’s Pragati and Google’s Women Will, among others, have also moved the
needle in fostering a level-playing field for women entrepreneurs.
16. Do you support lateral entry into the civil services? Can a person having years of
experience in the private sector, thrive and perform in the government set up? Discuss
by examining the key challenges associated with lateral entry.
Approach:
● Introduction explaining Lateral entry into civil services
● Your view about lateral entry into the civil services
● Briefly discuss whether a person from private sector can thrive in government
● Examine the key challenges associated with lateral entry
● Conclusion
Key Words:
● Efficient and effective delivery of services
● Transparency in the system of administration
● Domain expertise
● Sluggishness of bureaucratic working
● Organisational differences
● Recruitment processes for lateral entrants
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Introduction
Lateral Entry in Civil services refer to a system where in personnel’s other than regular
bureaucrats are hired for mid-level and above positions in civil services due to various reasons
like expertise, specialization in particular field etc. Though not entirely a new concept, lateral
entry into the civil services is considered a much needed bureaucratic reform in India.
Body
In present era of delivery oriented public services, lateral entry in Civil Services is essential
according to me, because of the following factors:
1. Efficiency factors – Lateral entry is expected to improve governance by ensuring
efficient and effective delivery of services as private sector working is considered more
efficient than governmental working. For example, Nandan Nilekani’s role in
development of Aadhar based technology has eliminated ghost beneficiaries.
2. Technological imperative – Private sector generally absorbs latest technologies into
working more quickly. Being tech-savvy brings transparency in the system of
administration minimizing corruption, leakages. For example, use of geo-tagging
technology for assets developed under MGNREGA.
3. Technical/Domain expertise – Certain areas like economic affairs, commerce, climate
change, new and renewable energy have become significant& complex in today’s
globalized world where technical expertise from outside talent comes handy. For
example, former PM of India, Dr. Manmohan Singh was a lateral entrant who
effectively anchored LPG reforms of 1991.
4. Fresh energy in Civil services – The letharginess and sluggishness of bureaucratic
working can be overcome with fresh energy from private sector which will lead to
increasing competition among bureaucrats.
5. Participatory Governance – In the present times governance is becoming more
participatory and multi actor endeavour, thus lateral entry provides stakeholders such
as the private sector and non-profits an opportunity to participate in governance
process.
6. Best practices from private sector – It brings in the best practices of the private sector
into the government administration and can also provide some out of box solutions
to the problems facing bureaucracy.
Despite all the benefits, lateral entry in civil services also raises the question of whether a
person from the private sector can thrive and perform in the government set up as:
• Difference in motives – Government work largely is process & welfare oriented where
as private sector is outcome & profit oriented. A lateral entrant may find it difficult to
realize the motive of government services
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• Organisational differences – Performance is vitally influenced by enabling system

where slow paced systems in government may prove to be stumbling block. Due to
outmoded rules, procedures and hierarchical structure in governance, even best of
managerial capacity may not deliver results.
• Managing political interferences – Constant interference of the political executive in
every process of government may prove to be handicap
Along with these aspects of lateral entry for civil services, there are multiple other challenges
involved, which can be seen from the following points:
1. Initial experience in civil services – The lack of ground level experience in working
with public like that of civil servants will hamper the responsive, discursive nature of
job and thus there can be alienation from the very public they intend to serve.
2. Appointment process – In absence of stringent and transparent recruitment
processes for lateral entrants, there is high probability of nepotism and political
favouritism seeping in, which can turn into lobbying sector like USA.
3. Issue of reservations – The question of reservations has not been discussed or
clarified with reference to appointments in lateral entry which compromises the social
justice imperative of the constitution.
4. Conflict of Interest – The movement from private sector raises issues of potential
conflict of interest. This issue requires stringent code of conduct for entrants from
private sectors to ensure conflict of interest is not detrimental to public good.
5. Scope of understanding – The concern that the one appointed is specialized in a
particular field and will work/ favour policies to that specific sector than working as a
generalist serving the entire public which can hamper overall coherent policy making.
6. Corruption – Short term nature of appointment of lateral entrants can increase the
chances of corruption as long term liability is absent and short term benefits for
personal gain may be prioritised.
In today’s world, administration has increasingly become complex. Time and again,
suggestions from various committees like 2nd ARC have been to consider lateral entry into
civil service to gain from best available talent. Following safeguards can be considered for
ensuring effective working of lateral entry system:
• The tenure of such employment needs to be regulated.
• Also, an after-employment regulation needs to be put in place.
• An impartial and an autonomous commission should be enabled to deal the
recruitment and promotions, like the Bank Boards Bureau.
• Proper incentives must be provided in line with the private sector to attract the best
talents.
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Conclusion
Contemporary times require highly skilled and motivated individuals at the helm of
administrative affairs, without which public service delivery mechanisms do not work
smoothly where lateral entry system can enhance the publicness in civil service for
administering the complex socio political landscape of our country.

