GS2 Weekly (19th – 24th Jan 2015)

[The Undercover Group]

General Studies – 2

Topic: Social empowerment; Government policies and interventions for development in various

sectors and issues arising out of their design and implementation.

Q. Women empowerment is not possible without involving them in decision-making at all levels.

Suggest measures to achieve the same. (200 Words)

Business Standard

The Hindu

Ans: The position & status of women was very low in 18 and 19th centuries .it has started rising

from the 20th century. Women are entering in almost every field after the post 1991 period.

they constitute half of world’s population but they still remain world’s most underutilized

resources.we need to involve them in decision making at all levels for their empowerment. It

should start from the family, individual level.

1) Patriarchal nature of men should be changed by seeing women as objects. women should be

given opportunities to express her views, decisions. education system in india should be revived

by putting pictures of women only as teachers, nurse in text books. This is entering into kids

mind that women can play only these roles.

2) Only few womens are entering into decision making process,that alone will not lead to

empowerment. Though Govt has taken steps through 73rd &74th amendment to ensure 1/3rd

participation of women at the grass-root levels,33% reservations should be given to women to

increase their participation in decision making.

3) Schemes for encouraging entrepreneurship skills should be introduced. bharatiya mahila bank

is a welcoming step by the govt.

4) poor literacy rates, high mortality rates, numerous instances of discrimination in workplace

are faced by women. Acts such as Domestic Violence Act, Sharda Act and Compulsory

Registration of Marriage Act can be strengthened alongwith provisions for a

uniform Code bill.

5) Most women in india are agricultural labours. they are not given equal wages. we have article

14 in our constitution, but this is the status of women in rural India.govt should make policies to

ensure equal wages to women.

6) Women led SHGs and co-operatives like SEWA should be promoted.

7) Strict implementation of Justice Verma Committee recommendations to prevent violence

against women.

8) Make in India should use women to show their potentials.

UN & Govt has taken many steps like ‘heforshe’ campaign,nirbhaya fund, Beti Bachao,Beti

Padhao etc the above measures should be taken into account to increase their participation in

the decision making process of our country.

Topic: Statutory, regulatory and various quasi-judicial bodies

Q. Autonomy of censor board has its direct bearing on the protection of freedom of speech and

expression in the country. Elucidate. Suggest measures to improve the functioning of the Central

Board of Film Certification (CBFC) in the light of recent controversies. (200 Words)

The Hindu

Ans: The Constitution of India has mandated the people with freedom of speech and expression

under Article 19, subject to certain restrictions. However, censorship in films has been dealt

with on a slightly different plane primarily due to the fact that they have immense potential to

sway public opinion in a country which has often witnessed communal and religious

disharmony.

The recent censoring of a movie by the CBFC on the grounds that the movie promoted

superstitious beliefs and that the lead actor of the movie is a controversial figure (who has been

earlier accused of hurting Sikh sentiments, sexual exploitation of women and murder) is justified

in the sense that freedom of expression cannot be absolute, especially in such cases where a

person may try to better his image through a positive portrayal onscreen.

The CBFC’s autonomy has been important in insulating the board from political parties

especially those who might want to carry out political or religious propaganda through the

medium of films. The banning of the documentary Final Solution (based on Gujarat-riots) is a

case in point. However, there have been instance of the board’s overt activism. For example, the

movie Gulabi Aaina, which was based on transgenders, was banned in India although it had won

numerous awards all over the world.

The government should presently try to tender complete autonomy to the CBFC by classifying it

as an independent body and not under MoIB. The Film Certificate Appellate Tribunal can also be

reformed vis-à-vis National Green Tribunal to prevent any political interference. The civil society

and NGOs can also be engaged to participate in the selection of the members as well as in the

issuance of certificates to films.

Topic: Effect of policies and politics of developed and developing countries on India’s interests;

Q. Highlight the importance of United States to the Indian growth story. What are the irritants in

the relationship between two countries? Comment on them. (200 Words)

Business Standard

The Hindu

Ans: Globalisation and rise of china has inevitably led to good relations between US and India. In

the present context of India's desire to eliminate poverty,economic betterment and entry to the

united nations security council hinges largely upon it's relation with the US.

Importance

-Ebergy security-India's focus on renewable energy and nuclear energy largely depends on

technology transfer and investments from US companies.

