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LUCKNOW: A-12, Sector-J, Aliganj, Lucknow | Ph.: 0522- 4025825, 09506256789 1 UPPCS MAINS 2020 TEST-2/MODEL ANSWER Q1 Can parliamentary democracy ensure inclusive growth and development of India? Discuss. Ans: Parliamentary democracy has been the accepted form of government India has had since 1947. One of the reasons it was favoured that it could promote political harmony, inclusive growth and development. How it promotes inclusive growth and development 1) Our parliamentary democracy with multiple political parties has allowed many diverse regional (DMK), ideological (CPIM) to enter political mainstream, thereby making the democratic process more inclusive. 2) Universal adult franchise for elections to parliament, state legislative assemblies etc. have made every single adult regardless of caste,, class etc. to be included in the parliamentary process. 3) The parliamentary and assembly contituencies give a chance to the MPs and MLAs to work for the growth and development of their constituencies. Schemes like MPLADS and Aspirational District Programme take this vision forward. 4) A responsible government focussed on growth and development agenda is set as the executive remains accountable to the legislature. 5) Better coordination between executive and legislative as the former is a part of the latter and this creates legislative harmony. It helps in smooth passage of bills for growth and development of the country. Challenges : 1) The first past the post system facilitates majority party leadership. hence, a winner can be declared despite getting extremely low vote count only if he is ahead of their peers. 2) The huge criminalisation of politics is a dent on parliamentary democracy. 29% of MPs in the 17th Lok Sabha have serious criminal cases against them. 3) The pressure of coalition politics can delay and dampen the growth and development agenda for the sake of survival. 4) The phenomenon of absolute majority runs the risk of passage of many unpopular bills and measures overlooking the sentiments of the people and other legislative colleagues. Despite many challenges, parliamentary democracy has passed the test of time. It has not only survived but also contributed to the growth and development of India effectively. Q2 Analyse the inter-relationship of political executive and permanent executive in Indian democracy? Answer: The executive is one of the three key functionaries of the government. Its role is to implement laws that have been framed by the legislature. The political executive refers to the government of day (temporary) headed by the P.M., while the permanent executive refers to the civil servants (permanent) who assist the political executive in policy execution. Interrelationship between them 1) Based of the principle of political neutrality of the permanent executive (neutral behaviour even with the change of political parties). 2) The permanent executive is accountable to the minister who is the permanent representative of the people. 3) Non-interference by the political executive in the day to day affairs of the permanent executive. 4) Impartial advice tendered by the permanent executive to the political executive without fear. 5) Effective utilisation of limited resources by appropriate implementation. 6) Effective delegation of power by the political executive to the permanent executive without any centralisation.

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Q1 Can parliamentary democracy ensure inclusive growth and development of India?Discuss.

Ans:Parliamentary democracy has been the accepted form of government India has had since

1947. One of the reasons it was favoured that it could promote political harmony, inclusive growthand development.How it promotes inclusive growth and development1) Our parliamentary democracy with multiple political parties has allowed many diverse

regional (DMK), ideological (CPIM) to enter political mainstream, thereby making thedemocratic process more inclusive.

2) Universal adult franchise for elections to parliament, state legislative assemblies etc. havemade every single adult regardless of caste,, class etc. to be included in the parliamentaryprocess.

3) The parliamentary and assembly contituencies give a chance to the MPs and MLAs to workfor the growth and development of their constituencies. Schemes like MPLADS andAspirational District Programme take this vision forward.

4) A responsible government focussed on growth and development agenda is set as the executiveremains accountable to the legislature.

5) Better coordination between executive and legislative as the former is a part of the latterand this creates legislative harmony. It helps in smooth passage of bills for growth anddevelopment of the country.

Challenges :1) The first past the post system facilitates majority party leadership. hence, a winner can be

declared despite getting extremely low vote count only if he is ahead of their peers.2) The huge criminalisation of politics is a dent on parliamentary democracy. 29% of MPs in

the 17th Lok Sabha have serious criminal cases against them.3) The pressure of coalition politics can delay and dampen the growth and development agenda

for the sake of survival.4) The phenomenon of absolute majority runs the risk of passage of many unpopular bills and

measures overlooking the sentiments of the people and other legislative colleagues.Despite many challenges, parliamentary democracy has passed the test of time. It has not

only survived but also contributed to the growth and development of India effectively.

Q2 Analyse the inter-relationship of political executive and permanent executive in Indiandemocracy?