● UPSC has recently issued an advertisement seeking applications from individuals,
who would make a “lateral entry” into the government secretariat. The key features
of Lateral Entry Advertisement include vacancies of three posts of Joint Secretary
and 27 of Director in central government where these jobs would be contracted for
three to five years. These posts were “unreserved”, meaning were no quotas for SCs,
STs and OBCs.
● NITI Aayog, in its three-year Action Agenda, and the Sectoral Group of Secretaries
(SGoS) on Governance in its report submitted in February 2017, recommended the
induction of personnel at middle and senior management levels in the central
government.
17. Do you think the role of the Governor is apolitical in theory and practice? Comment in
the light of the evolving dynamic of relations between Governors and elected state
governments.
Approach:
● Introduction briefly explaining role of Governor
● Discuss the constitutional aspects of role of governor
● Comment on the practical aspects of the role of governor in context of evolving
dynamic relations between Governors and state governments
● Conclusion
Key Words:
● Office of dignity
● Cooperative federalism
● Article 163
● Discretionary powers
● Coalition politics
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Introduction
Article 154 mandates that the executive power of a state is vested with the governor, and is
to be exercised by him either directly or through officers subordinate to him ‘in accordance
with this Constitution’, which signifies the unique position of a governor under the
Constitution of India.
Body
B R Ambedkar called the office of the Governor as the ‘office of dignity’. His office is the
linchpin of Indian Cooperative Federalism. In this context, the role of governor is considered
apolitical in theory due to:
• Article 153 of the Indian Constitution says that there shall be a governor for every
state, and all the executive powers of the state vests in the governor. Therefore, the
post of governor is a constitutional one.
• The governor acts in ‘dual capacity’ as the constitutional head of the state and as the
representative of the centre. He acts as a bridge between union and state
governments.
• In India, there is a concept of cooperative federalism. The two governments that are
union and state work collectively. They are not independent in their spheres. This is
the reason that the governor has a unique position in linking the two sets of
government.
• Governor should also not be a member of the either house of the parliament or house
of the state legislature and not hold any office of profit. This further strengthens the
aspect of apolitical nature of role of governor.
At the same time, the article 163 of the Indian Constitution says that the governor is not
bound to the advice given by the council of ministers of state. He has discretionary power to
consider the opinion or advice given to him. This raises the question of apolitical nature of
governor even in theoretical sense as the constitutional makers fully made appointment of
governor centre’s prerogative and thus the question of discretionary power of governor
makes role of governor political in nature to some extent.
From a long time, this discretionary power has made the office of the Governor to be at the
centre of controversies for several reasons, especially with regards to his/her relationship
with elected state governments. In this context, role of governor’s political nature can be seen
from the following points:
• Though today, different political parties are in power in different States, the situation
was different between 1952 and 1967, when one party controlled both the Parliament
and State Legislatures. Not much conflict was evident during this period.
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• Post-1967, India saw increasing incidences of abuse of position of the governor by the
centre due to disproportionate power being with Centre and rise in political turmoil
where the country also saw emergency period as well as brief coalition government
in 1977-79. During both periods, role of governors was controversial.
• Going forward, with the growth of coalition politics and rise of regional political
players, the central and state governments were in different hands. In such a situation
and because the Governor owes his appointment and his continuation in the office to
the Union Council of Ministers, there is the apprehension that he is likely to act in
accordance with the instructions, if any, received from the Union Council of Ministers
rather than act on the advice of his Council of Ministers.
• Indeed, the Governors today are being pejoratively called the ‘agents of the Centre’.
It is true that the Central Government is not expected to give any instructions which
compromise the status and position of the Governor, the experience for the last
several years belies this hope.
• In recent times, most notably, the governors of West Bengal, Puducherry and
Maharashtra are in news for the wrong reasons. For example, Maharashtra governor
issue over the opening of temple after lockdown in state and remarks over secularism.
• The task of inviting the largest party/alliance post-election is a discretion of the
Governor which is wrought in controversy. E.g.: Karnataka, in 2018 election presented
a hung assembly. Ultimately the issue had to be resolved in Supreme Court leading to
fall of the government that couldn’t prove its majority.
• The Assemblies of Uttarakhand, Arunachal Pradesh had been placed under suspended
animation on the recommendation of the Governor due to alleged failure of
Constitutional Machinery (Article 356). However, the State Governments were
reinstated by reversal of President’s rule by Supreme Court due to lack of sufficient
evidence.
• With regard to the administrative and legislative matters of the state, many governors
have been criticised for expanding their discretionary powers suo motu. Tamil Nadu
(TN) governor Banwarilal Purohit had been criticised for running a parallel
administration of universities within TN and appointing vice-chancellors without
consulting the state government.
Supreme Court in its judgment in the BP Singhal case in 2010, issued a clarification, that
Governor is the constitutional head of the state. He is not an employee or an agent of the
Union government nor a part of any political team. Despite the criticism, governors continue
to behave as political appointees which is increasing the incidences of ‘Confrontational
Federalism’ in India.
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Conclusion
The role of governor is indispensable for the successful working of the constitutional
democracy thus necessitating his/her need to refrain from aligning to any political ideology.
For the smooth functioning of a democratic government, it is equally important to have ‘Code
of Conduct’, ‘norms and principles’ for the governor to act judiciously, impartially and
efficiently while exercising his discretion and personal judgment.

