FINANCE COMMISSION

1. Give an account of the composition and functions of the Finance Commission as mentioned in
the
Constitution of India.
Approach:
• Briefly mention the constitutional status of Finance Commission and its composition.
• Discuss its major functions as mentioned in the constitution.
• Give a brief conclusion.
Answer:
The Finance commission is a constitutional body which is set up at an interval of every five
years by the President under Article 280 of the Indian Constitution. It is assigned the task of
enabling transfer of resources from the Centre to the states and its distribution among the
states to overcome the vertical and horizontal imbalances in India’s federal structure.
Composition of the Finance Commission:
It consists of a Chairman and four other members, appointed by the President. However, the
qualifications of these members and manners of their selection are determined by the
Parliament, as authorized by the constitution.
Accordingly, the Chairman must be a person having ‘experience in Public Affairs’ and the
other four members must be appointed from amongst the following:
o A High Court Judge or one qualified to be appointed as such
o A person having special knowledge of the finance and accounts of the government
o A person having wide experience in financial matters and administration
o A person having special knowledge of economics
Functions of the Finance Commission:
As mentioned in Article 280 (3), its function is to make recommendations to the President
regarding:
• The distribution of the net proceeds of taxes between the Union and the States and the
allocation
• of such proceeds between the states.
• The principles which should govern the grants-in-aid of the revenue of the states out
of the
• Consolidated Fund of India.
• The measures needed to augment the Consolidated Fund of a State to supplement the
resources of
• the Panchayats and the Municipalities in the state.
• Any other matter referred to the commission by the President in the interests of
sound finance.
Hence, Finance Commission is a critical institution to strengthen fiscal federalism and improve the
quality of public spending. Till date, fifteen Finance Commissions have been constituted. The most
recent was constituted in 2017, headed by Dr. N.K. Singh.
Q. Functions of the State Finance Commission as mandated by the constitution are important for
achieving fiscal decentralisation, however they face multiple hurdles in fulfilling their role.
Analyse. (250 words) 15
Approach:
• Write brief introduction about State Finance Commission.
• Highlight the importance of its functions for the scheme of fiscal decentralization.
• Discuss the challenges they are facing in fulfilling their role.
• Give a brief conclusion on the basis of the above discussion.
Answer:
The 73rd amendment laid the foundation for the formation of State Finance Commission (SFC). The
Governor of a state is required to constitute a State Finance Commission every five years. Articles
243 I and 243 Y empowers the SFC to review financial position of rural and urban local governments
respectively and recommend devolution of fund accordingly. The main idea behind this is to achieve
fiscal decentralisation i.e. transfer of resources of a state to local levels.
The functions mandated to SFC helps in achieving fiscal decentralisation as:
 The SFC recommends to the Governor about the principles that should govern the
distribution of tax proceeds – taxes, duties, levies, toll fee collected by the state between
the state and its Panchayati Raj Institutions at all three levels – village level, block level and
district level.
 It also recommends:
o Taxes, levies and fees levied or appropriated by Panchayats themselves
o Grants-in-aid to Panchayati Raj Institutions from the consolidated fund of a state.
o Ways to improve the financial position of Panchayati Raj Institutions.
 These recommendations regarding claims to resources of state by local governments could
impart greater stability and predictability to the transfer mechanism and flow of resources
to the third-tier of governance.
 The revenue resources at local levels are inadequate to deliver required services. Therefore
devolution of fund and functions to the local level is critical to achieve fiscal decentralisation.

However, the State Finance Commissions have not been able to fulfil their role effectively
due to the following hurdles:
 Delay in constitution of SFCs: As per constitutional provisions, setting up of fifth SFC became
due in 2014-15 in all the states. However, available information shows that so far only
thirteen states have constituted their fifth SFC till date.
 Delay in submitting of reports by SFC: As per a review, the average time taken by SFCs to
submit their reports is around 32 months. Various factors are responsible for the delays,
such as delays in the appointment of chairpersons/members, state/local body elections
affecting their working schedule etc.
 No prompt action on SFCs recommendations: This can be seen by the fact that states do not
place Action Taken Report (ATR) before State Legislatures in a timely manner. The average
time taken by state governments to table the ATR is around 11 months.
 Bureaucratization and politicization of SFCs: Despite many states having statutory
provisions specifying the qualifications of persons eligible for SFC, in practice majority of the
Members and Chairpersons are bureaucrats and politicians. It also limits their
independence.
CAG

Q. Analyze how the CAG ensures financial accountability of the Executive to the Legislature while
working as an independent Constitutional body.
Approach:
• Give brief introduction about the CAG under constitution of India.
• Discuss how it ensures financial accountability of the Executive to the Legislature by holding various
authorities under the Union and State governments accountable through various audits.
• Highlighting its power in this regard, mention how the independence of the CAG is maintained
through various provisions included in the constitution.
• Briefly conclude highlighting the importance of the Office .
Answer:
The Indian Constitution provides for an independent office of the CAG under Articles 148-151.
The CAG is the guardian of the public purse and controls the financial levels of the country at
the central and state levels.
The CAG ensures financial accountability of the Executive to the Legislature through audits
of almost every spending, revenue collecting or aid/grant receiving unit of the Union or State
Government. CAG’s audit domain covers all union and state departments, public commercial
enterprises, non-commercial autonomous bodies as well as all bodies and authorities
substantially financed from the central or state revenues.