-Trade Relations-India's hopes of reviving it's manufacturing industry through Make in India

depends upon the US investment.India's agriculture sector and food processing industry has a

lot to learn from and co-operate its american counterparts

-People to People relations-Better relations will lead to cross border flow of information and

ideas that will help India in developing its knowledge economy

-Huge remittances from US help India reduce its CAD therefore assumes high importance

-Threat of terrorism to both the countries have led to better co-opertaion between the two

contries in ensuring internal security

Major Irritants

-Nuclear Liability Bill-Liability of the suppliers under section 46 of the nuclear liability of the bill

has impeded the expected co-operation.Fear of US companies to be dragged into court cases by

the victims and the compenstion to be paid in the aftermath of nuclear disasters has alienated

them from investments

-Environmental Issues-Indian stand of common but differentiated responsibility and US' stand pf

uniform responsibility has led to deadlock over any global agreements

-Pakistan-US' continued financial aid to Pakistan and it's reluctance to pressurise despite its tacit

support to the terrorist organisations operating from its soil has been a stumbling block for the

two countries

-India’s solar policy which stipulates that the equipment to be used should be indigenous is also

a bone of contention between the two nations as US feels this policy to fillip ‘make in India’

campaign is against its companies and has challenged this policy at WTO.

-Visa Issues-Stringent regulations on Indian emigrants has been a bone of contention

-IPR regulations-India's insistence on availability and affordability of drugs and US pharma

companies allegations of violations of IPR rules has led to reluctance of US pharma companies to

invest in R&D.

Topic: Structure, organization and functioning of the Executive ; Separation of powers between

various organs;

Q.Executive cannot misuse the extraordinary provisions of “Ordinance making” and “Joint

session” to undermine the legitimate role of legislature and Rajya Sabha in particular. Explain

using recent examples. (200 Words)

Business Standard

Ans: The power to issue ordinances derives from Art. 123 and is normally to be exercised to

bring in urgent legislative measures when Parliament is in recess. It is not one to be resorted to

merely because the government of the day lacks a majority in the Upper House or is unable to

break a deadlock in Parliament.

The recent government has promulgated nine ordinances in its eight months which has come

under severe criticism for bypassing legislative scrutiny.

A similar criticism forwarded is the use of Joint Sessions under Art 108 when a bill is rejected by

either house. Since bills are decided via simple majority, a government that enjoys the majority

in the larger house usually prevails. This is considered improper as the Upper House is designed

to be a check against the popular majority of the Lower House.

On the other hand, legislative productivity has been on the decline over successive parliaments

with inefficient floor management, frequent house disruptions over minor issues and a general

reluctance across parties to make pragmatic concessions. Recent examples are when legislative

business was stalled over issues like reconversion, and comments by some members of

Parliament outside it.

The government argues that stalled legislation has created a glut where defence, infrastructure

and rural power projects were stalled due to the land acquisition process. Similar urgency has

been cited when promulgating ordinances for Citizenship, Coal Mines, FDI in Insurance, etc.

I consider both - the stalling of national parliament because of politically motivated or trivial

issues, and the reactionary recourse to the ordinance route- to be legislative impropriety which

impedes the democratic underpinnings of the parliament.

Some checks and suggestions:

1. The supreme court can cap the lifetime of Ordinances by preventing re-promulgation as ruled

in D.C. Wadhwa versus State of Bihar

2. Presidential discretion is also an available check via his/her various veto powers as an

Ordinance is indistinct from an Act of Parliament.

3. Disruptions are undemocratic because they allow a vocal minority to stall the popular

majority from conducting legislative business. There should be a multi-party agreement to not

disrupt proceedings and undertake sessions in a parliamentary manner. A code of conduct

might be in order.

4. Government should try to build consensus rather than trying to bypass the opposition

Topic: Bilateral, regional and global groupings and agreements involving India and/or affecting

India’s interests

Q.How does the early conclusion of The Bilateral Investment Treaty between India and USA

benefit the two countries? What are the roadblocks in its path? (200 Words)

Business Standard

Ans: Bilateral Investment treaties(BIT's) are agreements with other countries to ensure that an

adequate safe business environment is provided for mutual investors abroad as well as

encouragement of capital flows into their own countries.Early conclusion of BIT's benefits both

the countries because:

1)Will create greater investment as well as job creation by creating a friendly environment

2) Foster greater openness to investment,transparency and predictability thus supporting

economic growth for both countries.