Recommendations of SC Judgements and Committees related to Office of Governor:
● SR Bommai vs. Union of India, 1994 – The case was about the limits to the Governor’s
powers in dismissing a state government under Article 356 of the Constitution. The
floor of the Assembly is the only forum that should test the majority of the
government of the day, and not the subjective opinion of the Governor.
● Rameshwar Prasad Case, 2006 – Supreme Court was called upon to pronounce its
verdict on the validity of the proclamation of President’s Rule and the dissolution of
the Assembly in Bihar in 2005. The SC held that the Governor could not decide based
on his subjective assessments.
● Sarkaria Commission Report (1988) – Governor should be an eminent person and not
belong to the state where he is to be posted. State chief minister should have a say
in the appointment of governor. Governor should be a detached figure without
intense political links or should not have taken part in politics in recent past.
Governor should not be a member of the ruling party.
● Punchhi Commission (2010) – The phrase “during the pleasure of the President”
should be deleted from the Constitution. Governor should be removed only by a
resolution of the state legislature.
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18. Discuss the role of Finance Commissions in intergovernmental fiscal management.
Approach:
● Introduction explaining Finance Commission
● Mention constitutional role of Finance Commission
● Explain intergovernmental fiscal management and role of Finance Commission in it
● Conclusion
Key Words:
● Constitutional body
● Terms of reference (ToR)
● Net proceeds of shareable taxes and grants-in-aid
● Planning Commission
● Fiscal Federalism in India
● Grants for Local government
Introduction
Finance Commission (FC) is a constitutional body for the purpose of allocation of certain
revenue resources between the Union and the State Governments. It is established from time
to time under Article 280 of the Indian Constitution by the Indian President. It is created to
define financial relations between the Centre and states and has specified terms of reference.
Body
The Finance Commission’s terms of reference (ToR) are specified in the Constitution under
Article 280(3). They include:
1. Distribution and allocation of the net proceeds of shareable taxes between the union
and states.
2. Principles governing the grants-in-aid of the revenues of states out of the
Consolidated Fund of India.
3. The 73rd and 74th constitutional amendments in 1992 added two sub clauses, which
required FC to recommend measures needed to augment Consolidated Fund of a state
to supplement the resources of panchayats and municipalities.
4. The President can refer any other matter to the FC in the interest of sound finance.
Role of Finance commission in India’s intergovernmental fiscal management:

1. The First Commission was set up in November 1951 and the most recent one is the
15th Finance Commission which was constituted by President of India in Nov 2017,
under the chairmanship of NK Singh.
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2. At the core of fiscal federalism in India lie fiscal transfers from the central government
to subnational governments. Transfers are predominantly based on the
recommendations of the Finance Commission and consist of tax devolution and
grants.
3. As a federal nation, India suffers from both vertical and horizontal fiscal imbalances
between the centre and states. Vertical imbalances result from states incurring
expenditures disproportionate to their sources of revenue and horizontal imbalances
resulting from differing historical backgrounds or resource endowments.
4. FCs have also addressed horizontal imbalances across states by recommending grants-
in-aid of revenues from the consolidated fund of India. Under Article 275, FCs are
mandated to recommend the principles and the quantum of grants-in-aid to states
that are in need of assistance.
5. Since the 10th FC, FCs have recommended grants for local governments. Though the
scope, coverage and number of FC grants have increased over the years, their share
in the total FC transfers has remained small.
6. The 13th FC noted that the previous FCs’ strategy of linking debt relief incentives to
fiscal corrections delivered improved fiscal health in state finances.
7. The FC evaluates the rise in the Consolidated Fund of a state in order to affix the
resources of the state Panchayats and Municipalities. The FC has sufficient powers to
exercise its functions within its activity domain.
8. With the initiation of planned economic development and the centre’s interventions
in a number of subjects in the State List in the form of centrally sponsored schemes
(CSS), a significant number of transfers were taking place outside the
recommendations of the Finance Commission ( erstwhile Planning Commission’s role).
a. Prior to the abolition of Planning Commission in 2014, there was an overlap of
FC’s role with the Planning Commission, which was a non-constitutional body.
9. One noteworthy development due to the acceptance of the recommendation of the
Fourteenth Finance Commission is the decline in discretionary transfers since 2015-
16 from the centre.
10. Further, with the removal of the distinction between plan and non-plan expenditure,
the predominant share of the Finance Commission transfers in total transfers is likely
to continue.
Though Finance Commissions have played a robust role in fiscal management in the country,
there are some issues involved with FC, like –
• Terms of references are narrow
• A periodic body
• Appointment by Political executive
• Recommendations are not mandatory in nature
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Conclusion
In spite of the drastic changes in fiscal environment over the year and the increase in work
load of the Finance Commission by subsequently Constitutional amendments, it has ensured
smooth functioning of Centre State fiscal relations and upheld the epithet of being a balancing
wheel of fiscal federalism in India.

● To ensure same kind of federal political economy in the state, state finance
commissions are constituted. The State Finance Commission (SFC) is an institution
created by the 73rd and 74th Constitutional Amendments (CAs) to rationalize and
systematize State/sub-State-level fiscal relations in India.
● Article 243I of the Constitution mandated the State Governor to constitute a Finance
Commission every five years. Article 243Y of the Constitution states that the Finance
Commission constituted under article 243 I shall also review the financial position of
the Municipalities and make recommendations to the Governor.
● The Finance Commission’s recommendations along with an explanatory
memorandum with regard to the actions done by the government on them are laid
before the Houses of the Parliament.
● As per the Code of Civil Procedure 1908, the FC has all the powers of a Civil Court. It
can call witnesses, ask for the production of a public document or record from any
office or court.
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19. What is the mandate of the Competition Commission of India (CCI)? What is its
significance for the consumers? Explain with the help of relevant examples.
Approach:
● Introduction explaining importance of the Competition Commission of India (CCI)
● Details of the mandate of the Competition Commission of India (CCI)
● With the help of examples, explain CCI’s significance for consumers
● Conclusion
Key Words:
● Fair competition in market
● Competition Act, 2002
● Anti-competitive agreements
● Antitrust laws
● Monopolistic, unfair and restrictive trade practices
● Principle of competitive neutrality
Introduction
A fair competition in market is essential to achieve the objective of welfare of consumers.