The CAG audits the accounts related to all expenditure from the Consolidated Fund of India,
Consolidated fund of each state and UT having a Legislative Assembly, Contingency Fund of
India and states as well as the Public Account of India and public accounts of states. Through its
audit, the CAG ensures that assessment, collection and proper allocation of revenue are done
as per the mentioned rules and procedures. He/she can also conduct proprietary audit i.e.
look into the ‘wisdom, faithfulness and economy’ of government expenditure and comment on
the extravagance of such expenditure.
The CAG submits the audit report on appropriation accounts, audit report on finance accounts
and audit report on public undertakings to the President, who then lays them before the
Houses of Parliament. The appropriate accounts and audit report are scrutinized by the Public
Accounts Committee and the report on public undertakings is scrutinized by the Committee
on Public Undertakings of the Parliament.
This further enhances financial accountability of the Executive to the Legislature.
In exercise of all the above powers, CAG can inspect any office or organisation subject to
his/her audit, examine all transactions and question the Executive and call for any records,
papers, documents from any audited entity. In this scenario, independence of the CAG
assumes great importance and is safeguarded by the Constitution through various means
such as:
o Security of tenure and special procedure for removal (like a Supreme Court Judge) – Thus, not subject to
the pleasure of President, athough appointed by him/her.
o Salary and expenses are charged upon the Consolidated Fund of India – Thus, not subject to voting in the
Parliament.
o Disallowing his/her holding of any other Government office after his/her term expires – Thus, minimising
the chances of quid pro quo.
o Salary and service conditions are determined by the Parliament - Also, his/her salary, pension, retirement
age etc. cannot be altered to his/her disadvantage after appointment.
o No minister can represent the CAG in the houses of Parliament or take any responsibilities for any action
done by him/her.
 Dr B. R. Ambedkar deemed the CAG to be the most important officer under the Indian
Constitution and one of the bulwarks of the Indian democratic system.
Q. CAG is instrumental in securing accountability of the executive to the Parliament in the sphere
of financial administration. Elaborate. Enumerate the provisions made in the Constitution to
ensure the independence of the CAG.
Approach:
 Introduce by highlighting how executive is accountable to the Parliament in a parliamentary
democracy.
 Then discuss how parliament enforces financial accountability upon executive with the help
of PAC and the role of CAG in it.
 Conclude by enumerating the constitutional provisions for ensuring independence of the
CAG.
Answer:
In a parliamentary democracy, executive is a part of legislature and responsible to it for its actions.
Financial accountability is an important aspect of this responsibility. For ensuring this, the
constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor
General of India (CAG).
CAG is the guardian of the public purse and audits the entire financial system of the Central as well
as State governments. Its duty is to uphold the Constitution of India and laws of Parliament in the
field of financial administration.
Financial Accountability and CAG
 Public Accounts Committee is one of the most important standing committee of the
parliament. The function of the committee is to examine the annual audit reports of the
Comptroller and Auditor General of India (CAG), which are laid before the Parliament by the
President.
 The CAG submits three audit reports to the President, namely, audit report on appropriation
accounts, audit report on finance accounts and audit report on public undertakings.
 The Public Accounts Committee examines public expenditure not only from legal and formal
point of view to discover technical irregularities but also from the point of view of economy,
prudence, wisdom and propriety to bring out the cases of waste, loss, corruption,
extravagance, inefficiency and nugatory expenses.
 In the fulfillment of its functions, the committee is assisted by the CAG. In fact, the CAG acts
as a guide, friend and philosopher of the committee.
 The role of CAG is to uphold the Constitution of India and the laws of Parliament in the field
of financial administration.
 The accountability of the executive (i.e., council of ministers) to the Parliament in the sphere
of financial administration is secured through audit reports of the CAG.
Independence
The Constitution has made the following provisions to safeguard and ensure the independence of
CAG:
 Security of tenure: can be removed by the President only in accordance with the procedure
mentioned in the Constitution. Thus, he does not hold his office till the pleasure of the
President, though he is appointed by him.
 He is not eligible for further office, either under the Government of India or of any state,
after he ceases to hold his office.
 His salary and other service conditions are determined by the Parliament. His salary is equal
to that of a judge of the Supreme Court.
 Neither his salary nor his rights in respect of leave of absence, pension or age of retirement
can be altered to his disadvantage after his appointment.
 The conditions of service of persons serving in the Indian Audit and Accounts Department
and the administrative powers of the CAG are prescribed by the president after consultation
with the CAG.
 The administrative expenses of the office of the CAG, including all salaries, allowances and
pensions of persons serving in that office are charged upon the Consolidated Fund of India.
Thus, they are not subject to the vote of Parliament.
ECI
Q. Highlight the powers and functions of the Election Commission of India (ECI). Also, discuss
the issues regarding the independence and impartiality of the ECI.
Approach:
• Give a brief introduction about Election Commission of India (ECI).
• Highlight its administrative, advisory and quasi-judicial powers and functions.
• State the provisions regarding the Commission’s independence and discuss various issues surrounding
it.
Answer:
The Election Commission is a permanent and an independent body established by the Constitution
of India directly to ensure free and fair elections. The Commission has got the jurisdiction
throughout India over elections to Parliament, State legislature, Offices of President and Vice
President.
Powers and functions of the Election Commission of India
• Administrative: The Commission has been given powers for determining the territorial
areas of the electoral constituencies, preparing electoral rolls, notifying the dates and
schedules of elections, granting recognition to political parties, allotting election symbols to
parties, determine the code of conduct in times of elections etc.
• Advisory: ECI is empowered to advise the President and Governor on matters relating to the
disqualifications of the members of Parliament and state legislature respectively.