Answer:The executive is one of the three key functionaries of the government. Its role is to implement

laws that have been framed by the legislature.The political executive refers to the government of day (temporary) headed by the P.M.,

while the permanent executive refers to the civil servants (permanent) who assist the politicalexecutive in policy execution.Interrelationship between them1) Based of the principle of political neutrality of the permanent executive (neutral behaviour

even with the change of political parties).2) The permanent executive is accountable to the minister who is the permanent representative

of the people.3) Non-interference by the political executive in the day to day affairs of the permanent

executive.4) Impartial advice tendered by the permanent executive to the political executive without

fear.5) Effective utilisation of limited resources by appropriate implementation.6) Effective delegation of power by the political executive to the permanent executive without

any centralisation.

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Potential Conflict Areas1) Civil servants are often affiliated to one or other political party. During advisory role of civil

servants they have to make a trade off between long term social payoffs vs. short termpolitical gains.

2) Elected representatives often put pressure on the civil servants to have their way.3) Punitive transfers, appointments, postings of civil servants breeds subservience and a culture

of fear in them.Way Forward1) Autonomous board for appointment, posting/transfer etc.2) Clear division of responsibilities.3) Civil servant should be impartial and politically neutral in their advice.4) Strengthening the ethical quotients of both the executives.

Effective implementation of policies and prerogatives is vital for the larger social and economicdevelopment of the country. Effective coordination between the two executives is a prerequisitefor it.

Q3 Analyze the transformation of the role of police in the context of Uttar Pradesh.Ans:

The recent covid 19 crisis highlighted how the U.P. police had to done roles absolutely differentfrom its traditional roles. Their spectrum of work expanded to hitherto distinct domains.

The transforming roles:1) Police today has to be more technologically well equipped in U.P. with the huge increase in

the cyber crime rate. The cyber crime rate has seen a rise of 77% since 2018.2) U.P. has topped as per the NCRB in the rate of crime against women. This reflects how the

police has to more effectively work in protecting the women of U.P. This will entail a lot ofsensitivity and compassion.

3) The police today with increase in population and crime has to stretch itself out. There areonly 140 policemen for 100000 people. The ratio in U.P. too is very poor. Hence, police willhave to equip itself to deal with more crime and more people but not commensurate increasein benefits, resources etc.

4) The many constraints coupled with high crime rates add to the stress of the police. Theyhave to be competent enough to be effectively manage this stress. Yoga and meditation canbe a help.

5) The rise in vigilante culture also is a new trend. The recent Dadri lynching of MohammedAkhlaq in U.P. has provided an opportunity to the police to deal with this new problematictrend take on the role of a vigilantism buster.

6) The recent covid 19 crisis transformed the role of policemen in U.P. greatly. Apart frommaintaining the lockdown discipline, social distancing norms they were also supplyingessential commodities to the old people and remote areas, transporting people who could notfind conveyance, distributing food packets and doing other charitable activities.With the changing social and criminal landscape the role of the police also changes. It is

important that it braces up to these new roles effectively.

Q4 Discuss the structure and functioning of the National commission on minorities.Ans :

Delhi High Court has sought the Centre’s response on a plea against government “inaction”on making appointments to the National Commission for Minorities (NCM).Structure :

The Commission shall consist of a Chairperson, a Vice Chairperson and five Members to benominated by the Central Government. All members shall be from amongst the minoritycommunities. The communities listed as minorities under the National Commission forMinorities Act, 1992, are Muslims, Christians, Sikhs, Parsis and Buddhists. Union Government

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constituted National Commission for Minorities, New Delhi and State Government constitutedState Minorities Commissions in their respective State Capitals.Functions:

The NCM Act lists 9 functions of the Commission:a) to evaluate the progress of the development of minorities under the Union and states;b) to monitor the working of safeguards provided in the Constitution and in union and state

laws;c) to make recommendations for effective implementation of safeguards for the protection of

minority interests;d) to look into, and take up, specific complaints regarding deprivation of rights and safeguards

of minorities;e) to get problems of discrimination against minorities studied, and recommend ways to remove

them;f) to conduct studies, research, analysis on socioeconomic and educational development of

minorities;g) to suggest appropriate measures in respect of any minority to be undertaken by central or

state governments;h) to make periodic or special reports to the Centre on any matter concerning minorities;

especially their difficulties;i) to take up any other matter which may be referred to it by the central government.