India established the Competition Commission of India (CCI), under the Competition Act,
2002, to create and sustain fair competition in the economy that will provide a ‘level playing
field’ to all.
• CCI consists of a Chairperson and 6 Members appointed by the Central Government
Body
CCI’s mandate can be seen from the following points:
1. The Act prohibits anti-competitive agreements, abuse of dominant position by
enterprises and regulates combinations (acquisition, acquiring of control and M&A),
which causes or likely to cause an appreciable adverse effect on competition within
India.
2. It is the duty of the Commission to eliminate practices having adverse effect on
competition, promote and sustain competition, protect the interests of consumers
and ensure freedom of trade in the markets of India.
3. The Commission is also required to give opinion on competition issues on a reference
received from a statutory authority established under any law and to undertake
competition advocacy, create public awareness and impart training on competition
issues.
Significance of CCI for consumers:
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1. Competition is now almost universally acknowledged as the best means of ensuring

that consumers have access to the broadest range of services at the most competitive
prices. Innovation benefits consumers with new and better products, helps drive
economic growth and increases standards of living.
2. Antitrust and competition law are used interchangeably to refer to the legal regime
that protects and promotes free and fair competition in the market. This can be seen
from the recent example of Google where the commission ordered an antitrust probe
against Google for abusing its dominant position with Android to block market rivals.
3. CCI aims to control monopolistic, unfair and restrictive trade practices by creating a
set of legislations that enhance competition or competitive outcomes in the markets
and curb anti-competitive practices by way of sanctions. For example, CCI imposed a
fine of ₹63.07 billion on 11 cement companies for cartelisation in 2012.
4. Furthermore, the strength of competition is likely to influence a country’s
competitiveness, that is, the ability of domestic firms to compete in export markets
and/or against imports in the home market.
5. While consumer protection redressal forums are limiting themselves by looking only
at restrictive and unfair trade practices in market, competition commission widens its
umbrella and covers a lot more anticompetitive practices, such as cartels, rigging,
predatory pricing, abusing dominant position which might not have direct impact
upon consumers but on competition in market. For example, CCI ordered a probe into
the functioning of Cellular Operators Association of India following a complaint filed
by Reliance Jio against the cartelization by its rivals.
Conclusion
With the help of robust powers granted to CCI, it has ushered a new paradigm in consumer
protection and welfare through its processes based on international best practices and
adhered to principle of competitive neutrality itself as an impartial competition regulator
enforcing the law equally on private as well as state owned entities.