• Quasi-judicial: It also acts as a court for settling disputes related to granting of recognition
to political parties and disputes arising out of the allotment of election symbols to them.
Independence and impartiality of the ECI
Article 324 of the Constitution contains several provisions to safeguard and ensure the
independent and impartial functioning of the Election Commission such as:
o Chief Election Commissioner (CEC) cannot be removed from office on account of
political reasons and enjoys protection at par with the judges of the Supreme Court.
o Service conditions of the CEC cannot be varied to his disadvantage after his
appointment.
o Election Commissioners cannot be removed from office except upon the
recommendation of the CEC.
Despite these provisions, there are some issues regarding which hinder its complete
independence and impartiality:
• Appointment issues:
• No prescribed qualifications in Constitution: Members are appointed without any defined
criteria or processes.
• Appointments liable to politicization: At present, the appointment is done unilaterally by
the government of the day, which raises the potential for partisan appointments, thus
diluting its credibility.
• Security of tenure: The Constitution has not specified the term of the members of the Election
Commission. Further, Election Commissioners are not given the same level of security of tenure as
that of CEC.
• Post-retirement appointment: The Constitution has not debarred the retiring Election
Commissioners from taking up an office of profit under the state or joining a political party after
retirement.
• Financial autonomy: At present, the budget of ECI is not charged on Consolidated Fund of India
which tends to reduce its independence and autonomy.

In light of this, it is essential to impart requisite institutional protection and independence so that
public faith in the EC is strengthened. This bolsters the case for the removal of any political bias in
the appointment of the CEC and ECs and the same should be channeled in a manner ensuring
adequate participation of all the relevant stakeholders.
Q. What are the constitutional provisions that ensure and safeguard the independence and
impartiality of the Election Commission? In this context also identify the flaws that need to be
addressed to further strengthen the institution.
Approach:
 Introduce by highlighting the importance of independence and impartiality of the Election
Commission.
 Then, describe the constitutional provisions for independence and impartiality of the Election
Commission.
 Detail the flaws that need to be addressed.
 Conclude by suggesting some improvements.
Answer:
For democracy to be meaningful and just, it is important that the election system is impartial and
transparent. Several efforts have been made in India to ensure the free and fair election system and
process. The most important among these is the creation of an independent Election Commission to
‘supervise and conduct’ elections.
Constitutional Provisions
Article 324 of the Constitution has made the following provisions to safeguard and ensure the
independent and impartial functioning of the Election Commission:
 The chief election commissioner is provided with the security of tenure. He cannot be
removed from his office except in same manner and on the same grounds as a judge of the
Supreme Court. Thus, he does not hold his office till the pleasure of the President, though he
is appointed by him.
 The service conditions of the chief election commissioner cannot be varied to his
disadvantage after his appointment.
 Any other election commissioner or a regional commissioner cannot be removed from office
except on the recommendation of the CEC. This provision is meant as a shield to protect
other ECs.
Flaws Though the constitution has sought to safeguard and ensure the independence and
impartiality of the Election Commission, some flaws can be noted, viz,
 Constitutional protection to only 1 member. The ECs can be removed by the government on
recommendation of the CEC.
 ECs budget is not charged on the Consolidated Fund of India.
 The Constitution has not prescribed the qualifications (legal, educational, administrative or
judicial) of the members of the Election Commission.
 The Constitution has not specified the term of the members of the Election Commission.
 No bar on retiring election commissioners from any further appointment by the
government.
 They are appointed by the President of India on the advice of the Council of Ministers. It is
therefore possible for a ruling party to appoint a partisan person to the Commission who
might favour them in the elections.
Broad based consultation in appointment of ECs through transparent mechanism should be
instituted.
Election Commission should be given financial independence from the law ministry. Also, its residual
powers to take action in case there is no legislation should be made explicit.
Q. Highlight the Quasi-Judicial and Advisory functions of the Election Commission of India. Do you
think the powers of the Election Commission need a relook in the context of the challenges it has
faced in recent years? (250 words) 15
Approach:
 Give a brief introduction about ECI and its role.
 Highlight various quasi-judicial and advisory functions of the ECI.
 Discuss the challenges faced by the ECI which are leading to a relook of the powers of ECI.
 Bring out the steps that can be taken to make ECI more powerful to tackle these challenges.
 Conclude accordingly.
Answer:
The Constitution of India under Article 324 provides for an independent and permanent Election
Commission of India (ECI). It has the powers of superintendence, direction and control of the
preparation of electoral rolls and the conduct of elections to the Parliament, the state legislatures,
and the offices of the President and the Vice-President.
Advisory functions of the ECI
 It advises the President and Governor on matters relating to the disqualification of the sitting
members of the Parliament and state legislatures respectively. Also such an opinion is
binding on the President or the Governor.
 It advises the President whether elections can be held in a state under President's rule in
order to extend the period of emergency after one year.
 It also gives it opinion to the higher judiciary on the question of disqualifications and the
time period for which it lasts.
Quasi-Judicial functions of the ECI
 It acts as a court for settling disputes related to granting of recognition to political parties
and allotment of election symbols to them.
 It has the power to disqualify a candidate who has failed to lodge an account of his election
expenses within the time and in the manner prescribed by law.
 The Commission has also the power for removing or reducing the period of such
disqualification as also other disqualification under the law.
 It decides on matters related to violations of Model Code of Conduct.
 It appoints officers for inquiring into disputes relating to electoral management.
 It cancels the polls in the events of rigging, booth capturing, violence and other irregularities.