In the current atmosphere of insecurity among many sections of the minority population,in the wake of CAA, NRC etc. the NCM provides a platform for articulation of their grievances.

Q5 Discuss the functions and limitations of Central Vigilance Commission.Ans:

Sanjay Kothari, Secretary to the President of India, will be the next Chief Vigilance Commissioner(CVC).About CVC:1) It is the apex vigilance institution created via executive resolution (based on the recommendations

of Santhanam committeeon prevention of corruption) in 1964 but was conferred with statutorystatus in 2003.

2) It submits its report to the President of India.3) It Consists of central vigilance commissioner along with 2 vigilance commissioners.Functions of CVC:1) The CVC monitors all vigilance activity under the Central Government2) It advises various authorities in Central Government organizations in planning, executing,

reviewing and reforming their vigilance work.3) The CVC recommends appropriate action on complaints on corruption or misuse of power.4) The Act has amended some provisions of CVC Act, 2003 whereby the Commission has

been empowered to conduct preliminary inquiry into complaints referred by Lokpal inrespect of officers and officials of Group ‘B’, ‘C’ & ‘D’

5) The CVC – Under Prevention of Corruption Act, 1988 – can inquire into offences reportedagainst certain categories of Public Servants.

6) The Annual Report of the CVC not only gives the details of the work done by it but also bringsout the system failures which leads to corruption in various Departments/Organisations,system improvements, various preventive measures and cases in which the Commission’sadvises were ignored etc.

Limitations of CVC:1) CVC is often considered a powerless agency as it is treated as an advisory body only.2) It has no power to register criminal case against government officials3) It cannot direct CBI to initiate inquiries against any officer of the level of Joint Secretary

and above.

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4) Although CVC is “relatively independent” in its functioning, it neither has the resourcesnor the power to take action on complaints of corruption.

5) It’s vigilance function overlaps with UPSC which is a constitutional body and hence hasmore weightage in disciplinary matters.CVC performs the function of maintenance of integrity and financial propriety in govt

transactions, most of which are done through the taxpayer money. It is hence vital that they areused effectively.

Q6 The office of the governor has often been described as a political football. Comment.Ans:

Article 153 to 162 deal with the office of the governor. A governor performs a dual role in theIndian polity. He is the constitutional head of the state and also a representative of the centralgovernment.

In the recent past, his office has come under huge controversy for many wrong reasons.These are because of the heavy politicization of the position. A governor is looked at more as anagent of govt than as the head of the state. This has made him appear a s apolitical football beingused for political ends.Examples:1) Arunachal Pradesh governor advanced the winter session of the assembly to take up the

impeachment motion notice against speaker Nebam Rebia. This speaker had earlierdisqualified 14 rebel MLA’s. The Guwahati High court later stated that the summoningand proroguing of the house is not a discretion of the governor. He should be bound by theadvice of the council of ministers.

2) The S. R. Bommai government in 1989 was dismissed by the governor. The Governor did notallow the elected govt to prove its majority on the floor of the house.

3) The Karnataka case of 2018: The governor called a party not having a simple majority tocome and form the govt. The governor ignored other two parties who had an appropriate postpoll alliance and never gave them a chance to prove their majority.

4) The governor of J&K gave his consent for the dilution of Article 370on behalf of a dissolvedlegislative assembly.

UNDERLYING PROBLEMS:1) The post of the governor has long been considered to be a retirement package for bureaucrats

and politicians for their loyalty to the govt of the day.2) There is no process of removal of the governor that is stated in the constitution itself. This

brings arbitrariness in the removal process of a high constitutional functionary.3) The discretion that the governor exercises while promulgating the President’s rule under

article 356. He acts as an agent of the centre and fulfils its political ends.4) The fact that there should be consensus of the chief minister over the appointee for smooth

functioning between the two is often overlooked. The CM’s preferences and reservationsare overlooked and Centre’s political calculations are often determinative.

5) The governor has not been given any security of tenure. This has reduced him to thestatus of a football being appointed, transferred or dismissed at the will of the govt of the day.

6) His power of making ordinance has been abused many times at the behest of the govt. Eg inBihar a series of ordinances were later quashed by the court which were fraudulently passedto evade the legislative process.The governor is the conscience keeper of the constitution and of the state where he serves.

It is vital that requisite independence and autonomy is granted to him for his neutral functioning.

