YLM-Test-Series-2024 - 4-0-Test-9 (GS Essential Test) - Synopsis

IPM2024 TEST 9 – Polity Synopsis
NOTE: Please remember that the following ‘answers’ are NOT ‘model answers’. What we are providing is content that both
meets the demand of the question and at the same time gives you extra points to attempt similar questions.
Diagrams/Images have been provided for your understanding.
Q1. The Constitution of India is a moral education document aimed at creating a moral code of conduct in society. Illustrate.
(10M)
Introduction
The Constitution of India is an all-encompassing document providing a framework for governance, rights, institutions and
principles.
Body
However, it is not merely a legal document that creates a code of conduct for the government but a moral education document
aimed at creating a moral code of conduct in society, which is evident from the following:
• The Preamble acts as a guide and highlights the goals and objectives required for the proper conduct of society. For
example, the emphasis on secularism or fraternity.
• Fundamental rights are wide enough to cover every aspect of societal life from speech to peaceful assembly to the right
to marry, and religious practice among others.
• Fundamental Rights uphold personal rights and liberty and ensure group rights. For example, while Article 21 emphasizes
personal liberty, Article 29 provides protection for minorities.
• The Constitution encourages individuals to act in a manner to address the historic injustice, inequalities and
discrimination against marginalized communities. For example, it provides for the abolition of untouchability and also
emphasizes fraternity.
• Directive Principles of State Policy: The guidelines promote social justice, economic welfare, and individual well-being.
These principles reflect the moral aspirations of the society, aiming to eliminate inequality, poverty, and injustice.
• Protection of Minority Rights: The Constitution ensures the protection of minority rights and provides safeguards for
their cultural, educational, and religious freedoms.
• The Fundamental Duties remind citizens of their duties towards the State and its fellow citizens. For example, the duty
to abide by the Constitution as well as the duty to uphold the spirit of common brotherhood.
• It addresses the regional inequalities that exist by providing special status for certain regions. For example, the 5th and
6th Schedule.
Conclusion
As the Chief Justice of India notes the Constitution of India was designed not for people as they were but what they ought to
be.
Q2. What does "fraternity" mean in the preamble of our Constitution? Is the concept of fraternity in India more crucial now
than ever before? (10M)
Introduction
According to Dr. Ambedkar “Fraternity means a sense of common brotherhood of all Indians — of Indians being one people. It is
the principle which gives unity and solidarity to social life,”. No one should treat a fellow citizen as inferior. While the morals of
www.insightsonindia.com 1 instacourses.insightsonindia.com
Preamble like- Justice, Equality, Liberty have been explicitly and implicitly ensured through Fundamental Rights, Directive
Principles and other constitutional provisions, this is not the case with Fraternity.
Body:
Fraternity meaning in the preamble of our constitution:

• Signifies moral obligation: The concept of Fraternity signifies moral obligations rather than rights, an obligation to treat
fellow human beings justly and respectfully. It implies placing social cohesion above individual identity.
• One of the pillars of constitutional morality: It is one of the four pillars of constitutional morality spelt out in the
Preamble of India’s Constitution: justice, liberty, equality, and fraternity.
o Gains coming from the other three are strengthened and enriched by a sense of fraternity.
• The dignity of the individual: The Constitution views fraternity significantly as a source of affirming “the dignity of the
individual” and the “unity” of the nation.
o The former is accomplished by recognising the moral equality of individuals, upheld through mutual respect,
despite all our differences, of religious belief, caste, language, culture, ethnicity, class and gender.
• Source of unity of the nation: Both Ambedkar and the Constitution derive the unity of the nation from the fraternity.
Not from forcing minorities to adhere to majoritarian principles, but instead a sense of mutual belonging and respect
that transcends all other differences between the people.
o Fraternity is both a way of feeling and a political principle.
• Promotes social solidarity: The idea of fraternity is closely linked to that of social solidarity, which is impossible to
accomplish without public empathy.
• Sense of common brotherhood transcending religion, language, and regional or sectional diversities (Article 51A). This
is to be promoted through single citizenship.
• The Supreme Court, as the ultimate protector and interpreter of our Constitution, has also invoked the principle of
fraternity, though less frequently than the invocation of liberty and equality.
Is the Concept of fraternity in India more crucial than ever before? Yes, it is. Our Constitution makers discussed fraternity 75
years ago and their views seem more relevant to present India, because
• Less practised: Fraternity remains the least understood, least discussed, and least practised of the four pillars of
constitutional morality.
• Diversity: India is a diverse society, which of late has witnessed instances of social and communal tensions, polarization,
and incidents that threaten the fabric of unity. E.g. Delhi riots, citizenship amendments protests, ongoing Kuki-Meitei
differences etc.
o Therefore, the concept of fraternity becomes even more important for India as it helps foster unity,
understanding, and social cohesion.
• Inter-state conflicts and challenges to internal security like left-wing extremism, terrorism, cybersecurity, fake news, etc.
• Prejudice and inequality: In a nation where citizens are lynched for their choice of food or communities argue for
cultural/religious practices to precede constitutional guarantees, we need to adopt a way of life wherein we live the value
of fraternity – our success as a nation depends on this.
• Still secessionist movements persist as demand for Greater Nagalim, the Pathalgadi movement, lack of unified polity
manifested in temporary provisions for certain states like Article 371, and border disputes, especially with Pakistan and
China.
o The focal point of this re-imagination has to be fraternity, providing adequate shared spaces to empathise,
evolve and foster a composite culture based on Constitutional and humanitarian ideals.
Conclusion
Ambedkar dreamed of an India in which divisions of caste and religion would gradually fade away in the spirit of fraternity.
Therefore, investing in the concepts like fraternity would save society from fragmentation.
Q3. Examine the inherent flaws within the preventive detention laws in India that contribute to their characterization as
"Lawless Law"? (10M)
Introduction
Prevention detention refers to the detention of a person based on a reasonable apprehension that such a person is likely to
commit an offence. The object behind preventive detention is not to punish but to prevent the commission of an offence. It is
precautionary in nature and seeks to accord importance to the security of the country.
Body
According to Article 22(1), a person can be detained for preventive purposes if there are reasonable grounds to believe that the
individual's activities are likely to be prejudicial to the security of the state, the maintenance of public order, or the interests of
India.
The main legislation governing preventive detention in India is the Conservation of Foreign Exchange and Prevention of
Smuggling Activities Act (COFEPOSA) of 1974, the National Security Act (NSA) of 1980, and certain provisions under the
Unlawful Activities (Prevention) Act (UAPA) 1967.
Due to the following inherent flaws, preventive detention law in India is regarded as “Lawless law”:
• Arrest and detention are done even prior to the commission of an offence. This goes against foundational principles of
criminal law.
• Detention, which is a curtailment of liberty, is not based on a conclusive trial but a reasonable apprehension, which
could be wrong.
• The safeguards available to persons under ordinary arrest are not available to those who are detained preventively.
For example, the right to be heard is not the same as under regular detention.
• Most preventive detention laws largely restrict the scope of judicial intervention.
• They violate not only the right to liberty under Article 21 but also other fundamental rights like Article 19.
• It is anticipatory in nature and does not relate to an offence.
• Broad discretionary powers are given to authorities which makes this law highly susceptible to abuse. For instance, it may
be used to suppress political dissent or curtail civil liberties.
However, as per Clauses 4 to 7 of Article 22, the grounds of detention ought to be communicated to the detenu, they must be
given the earliest opportunity to make representations and the detenu cannot be detained beyond 3 months unless an Advisory
Board finds cause to extend the detention.
Conclusion
As noted by the Supreme Court (hearing a petition by Sushanta Kumar Banik), preventive detention is a serious invasion of
personal liberty, it must be used only in exceptional circumstances and safeguards laid down in Constitution must be strictly
adhered to.
Q4. Why is the Basic Structure Doctrine considered a "North Star" in constitutional interpretation? (10M)
Introduction
The doctrine of basic structure is a judicial innovation that puts a limitation on the amending powers of the Parliament. The
doctrine was propounded by the Supreme Court in Keshavananda Bharati v. State of Kerala (1973) and its objective is to ensure
that the basic features of the Constitution remain unaltered and to preserve the core identity of the Constitution.
Body
The Chief Justice of India D. Y. Chandrachud called Basic Structure Doctrine a North Star. This is because it guides and gives
directions to law-makers, implementers and interpreters.
• The doctrine acts as a "North Star" because it provides a fixed reference point or guiding light for constitutional
interpretation.
• It helps prevent any arbitrary or excessive exercise of power by the government and ensures that constitutional
amendments do not violate or undermine the essential features of the constitution.
• It maintains constitutional supremacy by preventing lawmakers from undermining the essence of the Constitution.
• Limiting the powers of lawmakers prevents the rise of any authoritarian regime.
• The core values and goals of the Constitution remain intact. For instance, secularism was identified as a ‘basic feature’
in S.R. Bommai v. State of Karnataka.
• It acts as an effective system of checks and balances and avoids any concentration of power in any one organ of the
government.
• The doctrine has been instrumental in safeguarding the fundamental rights of citizens.
• The Doctrine ensures consistency and stability in the interpretation of the Constitution itself.
While the doctrine of basic structure has been criticized for being vague for it is not defined and for this reason, it can result in
expansive interpretation.
Conclusion
However, despite the criticism, by and large, the Basic Structure Doctrine acts as a guiding star that seeks to maintain the sanctity
of the Constitution.
Q5. Fundamental rights and Fundamental duties are like two faces of the same coin whose purpose is to ensure a harmonious
and peaceful coexistence in a democracy. Discuss. (10M)
Introduction:
Mahatma Gandhi in Hind Swaraj observed that “Real rights are a result of the performance of duty”. Rights and duties are
closely related and cannot be separated from one another. Rights and Duties are the two sides of the same coin. Achieving the
constitutional vision and the vision of the founding fathers enshrined in the preamble needs a perfect balance of rights and
duties.
Body
Rights and duties as the two faces of the same coin
1. Rights and duties go hand in hand: Citizens have the right to amenities like electricity and clean water, but it is their
duty to conserve resources and prevent wastage.
2. According to Harold Laski, one man’s right is also his duty- If the state gives the right to life to a citizen, it also imposes
an obligation on him not to expose his life to dangers, as well as to respect the life of others and do not become a
threat to the life of others.
3. Not fulfilling duties undermines rights: Enjoying the right to a pollution-free environment requires citizens to actively
participate in climate-friendly actions, like planting trees and reducing pollution, to make the right meaningful.
4. Balancing rights and duties: While citizens have the right to better infrastructure and facilities, it is their duty to follow
traffic rules to ensure safety and orderly transportation.
5. Examples of the importance of balancing rights and duties: Voting is both a right and a duty in a democracy, and
citizens must fulfil their responsibility. Similarly, enjoying civic facilities entails the duty of timely tax payment for the
nation's welfare.
6. Loyalty to the state: The state safeguards rights and citizens have the duty of loyalty towards the state, acknowledging
their role in upholding rights and fulfilling responsibilities.
How does balancing both ensure a harmonious and peaceful coexistence in a democracy
• Respect for the law and the rule of law: Citizens have the right to be treated fairly under the law. However, they also
have the duty to obey the law and to respect the rights of others.
o For example, citizens have the right to protest peacefully. However, they also have the duty to obey the law
and to not disrupt public order.
• Building a sense of community: Citizens have the right to participate in their communities. However, they also have the
duty to contribute to their communities and to make them better places to live.
o For example, citizens have the right to volunteer their time to help others. However, they also have the duty
to volunteer their time to help their communities, such as by cleaning up parks or volunteering at a local soup
kitchen.
• Creating a more just and equitable society: Citizens have the right to equal opportunity. However, they also have the
duty to help create a more just and equitable society by working to eliminate discrimination and inequality.
o For example, citizens have the right to education. However, they also have the duty to help ensure that
everyone has access to quality education, regardless of their background.
Conclusion:
By emphasizing the correlation between rights and duties, the Constitution aims to bring about a social revolution, paving the
way for a free, egalitarian future. It holds the potential to ensure genuine dignity and well-being for all citizens of India.
Q6. Defining interest groups, explain their role in ensuring accountability and control over the administration with suitable
illustrations. (10M)
Introduction:
An interest group is a group of people who share a common interest and who try to influence government policy in ways that
benefit their group. Interest groups can play a role in ensuring accountability and control over administration in a number of
ways.
Body:
Role of interest groups in ensuring accountability and control over the administration
1. Advocacy and Representation: Interest groups in India, such as farmer unions, advocate for farmers' rights and
influence agricultural policies, demanding fair prices for their produce and better support from the government.
• The National Alliance of People's Movements (NAPM) is an umbrella organization of over 200 grassroots
organizations that works to protect the rights of the poor and marginalized in India
2. Grassroots Mobilization and Awareness: Interest groups like social justice movements or Dalit rights organizations
mobilize public support and create awareness about issues such as caste discrimination, working towards a more
equitable and inclusive society.
• The Swaraj Abhiyan is a political movement that advocates for greater decentralization of power in India. The
Swaraj Abhiyan has lobbied the government to devolve more power to the states and to the Panchayats (local
governments).
3. Legal Action and Judicial Accountability: Interest groups like environmental NGOs use legal avenues to hold the
administration accountable.
• For example, the Green Tribunal of India provides a platform for environmental groups to challenge activities
causing environmental degradation and seek legal remedies.
4. Monitoring and Oversight: Transparency and accountability in India's administration are ensured through interest
groups like anti-corruption organizations, which monitor government actions and raise concerns about corruption,
promoting accountability and good governance.
• For example, the NAPM has filed numerous lawsuits against the government, challenging its actions on a
wide range of issues, including land acquisition, environmental protection, and the rights of tribal people.
5. Expertise and Policy Input: Professional associations in India, such as the Indian Medical Association, provide expertise
and inputs to the government on healthcare policies, ensuring that the administration considers the needs and
concerns of healthcare professionals and the public.
Conclusion:
Interest groups can play a valuable role in ensuring accountability and control over administration in India. By monitoring the
activities of the government, lobbying for change, and filing lawsuits, interest groups can help to keep the government in check
and ensure that it is responsive to the needs of the people.
Q7. Mention the key forms of legislative control that exist to uphold the principle of checks and balances between the
legislative and executive branches. (10M)
Introduction
The principle of checks and balances is designed to ensure that no one branch of government becomes too powerful and that
the government as a whole remains accountable to the people. One way that the principle of checks and balances is upheld in
India is through the legislative control that the Parliament exercises over the executive branch.
Body
Legislative control over the executive
The key forms of legislative control that uphold the principle of checks and balances between the legislative and executive
branches are:
1. Lawmaking Powers (Article 245): The legislature enacts and amends laws, setting rules for the executive. This ensures
that the executive operates within the framework defined by the legislature, maintaining checks and balances.
2. Budgetary Control (Article 265, 266, 267): Parliament has the power to control and approve the government's budget,
providing oversight and ensuring responsible financial management by the executive.
3. Question Hour (Article 118): Members of Parliament can question ministers during the Question Hour, holding the
executive accountable for its policies, actions, and decisions in a public forum. This promotes transparency and
encourages the executive to justify its actions.
4. The Motion of No Confidence (Article 75, 164): A motion of no confidence, if passed in the Parliament, can lead to the
resignation of the government or dissolution of the House. This mechanism ensures that the executive remains
accountable to the legislature and can be removed if it loses the confidence of the majority.
• E.g., Although no-confidence motions are relatively rare, the last one was tabled in July 2018.
5. Parliamentary committees - (Articles 95, 105, 118): Parliamentary committees, such as the Public Accounts Committee
and the Estimates Committee, scrutinize the executive's activities, policies, and financial management. This oversight
mechanism ensures transparency, identifies any irregularities, and promotes accountability.
• E.g., PAC's examination of the controversial Rafale fighter jet deal and the functioning of the Goods and Services
Tax (GST) Council.
6. Impeachment (Article 61, 124): Parliament has the power to impeach the President, Vice President, and judges for acts
of misconduct or violation of the constitution. This provision serves as a significant check on the executive and judiciary,
holding them accountable for their actions and upholding the principle of checks and balances.
Conclusion:
The legislative control that the Parliament exercises over the executive branch is one of the key ways that the check and balance
principle is upheld. The Parliament's powers to withhold funding, impeach officials, confirm appointments, override vetoes, and
investigate the executive branch give it a significant amount of influence over the executive branch.
Q8. What are some of the frequently overlooked aspects of tribunal functioning in India that have been brought into focus by
the Tribunals Reforms Act 2021? (10M)
Introduction
A tribunal is a quasi-judicial institution that is set up to deal with problems such as resolving administrative or tax-related disputes.
Part XIV-A of the Constitution which consists of two Articles 323A and 323B deals with these Tribunals E.g.: the National Green
Tribunal, Central Administrative Tribunal etc.
Recently, the government passed the Tribunals Reforms Act 2021, which aims to streamline the functioning of various tribunals
in the country. It has brought attention to several aspects of tribunal functioning that were previously overlooked.
Body:
Frequently overlooked aspects of tribunal functioning in India:
• Opaque system: The manner of appointment of its members, performance appraisal, career path for tribunal members,
remuneration, and terms of service, are all outside the oversight of the judiciary. This is the foremost problem with
tribunalisation.
• Executive interferences: In India, executive interference in the functioning of tribunals is often seen in matters of
appointment and removal of tribunal members, as well as in the provision of finances, infrastructure, personnel and other
resources required for the day-to-day functioning of the tribunals.
• Lack of adequate infrastructure to work smoothly and perform the functions originally envisioned for them. There is a
lack of understanding of the staffing requirements in tribunals.
• No judicial background: Administrative tribunals are manned by administrators and technical heads who may not have
a background in law or training in judicial work. At times they adopt summary procedures to deal with cases coming
before them.
• Conflict of interest: Tribunals operate under the thumb of parent administrative ministries against whom many of them
are meant to pass orders, therefore remaining at their mercy with visible and invisible strings for facilities, infrastructure
and also rule-making.
Tribunals reform act, 2021: it replaces a similar Ordinance promulgated in April 2021 that sought to dissolve eight tribunals.
• Rationalisation of tribunals: It seeks to dissolve certain existing appellate bodies and transfer their functions to other
existing judicial bodies.
o For example, Film Certification Appellate Tribunal, Airports Appellate Tribunal, Authority for Advance Rulings,
Intellectual Property Appellate Board and the Plant Varieties Protection Appellate Tribunal are the five tribunals
which are sought to be abolished by the Act and their functions are to be transferred to the existing judicial
bodies.
• Independence and Accountability: It establishes a uniform appointment process for tribunal members and provides for
a fixed tenure, removal procedures, and disciplinary mechanisms.
o The act provides for a four-year term of office (subject to the upper age limit of 70 years for the Chairperson,
and 67 years for members).
o Further, it specifies a minimum age requirement of 50 years for the appointment of a chairperson or a member
• Appeal Mechanism and Judicial Review: The Act introduces changes in the appeal mechanism from tribunals to higher
courts. It provides for a single avenue of appeal, mainly to the High Courts, which aims to simplify the process and reduce
delays.
• Uniform pay and rules: The act provides uniform pay and rules for the search and selection committees across tribunals.
• Promotes ADR: The Act encourages the use of alternative dispute resolution mechanisms, such as mediation and
settlement, in the tribunal process. This provision aims to expedite resolution, reduce the backlog, and provide parties
with more accessible and cost-effective means of resolving disputes.
Conclusion
As tribunals have attained a unique place in the Indian judicial landscape and have been adjudicating several important matters,
their independence has to be crystallised and preserved in reality.
Q9. Why is the delimitation of electoral constituencies carried out? What is the role of the Delimitation Commission in this
process? (10M)
Introduction
Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province
having a legislative body. The job of delimitation is assigned to a high-power body. Such a body is known as Delimitation
Commission or a Boundary Commission. In India, such Delimitation commissions have been set up four times in the past under
the ‘Delimitation Commission Acts’ of 1952, 1962, 1972 and 2002.
Body:
Rationale behind delimitation of electoral constituencies:
• Ensuring population equality: One of the fundamental principles of democratic representation is the concept of "one
person, one vote." Delimitation aims to distribute constituencies in a way that ensures a roughly equal number of voters
in each constituency.
• Fair division of geographical areas: It also aims at a fair division of geographical areas so that one political party doesn’t
have an advantage over others in an election.
• Community and Minority Representation: Delimitation seeks to ensure adequate representation of diverse communities
and minority groups within the population. E.g. reserving seats for SC and STs.
• Administrative Efficiency: Delimitation also aims to achieve administrative efficiency in the electoral process. By
organizing constituencies in a logical and manageable manner, electoral authorities can effectively conduct voter
registration, campaigning, and the overall electoral process.
• Preventing Malapportionment: Malapportionment refers to the situation where some constituencies have significantly
larger or smaller populations than others, leading to disproportionate representation.
o Delimitation addresses this issue by readjusting constituency boundaries periodically, bringing them in line with
population changes.
According to the Delimitation Commission Act, 2002, the Delimitation Commission appointed by the Centre has to have three
members: a serving or retired judge of the Supreme Court as the chairperson, and the Chief Election Commissioner or Election
Commissioner nominated by the CEC and the State Election Commissioner as ex-officio members.
It plays a crucial role in the delimitation process in the country: -