However, in recent times, the ECI has been facing many challenges such as:
 Conflict between constitutional and legal powers: The ECI is vested with absolute powers
under Article 324, but still has to act according to laws made by Parliament and it cannot
transgress the same. For e.g. Despite being the registering authority for political parties
under Section 29A of the Representation of the People Act, 1951, it has no power to de-
register them even for the gravest of violations.
 Inadequate capacity: The ECI has been found dependent on various government
departments in terms of office finances, legal expertise, security personnel and other staff.
 Unable to curb malpractices: Since the ECI doesn’t have necessary powers; it is not able to
control criminalization of politics or use of money and muscle power in elections.
 Upholding its credibility: ECI’s credibility in recent times has been questioned owing to
allegations like rampant violation of Model Code of Conduct, debates on working of Electoral
Voting Machines, timing of elections and other directions of the commission.
In the backdrop of these challenges, there is a need to relook the powers of the ECI such as:
 Give equal constitutional protection for all three-election commissioners as opposed to just
the CEC.
 Institutionalize the convention where the senior most EC should be automatically elevated
as CEC in order to instil a feeling of security in the minds of the ECs and that they are
insulated from executive interference in the same manner as CEC.
  Reducing the ECI’s dependence on DoPT, Law Ministry, and Home Ministry. The ECI should
have an independent secretariat for itself and frame its own recruitment rules and shortlist
and appoint officers on its own.
 Its expenditures must be charged upon the Consolidated Fund of India similar to other
constitutional bodies such as the UPSC.
 All provisions of Model code of conduct should have legal backing.
 ECI should be given more power with regards to disqualification of member post-election
and in case of anti-defection too. ECI is also demanding a new section 58 B in RPA, 1951 to
deal with money menace similar to section 58 A which is related to booth capturing.
 The Election Commission needs to be given the powers of de-registering a political party
Apart from empowering the ECI, the Law Commission’s recommendations in its 255 th report can also
be considered. It suggested a collegium to improve appointments, consisting of the Prime Minister,
the Leader of the Opposition and the Chief Justice of India for the appointment of the Election
Commissioners.
INTER STATE WATER DISPUTES
Q. Inter-state river water disputes have been among the most pressing issues faced by the Indian
federal system. In this context, examine the potential of the Inter-State River Water Disputes
(Amendment) Bill, 2019 in addressing the issues involved. (150 words) 10
Approach:
 Briefly introduce the inter-state river water disputes and reasons for it being a pressing issue faced by
the Indian federal system.
 Mention the issues associated with existing Act i.e. Inter-state River water dispute Act, 1956
 Highlight potential of the Inter-State River Water Disputes (Amendment) Bill, 2019 in dealing with the
issues.
 Conclude by suggesting other suitable measures that can be undertaken.
Answer:
Depleting groundwater, drying rivers, insufficient rainfall and increasing demand for water have led
to disputes between states over sharing of river water. It is a pressing issue for the Indian federal
system due to:
 Water being a subject in the state list leads to conflicting claims, which act as a detrimental
factor against cooperative federalism.
 Politicisation of the issue due to involvement of local public leading to adoption of hardliner
approach by political leaders of disputing states and making it an emotive issue.
 Inordinate delay in securing settlement of such disputes as there is no time limit for
adjudication. For example, tribunals for Cauvery, Ravi and Beas disputes have been in
existence for over 26 and 30 years respectively without any award.
 Non-compliance of tribunal awards by States is the critical weak link in dispute resolution
and leads to further enmity between states.
The resolution of these disputes is addressed by Article 262 of the Indian Constitution under which
the Parliament passed the Inter-State River Water Disputes Act, 1956. It has the following issues:
 Separate tribunal for each Inter-state river water dispute. This further slows down the process due to
work on appointment of judges, assessors and other experts.
 No provision for an adequate machinery to enforce the award of the Tribunal.
 Lack of uniform standards, which can be applied in resolving such disputes.
 Lack of adequate resources, both physical and human, to objectively assess the facts of the case.
The Inter-State River Water Disputes (Amendment) Bill, 2019 has the potential to streamline the
adjudication of inter-state river water disputes and make the present legal and institutional
architecture robust through the following provisions:
 Dispute Resolution Committee (DRC) to be established by the Central Government before
referring to the tribunal, to resolve the dispute amicably by negotiations within one year.
 Establishment of a single Inter-State River Water Dispute Tribunal, which can have multiple
benches.
 Time limit on a Tribunal to give its decision on the dispute within two years, which may be
extended by another year.
 The decision of the Tribunal shall be final and binding. The bill removes the requirement of
publication of decision in the official gazette in the original Act.
 It makes mandatory for the Central Government to make a scheme to give effect to the
decision of the Tribunal.
 Data collection and maintenance of a databank at national level for each river basin by an
agency to be appointed by the Central government. It will help in continuous evaluation of
the river basins.
 Composition and tenure of members of a tribunal is clearly defined.
However, there are fears of over-centralisation and Supreme Court hearing appeals against water
tribunal rendering the decisions as not final. So, additional measures can be taken such as bringing
water in the concurrent list, river-interlinking and use of Inter-State Council (ISC) in facilitating
dialogue and discussion towards resolving conflicts.
SPECIAL OFFICER FOR LINGUISTIC MINORITIES
Bring out the key functions of the Special Officer for Linguistic Minorities and its contemporary
relevance. (150 words) 10
Approach:
 Briefly explain the office of the Special Officer for Linguistic minorities.
 Mention the functions of this office.
 Explain the contemporary relevance of the same.
 Conclude accordingly.