Q7 The anti defection law has put the role of the speaker in a spotlight for all the wrongreasons. Highlight the inherent issues and suggest remedial measures.

Ans:The anti defection law and the discretion that the speaker exercises over it has put the

speaker in a very poor light many timers in the recent past.

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Troubling instances:1) The speaker of the Manipur legislative assembly did not disqualify 3 defectors who defected

from Congress to BJP and thus helped the ruling party to form the government.2) The Karnataka speaker who disqualified the defectors till the end of their term and also

decided that they would not contest any by polls in a clear case of overreach of his powers.Inherent issues:1) The position of the speaker is not completely politically neutral. He belongs to the ruling

party and hence cannot remain fully unbiased.2) Disqualification is a quasi judicial process. The speaker does not have judicial acumen and

is not well equipped to play an effective role in disqualification.3) The speaker taking on the role of the judiciary is also a dent on the separation of powers

enshrined in the constitution.4) There is no time limit defined within which the speaker must take the decision. This

causes miscarriage of justice and abuse of his power while giving the defector an outrightchance to continue as it is.

Solutions :1) The SC has said that disqualification petitions under 10th schedule should be abjudicated by

a mechanism outside the parliament of legislative assemblies.2) This decision can be made by the election commission. The election commission is a neutral

and outside body with no vested interests.3) A proper timeline should be mentioned in the Act itself telling the time in which a

disqualification related decision should be taken.4) An independent tribunal can be formed which is qualified to take this decision.

The Speaker is the guardian and the chief spokesperson of the house. In this capacity hemust not merely act as an agent of his party but also as the caretaker of the house.

Q8 US and India are world’s oldest and biggest democracies respectively. Explain how theyboth elect the head of the state.

Ans:Both U.S and India elect their heads of the state depending upon the form of govt they

operate under ie, Presidential and Parliamentary respectively.Indian election process1) There is no direct election for the Indian President. An electoral college elects him. The

electoral college responsible for President’s elections comprises elected members of:1. Lok Sabha and Rajya Sabha2. Legislative Assemblies of the states (Legislative Councils have no role)3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

2) The method used is Proportional Representation with means of a single transferable vote.3) The voting is done via a secret ballot.4) The nomination of a candidate for election to the office of the President must be subscribed

by at least 50 electors as proposers and 50 electors as seconders.5) Any dispute related to his election is taken up by SC. SC’s decision is final. After the election

of President is declared null and void, the acts done by the President in his office remainvalid even after his removal.

US presidential election processArticle Two of the United States Constitution originally established the method of presidential

elections, including the Electoral College.1) Generally, voters are required to vote on a ballot where they select the candidate of their

choice. But this is an indirect election. The voters do not directly elect the president. Instead,they elect representatives called “electors”, who usually pledge to vote for particularpresidential and vice presidential candidates.

2) The number of electors in each state is equal to the number of members of Congress towhich the state is entitled. Therefore, there are currently 538 electors, corresponding to

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the 435 Representatives and 100 Senators, plus the three additional electors from the Districtof Columbia.

3) After a single nominee is chosen from each political party, via primaries, caucuses, andnational conventions, General election campaigning begins. The nominated candidates travelthroughout the country, explaining their views and plans to the general public and try to winthe support of potential voters

4) In the US general elections, the voters indirectly cast vote for their preferred Presidentialcandidate through electors who are members of the Electoral College. these electors thendirectly elect the president and vice president. To win the election, a candidate needs tosecure more than 270 electoral votes.  If no candidate receives the minimum 270 electoralvotes, the United States House of Representatives will elect the president from the threecandidates who received the most electoral votes, and the United States Senate will selectthe vice president from the candidates who received the two highest totals.

5)  Each elector casts one electoral vote following the general election. There are a total of 538electoral votes. The candidate that gets more than half (270) wins the election. The numberof electors depend on the population of the state. While California is most populous and has55 electors, Montana has only 3 electors. Eventually, the president elect and vice presidentelect take oath in the month of January.Both U.S. and India elect their heads of state in a political system that is a larger response

to the needs and aspirations of these large democratic societies.

Q9 India has consistently supported “One China policy” but china is posing a threat toIndia’s territorial integrity . Does India need to examine its “One China Policy”?

Ans:India established diplomatic relations with China way back in 1950 by endorsing the One

China policy which is non negotiable for China. But China has routinely threatened oursovereignty and territorial integrity hovering doubts on our adherence of the one China policy.