3) Increase regulatory stability and decrease investor uncertainty. Protection of Intellectual

Property Rights(IPR's) will also be ensured thus increasing trade relations.

4)Restricts the imposition of performance requirements and eases transfer of funds in and out

of the host nation without delay

5)Most Favoured Nation(MFN) clause under BIT promotes free trade,lesser rules thereby

enhancing economic growth

The roadblocks for successful Implementation of BIT are:

1)Investor-State Arbitration: India faced Arbitration cases under previously signed BIT's

2)Sector-by-Sector Limitation of Foreign ownership

3)Performance Requirements:India uses tools that discourage investments.For eg,Foreign

Investments are obliged to draw 30% of products they sell from small Indian providers

4)Labor and Environment issues:BIT's facilitate companies to move operations to an area with

weakest environment and labor regulations

BIT's is certainly a boost for investments in both countries.With India having already signed BIT's

with 82 countries,BIT with the US will develop market oriented policies,do away with

investment-state disputes etc.

Topic: India and its neighborhood- relations.

Q.Critically examine how does the latest political, economic and security transitions in

Afghanistan pose new challenges to India’s interests in the region. (200 Words)

The Hindu

Ans: Afghanistan stands to be an important country for India owing to its strategic location of

being a gateway to central Asia and its stability/instability having a direct/indirect impact on

India in general and J&K in particular. In this perspective the recent transition on political and

security fronts brings new challenges for India.

The recent elections failed to provide an elected government resulting into power sharing

between the two main presidential candidates. With both having ideological differences on

various issues, this can lead to differences and instability on political front which can be

nurtured by countries like Pakistan and China to reduce India's influence in the country.

Recent multiple visits of ISI chief to Afghanistan is an example towards this. This can create

challenges for Indian influence and its efforts of building democratic institutions, deepening

democracy etc. Also projects like TAPI pipeline will continue to be in delay mode.

Secondly the transition of security responsibility in the hands of Afghan forces from

International Security Assistance forces (ISAF) forces after their withdrawal poses another

challenge. Any sort of failure into this can lead to emergence of non-state actors like Taliban, Let

manipulated by Pakistan.

This poses grave threat to India's developmental projects like dams, roads, railways, agricultural

university etc. This situation can led to the country becoming a hub of terrorist activities which

will also have a spill over effect on India's frontiers.

Further the insecurity over continuous international funding to the country along with low

developed domestic economy according to its demand makes it prey to other countries. As an

example it can move closer to Pakistan under various pressures for sea route connectivity giving

a big challenge for India's effort to provide the same to the country via rail link through

Chabahar port of Iran.

Therefore it is crucial for India to take the ruling political class in confidence of continuous

support on various fronts including economic, military, developmental. This will not only reduce

any chances of instability but will further raise India's credentials in the country which has

increased significantly over the recent years

Topic: Issues relating to development and management of Social Sector/Services relating to

Health,

Q.The draft Bill that seeks to amend the provisions of the Cigarettes and Other Tobacco

Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production,

Supply and Distribution) Act, 2003 is a right step towards reducing the consumption of tobacco

products in India. Examine. (200 Words)

The Hindu

Ans: There are approximately 275 million smokers in India as of 2013, which according to WHO

constitute around 12% of world smokers on 2009. Tobacco use accounts for nearly half of

cancer case in Indian males and quarter of cancer cases in females. So the move by Ministry of

Health and Family can be considered a right move in a country where this public health hazard is

on the rise.

• Major Amendments proposed

Prohibition on indirect advertisements:

The pseudo advertisements which most of the alcohol and cigarette companies do where they

promote the brand name of their cigarette by non-tobacco product. This move will have a

lasting and immediate effect on tobacco consumption. This move also falls in the Ambit of WHO

Framework Convention on Tobacco Control (FCTC) which prohibits such brand sharing through

advertisements. This move can be effectively enforced by the government.

Banning of display of tobacco products at point of sale:

In shops and restaurant (point of sale) the tobacco products are displayed to promote their

consumption.