Answer:
The office of the Special Officer for Linguistic Minorities (also known as the National Commissioner
of Linguistic Minorities) was created in 1957 under Article 350 B of Part XVII of the Constitution,
and is appointed by the President of India.
The following are its important functions:
 Investigation of matters related to safeguards: The Commissioner for Linguistic Minorities
appointed under Article 350-B of the Constitution investigates all matters relating to the
safeguards provided for Linguistic Minorities under the Constitution and Nationally Agreed
Scheme for the Linguistic Minorities.
 Reporting to the President: The office prepares reports upon intervals (as directed by the
President), with all the relevant recommendations and presents it to the President of India
via the Ministry of Minority Affairs.
 Implementation of safeguards: It ensures proper implementation of the safeguards meant
for the linguistic minorities by all the states / UTs.
 Grievance Redressal: The office takes up all the matters pertaining to grievances arising out
of the non-implementation of the safeguards provided to linguistic minorities under
Constitutional and Nationally Agreed Scheme and recommends remedial actions to be
taken.
 Provide awareness and equal opportunities: it is the duty of the Special Officers to ensure
proper awareness about the safeguards meant for linguistic minorities and provide equal
opportunities to them.
 National Integration: The larger objective is to ensure the coexistence of a multi-cultural,
multi-lingual and diverse Indian society with inclusive development, national integration,
and communal harmony.
Contemporary relevance:
 The 2011 census showed 19,569 languages, which got identified to 1,369 ‘rationalised’
mother tongues. Nearly 400 of these languages, however, are facing the threat of
extinction in the coming 50 years.
 In the present-day context, there is a need to preserve linguistic minorities, especially tribal
and small ethnic groups in the country.
 Recently, with the one language debate (Hindi as the national language to unite India) the
need to protect and preserve several linguistic identities has come to the forefront, which
has made the role of the Special Officer for Linguistic Minorities ever more important.

Linguistic diversity can thus be under threat as speakers of diverse languages are becoming rare
and major languages are adopted after abandoning mother tongues, making the role of the Special
Officer even more important.
NCBC
Explain the structure and function of the National Commission for Backward Classes. What is
the significance of recent changes made in its status? (250 words) 15
Approach:
 In the introduction, briefly discuss the origin and recent changes in the status of NCBC.
 Discuss the structure, composition and the function of the NCBC.
 Highlight the significance of recent changes made in the status of NCBC.
Answer:
The National Commission for Backward Classes (NCBCs) was a statutory body established under
NCBC Act, 1993. Recently, it has been accorded a constitutional status through the 102nd
constitutional amendment.
Structure and Composition of NCBC:
The Commission shall consist of one Chairperson, one vice Chairperson and three other members.
 The Chairperson shall be appointed from amongst eminent socio-political workers belonging
to the socially and educationally backward classes, who inspire confidence amongst the
socially and educationally backward classes by their very personality and record of selfless
service.
 The Vice-Chairperson and all other Members out of whom, at least two shall be appointed
from amongst persons belonging to the socially and educationally backward classes;
 at least one other Member shall be appointed from amongst women
 every Member shall hold office for a term of three years from the date on which the
Member assumes such office.
 The Members shall not be eligible for appointment for more than two terms
Functions and powers:
 Article 338 B that provides authority to NCBC to examine complaints and welfare measures
regarding socially and educationally backward classes.
 Article 342 A that empowers President to specify socially and educationally backward
classes in various states and union territories in consultation with the Governor of
concerned State.
 After the Constitutional Amendment, the duties of the NCBC will include:
o to investigate and monitor all matters relating to the safeguards provided for the socially
and educationally backward classes and to evaluate the working of such safeguards;
o to inquire into specific complaints with respect to the deprivation of rights and
safeguards of the socially and educationally backward classes;
o to participate and advise on the socio-economic development of the socially and
educationally backward classes and to evaluate the progress of their development under
the Union and any State;
o to present to the President, annually and at such other times as the Commission may
deem fit, reports upon the working of those safeguards;
o to make in such reports the recommendations as to the measures that should be taken
by the Union or any State for the effective implementation of those safeguards and other
measures for the protection, welfare and socio-economic development of the socially
and educationally backward classes; and
o to discharge such other functions in relation to the protection, welfare and development
and advancement of the socially and educationally backward classes as the President
may, subject to the provisions of any law made by Parliament, by rule specify.
 NCBC will have the powers of a civil court while investigating or inquiring into any
complaints. These powers include:
o summoning and enforcing the attendance of any person from any part of India and
examining him on oath;
o requiring the discovery and production of any document;
o receiving evidence on affidavits;
o requisitioning any public record or copy thereof from any court or office;
 o issuing commissions for the examination of witnesses and documents;
o any other matter which the President may, by rule, determine.
 The central and state governments will be required to consult NCBC on all major policy
matters affecting the socially and educationally backward classes.
Recent changes made in its status & their significance:
 The new Commission has more powers, for instance the power to enforce the safeguards
provided to the socially and educationally backward classes (SEBCs) and solve their
grievances.
 The newly introduced Article 338 (B) has brought NCBC at par with NCSC and NCST. It has
made NCBC the competent authority to look into all the grievances, rights and safeguards
relating to Backward Classes, which was earlier handled by the NCSC.
 The other newly introduced Article 342(A) would bring greater transparency, as it made
mandatory to take the concurrence of the Parliament for adding or deleting any community
in the backward list.
 The new Act has recognized that Backward Classes also need development in addition to
reservations. There are provisions in the Act for development of SEBCs and the new NCBC
role in the development process.