The following instances of aggressive acts at the behest of China lay this doubt out:1) The Doklam standoff wherein China acted in a very aggressive manner.2) The recent multiple skirmishes at the LAC and Sikkim and Chinese belligerence.Rationale and why it is the right time:1) We need to learn from South Korea, which is a 50 Billion GDP nation that brought an 18

Trillion+ GDP nation - the USA, largely on its own terms. We should start seeking reciprocityfrom China based on the deliverance of recognising the One India Policy.”

2) China has chosen a very critical time of the pandemic to move forward it’s expansionistagenda. Despite many questions raised on it’s integrity in handling the Covid crisis it seemsto care little and is still on an aggressive streak. This is the best time to put China on thedock and take advantage of the favourable anti China rhetoric worldwide to rethink on thesolid adherence of the One China principle.

3) India needs to have a new One Tibet policy, a new Taiwan policy, a new Xinjiang policy, andeven a New Mongolia policy if it wishes to seek reciprocity from China.

4) Even the 1962 and 1967 episodes did not dilute our Chinese optimism. Not only did wecontinue to repose trust in the Chinese, but we also allowed them to swamp our marketswith their cheap goods, while our own products received an only limited entry in theirmarket. This led to a huge trade imbalance in their favour.

5) The many countries that China is associated with economically and otherwise have neverreceived a reciprocal treatment. From a tiny debt trapped Maldives to the mighty USA witha $90 billion deficit with China, everyone seems dissatisfied with the unequal terms.

6) The Hong Kong, Macao, Tibet, Taiwan etc are all reeling under the abhorrent Chinesepressure. This can be a launch pad via which India can choke the Chinese.

7) Not just that, we continued to engage with them politically as friends. We kept away fromissues that were sensitive to the Chinese leadership, did not join the international voiceswhich were critical of Beijing, and even aligned with them on a certain subject at global

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platforms. Both the Congress and BJP pampered the Chinese. The two recent track 2 eventsat Wuhan and Mammallapuram have not dampened Chinese belligerence.

8) There has been another new development. Various important countries such asthe US, Japan, and Australia have openly come out in India’s support, discarding theirearlier neutral positions whenever the India-China border face-offs happened.Beijing always flaunts its One-China policy. it considers Taiwan as its own territory, and it

has occupied Tibet as part of that policy. New Delhi has been traditionally indulgent on thiscount, despite the fact that China has never acknowledged the One-India policy, which meansthat Pakistan-occupied Kashmi (PoK), Gilgit and Baltistan and Aksai Chin are part of Indianterritory. The latter is occupied by the Chinese themselves, and Beijing’s Belt and Road Initiative(BRI) passes through PoK.

Q10 What do you understand by “green governance”? Discuss the govt’s efforts in this regard.Ans:

Green governance is a concept in political ecology and environmental policy thatadvocates sustainability (sustainable development) as the supreme consideration for managing allhuman activities—political, social and economic. Governance includes government, businessand civil society, and emphasizes whole system management. To capture this diverse range ofelements, environmental governance often employs alternative systems of governance, for examplewatershed-based management.India’s efforts in this:1) Forest conservation act 1980: Under the act it is mandatory for the govt to obtain permissions

for the dereservation of forest and using forest land for noon forest purposes.2) Environmental protection act 1986: Protecting and improvement of environment is the

main objective of this Act. The Act was framed after Bhopal Gas Tragedy in 1984. TheGovernment enacted this Act under Article 253 of the constitution. The act provides frameworkfor air, water and land pollution and empowers the govt for setting up national ambient andemission standards , procedures and regulations for environmental sanctity.

3) India’s INDC (Intended Nationally determined contributions): These were as follows:a) To reduce the emissions intensity of its GDP by 33 to 35 per cent by 2030 from 2005

level.b) To achieve about 40 per cent cumulative electric power installed capacity from non-

fossil fuel based energy resources by 2030, with the help of transfer of technology andlow cost international finance, including from Green Climate Fund.

c) To create an additional carbon sink of 2.5 to 3 billion tonnes of CO2 equivalent throughadditional forest and tree cover by 2030.

4) The Biomedical Waste (Management and Handling) Rules 1998: According to these rules,there is legal binding on the health care institutions for streamlining the process of properhandling of hospital waste such as segregation, packing, transportation, collection, andtreatment. These rules were modified in the year 2016. Recently, these rules provided auseful template for managing covid related biomedical waste.