This tactic fuels the impulse of buying on consumers and is a "key mean" to promote

consumption as direct advertisement is banned. This move can further reduce the consumption

but implementing it would be a challenge as most of the point of sales are small shops, this is

also the reason why sales to below 21 years of age can't be controlled and why sales of loose

bidis and cigarettes can't be stopped. This move is also in line of recommendations of FCTC.

If the amendment is passed, the government need to come up with an effective strategy to

implement them to make sure that these amendments don't go on the same path where ban on

sale to below 21 years of age and ban on loose bidis and cigarettes went.

Topic: India and its neighborhood- relations.

Q. “Nepali leaders should work together in the final stage of peace process in drawing up a

Constitution that honours past agreements as well as mandate of Constituent Assembly

elections.” Trace the major milestones in Nepal’s peace process and Highlight the various

contested issues in framing the constitution. (200 Words)

The Hindu

Ans:http://a.disquscdn.com/uploads/mediaembed/images/1648/1320/original.jpg

Topic: Issues relating to development and management of Social Sector/Services relating to

Health, Education, Human Resources.

Q. Despite the importance of Safai Karamcharis in ensuring Clean India; they live in dire

conditions and perish. What are the problems faced by Safai Karmacharis? Discuss the initiatives

taken by the government in addressing these problems and evaluate their successes. (200

Words)

The Indian Express

Ans: Safai Karamcharis normally include persons engaged as ‘Sweepers’ or ‘sanitation/cleaning

workers’ in municipalities, government and private offices. These sanitation workers face many

problems during execution of task and which has ill after effects.

The major problems faced by them are:

1. Absence of adequate protective gear, and the hazardous working conditions, voilating Article

42 of Indian Constitution, due to which their mortality rate is unusually high.

2. Heart-related problems, asthma and tuberculosis are common diseases among them.

3. Many of them also die on-duty due to road accidents

4. They have to collect really hazardous garbage, especially in slums and colonies. They have to

inhale hazardous gases emanating from the rotting garbage which irritates them and affects

their mental health too.

5. They face social discrimination, considered ‘kachrawala’ rather than ‘safaiwala’.

6. They lack economic security and in case of death at workplace the compensation amount is

meagre and their dependents do not get jobs on compassionate grounds.

Government has taken various steps to provide assistance and improve the conditions of Safai

karmacharis. The major such initiatives are:

1. National Safai Karamcharis Finance and Development Corporation (NSKFDC), 1997, as an

Apex Institution for all round socio-economic upliftment of the Safai Karamcharis and their

dependents and to extend concessional financial assistance to the SafaiKaramcharis

beneficiaries for establishment of income generating projects.

2. National Scheme of Liberation and Rehabilitation of Scavengers (1992) to provide alternate

employment to the scavengers and their dependents.

3. The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition)

Act 1993.

4. Pre-matric Scholarships for the Children of those engaged in unclean occupations.

5. Valmiki Malin Basti Awas Yojna (VAMBAY), 2001, with the aim to provide shelter.

All these initiatives have however not been rigorously implemented and their success still

remains a distant dream, especially the Manual Scavengers Act of 1993. Safaikarmacharis

still are devoid of their right to healthy living and working conditions,social inclusion and

economic protection.

Topic: Effect of policies and politics of developed and developing countries on India’s interests

Q. “The Taliban, Boko Haram, al-Qaeda and IS are organisations born out of particular

configurations of geopolitics and superpower interventions and invasions “ Critically analyse.

(200 Words)

The Hindu

Ans: The seedlings of terror outfits have been sown and nourished by whole range of power

structure from superpower to MNCs for the short term gains overlooking the long term impact

on recipient society. Various factors aggravating current situation includes:

1) The curse of colonialism- much of dispute in Africa is remnant of surgical division of territories

completely ignoring interdependent tribal interests, converting sometimes majority to

minorities.

2) Neo-mercantilism-even after independence colonial power meddled in internal politics as

well supported autocratic rulers for exploiting natural resources,no wonder most violent groups

are based in these territories.

3) Super power rivalries-In most instances funds, weapons as well as required intelligentia being

provided by superpower against each other, examples of taliban in afpak , maoism in vietnam

are vivid.

4) Myopic division of good and bad terrorism eg western support to good terrorist in syria.

5) Frequent use of hard power and garrison governance becoming the recruiting ground of

terror.