● A cartel is defined as an association of producers, sellers, distributors, traders or
service providers who, by agreement amongst themselves, limit, control or attempt
to control the production, distribution, sale or price of, or, trade in goods or provision
of services.
● Today, nearly 140 jurisdictions across the world have some form of legislation dealing
in the subject matter of competition. Modern competition law encompasses two
broad categories of provisions –
1. The first category aims at preventing restraints of competition through
agreements or concerted practices such as trusts or cartels.
2. The second category deals with undue acquisition of economic power through
monopolisation, abuse of dominant position or mergers.
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● India adopted its first competition law way back in 1969 in the form of Monopolies
and Restrictive Trade Practices Act with the objective to prevent concentration of
economic power, control of monopolies and prohibition of monopolistic, restrictive
and unfair trade practices.
● However, as the times changed, the need was felt for a new competition law with a
new stance. With introduction of new economic policy and opening up of the Indian
market to the world, the focus shifted from curbing monopolies to promoting overall
competition in the Indian market. This led to the passage of the Competition Act of
2002.
20. Quasi-judicial bodies play an important role in the governance of the country. Illustrate
with the help of suitable examples.
Approach:
● Introduction explaining Quasi-judicial bodies
● Role of Quasi-judicial bodies in governance of the country
● Issues related Quasi-judicial bodies
● Conclusion
Key Words:
● Adjudication or rulemaking
● Power of enforcement of law
● Traditional justice delivery system
● Expert and multidimensional body
● Inherent flexibility
● Affordable, effective and more accessible
Introduction
A Quasi-Judicial Body has been defined as ‘an organ of Government other than a Court or
Legislature, which affects the rights of private parties either through adjudication or
rulemaking’. National Human Rights Commission, National Commission for Women, National
Commission for Minorities, etc. are examples of quasi-judicial bodies.
Body
Quasi-judicial bodies are such institutions which have power of enforcement of law but are
not courts. Their crucial role in the governance of the country can be understood from the
following points:
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1. Means of an alternate dispute resolution – Quasi-judicial bodies provide an alternate

means of dispute resolution which is speedier and efficient than traditional justice
delivery system. For example, National Green Tribunal works on the principle of
natural justice, helping resolve contentious issues and speeding governance process.
2. Expert panel – Providing an expert and multidimensional body to address the various
technical issues which would be a daunting task for judiciary due to the complexities.
For example, the Central administrative tribunal helps in quick resolution of matter of
disputes related to civil servants, which could’ve been delayed in normal courts.
3. Ease of problem solving – which is not marred by the technicalities of the judiciary.
This is also due to the inherent flexibility of Quasi-judicial bodies, since there is little
use made of precedent. For example, National river water dispute tribunal grants
award to share water among disputing states.
4. Effective Governance – due to faster mode of dispute resolution process as well as
provides policy suggestions, helping in overall improvement of governance effectivity.
For example, the Election Commission of India (ECI) mainly functions for control,
conduct and supervise election, which is a specific function leading to effectiveness.
5. Reduce the workload of judiciary and government departments – This helps in
ensuring focus on core activities of governance by limbs of government and ensure
improvement in governance functions. For example, National Consumer Disputes
Redressal Commission helps in resolving contentious market competition issues.
6. Ease of Access – Quasi-judicial bodies are affordable, effective and more accessible
for common man, which makes governance activities within the reach of common
citizens in terms of conflict resolution.
At the same time, quasi-judicial bodies also pose the following challenges to the governance
of the country:
• Authority in the appointments and determining of conditions of service being with the
executive leads to committed bodies leading to deteriorating governance standards.
• The quasi-judicial bodies is leading to tribunalisation of justice delivery mechanism
leading to diffused justice delivery process impacting the quality of the governance.
• Ordinary judiciary is still overburdened as party that loses case more often than not
approach the higher judiciary.
Conclusion
The quasi-judicial bodies are necessary to reduce the burden of courts and provide specialised
judgements which can be of great help in strengthening of governance. The need of hour is
to provide them more powers, along with ensuring independence of these bodies so that they
can effectively function under their ambit to achieve the objectives.
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Value Addition
There are four types of Quasi-Judicial Bodies:
1. Administrative bodies exercising quasi-judicial functions, whether as part and
parcel of their respective departments or otherwise.
2. Administrative adjudicatory bodies which are outside the control of the
department involved in the disputes and hence decide disputes like a Judge, free
from bias. For example: The Income Tax Appellate Tribunal falls under the Ministry
of Law and not the Ministry Of Finance.
3. Departmental bodies exercising inherent judicial powers of the State, wherein they
perform functions pertaining to control, composition and procedure, constituted
under Article 136, can also be classified as tribunals.
4. Tribunals constituted under Article 323A and 323B of the Indian Constitution, enjoy
the powers and status of a High Court.

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THINK LEARN PERFORM PLUS (TLP+) TEST 2 (GS 2) SYNOPSIS

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