WHY GREEN GOVERNANCE IS NEEDEED:1) The environment and natural resources have over the years borne the brunt of development

and growth. It is time that we now take steps for their protection and wise use.2) Profit has over the years been the driving force behind economic and social transactions. It

is time sustainability becomes the driving force.3) At the current rate of deforestation, 5-10% of tropical forest species will become extinct

every decade. Every hour, 1,692 acres of productive dry land becomes a desert.4) Ocean acidity has increased by 30% since the beginning of the Industrial Revolution. This

increase is 100 times faster than any change in acidity experienced by marine organismsfor at least the last 20 million years.

5) The pace of glacier loss has accelerated from -228 millimeters (9 inches) per year in the1980s, to -443 millimeters (17 inches) per year in the 1990s, to -676 millimeters (2.2 feet)

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per year in the 2000s, to -921 millimeters (3 feet) per year for 2010-2018.India has been described by the UNEP as one of the 5 countries of the world which is

consistently outperforming on green governance and environmental protection parameters.

Q11) Is the constitutional amendment power of the parliament under Article 368 absolute?Discuss the process of constitutional amendment and its limitations.

Ans :The concept of ‘basic structure’ came into existence in the landmark judgment in

Kesavananda Bharati vs State of Kerala case (1973) 47 years ago. This case highlighted the factthat the power of the Parliament under Article 368 is not absolute.MODES OF AMENDING THE CONSTITUTION# Amendment by Simple Majority

As the name suggests, an article can be amended in the same way by the Parliament as anordinary law is passed which requires simple majority. The amendment contemplated underArticles 5-11 (Citizenship), 169 (Abolition or creation of Legislative Councils in States) and 239-A (Creation of local Legislatures or Council of Ministers or both fir certain Union Territories) ofthe Indian Constitution can be made by simple majority. These Articles are specifically excludedfrom the purview of the procedure prescribed under Article 368.# Amendment by Special Majority

Articles which can be amended by special majority are laid down in Article 368. Allamendments, except those referred to above come within this category and must be affected by amajority of total membership of each House of Parliament as well as 2/3rd of the memberspresent and voting.# Amendment by Special Majority and Ratification by States

Amendment to certain Articles requires special majority as well as ratification by states.Provisions in Article 368 lays down the said rule. Ratification by states means that there has tobe a resolution to that effect by one-half of the state legislatures. These articles include Article54 (Election of President), 55 (Manner of election of President) etc.

The doctrine of basic structure constitutes the limitation on the power of the Parliament toamend the constitution. The court stated this doctrine in the famous Kesavananda Bharti case.As per the doctrine, the Parliament has absolute and full power to amend the constitution exceptfor the basic structure. Though there has never been presented an exhaustive list of this basicstructure, many court judgments have provided a template of what constitutes the Basic Structure.The following features have been regarded as the basic structure of the constitution:

1) Federalism2) Secularism3) Independence of judiciary4) Rule of Law5) Supremacy of the Constitution6) Sovereignty, unity and integrity of the countryThis means that the above features are an indispensable part of the constitution and hence

need to remain sacrosanct. They cannot be done away with even via a constitutional amendment.The Parliament is fully capable of amending or modifying the entire constitution including

many vital parts of it in 3 different ways. But in doing so, it needs to remain cautious that it doesnot dilute the spirit of the constitution.

Q12) How has our constitution despite having significant borrowings from the constitutionof other countries has been well adapted to the Indian ecosystem?

Ans :The constitution of India has been called as a bag of borrowings for the fact that many of its

provisions are borrowed from the other constitutions. Despite this exchange, it has been suitablymodified to suit the special Indian needs.

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1) The chapter on fundamental rights has been borrowed from the US constitution (Bill ofrights). But the many special provisions like 16(4) and 16(4A) with provisions for advancementof the backward class of citizens are suitable for our Indian ecosystem wherein caste basedbackwardness has been a huge problem.

2) India borrowed the concept of DPSP from the Irish constitution, but it kept them non justiciableto suit Indian needs as newly independent India did not have the requisite resources tohave them enforced.

3) The Federal polity of the country has many parallels abroad. But we kept a distinct unitarybias (stronger centre vis a vis states) to maintain the unity and integrity of the country.

4) The fundamental duties which are not present in the constitutions of many democraticcountries, were borrowed from the constitution of USSR. This was done to remind the peopleof their role in nation building process in a developing and recently independent countrylike India.