6) Religious imperialism- forced conversion in occupied territories

7) racial discrimination

These interventions lead to seclusion of general public who desperately looked for new

alternative , a situation exploited of terrorists for their own political aspirations. To establish

their brand they indulge in bitter competition with each other leading to greater violence.

Nevertheless certain latent factors were present in these regions such as-

1) Economic factors- high unemployment,poverty.

2) Governance failure- high centralization, ignoring development works based on identities of

religion, tribe etc besides rampant corruption.

3) Social factors- religious fundamentalism, minority massacres etc leading to highly unstable

society.

In nutshell, today terrorism at international stage is culmination of greed of richer societies and

ominous need of poorer societies for saviour, the saviour turning into demon.

Thus there is greater need to push for developmental work in poorer societies, need to realize

such oppressive highly unequal world structure cannot lead to sustainable human development.

Topic: Structure, organization and functioning of the Judiciary

Q. In 1994 the Supreme Court gave a verdict that all fundamental rights had positive as well as

negative connotations. Can the same logic be applied to “Right to Life” ? Critically examine in

the light of Government’s recent decision to decriminalise section 309 of IPC which makes

Suicide a criminal offence. (200 Words)

The Hindu

Ans: Supreme Court in 1994 put forward the observation that all fundamental rights have both

positive and negative connotation. For example, right to freedom of speech also includes right

to remain silent, right to do business includes right not to do business, etc.

"Right to life" which is secured by the article 21 of the Indian Constitution, SC in P. Rathinam

case for decriminalizing suicide stated that former should include also the "right not to live a

forced life" or "right to die".

But section 309 of IPC states attempt to commit suicide is punishable with simple imprisonment

up to one year and/or a fine.

"Right to die" as deemed to be established by the decriminalization of suicide is based on idea

that it will promote cause of humanisation. As exercise of this right is central to personal

autonomy and bodily integrity and considered as of the precondition of humanization.

Some reservations argued by specialist:

1. India has the highest suicide rate in world after China and decriminalising attempt to suicide

will only increase this number

2. Bihar government urged caution, saying suicide-bombers would no longer be covered and

deterred by law.

3. MP government believed that the repeal would dilute Section 306 dealing with abatement to

suicide.

It’s obvious, logic of suspension of "freedom of speech" under specific condition established by

law and "allow to die" under Article 21 are not the same.

For example, if the sole bread winner of his family commits suicide, his family would certainly be

driven to destitution and thus suicide doesn't remain a private affair.

Thus, decriminalizing suicide is a complex issue considering the unique socio-cultural conditions

of India. We should find better options by wide public and parliamentary debate to smooth this

issue.

Topic: Effect of policies and politics of developed and developing countries on India’s interests,

Indian diaspora

Q. “To achieve the full potential of the relationship, India and US need to deepen strategic and

economic cooperation and set new goals for the relationship.” Discuss. (200 Words)

The Hindu

Ans: India-US relations have seen a steady growth in the past decade, especially since the

signing of the Civil-nuclear deal. Bilateral trade has expanded manifold since then and US has

replaced Russia as our biggest arms supplier. The growing number and influence of the Indian-

American community has also helped immensely towards this cause.

However, the relationship is far from ideal. USA’s numerous reservations on our food security

regime, IPR regime, support for Iran, absence from the WTO framework on important issues

such as IT services and government procurement, nuclear liability issues etc. has prevented

optimal growth of our relations. On the other hand, India’s concerns arise from USA’s continued

support for Pakistan, capping of the H-1B visas for Indian workers, spying accusations on Indian

politicians etc.

The US is one of India’s largest trade partners and source of FDI. Also, India has a positive trade

balance with the USA which quells any fears of the USA imposing its will on India through

economic means. USA can also be a source of critical technology for India in various sectors such

as military, renewable energy, nuclear energy etc. It can also expedite the process of India’s

inclusion in the Trans-Pacific Partnership which can be beneficial for both the countries.

The rise of China and the belligerence of Russia have gradually become direct threats for USA’s

economic and security interests worldwide. India being a member of the BRICS, can enable the

US to gain leverage on China and Russia. However, the relationship needs to have a strong

economic foundation to ensure its long-term success.