The demand for constitutional status to the OBC commission existed since 1980s. The changes
introduced by 102nd Constitutional Amendment Act therefore are the fulfilment of the long standing
demands of the people.
NITI AAYOG
Enumerate the objectives of NITI Aayog. Also, discuss the performance of this body since its
inception and suggest measures to make it more effective.
Approach:
 Briefly write down the broad mandate of NITI Aayog and enlist its objectives.
 Discuss the performance of NITI Aayog (Achievements and shortcomings) in the last three years.
 Mentioning lacunae, suggest some measures to make it more effective.
Answer:
NITI Aayog, established in 2015, is a think-tank entrusted with the mandate of re-imagining the
development agenda by dismantling old-style central planning.
Objectives
 To evolve a shared vision and foster cooperative federalism through structured support
initiatives and mechanisms with the States on a continuous basis.
 To develop mechanisms to formulate credible plans at the village level and aggregate these
progressively at higher levels of government.
 To pay special attention to the sections of our society that may be at risk of not benefitting
adequately from economic progress.
 To design strategic & long term policy frameworks and monitor their progress and efficacy.
 To create a knowledge, innovation and entrepreneurial support system through a
collaborative community of national & international experts, practitioners & other partners.
Performance of NITI Aayog - Achievements:
 Cooperative federalism: State governments have been given prominence in the functioning of
NITI Aayog and it has also expedited the resolution of issues between the central ministries
and state and UTs.
 Competitive federalism: NITI finalized indices to measure incremental annual outcomes in
critical social sectors like health, education and water etc.
 Human development: It started a special initiative focusing on 115 aspirational districts which
need to improve on key indicators like health, nutrition, education, basic infrastructure and
poverty has been launched.
 Evidence based policy making: It focuses on policy formulation based on adequate data, like it
brought out three year action agenda and development of composite water management
index, promotion of GIS based planning and revamped India Energy Security Scenarios (IESS),
2047.
 Reforms in Agriculture: It brought out policy paper on reforms in APMC Act, rejuvenating
fertilizer sector, doubling farmer's income, Model Act on Agricultural Land Leasing etc.
 Knowledge and Innovation: It developed the Good Practices Resource Book, launched Atal
Innovation Mission and hosted Global Entrepreneurship Summit, 2017.
Shortcomings/Criticism:
 Niti Aayog‘s three-year action agenda has too wide approach for imminent challenges.
 Limited focus on implementation challenges, bureaucratic reforms and government-citizen
interaction, which is core to several good ideas remaining on paper.
 It doesn‘t focus adequately on the practical aspects of its recommendations. It lacks creation
of a feedback loop, fixing accountability of bureaucrats and process reforms are missing.
Measures to make NITI Aayog more effective
 Rather than measuring the performance alone, NITI also needs to emphasize on building the
capacity to perform.
 For sectoral specialty, it needs to design customized solutions depending on the impediment
by taking help from external experts.
 People‘s participation should also be provided enough attention in the administrative
structure of NITI Aayog.
Implementing these measures, will help NITI Aayog metamorphose into an organization which can
transform implementation of policy reforms and play a more meaningful role in shaping the
country's future.
NATIONAL COMMISSION FOR MINORITIES
Q. Highlight, in brief, the mandate of the National Commission for Minorities (NCM). Identify the
different challenges that the commission faces and suggest measures to address them.
Approach:
 Give as brief introduction about NCM and highlight its mandate.
 Mention the challenges which the commission is facing.
 Suggest some measures to address these challenges.
Answer:
National Commission for Minorities was set up by Union government as a statutory body under the
National Commission for Minorities Act, 1992. The Act provides for the following mandate for the
commission:
 Evaluation of the progress of the development of minorities under the Union and States;
 Monitoring of the working of the safeguards for minorities provided in the Constitution and
in laws enacted by Parliament and the State Legislatures;
 Making recommendations for the effective implementation of safeguards for the protection
of the interests of minorities by the Central Government or the State Governments;
 Looking into specific complaints regarding deprivation of rights and safeguards of minorities
and taking up such matters with the appropriate authorities;
 Conducting studies, research and analysis on the issues relating to socio-economic and
educational development of minorities and making periodic reports and suggesting
appropriate measures to the government.
However, NCM as an institution suffers from several major structural inefficiencies and challenges in
fulfilling its mandate such as:
 Capacity related challenges: It is characterized by human resource deficiency at various key
positions, and under-utilization of technology. Consequently, it results in high case
pendency, nonredressal of grievances and lack of predictability in hearings.
 Financial planning and expenditure related challenges: Funds allocated are limited, a
majority of which is spent on salaries and very little, if at all, on research studies and
publications.
 Legal and constitutional authority related challenges: Absence of constitutional authority,
render it incapacitated to fulfill its mandate. Further, State Minority Commissions are not
given adequate powers to implement, monitor, and review developmental programs for
Minorities.
Measures that can be taken to address the challenges faced by NCM:
 Setting baseline targets to keep pendency in check and result based management to ensure
accountability and transparency in the operations.
 Human resource assessments should be periodically done for its efficient functioning
considering the volume of cases.
 Stakeholder Satisfaction Survey should be undertaken for citizens to anonymously provide
feedback regarding the qualitative redressal of their grievances.
 Institutionalizing “e-hearing” mechanism which connects appellants from their home
districts to the Commission to obviate the need for people to travel far distances for
attending hearings.
 Delineating and strengthening the role of state level commissions by segregating cases
between National and State commissions based on financial loss, extent of hurt, extent of
social injustice etc.