• Determining Constituency Boundaries: The Delimitation Commission is responsible for demarcating the boundaries of
parliamentary and state assembly constituencies. It reviews the existing constituencies, considers population data, and
determines new constituency boundaries to ensure electoral equality and fair representation.
• Reserving seats: The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled
Tribes; these are where their population is relatively large.
• Fixing the Number of Constituencies: The Commission determines the number of seats or constituencies to be allocated
to each state or union territory based on population data, constitutional provisions, and other relevant factors.
• Conducting Public Hearings: The Commission also holds public sittings. After hearing the public, it considers objections
and suggestions, received in writing or orally during public sittings, and carries out changes, if any, in the draft proposal.
• Publishing the Final Delimitation Order: After considering all relevant factors and public feedback, the Delimitation
Commission prepares and publishes the final delimitation order, which specifies the boundaries and allocation of
constituencies. This order serves as the basis for conducting elections and determines the electoral map for subsequent
elections.
Conclusion
While 2026 is still a few years away, if we do not start a debate now on how to deal with the problems that are likely to arise, we
will be forced to postpone the lifting of the freeze to a future date as was done in 2001. This will only postpone the problem for
which we must find a solution sooner or later.
Q10. Highlight some key similarities and differences between the Indian Constitution and the British Constitution. (10M)
Introduction
Indian Constitution was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January
1950. The constitution replaced the Government of India Act 1935 as the country’s fundamental governing document, and the
Dominion of India became the Republic of India.
It is often argued that the Indian constitution is mostly a borrowed constitution and is compared with other constitutions of the
world including the British constitution. Both the Constitution are two distinct legal frameworks that differ in several aspects
while sharing some similarities.
Body:
Key similarities between the Indian and the British constitution:

• Rule of law: Constitutionalism or limited government is the essence of the Rule of Law. This checks the arbitrary action
on the part of the Executive
• Independence of Judiciary: The Rule of Law in Britain is safeguarded by the provision that judges can only be removed
from office for serious misbehaviour and according to a procedure requiring the consent of both Houses of Parliament.
The same is the case in India.
• Parliamentary Systems: Both India and the United Kingdom follow a parliamentary system of government. They have a
bicameral legislature with an elected lower house (Lok Sabha in India, House of Commons in the UK) and an upper house
(Rajya Sabha in India, House of Lords in the UK). The executive power is vested in the Prime Minister, who is the head of
government.
• Similarities in elections: The first-past-the-post system is used for general elections to the House of Commons as well as
Lokh Sabha.
• Fundamental Rights: Both constitutions guarantee fundamental rights and freedoms to their citizens. For example, the
Indian Constitution includes rights such as freedom of speech and expression, equality before the law, and protection
against discrimination.
o Similarly, the British Constitution protects fundamental rights, including freedom of assembly, freedom of
religion, and freedom from torture.
Key differences between the Indian and the British constitution:

• Unwritten vs Written: One of the most important features of the British constitution is its unwritten character. The main
reason for this is that it is based on conventions and political traditions, which have not been laid down in any document,
unlike a written constitution, which is usually a product of a constituent assembly.
o Indian Constitution, in comparison, is the lengthiest written constitution in the world.
• Amendability: Britain's Constitution is flexible and can be amended by 50% of the members present and voting. In India,
it is a hybrid of Rigid and flexible.
• Federalism: The British constitution has a unitary character as opposed to a federal one. All powers of the government
are vested in the British Parliament, which is a sovereign body.
o The Indian Constitution, on the other hand, is federal.
• Nature of state: Britain is a Constitutional monarchy as Queen is the head of the state while India is a republic which
means that India has an elected head of state.
• Sovereignty of Parliament: A very important feature of the British Constitution is the sovereignty of the British Parliament
(a written constitution being absent). The British Parliament is the only legislative body in the country with unfettered
power of legislation. It can make, amend or repeal any law.
o However, Indian Parliament is not sovereign as Judiciary has the power to review the laws made by legislators.
• DPSP and Duties: They are present in India while they are absent in Britain.
• Prime Minister: PM. will always be a member of the Lower House in Britain where he can be in either house in India.
Conclusion
Both constitutions have undergone significant changes and interpretations over time, reflecting the evolving political, social, and
legal landscape of their respective nations. The Indian Constitution has seen amendments and judicial interpretations that have
expanded rights and promoted social justice, while the British Constitution has adapted to accommodate changes in governance
and global integration.
Q11. Rajya Sabha has played a significant role in shaping India’s socio-economic transformation since Independence. Discuss
with examples. (15M)
Introduction
Rajya Sabha or the Council of States is the upper House or second chamber of the Indian Parliament. Since its establishment in
1952, the Rajya Sabha has had over 250 sessions and passed over 3900 Bills. Post-independence, India faced several challenges
such as poverty, illiteracy, poor health indicators, lack of industrialization among others. This set the agenda for both Houses of
the Parliament.
Body
Rajya Sabha with its unique role and position has played a role in the socio-economic transformation of India.
Social • Most vulnerable sections like women or minorities and persons with expertise in certain fields are not
changes adequately represented in Lok Sabha due to the first past the post system. The system of indirect elections
to the Rajya Sabha allows for their representation. The representation of women in Rajya Sabha increased
from 6.94% in 1952 to 10.83% in 2019.
• Introduction of laws relating to women from the Hindu Marriage and Divorce Bill of 1952 to the Muslim
Women (Protection of Rights on Marriage) in 2019.
• From setting up University Grants Commission in 1954 to the introduction and passage of the Right to Free
and Compulsory Education in 2009.
• In matters of health, it was in Rajya Sabha that the All India Institute of Medical Sciences Bill was
introduced. The National Medical Council Bill was introduced in 2019. But was lapsed.
Economic • Passage of the Industrial Disputes (Amendment) Bill in 1954.
changes • Introduced the transformative Goods and Services Tax Bill in 2017.
• New Delhi International Arbitration Centre Bill in 2019.
Other significant contributions are:

• Policy Debates and Discussions: These deliberations have influenced policy decisions in areas such as economic
reforms, social welfare schemes, education, healthcare, and infrastructure development.
• Legislation and Lawmaking: Examples include the Right to Education Act, the Goods and Services Tax (GST) Act,
and the Insolvency and Bankruptcy Code.
• Representation of States and Union Territories: This ensures that the concerns and interests of different regions
are taken into account while formulating socio-economic policies.
• Expertise and Specialized Committees: E.g., Committee on Finance, Committee on Commerce, and Committee on
Social Justice and Empowerment. These committees examine bills in detail, conduct research, seek expert opinions,
and make recommendations to shape effective policies.
• Role in Amending and Reviewing Bills: Rajya Sabha has the power to propose amendments and revisions to bills
passed by the Lok Sabha. This review process allows for a more comprehensive examination of legislation, ensuring
that socio-economic aspects are adequately addressed.
• Representation of Marginalized Communities: Members from diverse backgrounds, including socially
disadvantaged groups, have contributed to shaping policies aimed at social justice, inclusive growth, and
empowerment.
The limitations of the Rajya Sabha:

• Unequal Representation: The allocation of seats in Rajya Sabha is not entirely based on population, resulting in
unequal representation among states and union territories.
• Delay in Legislation: Rajya Sabha's power to review and propose amendments to bills passed by the Lok Sabha can
sometimes result in delays in the legislative process.
• The dominance of the Lower House: Rajya Sabha's role is primarily advisory, and it cannot directly initiate or reject
money bills.
• Influence of Political Parties: Rajya Sabha members are often nominated or elected based on political affiliations,
which can impact their ability to independently represent the interests of their respective states or contribute to
objective policy debates.
• Limited Executive Control: Unlike the Lok Sabha, the executive branch is not directly accountable to Rajya Sabha.
• Absence of Full Accountability: Members of the Rajya Sabha are not directly accountable to the people, as they
are not directly elected by the citizens.
The Rajya Sabha has not only ensured the socio-economic transformation of India but has also been crucial in maintaining the
political and federal structure of India. It has ensured continuity and institutionalized federal principle. It has perfectly balanced
the Lok Sabha as well.
Conclusion
The Rajya Sabha has been all through been a lively and sagacious institution. For the past 70 years, the laws introduced and/or
passed by Rajya Sabha have re-written the socio-economic landscape of India.
Q12. How has Indian federalism evolved over time? Shed light on the significant developments that have shaped its current
form. (15M)
Introduction
Indian federalism has undergone significant evolution since the country's independence in 1947. The Constitution of India, which
came into effect in 1950, established a federal system of government. Over the years, various developments have shaped the
current form of Indian federalism.
Body:
Evolution of Indian federalism:

• GOI, 1935: The Government of India Act, 1935, served as a landmark in the evolution of Indian federalism. It introduced
a federal system in British India, providing for the establishment of autonomous provinces and a federal structure at the
centre.
o The Act laid the groundwork for the division of powers between the central government and the provinces,
setting the stage for the subsequent development of federalism in independent India.
• Framing of the Constitution: The Constitution of India, adopted by the Constituent Assembly, established a federal
structure with a division of powers between the central government and the states.
o It outlined the powers and responsibilities of the Union and the states, as well as the mechanisms for resolving
disputes. E.g. division of subjects in 7th schedule.
• Centralization during Emergency: In 1975, India witnessed a period of internal emergency when democratic freedoms
were curtailed. During this time, the central government assumed more powers and control over the states.
o This period marked a temporary setback for federalism, highlighting the potential challenges in maintaining a
balance between the centre and the states.
• Cooperative Federalism: In recent years, there has been a shift towards cooperative federalism, emphasizing
collaboration and coordination between the central government and the states. Mechanisms such as the National
Institution for Transforming India (NITI Aayog) have been established to promote cooperative federalism and enable
states' participation in policy formulation and implementation.
Significant events that shaped Indian federalism into its current form:
• Judicial Interpretations: The Supreme Court of India has played a vital role in interpreting the provisions of the
Constitution related to federalism.
o The court's judgments have clarified the division of powers, resolved disputes between the centre and the states,
and reinforced the principles of federalism. E.g. SR Bommai vs Union of India (1994) case.
• Sarkaria Commission: The Sarkaria Commission, appointed in 1983, played a vital role in examining issues related to
centre-state relations and suggesting reforms to strengthen Indian federalism.
o The commission's recommendations led to important developments, including clarifications on the division of
powers, financial arrangements between the centre and states, and mechanisms for dispute resolution. E.g.
appointment of government related conventions.
• Economic reforms of 1991: The economic reforms initiated in the early 1990s, often referred to as the liberalization era,
also impacted Indian federalism. The shift towards a market-oriented economy resulted in a greater role for states in
economic decision-making and resource mobilization.
o This era witnessed increased fiscal decentralization, granting states greater autonomy in raising revenue and
making economic policy decisions.
• PRI Reforms: The 73rd and 74th Constitutional Amendments in 1992 mandated the establishment of Panchayats
(village-level local governments) and Municipalities (urban local bodies), respectively.
o These reforms aimed to empower local communities and promote grassroots democracy.
• GST: The implementation of the Goods and Services Tax in 2017 brought significant changes to the fiscal federal structure
of India. GST replaced multiple indirect taxes levied by the centre and states with a single tax system.
o This reform aimed to streamline tax administration, enhance economic integration, and foster cooperative
federalism by establishing a harmonized tax structure across the country.
Conclusion
The Indian Constitution is a constitution sui generis. On one hand, the constitution contains features which are of high importance
for a federal arrangement, at the same time it contains provisions which fight for a strong Centre, thus making it quasi-federal in
nature. The fact to be appreciated here is that these dual federalism provisions were deliberately incorporated to best fit a polyglot
country like India.
Q13. The debate on judicial independence and issues in the appointment system is neither new nor simple. Discuss. (15M)
Introduction
Judicial independence is a fundamental principle that ensures the judiciary is neither subject to improper influence from the
other branches of the government nor to any private/public influences. This allows the judiciary to remain neutral, impartial
and take fair decisions.
Body
Judicial Independenc in India:

• Pre-Independence Era: During British rule, the judiciary in India lacked full independence as it operated under the
control of the British Crown. The judiciary played a limited role in safeguarding individual rights.
• Post-Independence Era: The Indian Constitution, adopted in 1950, enshrined the principles of an independent
judiciary. The judiciary was intended to be a separate and autonomous branch of government, with judges appointed
on merit and protected from external influences. However, it was the Kesavananda Bharati case in 1973 that
established the ‘Doctrine of Basic Structure’ with ‘Independence of Judiciary’ as one of its main pillars. This truly made
the judiciary independent.
• Judicial Activism: Over the years, the judiciary in India has shown a proactive role in protecting fundamental rights and
promoting social justice. Landmark judgments expanded the scope of judicial review and strengthened the
independence of the judiciary.
• Collegium System: The Supreme Court developed the collegium system, where judges have the primary role in
appointing and transferring judges. This system aimed to ensure independence in judicial appointments and reduce
executive interference.
• Struggles and Challenges: Despite progress, issues such as delays in appointments, vacancies in the judiciary, and
controversies surrounding appointments have challenged the ideal of complete judicial independence. The debate on
the appointment process and reforms continue.
While there are many factors that impact judicial independence, a major factor is the system of appointments to the judiciary.
Articles 124(2) and 217 of the Constitution of India provide that every judge of the Supreme Court and High courts shall be
appointed by the President after ‘consultation’ with such other Supreme and High Court judges. However, over the year, this
has led to the evolution of the collegium system.
Cases related to the appointment process:

• S P Gupta (1st Judge case, 1981): It declared that the “primacy” of the Chief Justice of
India's (CJI)s recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
• Second Judges Case (1993): SC introduced the Collegium system, holding that “consultation” really meant
“concurrence”.
• Third Judges Case (1998): SC on President’s reference expanded the Collegium to a five-member
body, comprising the CJI and four of his senior-most colleagues.
• In 2014, the 99th Amendment Act was introduced and the National Judicial Appointments Commission (“NJAC”)
Act was enacted to replace the collegium system of appointing judges with the new body NJAC.
Yet again the question of appointment impacting judicial independence has come up and the same is not simple.
Necessary • It prevents interference from the executive. This is in line with a constitutional scheme that
seeks to separate the judiciary from the executive.
• Judicial appointments by executives can affect the neutrality of judges.
• With the government being a major litigant, allowing the executive to choose judges will result in
‘reciprocity and feelings of payback’ to the political executive.
Not Necessary • The collegium system alone must not be equated with judicial independence.
• There are other ways/constitutional provisions through which judicial independence is
maintained such as security of tenure, and fixed service conditions among others.
• Judicial independence would be ensured even if bodies like NJAC are constituted as long as the
judiciary is given adequate representation and non-judicial members are not given veto powers.
Conclusion
Be it the collegium system or an appointment commission, it is the manner of appointment that is most crucial. It must be
transparent and objective. The formulation of the Memorandum of Procedure (MoP) has been the subject of debate. The MoP
defines the process for appointments, transfers, and disciplinary actions of judges.
Q14. How does the Governor's Office ensure checks and balances in the functioning of the State government? Also, discuss
the controversies surrounding it. (15M)
Introduction:
In the federal system of governance in India, the office of the Governor holds a significant position. The Governor serves as the
constitutional head of a state and acts as a vital link between the central government and the state government. The
Governor's Office in India is a constitutional office that is responsible for ensuring checks and balances in the functioning of the
state government.
Body:
Governor’s power to ensure checks and balance

The Governor has a number of powers that they can use to check the power of the state government, including the power to:
• Veto on legislation passed by the state legislature. Article 200 of the Indian Constitution gives the Governor the power
to veto any legislation passed by the state legislature. This is a powerful check on the power of the state legislature, as
it allows the Governor to prevent the passage of legislation that they believe is harmful to the interests of the state.
• Appoint the Chief Minister and other members of the state cabinet. Article 163 of the Indian Constitution gives the
Governor the power to appoint the Chief Minister and other members of the state cabinet. This gives the Governor a
significant amount of influence over the executive branch of the state government.
• Dissolve the state legislature. Article 174 of the Indian Constitution gives the Governor the power to dissolve the state
legislature. This is a drastic step, but it can be used to check the power of the state legislature if they are abusing their
power.
• Proclaim President's Rule in the state. Article 356 of the Indian Constitution gives the Governor the power to proclaim
President's Rule in the state. This is a special power that allows the central government to take over the administration
of the state. This power is usually used in cases where the state government is unable to function effectively or is not
following the rule of law.
Controversies around the governor’s post
The Governor is a non-partisan figure who is supposed to act in the best interests of the state. However, in recent years, there
have been a number of controversies surrounding the role of the Governor. Controversies surrounding the Governor's Office are
as follows
• Controversies around the appointment of Governors: The Governor is appointed by the President of India on the
advice of the Prime Minister. This has led to accusations that the Governor's Office is not independent and that it is
simply a puppet of the central government.
• States such as West Bengal, and Tamil Nadu have asked the centre to consider the 2nd ARC and various
committee recommendations of consulting state government while appointing a governor for that state.
• The use of Article 356: Article 356 of the Indian Constitution allows the President to impose President's Rule in a state.
This has led to accusations that Article 356 is being used to undermine the federal structure of India.
• Political Bias: The Governor's Office has faced allegations of political bias.
• The recent controversy between the Governor of West Bengal and the State government over violence in
local polls.
• The recent controversy between Governor N Ravi and the Tamil Nadu state government’s minister arrest.
• For example, in 2019, the Governor of Goa invited the second-largest party to form the government,
bypassing the claim of the single-largest party, leading to accusations of favouritism.
• Dismissal of State Governments: Instances of dismissal of State governments by Governors have sparked
controversies.
• In 2016, the Governor of Arunachal Pradesh dismissed the State government, resulting in legal battles and
questions over the Governor's impartiality.
• Role in Government Formation: The Governor's decisions in government formation have been subject to controversy.
• In 2020, the Governor of Madhya Pradesh accepted the resignation of a faction of MLAs, leading to the
collapse of the government, which was criticized as undue interference in the democratic process.
Conclusion:
To ensure that Governor's Office remains an important institution in the Indian federal system and it plays a vital role in ensuring
checks and balances in the functioning of the state government. The SC has many times emphasized the urgent need for
implementing the Sarkaria Commission’s recommendations. In light of this, proper implementation of these recommendations
would help in protecting the sanctity of the office of the Governor.
Q15. In what ways do the Comptroller and Auditor General of India act as a watchdog for the government's financial
transactions and decision-making processes? (15M)
Introduction:
The Comptroller and Auditor General (CAG) of India is an independent constitutional authority responsible for the supervision
of the financial transactions of the central and state governments. The CAG is appointed by the President of India and
operates under the provisions of the Constitution of India(Article 148) and the CAG (Duties, Powers, and Conditions of
Service) Act, 1971.
Body
Role of CAG in Government’s financial transactions

• Auditing and Ensuring Accountability: The CAG audits the government's financial transactions to ensure accuracy,
transparency, and compliance with financial rules and regulations. CAG also verifies the legality, regularity, and
propriety of financial transactions.
o Ex: The CAG audited the 2G spectrum allocation in 2010 and found irregularities and loss of revenue to the
exchequer.
• Safeguarding Public Funds: The CAG assesses whether government funds are used for their intended purposes and in
accordance with budgetary allocations.
o Ex: The CAG audits the accounts of the Public Distribution System (PDS), to ensure that subsidies and benefits
reach the intended beneficiaries.
• Identifying Financial Irregularities: The CAG identifies financial irregularities, mismanagement, and cases of non-
compliance with financial procedures.
o Ex: The CAG audit of the Commonwealth Games in 2010 revealed financial irregularities, mismanagement,
and corruption.
• Audit of the accounts of public sector undertakings: CAG audit of PSUs ensures that their financial transactions are
carried out in a transparent and accountable manner.
o Ex: the CAG audits the financial statements of ONGC, and BHEL.
Role of CAG in Government's Decision-Making Process

• Providing Insights and Recommendations: The CAG's audit reports provide valuable insights by examining the financial
implications and effectiveness of policies and programs. The reports often include recommendations for
improvement.
o Ex: The CAG's performance audit of the National Rural Health Mission (NRHM) highlighted deficiencies in the
implementation and management of healthcare programs.
• Ensuring Compliance and Legal Adherence: By conducting compliance audits, the CAG assesses the adherence to
prescribed guidelines in decision-making processes.
• Parliamentary Accountability and Oversight: The CAG's reports are submitted to the President, who presents them to
Parliament.
o Ex: Public Accounts Committee’s scrutiny of the CAG's reports on various issues, such as defence acquisitions
and infrastructure projects, leads to parliamentary debates, discussions, and recommendations that
influence government decision-making.
• Auditing the process of awarding contracts and tenders: to ensure fairness, transparency, and adherence to
prescribed procedures.
o Ex: the CAG audit of the allocation of telecom spectrum.
• The CAG's audit reports play a crucial role in initiating policy changes and reforms.
o Ex: the CAG's audit report on the functioning of the Public Distribution System (PDS) highlighted leakages,
pilferage, and inefficiencies. This led to reforms in the system, including the introduction of technology-
driven solutions to improve targeting and reduce corruption.
Limitations of CAG's Role as the Watchdog