Topic: India and its neighbourhood relations

Q. The recently concluded Sri-lankan elections have opened new doors for transition peacefully

from what was becoming a military state into the democratic norms of a civilised nation. How

will it impact the interests of India and the mutual relations between the two nations? (200

Words)

The Hindu

Ans: Bilateral relations between the Democratic Socialist Republic of Sri Lanka and the Republic

of India have been generally friendly, but were controversially affected by the Sri Lankan civil

war and by the failure of Indian intervention during the war.

India and Sri Lanka are member nations of several regional and multilateral organisations

(SAARC), South Asia Co-operative Environment Programme, South Asian Economic Union and

BIMSTEC, working to enhance cultural and commercial ties.

Rajapaksa had allowed China to enlarge its strategic footprints in Sri Lanka like never before like

docking of Chinese nuclear submarines and warships docking in Sri Lankan ports.

The new President wishes to implement 13th Amendment quickly. He has chosen India to be

the first foreign visit destination provide more positive outlook towards India than his

predecessor.

India's National Thermal Power Corp (NTPC) is also scheduled to build a 500 MW thermal power

plant in Sampoor (Sampur). The NTPC claims that this plan will take the Indo-Sri Lankan

relationship to new level

Both countries agreed to re-engage on the issue of repatriation of refugees currently in India

back to Sri Lanka in last week is vital

India wants peace and tranquillity to prevail in the island nation. The Tamils had been feeling

suffocated, as Rajapaksa failed to honour his promise to bring them back to the national

mainstream. India may not have deep pockets like China but it can make up for it by its abiding

concern for the well-being of the Sri Lankan people.

Topic: Welfare schemes for vulnerable sections of the population by the Centre and States and

the performance of these schemes;

Q. The Prime Minister denounced the practice of female foeticide, saying such discrimination

reflects “mental illness” and displays a mindset “worse than people in the 18th century”. Discuss

comprehensively the reasons responsible for such mindset in our country? Give innovative

solutions to tackle the issue, while mentioning the recent initiatives taken by government in this

regard. (200 Words)

http://indianexpress.com/article/india/india-others/pm-modi-launches-beti-bachao-beti-

padhao-campaign-to-improve-child-sex-ratio/

http://indianexpress.com/photos/picture-gallery-others/narendra-modi-launches-beti-bachao-

beti-padhao-campaign/

Ans: Ethos of a society develops over time; it requires the generation to generation imbibing to

certain vices that they take such a cruel shape as is the problem of female foeticide in India.

Prime culprit is the "Indian Patriarchal" society which sees females as a financial burden and

sons as the bread winner. Practices like dowry fuel this thinking. Suppression of female freedom

in terms opportunities of learning, contribution to society are pruned which makes a vicious

circle in which women feel hapless and stuck forever.

Societies in North-East India are in strict contrast where females are encouraged to fill in the

shoes of males and enjoy ample freedom. So exposure to other societies and benefits they are

reaping by empowering women will make people re-think about their perception towards

females. Government should indulge more and more in the discourse, rather than over-policing

morality of society, as these are perceived as an attack on cultural ethos, which make people

close rather than opening up about such problems.

Parliament has enacted 2 major acts (PCPNDT & MTP) to counter this problem but

implementation and awareness about these is a concern. Recently Govt. announced schemes

like “Beti Bachao, Beti Padhao”, " Sukanya Samridhi Yojna" and "Kanya Kosh" to fight against

female foeticide and to economically support parents with girl child so to empower girls

Topic: Statutory, regulatory and various quasi-judicial bodies

Q. “The recent Supreme Court judgement for Institutional integrity from BCCI and classifying it

as a Public functionary will advance public accountability in all the sports bodies in India “. In the

light of the verdict discuss the problems faced by the sports sector .Also suggest the solutions

for the same. (200 Words)

http://www.thehindu.com/sport/cricket/needed-institutional-integrity-from-bcci-

sc/article6813078.ece

Ans: Supreme court’s judgment increases accountability of private entities which are working as

public entities.

Cricket has become business since start IPL, ICL and other championships. BCCI registered under

Tamil Nadu Societies Registration Act controls cricket in India and Indian cricket at abroad

delivering public service with highest sports viewership in India. But, it is self-governed without

any public accountability because Article 12 of Indian constitution can’t subscribe to such

organisations.