Constitutional status to NCM along with the above measures would ensure that NCM is able to carry
out its legal mandate effectively.
CONTEMPT OF COURT
Q. While the power to punish for the contempt of court is a much needed tool to protect the
administration of justice from being maligned, it is time that it be relooked into. Critically analyse.
Approach:
 Define contempt of court and give the constitutional and legislative provisions.
 Give arguments in favor of retaining the contempt of court provisions
 Discuss the issues with the current provisions of contempt of court.
Answer:
Articles 129, 142 and 215 of the Indian Constitution and the Contempt of Courts Act, 1971 vest the
Superior Courts with the power to punish for their contempt. This is also facilitated by the article 19
(2).
The purpose behind the contempt provision is to protect the administration of justice from being
maligned and to ensure compliance with judicial orders.
The 1971 Act defines civil and criminal contempt. Civil contempt is when a person willfully disobeys
any order of a court. Criminal contempt is interfering with the administration of justice, or
scandalizing the court or lowering its authority. Hence, it gives the courts wide powers to restrict an
individual‘s fundamental right to personal liberty.
There have been several instances where fair criticism of the judiciary has invited the threat of
contempt proceedings, thus thwarting the fundamental right of freedom of speech and expression.
This has necessitated a relook into the criminal contempt provisions.
Relevance of power to punish for the Contempt of Court
 Power to punish for non-compliance of its orders is essential to maintain the confidence in
the judiciary and ensure the rule of law.
 It enforces the equality before law - Acts as a tool against the rich and the powerful by
forcing compliance with the orders of the court.
 According to 274th Law Commission Report no changes are required to the 1971 statute.
Even in the absence of the legislation, the Courts have the power to punish for their
contempt under the constitution. In fact, by laying down the procedure, the act restricts the
vast authority of the courts in wielding contempt powers.
 It is also needed to maintain credibility and efficiency of judiciary. For example, the Supreme
Court issued contempt proceedings against Justice Karnan for his demeaning behavior.
 It is needed for the independence of the judiciary and protect its functioning from the
opinion of media and the public.
Arguments for relook
 It goes against the fundamental right of Free Speech and Expression.
 In a democracy, judicial accountability is also required. For example, terming FIR against a
sitting judge as contempt of court raises the question of its accountability.
 The grounds, on which contempt proceedings can be initiated such as ‗scandalizing the
court‘, are open ended and vague which are prone to misuse.
 In UK as well, the offence of ‗scandalizing the court‘ as a ground for criminal contempt has
been abolished in 2013.
Law of contempt of court, along with other laws, like sedition, is a remnant of our colonial past,
enacted to curtail public scrutiny. A mature approach to criticism will inspire public confidence in
judiciary. These laws should be examined to refine the broad provisions prone to misuse. Further,
care should be taken that dilution of the Act does not interfere with independent functioning of
judicial system in India.
MINORITIES RIGHTS
Q. Special rights are not privileges but they are granted to make it possible for minorities to
reserve their identity, culture and traditions. Elaborate in the context of India with examples.
Approach:
 Bring out the need for extending special rights to minorities.
 Discuss these special rights in the context of India (viz. constitutional protection to minorities).
 Give examples of government policies/institutions contributing to preservation of minorities in India.
Answer:
In a democratic setup, there is always a tendency of majoritarian domination. In a polity based on
rule of law, this means that every group of citizens must be given sufficient protections, especially
with regard to preserving their identity and culture. Special rights granted to minorities ensure
these. Also, idea of rights of minorities does not include any special political privileges. The idea is
not to treat minorities as privileged section of the population but to give them a sense of security.
These rights are universally accepted and are laid down in United Nations Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
In India, the safeguards for minorities under the constitution of India are in the form of fundamental
rights:
 Article 14 provides for equality before the law and equal protection of law. Thus minorities
cannot be put to any legal disability vis- a-vis the majority.
 Articles 15 and 16 prohibit discrimination ONLY on certain grounds (religion, race, caste, sex
or place of birth).
 Article 29 explicitly provides the right to every section of citizens having distinct language,
script or culture to conserve the same.
 Article 30 accords the rights to religious/linguistic minorities to establish and administer
educational institutions.
Further, following articles deal exclusively with linguistic minorities:
 Art. 347- Power of President to direct a language to be included as an official language of a
state if a substantial proportion of the state population desires
 Art. 350- Representation of a grievance to a Union/State authority in any of the languages
used in the Union/State as the case may be.
 Art. 350A- Facilities for instruction in mother-tongue at primary stage
 Art. 350 B- Provision of special Officer for Linguistic Minorities
Examples of protection of minority rights:
 Provision of National Commission for Minorities, National Commission for Minority
Educational Institutions and National Minorities Development Finance Corporation (NMDFC)
 Instruction through mother tongues at the Primary stage of education
 Implementation of Three-language Formula.
 Prime Minister’s New 15 Point Programme for Welfare of Minorities
 Developmental schemes like Nai Manzil, USTAAD, Humari Darohar,Jiyo Parsi , Maulana Azad
National Fellowship For Minority Students , Nalanda Project etc.
 Dissemination of information in vernacular languages.
These provisions do not give any privilege to minorities. They ensure that their progress is not stalled
because of ideology of the government in power. These rights recognize their special conditions as
well as possible challenges of a democracy. Their implementation is the constitutional/statutory
responsibility of the State to ensure inclusive growth and development.
CRIMINALISATION OF POLITICS
Q. Criminalisation of politics remains a key concern for the Indian political system. In this context,
analyse the role played by the Supreme Court and Election Commission over the years. Also, in
what ways can the media play a positive role?