5) We borrowed our parliamentary system from the British polity. But we made the Parliamentsovereign but fallible. The British parliament on the other hand is sovereign and infallible.The power of the parliament can be curtailed by the judiciary in India if found to be exercisedwrongly. This can’t be done in Britain.

6) India borrowed the emergency provisions from the Weimar (German) constitution. Theywere adopted to deal with security, law and order and existential threats that a newlyindependent nation can be faced with. They gave India the liberty to transition from beingfederal to unitary to meet extraordinary circumstances.Lastly, the Indian constitution has been made a mix of rigid and flexible to permit

modifications. By this the constitution makers ensured that the constitution remains a livingdocument.

India as a nation had needs distinct from other nations. These sui generis needs needed anIndian response. The constitution makers were careful enough to modify the borrowed provisionsto suit our demography and society. These changes have over the years been futher modified tosuit the changing Indian reality.

Q 13) What are the challenges in coordinating the right to freedom of speech and expressionvia internet with the growing menace of fake news and anti national activities over it?Discuss.

Ans :The Kerala High court recently declared that Right to internet is a fundamental right. On

the other hand 2019 witnessed the highest ever internet shutdowns in the wake of the increasingof fake news spread via it.

In the past decade, the increasing popularity of the internet has made it appear as a doubleedged sword. It has been used for exercising other fundamental rights as well as well as for antinational, illegal and immoral purposes. These trends create a crisis of coordination between thetwo trends.Significance of internet is because:1) There are 410 million internet users in India. There are around 205 million face book

users alone. This makes it significant that internet as a media of communication shouldbe thrive.

2) The other fundamental right of freedom of assembly is also exercised by the internet thesedays. People are mobilized online and they are even trained and recruited online thesedays.

3) Internet also allows individuals to exercise their fundamental right of speech and expressionvia the internet.

4) During the recent cover crisis internet served as a medium to attain education from homeand also served as a facilitator for telemedicine.

Issues with the internet :1) Internet and the platforms it supports are the chief platforms over which fake news is peddled.

This fake news peddling had reached a climax during the recent Covid crisis. Many fake

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news items regarding the disease and it’s spread, documents in lieu to push people awayfrom adhering the lockdown, the case numbers, mistreatment of patients during covidtreatment (pushed many not to report the case) enhanced the vagaries of an alreadyoverstretched govt. All this bred fear in the minds people at a time when the world wasseeing unprecedented times.

2) As per the NATGRID report, the instances of online radicalisation and recruitment in terroristorganisations have risen by 66% in the last decade. The ISIS too recruited a few Indiansfrom Kerala and Kashmir via internet.

3) The rise of social media coming to replace mainstream media has added to the problem offake news. Unverified info by anonymous people can be posted anytime and anywhere withoutvetting. This info could be sensitive, immoral, illegitimate or damaging. Social media hastaken the menace of fake news to new heights.In the view of above, it is vital that the 2 contrasting trends are balanced favourably so that

benefits can be reaped and the risks can be minimized. Internet at the end of the day remains aneutral media that depends upon the person who wields it.

Q14) Recently, most of the bills in the Parliament were passed without scrutiny of theParliamentary standing committees. How does this impact the efficacy of legislativeprocess?

Ans :In the 17th Lok Sabha, all the bills have been passed without the scrutiny of the parliamentary

committees.The Parliamentary committees are formed to aid and assist the Parliament in handling

specialised work and to save its precious time. They are of two types:1) Standing committee: They are permanent in nature and are constituted each year.2) Ad hoc committee: They are constituted for specific purposes and remain active only for a

specified period of time.Benefits:1) The idea behind the committee system in Parliament is to provide a specialised forum for

deliberation on policy issues.2) This ensures that the deliberations are not constrained by the limited number of sitting

days as in the case of Parliament.3) Debates in committees are more technical and so, the deliberations require time and stretch

for a few months.4) They also fetch external expertise (outside of the MP’s).5) They make the budget passage more smooth by presenting reports on demands for grants.6) Parliament is large and dispersed. It is hard to debate bills speedily and effectively via it.