• Limited Scope: Not all government transactions and decision-making processes can be audited, potentially leaving
room for undetected irregularities or inefficiencies.
• Post-facto Audits: The CAG's audits are typically conducted after the financial transactions have already taken place or
decisions have been made. This means that the CAG's role is primarily to provide retrospective analysis and
recommendations rather than real-time oversight.
• Reliance on Cooperation: The CAG relies on the cooperation and provision of the necessary information from
government departments and entities for conducting audits. Secret service expenditure restricts CAG's access to
information.
• Non-binding Recommendations: The CAG's recommendations are non-binding in nature, and the government has the
discretion to accept or reject them.
• Lack of Sector-Specific Expertise: The CAG's auditors may not always possess specialized knowledge or expertise in
specific sectors or industries, which can limit their ability to comprehensively evaluate complex financial transactions.
Way forward
• Risk-Based Auditing: Developing risk-based auditing methodologies that prioritize audits based on potential risks and
impact would allow the CAG to focus its resources on high-risk areas and sectors, maximizing the impact of its audits.
• Collaboration and Cooperation: Foster stronger collaboration between the CAG and government departments/entities
to ensure the timely provision of information, enhance transparency, and improve the effectiveness of audits.
Establish mechanisms for regular communication and coordination.
• Strengthening Follow-up Mechanisms: Establish robust mechanisms to ensure the timely implementation of the
CAG's recommendations through the creation of a monitoring and follow-up system, empowering parliamentary
committees to track progress, and holding authorities accountable for taking corrective actions.
• Reforms suggested by former CAG Vinod Rai: A collegium-type mechanism to choose a CAG on the lines of selecting a
Chief Vigilance Commissioner (CVC), bringing all private-public partnerships (PPPs), Panchayati Raj Institutions and
government-funded societies, within the ambit of the CAG.
Conclusion:
CAG helps the parliament/state legislatures hold their respective governments accountable for their financial transactions
and decisions. He is one of the bulwarks of the democratic system of government in India and is rightly considered the most
important office in the Constitution of India by B.R Ambedkar.
Q16. Mention the mandate of the National Human Rights Commission (NHRC). How would you evaluate its success in
achieving its objectives? (15M)
Introduction:
The National Human Rights Commission (NHRC) is a statutory body established in India to safeguard and promote human rights
in the country. It was established under the Protection of Human Rights Act, 1993, with a mandate to address human rights
violations, provide remedies to victims, and create awareness about human rights principles among the public.
Body:
Mandate of the National Human Rights Commission (NHRC):

• Investigate Human Rights Violations: The NHRC is responsible for investigating and inquiring into complaints of human
rights violations, whether it is related to civil, political, economic, social, or cultural rights.
• Recommend Remedial Measures: Upon investigation, the NHRC has the authority to recommend remedial measures
to the concerned authorities for the protection and promotion of human rights. This includes recommendations for
compensation, rehabilitation, and legal action against the perpetrators.
• Spread Awareness and Education: The NHRC is tasked with spreading awareness about human rights, promoting
human rights education, and conducting research on various issues related to human rights in India.
• Monitor State and Central Government Actions: The NHRC monitors the actions of both state and central government
authorities to ensure compliance with human rights standards and principles.
• Provide Assistance and Advice: The NHRC provides assistance and advice to individuals, groups, and organizations on
human rights issues.
• Promote Human Rights Culture: The NHRC aims to promote a culture of human rights by organizing seminars,
workshops, and campaigns on various human rights issues. It collaborates with civil society organizations, academia,
and other stakeholders to create awareness and advocacy for human rights.
• Cooperation with International Bodies: The NHRC collaborates with international organizations, including the United
Nations and its agencies, to exchange information, expertise, and best practices in the field of human rights.
Evaluation of its success in achieving its objectives:
Positives:
• Investigation of Human Rights Violations: The NHRC has been successful in investigating numerous cases of human
rights violations in India.
o As of September 2021, the NHRC had registered over 17,000 cases and completed inquiries in more than
13,000 cases.
• Recommendations for Remedial Measures: The NHRC's recommendations have led to positive changes and
accountability in some cases.
o One notable example is the NHRC's intervention in the encounter killings in Manipur, where it recommended
the registration of FIRs, compensation to the victims' families, and disciplinary action against the involved
security personnel.
▪ From 1993 to 2021, the NHRC awarded monetary relief amounting to over Rs. 200 crores in cases of
custodial deaths.
• Awareness and Education: The NHRC has played a crucial role in spreading awareness about human rights through its
campaigns, workshops, and publications.
o As of 2020, the NHRC had organized more than 5,000 human rights awareness programs across the country.
• Monitoring of Prisons and Jails: The NHRC has the authority to visit and inspect prisons, jails, and detention centres to
ensure the protection of the human rights of inmates. It conducts regular inspections and takes appropriate actions to
address issues such as overcrowding, torture, and other forms of ill-treatment.
• International Engagement: The NHRC actively participates in international human rights forums and collaborates with
international organizations. It engages in dialogue with various countries and shares best practices in the promotion
and protection of human rights.
Negatives:
• Implementation and Enforcement: Despite its recommendations, the implementation of NHRC's directives by the
concerned authorities has been a challenge. In some cases, the authorities have failed to take adequate action, leading
to a lack of accountability and justice.
• Limited Jurisdiction: The NHRC's jurisdiction is limited to cases of human rights violations committed by public servants
or those related to government actions. It does not have jurisdiction over human rights violations by non-state actors,
such as private companies.
o NHRC is also limited by temporal jurisdiction of cases violation limited to the past 1 year.
• Delayed Justice: The NHRC's processes and the overall judicial system in India are often marred by delays. This results
in prolonged proceedings and delayed justice for the victims.
o For instance, the NHRC's recommendations in cases of extrajudicial killings and custodial deaths have not
always led to prompt action and redress for the victims and their families.
• Limited Resources and Staffing: The NHRC has often faced resource constraints, including limited budgetary allocations
and understaffing. This hampers its ability to effectively handle a large number of complaints and conduct
comprehensive investigations in a timely manner.
Conclusion:
In conclusion, the National Human Rights Commission (NHRC) plays a crucial role in promoting and protecting human rights in
India. Its mandate encompasses a wide range of responsibilities and it has met with many successes and some failures due to
institutional challenges.
The Supreme Court has emphasized the need to provide the NHRC with greater autonomy, independence, and financial
resources to enhance its effectiveness in addressing human rights issues.
Q17. Political participation has created a platform for diverse voices and perspectives to be heard, fostering a culture of
inclusiveness and pluralism in Indian democracy. Discuss. (15M)
Introduction:
Political participation is a fundamental aspect of democracy that allows individuals to engage in the political process, express
their opinions, and contribute to decision-making. In India, political participation has played a crucial role in fostering a culture
of inclusiveness and pluralism within the democratic framework.
Body:
Political participation has created a platform for diverse voices and perspectives to be heard:
• Representation of Marginalized Groups: Political participation enables marginalized groups, including women,
minorities, and socially disadvantaged communities, to have their voices heard and their issues addressed.
• Recognition of Multiple Perspectives: It allows individuals with different ideologies, beliefs, and experiences to engage
in dialogue, debate, and negotiation, promoting a more comprehensive understanding of complex problems and
facilitating the search for inclusive solutions.
• Protection of Minority Rights: It allows these communities to articulate their unique needs and interests, fostering a
sense of belonging and preventing the marginalization or neglect of their voices in the decision-making process.
• Promotion of Social Justice: It provides a platform for individuals and organizations to raise awareness about social
inequalities, challenge discriminatory practices, and advocate for policies that address systemic injustices.
• Strengthening Democracy: When diverse voices are heard and represented, it enhances the legitimacy and
effectiveness of the democratic process.
• Nurturing Social Cohesion: Political participation encourages dialogue, understanding, and collaboration among
individuals from different backgrounds. This fosters social cohesion, breaks down barriers, and promotes unity in
diversity.
• Citizen Empowerment: Political participation empowers citizens by giving them a voice in shaping their society. It instils
a sense of civic responsibility, encourages active engagement, and fosters a participatory democracy where citizens
take ownership of their collective destiny.
Political participation in India:

• Universal Suffrage: India has one of the largest democratic electorates in the world, with universal suffrage granted to
all citizens above the age of 18.
• Vibrant Multi-Party System: India's political arena is characterized by a multi-party system, with numerous political
parties representing a wide range of ideologies, interests, and perspectives.
• Grassroots Movements: India has a rich tradition of grassroots movements and activism, where citizens come together
to address specific issues, advocate for social change, and hold authorities accountable. These movements, such as the
Chipko Movement, Narmada Bachao Andolan, and Anti-Corruption Movement, have been instrumental in raising
awareness, mobilizing public support, and influencing policy decisions.
• Women's Political Participation: Efforts have been made to enhance women's political participation in India.
Reservation of seats for women in local government bodies (Panchayati Raj Institutions) has provided greater
representation and decision-making power to women at the grassroots level.
• Youth Engagement: Youth-led movements, such as the India Against Corruption movement and the recent student
protests, highlight the active engagement of young people in shaping the country's political discourse and advocating
for change.
It has helped in fostering a culture of inclusiveness and pluralism in Indian democracy:

• Representation of Marginalized Groups: Political participation has provided a platform for marginalized groups,
including Scheduled Castes, Scheduled Tribes, and Other Backward Classes, to raise their voices and assert their rights.
• Reservation Policies: India has implemented reservation policies that ensure the representation of marginalized groups
in legislative bodies, such as the reservation of seats for Scheduled Castes and Scheduled Tribes in Parliament and State
Assemblies.
• Women's Political Empowerment: Political participation has been instrumental in promoting women's empowerment
and inclusiveness in Indian democracy. The introduction of reservations for women in local government bodies
(Panchayati Raj Institutions) has significantly increased women's representation and decision-making power at the
grassroots level.
• Coalition Politics: India's multi-party system and coalition politics have facilitated the accommodation of diverse
perspectives and interests. Political parties often form alliances and coalitions to govern, necessitating collaboration
and negotiation among different ideological and regional groups.
• Social Movements: Political participation has been closely linked to social movements that advocate for the rights and
interests of specific communities or causes. Movements such as the Dalit rights movement, women's rights movement,
and environmental movements have emerged as platforms for marginalized groups to demand equality, justice, and
sustainable development.
• Freedom of Speech and Expression: Political participation in India is safeguarded by the constitutional guarantee of
freedom of speech and expression. This allows citizens to express diverse opinions, challenge prevailing norms, and
contribute to public debates on issues of national importance.
• Electoral Participation: Through voting, citizens have the power to choose their representatives, shaping the
composition of legislative bodies. In the 2019 general elections, the overall voter turnout was approximately 67.4%,
with more than 600 million people casting their votes.
Conclusion:
Overall, political participation stands as a vital pillar of Indian democracy, promoting inclusiveness, pluralism, and the collective
representation of diverse voices. It provides a platform for diverse voices and perspectives to be heard, ensuring that the
democratic process reflects the values of inclusivity, representation, and equal participation.
Q18. Assess the success and challenges related to the Finance Commission's role in promoting financial accountability in
India. (15M)
Introduction:
The Finance Commission is a constitutional body under Article 280. It plays a crucial role in promoting financial accountability in
India by recommending the distribution of financial resources between the central government and the state governments.
Body:
Finance Commission’s mandate:

• Determining the share of taxes: The Finance Commission recommends the distribution of taxes between the central
government and the state governments. It assesses the fiscal capacity and needs of each state to arrive at a fair share
of the divisible pool of taxes.
• Grants-in-aid: The Finance Commission provides recommendations on grants-in-aid to states based on specific needs.
• Fiscal discipline and debt consolidation: The Finance Commission examines the fiscal position of states and suggests
measures to promote fiscal discipline and debt consolidation.
• Role in promoting financial accountability:
o Assessment of fiscal performance: The Finance Commission assesses the fiscal performance of both the
central government and the state governments. It analyses their revenue generation, expenditure patterns,
fiscal deficits, and debt levels.
o Recommendations for fiscal reforms: Based on the assessment, the Finance Commission provides
recommendations for fiscal reforms to enhance financial accountability.
o Grants-in-aid and conditionalities: The Finance Commission also recommends grants-in-aid to states for
specific purposes such as revenue deficit, local body grants, and disaster management. These grants come with
certain conditionalities that require states to meet specific financial and governance criteria.
o Monitoring and evaluation: The Finance Commission monitors the utilization of funds by states and evaluates
their performance in achieving fiscal targets and implementing recommended reforms.
Successes related to the Finance Commission's role in promoting financial accountability in India:
• Equitable distribution of resources: The Finance Commission's recommendations for resource allocation have played a
significant role in promoting financial accountability. It takes into account factors like population, income disparities,
and fiscal capacity while distributing funds between the central government and the state governments.
o For example, the 15th Finance Commission recommended vertical devolution of tax revenues to states at a
rate of 41%, which was an increase from the previous commission's recommendation of 32%. This higher
devolution has provided states with more financial autonomy and strengthened their accountability in
managing their fiscal affairs.
• Grants for specific purposes: The Finance Commission recommends grants-in-aid to states for specific purposes, which
helps in promoting financial accountability in the utilization of funds.
o For instance, the Finance Commission provides grants for rural local bodies to support decentralized
governance and development. These grants are conditional upon states meeting certain fiscal and governance
parameters
• Monitoring and evaluation: The Finance Commission actively monitors the utilization of funds by states and evaluates
their performance in achieving fiscal targets and implementing recommended reforms.
• Conditionalities for grants: These conditionalities require states to meet specific financial and governance criteria,
ensuring accountability in the utilization of funds. The conditionalities serve as incentives for states to improve their
financial management practices and ensure transparency and accountability in fiscal operations.
Challenges involved:
• Vertical and horizontal imbalances: Vertical imbalances arise from the uneven distribution of resources between
central and state governments, while horizontal imbalances stem from disparities among states. These imbalances
create challenges in achieving a fair and equitable distribution of funds and pose obstacles to financial accountability.
For example, states like Maharashtra and Gujarat have higher per capita income and revenue generation compared to
states like Bihar and Odisha, leading to horizontal imbalances.
• Data reliability and transparency: The Finance Commission relies on data from various sources, including the CAG,
Central Statistical Office (CSO) and state governments. However, data accuracy and reliability can vary among states,
affecting the fairness of resource allocation.
• Accountability of fund utilization: Proper monitoring mechanisms need to be in place to track the utilization of funds
by states and assess their performance in achieving desired outcomes. For example, the CAG report for the year 2018-
19 highlighted instances of inadequate utilization of grants provided by the Finance Commission in some states.
• Fiscal sustainability: Balancing the distribution of resources with the fiscal constraints of the central government is a
delicate task. The commission needs to consider the long-term implications of its recommendations to maintain fiscal
stability and prevent excessive debt burdens on both the central and state governments.
• Changing dynamics and evolving needs: The economic and social dynamics of India are constantly evolving, requiring
the Finance Commission to adapt its approach and recommendations accordingly.
Conclusion:
In conclusion, the Finance Commission plays a crucial role in promoting financial accountability in India. Its mandate to distribute
financial resources between the central and state governments helps address vertical and horizontal imbalances. Moving
forward, it is essential to continue working on improving data transparency, strengthening monitoring mechanisms, and
adapting to changing dynamics to enhance financial accountability and ensure effective resource allocation in India.
Q19. Panchayati Raj Institutions empower communities, foster inclusivity, and shape a stronger democracy from the ground
up. Mention its success and limitations in this regard. (15M)
Introduction:
Panchayati Raj Institutions (PRIs) are a crucial part of India's governance structure, aimed at promoting decentralization and
empowering local communities. The establishment of PRIs can be traced back to the 73rd Amendment Act of 1992, which
sought to strengthen democracy at the grassroots level.
Body:
Successes of Panchayati Raj Institutions:
• Empowering communities: Panchayati Raj Institutions have played a significant role in empowering local communities
by giving them a platform to voice their concerns and actively participate in decision-making processes.
o As of 2021, there are over 2.5 lakh Panchayati Raj Institutions in India, comprising approximately 30 lakh
elected representatives at the village, intermediate, and district levels.
• Strengthening inclusivity: PRIs have made notable strides in promoting inclusivity by ensuring the representation of
marginalized sections of society, such as women, Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward
Classes (OBCs).
o As of 2021, approximately 24% of seats in PRIs are reserved for SCs and about 17% for STs and around 44% of
the total seats in PRIs are reserved for women.
• Grassroots democracy: They have created opportunities for direct participation and involvement in local decision-
making, enabling citizens to shape the development agenda according to their needs and aspirations.
• Local development initiatives: They have been responsible for the planning, implementation, and monitoring of
various programs and schemes at the grassroots level, focusing on sectors such as education, healthcare, infrastructure,
and rural livelihoods.
o For instance, Village Development Plans (VDPs) prepared by PRIs involve the participation of community
members.
• Accountability and transparency: Through regular meetings, audits, and social audits, PRIs ensure that public funds are
utilized efficiently and that the decision-making process is transparent and accountable to the community.
• Social harmony and conflict resolution: The inclusive nature of these institutions and their emphasis on participatory
decision-making have created platforms for dialogue and consensus-building, leading to the resolution of various social
and community issues.
Limitations of Panchayati Raj Institutions:

• Financial Dependence: While PRIs have been given administrative powers, their financial autonomy remains limited.
o According to a study conducted by the National Institute of Rural Development and Panchayati Raj, around
70% of Panchayati Raj Institutions in India have insufficient financial resources to meet their developmental
objectives.
• Capacity and Skill Gap: Many PRIs face challenges related to the capacity and skills of their elected representatives and
administrative staff.
o A survey conducted by the World Bank in 2018 revealed significant variations in the capacity and resources of
Panchayati Raj Institutions, lacking even the most basic staff and infrastructure.
• Political Interference: PRIs sometimes face political interference from higher-level authorities, which can undermine
their autonomy and impede their decision-making powers.
o The Asian Development Bank, in its report on PRIs, highlighted instances of political interference in the
functioning of PRIs.
• Inadequate representation of marginalized sections: While reserved seats for SCs, STs, and women have enhanced
their representation, the overall representation of marginalized sections in PRIs may still be inadequate. In some cases,
these reserved seats are occupied by proxy candidates like Panchayat Pati, and in other cases, such bodies are
boycotted by locals due to Gender bias, and caste-based discrimination.
• Limited awareness and participation: The Centre for the Study of Developing Societies (CSDS) conducted a survey that
revealed that awareness about Panchayati Raj Institutions among rural citizens is relatively low, with only 45% of
respondents having heard of their local Panchayat.
Way Forward
• Strengthen financial autonomy: Allocate adequate financial resources to PRIs to ensure they have the necessary funds
for local development projects. Explore innovative financing mechanisms, such as participatory budgeting and
community-led fundraising, to enhance the financial autonomy of PRIs.
• Capacity building and training: Develop comprehensive capacity-building programs for elected representatives and
officials of PRIs, focusing on governance, financial management, and project implementation. Foster partnerships with
academic institutions, NGOs, and civil society organizations to provide training and knowledge-sharing platforms for
PRIs.
o The Ministry of Panchayati Raj has also initiated various capacity-building programs, such as the Panchayat
Empowerment and Accountability Incentive Scheme (PEAIS).
• Enhance representation of marginalized sections: Ensure the effective implementation of reservation policies to
increase the representation of women, SCs, STs, and other marginalized communities in PRIs.
• Improve coordination and collaboration: Establish effective coordination mechanisms between PRIs and other
government agencies to streamline project implementation and resource utilization.
• Enhance public awareness and participation: Launch public awareness campaigns to educate citizens about the role
and functions of PRIs, encouraging active participation in Panchayat elections and decision-making processes.
• Embrace technology and digital platforms: Utilize technology and digital platforms to improve governance processes,
enhance citizen engagement, and facilitate efficient service delivery by PRIs.
o Digital platforms such as e-Panchayat, Panchayat Enterprise Suite (PES), and PRIASoft have been implemented
for this.
Conclusion:
These measures can contribute to the continuous improvement of Panchayati Raj Institutions, empowering communities,
fostering inclusivity, and shaping a stronger democracy from the ground up.
Q20. Recently, the honourable President of India highlighted the sorry state of affairs in Indian prisons. In this context,
highlight the rights which are available and denied to prisoners in India. Also, suggest measures to improve the rights of
prisoners given the challenges faced now. (15M)
Introduction:
The sorry state of affairs in Indian prisons, as highlighted by the President of India, raises concerns about the rights of prisoners
and the need for improvement in their treatment and living conditions. The president said that instead of building more jails,
governments and the judiciary should work together to tackle problems like pretrial detentions and the overrepresentation of
marginalised communities.
Body:
Rights available to prisoners in India:
• Implicit rights under Article 21 (Right to life and liberty) of the Indian Constitution:
o Right to privacy: This right protects prisoners from unwarranted intrusion into their personal lives and ensures
that their privacy is respected within the confines of the prison system.
o Right to a speedy trial: Although the right to a speedy trial is not explicitly mentioned in Article 21, the
Supreme Court has interpreted it as an implicit right.
o Right against solitary confinement: The Supreme Court has held that prolonged and indefinite solitary
confinement violates a prisoner's right to dignity and is unconstitutional.
o Right to health: Prisoners have the implicit right to access healthcare services and treatment.
• Right against arbitrary arrest and detention (Article 22): Article 22 of the Indian Constitution provides certain
safeguards to detainees, including the right to be informed of the grounds of arrest, the right to consult and be
defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours.
• Right to legal representation (Article 22): Detainees have the right to be defended by a legal practitioner of their
choice during legal proceedings.
• Right against self-incrimination (Article 20(3)): This protects them from being forced to make self-incriminating
statements, ensuring fairness and preventing coercion during the interrogation process.
• Right to communication and family ties: Detainees have the right to maintain communication with their family
members, relatives, and legal representatives.
• Statutory rights: Various basic rights like humane accommodation, sanitation, separation of male-female, civil-criminal
et al; have been provided under various Prisons Acts (1894, 1990).
Rights often denied to prisoners in India:

• Overcrowding and poor living conditions: According to the National Crime Records Bureau (NCRB) report of 2019,
Indian prisons were operating at an average occupancy rate of 117.6%, with some states witnessing occupancy rates as
high as 200%.
• Delay in trial and prolonged detention: The National Human Rights Commission (NHRC) in its reports has highlighted
the issue of delayed trials and prolonged detention of prisoners in India. As per the NCRB data, about 70% of prisoners
in India are undertrial prisoners.
• Inadequate access to legal representation: According to a report by the Commonwealth Human Rights Initiative (CHRI),
many prisoners in India, especially those from marginalized and economically disadvantaged backgrounds, face
challenges in accessing legal aid services.
• Over-representation of marginalised communities: While the Scheduled Tribes made up 13.6% of the convict
population, and 10.5% of all undertrials in jails, the Census put their numbers at 8.6% of the population. The case is
similar for other backward classes.
• Violation of the right to healthcare: The NHRC has also raised concerns about the inadequate healthcare facilities in
Indian prisons.
• Instances of custodial violence and abuse: The NHRC and various other human rights organizations have documented
cases of custodial violence and abuse in Indian prisons.
o The NCRB report of 2019 recorded 1,731 custodial deaths in India, indicating a serious violation of prisoners'
rights and the need for effective measures to prevent such incidents.
• Limited rehabilitation and reintegration programs: The NHRC has emphasized the importance of rehabilitation and
reintegration programs for prisoners to facilitate their successful transition back into society.
Measures to improve the rights of prisoners:

• Strengthening Legal Aid: Effective implementation of legal aid programs to ensure access to legal representation and
assistance for prisoners. The Legal Services Authorities Act, 1987, provides a framework for providing legal aid to
prisoners.
• Prison Reforms and Modernization: Upgrading and modernizing prison infrastructure to improve living conditions,
sanitation, healthcare facilities, and overall well-being of prisoners. Initiatives such as the Model Prison Manual, 2016,
provide guidelines for prison management and reforms.
• Rehabilitation and Skill Development: Promoting rehabilitation programs and skill development initiatives within
prisons to facilitate the reintegration of prisoners into society.
• Alternatives to Incarceration: Exploring alternatives to incarceration for non-violent offenders, such as community
service, probation, and diversion programs. These alternatives can reduce overcrowding in prisons and provide an
opportunity for individuals to reform.
• Human Rights Monitoring: Strengthening the role of human rights organizations, non-governmental organizations
(NGOs), and the National Human Rights Commission (NHRC) in monitoring prison conditions, investigating complaints
of human rights violations, and ensuring accountability.
• Case Study: The Telangana Model Prison is a noteworthy example of implementing measures to improve the rights of
prisoners. It focuses on holistic development, rehabilitation, and reformation of inmates.
Conclusion:
In conclusion, the rights of prisoners in India are protected by constitutional and legal provisions. However, there are significant
challenges and gaps in ensuring these rights are upheld in practice. Through mentioned measures, we can strive to improve the
rights of prisoners and create a more just and inclusive criminal justice system. As highlighted by the honourable President, It is
crucial to prioritize the well-being and dignity of prisoners while promoting their reformation and successful reintegration into
society.

YLM-Test-Series-2024 - 4-0-Test-9 (GS Essential Test) - Synopsis

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

YLM-Test-Series-2024 - 4-0-Test-9 (GS Essential Test) - Synopsis

Uploaded by

Copyright:

Available Formats

IPM2024 TEST 9 – Polity Synopsis

Fraternity meaning in the preamble of our constitution:

It plays a crucial role in the delimitation process in the country: -

Key similarities between the Indian and the British constitution:

Key differences between the Indian and the British constitution:

Other significant contributions are:

The limitations of the Rajya Sabha:

Evolution of Indian federalism:

Judicial Independenc in India:

Cases related to the appointment process:

Governor’s power to ensure checks and balance

Controversies around the governor’s post

Role of CAG in Government’s financial transactions

Role of CAG in Government's Decision-Making Process

Limitations of CAG's Role as the Watchdog

Mandate of the National Human Rights Commission (NHRC):

Political participation in India:

It has helped in fostering a culture of inclusiveness and pluralism in Indian democracy:

Finance Commission’s mandate:

Limitations of Panchayati Raj Institutions:

Rights often denied to prisoners in India:

Measures to improve the rights of prisoners:

You might also like