India recently lost its membership from international Olympics committee because rules

Olympics Association of India were ultra-vires to IOC. Similar crisis in Hockey Association, Boxing

Federation, and Football are mushrooming on same grounds of non-public scrutiny under Article

12. We don’t have any National Sport because of such inconsistency in management of Sports

fraternity in India. GOI of do not control any of sport which is relevant to Olympics.

SC’s judgment that all institutions though not “state” under Article 12 of the Indian constitution,

but providing, earning or governing activities which are directly related to public or state comes

under purview of Article 226 of the Indian Constitution is laudable.

Solutions:

1. Bring sports entities under RTI and Lokpal or lokayukta

2. Parliament must enact law regarding governance of Sports Authorities

3. TRAI must regulate and notify rules for advertisement and telecasts of Sports in India

4. Service Tax and Education cess should be levied on earning of sports Authorities.

With over billion populations India starves for a single Gold Medal from Olympics, in long term

this landmark judgement will change profile of Indian sports.

Topic: Important International institutions, agencies and fora- their structure, mandate

Q. “This body (International Criminal Court) represents no one. It is a political body… There are

quite a few countries that also think there is no justification for this body’s existence.” Critically

evaluate the given statement. How does ICC differ from ICJ? (200 Words)

http://www.thehindu.com/opinion/editorial/editorial-dispute-over-international-criminal-

court-intervention/article6812247.ece?homepage=true

Ans: There is a wide difference between ICJ and ICC, which makes ICC a dwarf body in

International Politics.

Features of International Court of Justice – ICJ

1. It is the primary judicial branch of United Nations and settles legal disputes and provides

advisory opinions submitted to it by its member states. ICJ is a civil court.

2. UNSC enforces its court’s rulings.

3. International Court of Justice is one of the most important guarantors of peace, security and

co-operation among states.

4. Funded by UNGA, all UN members are also member of ICJ.

Features of International Criminal Court – ICC

1. It was set up after the ad hoc tribunals to deal with Rwanda war crimes proved ineffective.

ICC is a criminal court. But most nations are not a signatory to ICC including India, China, USA,

Russia.

2. ICC is based on the principle of complementarities. ICC was not created to supplant the

authority of national courts. However, when a state’s legal system collapses or when a

government is a perpetrator of heinous crimes, the ICC can exercise jurisdiction. ICC is a court of

last resort.

3. ICC ensures that those who commit serious human rights violations are held accountable.

Justice helps promote lasting peace, enables victims to rebuild their lives and sends a strong

message that perpetrators of serious international crimes will not go unpunished.

4. Funded by contribution from state parties to the Rome Statute; voluntary contributions from

the U.N; voluntary contributions from governments, international organizations, individuals,

corporations and other entities.

From above mentioned differences it believed that ICC ruling are not binding on any state

except parties, while UNSC is bound to judgement of ICJ. Thus there is wider scrutiny of ICJ then

ICC. So, importance of ICC for many countries is not visible.

Topic: issues and challenges pertaining to the federal structure, devolution of powers and

finances up to local levels and challenges therein.

Q. ‘The politics of exclusion of a number of states by putting restrictions on people aspiring to

contest local elections is unconstitutional and should be re-looked.’ In the light of recent laws

passed by states, analyse how they affect the democratic nature of our polity.What should be

done to achieve the desired objectives? (200 Words)

http://www.downtoearth.org.in/content/machiavellian-

moveshttp://www.epw.in/commentary/bill-compulsory-voting.html

Ans: If state government is on enlightened goal of setting ground level representative as the

torch bearer of civic ideals,MLA's should first be subjected to such provisions.Otherwise,it will

certainly be perceived as the draconian politics of exclusion.

When feminist consideration is becoming the core of public discourse and therefore giving 50%

reservation to woman in local election,it is paradoxical to set educational criteria in a state

where literacy rate is below 50%.

By making it compulsory to vote,government is simply treating citizens as the client of political

business.Citizenship can not be forced in democracy but it should be solicited.

Above measures is mainly initiated by bjp state government which is obsessively preoccupied

with effective and efficiency,leaving public value citizen interest aside.

Unlike England, tested culture and convention is lacking in indian democratic polity due to its

nascent origin .It is still dancing on the tune of power dynamics.Center is not allowing

responsible federalism and at the same time state is reluctant to shed its control at the expense

of local government.