Approach:
 Briefly discuss the current status of criminalization of politics in India.
 Discuss the various judgments relating to criminalization of politics given by Supreme Court (SC).
 Discuss the role played by the Election Commission over years to check the criminalization of politics.
 Discuss the ways in which media can play a role in cleaning the politics of India.
 Suggest other innovative strategies to decriminalize the politics in India.
Answer:
The participation of persons involved in criminal doings, minor or major in political functioning of the
country is termed ―criminalization of politics‖. According to ADR‘s (Association for Democratic
Reforms) data around 34% of the legislators are having criminal charges while only 0.5% were
convicted of criminal charges in a court of law. It has grown multifold mainly due to the unholy
nexus between politicians and criminals, where both operate in a mutually beneficial partnership.
Role played by Supreme Court (SC)
 In Lily Thomas case (2013), SC ruled that a sitting MP and MLA convicted of a jail term of
two years or more would lose their seat in the legislature immediately.
 Introduction of None Of The Above (NOTA) option in PUCL vs Union of India, 2014 to put
moral pressure on political parties to put up clean candidates.
 In UoI vs ADR 2002, the SC directed that all the contesting candidates shall disclose their
assets and liabilities, criminal conviction, if any, and pending cases in court of law at the time
of filling the nomination papers.
The SC in 1997 directed all the High Courts not to suspend the conviction of a person on appeal if he
was convicted and sentenced to imprisonment by a trial court under the Prevention of Corruption
Act 1988.
 In Public Interest Foundation Vs UoI 2014, the SC directed the trial courts to complete the
trial of cases involving the legislators within one year.
 Recently, SC also recommended setting up fast-track courts to deal with the cases involving
the legislature.
Role played by Election Commission of India (ECI)
 ECI suggested debarring candidates facing serious criminal charges (related to heinous
offences such as murder, rape, kidnapping or moral turpitude) in 2015.
 Digitizing the election process by incorporating Electronic Voting Machines and installing
CCTV camera at sensitive polling booths to bring more transparency by preventing
malpractice of false voting and ballot tampering.
 VVPAT initiative to further enhance accountability in the election process.
 Enforcement of Model Code of Conduct by ECI after announcement of election schedule.
Role that Media can play
 Conducting sting operations to put forward true nature of a candidate.
 Keeping the electorate aware and informed which would ultimately strengthen the
democracy.
 Refusing to advertise for person involved in criminal activities.
 Keeping a watch on the funding mechanism of the political parties i.e. usage of black
money.
 Helping security forces to track down the hired goons.
Along with these, other electoral reforms also need to be undertaken such as Right to Reject, Right
to Recall, amending Representation of People‘s Act to debar convicted MPs and MLAs for life from
contesting elections, bringing political parties under RTI etc. to ensure that entry of criminal
elements in our democratic process is minimized.
Q. While the Competition Commission of India and sector-specific regulators are required to
complement each other, overlapping jurisdiction has resulted in regulatory parallelism amongst
them. Comment.
Approach:
 Give a brief introduction about CCI.
 Explain how CCI and sector specific regulators complement each other.
 Then explain how overlapping jurisdiction amongst them is causing regulatory issues.
Answer:
Competition Commission of India (CCI) is a statutory body responsible for enforcing the Competition
Act, 2002 throughout India to ensure level playing field and uphold consumers’/public interests. On
the other hand, given the need for specific regulation, several sector-specific regulators have been
constituted over the years.
Sector-specific regulators usually refer to a diverse set of instruments by which governments set
requirements on market behavior or structure on different stakeholders for a specific sector e.g.
such as TRAI, SEBI, IRDA etc..
Complementary roles
 Generalist v/s specialist – The sectoral regulators have domain expertise in their relevant
sectors whereas the CCI has been constituted with a broad mandate to deal with promoting
competition in all the economic sectors.
 Proactive v/s reactive - Sector specific regulation identifies a problem ex ante, and builds an
administrative machinery to address behavioral issues before the problem arises, while on
the other hand, CCI would usually address the problem ex post in the backdrop of market
conditions.
While the role of CCI and sector-specific regulators are required to be complementary, overlapping
jurisdictions at times can be a source of parallelism and friction in areas such as:
 Licensing Conditions
 Market Dominance
 Monopoly Pricing
 Restrictive Business Practices
 Merger Control.
For Instance: In the past, financial sector has also witnessed face-offs between the RBI and CCI
regarding mergers in the banking sector. In past both CCI and TRAI have had issues related to tariffs
in telecom sector. In the case of CCI and SEBI overlap exists pertaining to merger or acquisition or
amalgamation to fructify in India. CERC and CCI‘s jurisdiction overlaps to a considerable extent on,
say for e.g., anticompetitive agreements in the electricity sector.

To address such regulatory duplicity to create a more enabling business environment for industry,
the following steps can be taken:
 Inculcating appreciation of the difference between the technical domain of the sector
regulators and anti-competitive behaviour within the domain of competition authorities. The
realm of competition law enforcement ought to be left in the hands of the competition
authority.
 Instead of a reactive approach on such conflicts, regulators must address such issues head
on and leave no room for ambiguity.
 As a matter of policy, formal and informal exchanges between various sectoral regulators
and CCI should be encouraged.
 Exchange of personnel on deputation or internship basis.
 Participation in each other’s training programmes, workshops, seminars, etc.

Learning form international best practices a clear understanding on cooperation can be inculcated
between competition regulator and sector specific regulator e.g in Finland both the entities have
signed MoU defining ways to eliminate overlap.