2.While the electorate has been consistently been expanded, the recent decisions to cull the

number of people eligible for election can only be defined in terms of a blatant attempt by the

political class to remain in power by reducing the choice of the people and including people who

can easily be influenced.

The true meaning of democracy can't be realised if the entire exercise remains merely an

exercise in testing the propaganda machinery of each party. The poor, those lacking resources

cannot hope to contest in an election where the credentials of the candidates are dependent on

the monetery power of their party.

The two child policy, compulsion of household toilets, minimum education qualification norms,

compulsary voting norms etc. have taken us back to the days of the restricted mandate of the

British times when only the selected princes and rich buisness people could vote.

That the Indian state is merely a modified form of imperialist power is no surprise. Even

Mahatama Gandhi had warned against such an outcome. Sadly over the years, his words seem

to have more truth than we had realised.

The only solution is to do away with all of these invisible walls to democratic salvation.

Preferably, the voting age can be increased to increase the maturity of the electorate and the

election expenditure of the parties be borne by the government to ensure that the privileged

classes don't form an oligarchy in name of elections.

Topic: Government policies and interventions for development in various sectors and issues

arising out of their design and implementation.

Q. The state government’s inability to effectively enforce liquor prohibition in Manipur over the

last two decades and its need for additional revenue has compelled it to mull over the option to

lift the ban on alcohol in the state. How will such a decision impact the people and the state?

Analyse the pro and cons of such a move keeping in mind the ground realities which exist in the

state. (200 Words)

http://www.epw.in/reports-states/prohibition-manipur.html

Ans: Liquor consumption is a menace pervasive in Indian society. It is a threat to individual

integrity and societal well being. The Manipur govt. mulling over lifting ban on consumption has

raised several issues discussed viz.

Pros:-

1. Liquor sale is an important source of income through excise and sales tax.

2. Decrease in illegal sale and related activities to it.

3. Will restore prestige of eroded legitimacy of govt. which failed to implement it in spirit.

4. Decreased administrative and financial burden on enforcement agencies.

Cons:-

1. Alcohol leads to dysfunctional and indolent youth thereby affecting GDP of the country.

2. Perpetuate crimes like domestic violence, murder etc.

3. Alcohol is injurious to health of the consumer which leads to health problems and ultimately

adds to health budget of state.

4. Major cause of women subjugation and reinforcement of patriarchy.

5. Perpetuates poverty trap among lower section of society.

6. Questions policy formulation capacity of elected representatives.

In totality mere banning liquor is a knee jerk response to deeply rooted problem. Inculcating

behavioural change, mass awareness through media, civil society etc, education, women

empowerment with active participation 3 tier of govt. can go along way in this direction.

Topic: Structure, organization and functioning of the Judiciary

Q. “The fact that Section 498-A is a cognizable and non-bailable offence has lent it a dubious

place of pride amongst the provisions that are used as weapons rather than shield by

disgruntled wives.” Critically analyse in the light of recent Supreme Court judgement. (200

Words)

http://www.epw.in/system/files/pdf/2014_49/52/Fallacies_of_a_Supreme_Court_Ju

Ans: Indian Courts had been using IPC 498-A to safeguard the women from facing the cruelty

faced by them at their matrimonial home.

Most of the cases are related to dowry, wherein the woman is continuously threatened for want

of more money and property which if remains unfulfilled, the married woman is tortured,

threatened, abused- both physically and verbally and harassed.

Several cases show that the married woman takes advantage of the section. Many women

rights’ groups justify the abuse of this section as being a common feature with all other laws and

that also the ratio of false cases to that of true ones as being very low. But this still does not

change the truth.

The abuse of this section is rapidly increasing and the women often well- educated know that

this section is both cognizable and non-bailable and impromptu works on the complaint of the

woman and placing the man behind bars.

Justice must protect the weaker and ensure that the wronged is given a chance to claim back

his/her due. When women accuse their husbands under Sec 498A IPC by making the offence

non-bailable and cognizable, if the man is innocent he does not get a chance quickly to get

justice.

Misuse of the provision a new legal terrorism can be unleashed. The provision is intended to be

used a shield and not an assassin’s weapon.

Therefore, the lawmakers must suggest some way of making this section non-biased to any

individual such that the guilty is punished and the person wronged is given justice