The committees help the Parliament in doing so.7) They help in seeking effective financial accountability, e.g. the public accounts committee.Implications of not referring bills to the committees:1) Effective financial accountability can’t be ensured.2) Many technical issues are rolled into the habit of being guillotined.3) Weakens the foundation of Parliamentary democracy.4) Reduces the scope of harnessing outside expertise. The Parliamentarians are generally not

technically qualified to deal with the complex legislative issues.5) They can render advice without political bias. This is not the case with the regular Parliament

with it’s political leanings.Parliamentary committees are vital parts of the Parliament that have a potential to enhance

the efficacy of the parliament and of the entire legislative course. It is vital that they are effectivelyput to use.

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Q15) CBI despite being the chief investigating agency of the centre, has found its hands tiedat many instances. What are the reasons for this? Suggest remedies?

Ans :The CBI is the chief investigating body of the central government. The SC lamented on it’s

helplessness calling it a “caged parrot”.Despite the prestige and the statutory framework (DSPE Act) that the CBI operates under, it

has found it’s hands tied at many instances. There are many fundamental problems related toCBI that are responsible for this state of affairs:Problems associated with CBI:1. The agency is dependent on the home ministry for staffing, since many of its investigators

come from the Indian Police Service.2. The agency depends on the law ministry for lawyers and also lacks functional autonomy

to some extent.3. The CBI, run by IPS officers on deputation, is also susceptible to the government’s ability

to manipulate the senior officers, because they are dependent on the Central governmentfor future postings.

4. Another great constraint on the CBI is its dependence on State governments for invokingits authority to investigate cases in a State, even when such investigation targets a Centralgovernment employee.

5. Since police is a State subject under the Constitution, and the CBI acts as per the procedureprescribed by the Code of Criminal Procedure (CrPC), which makes it a police agency, theCBI needs the consent of the State government in question before it can make its presencein that State. This is a cumbersome procedure and has led to some ridiculous situations.

6. CBI which handles cases which are of national importance has been criticised for itsmishandling of several scams due to political pressure. It has also been criticized forinterfering in the investigation of prominent politicians, such as P. V. Narasimha Rao,Jayalalithaa, Lalu Prasad Yadav, Mayawati and Mulayam Singh Yadav; this tactic leads totheir acquittal or non-prosecution. Some of the examples in which CBI was misused areBofors scandal, Hawala scandal, 2G spectrum scam, coal scam, etc.

How to empower CBI:1. It is high time high time that the CBI is vested with the required legal mandate and is given

pan-India jurisdiction. It must have inherent powers to investigate corruption cases againstofficers of All India Services irrespective of the assignments they are holding or the statethey are serving in.

2. The government must ensure financial autonomy for the outfit. 3. It is also possible to consider granting the CBI and other federal investigation agencies

the kind of autonomy that the Comptroller and Auditor General enjoys as he is onlyaccountable to Parliament.

4. A new CBI Act should be promulgated that ensures the autonomy of CBI while at the sametime improving the quality of supervision. The new Act must specify criminal culpability forgovernment interference.The CBI in a significant first, must be given more autonomy to exercise it’s functions without

any interference from the central executive for it to effectively carry out its mandate.

Q 16) The scheme PM KUSUM can transform farmers into solar energy producers. This cango a long way in meeting our 100GW target. Discuss.

Ans :India has a solar energy production target of 100GW by 2022. This target has been zealously

upscaled from a previous lesser target highlighting India’s strong commitment to combatingclimate change and promoting renewables.

The recently launched PMKUSUM scheme can go a long way in meeting India’s solar energyproduction target. The 3 different components of the scheme provide ample opportunity andflexibility to Indian farmers to harness and produce solar energy while carrying out theiragricultural operations.

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About the scheme:The Scheme consists of three components:

Component A:• Renewable power projects of capacity 500 kW to 2 MW will be setup by individual farmers/

group of farmers/ cooperatives/ panchayats/ Farmer Producer Organisations (FPO). In theabove specified entities are not able to arrange equity required for setting up the REPP, theycan opt for developing the REPP through developer(s) or even through local DISCOM, whichwill be considered as RPG in this case.

• DISCOMs will notify sub-station wise surplus capacity which can be fed from such RE powerplants to the Grid and shall invite applications from interested beneficiaries for setting upthe renewable energy plants.

• The renewable power generated will be purchased by DISCOMs at a feed-in-tariff (FiT)determined by respective State Electricity Regulatory Commission (SERC).

• DISCOM would be eligible to get PBI @ Rs. 0.40 per unit purchased or Rs. 6.6 lakh per MW ofcapacity installed, whichever is less, for a period of five years from the COD.

Component B:• Individual farmers will be supported to install standalone solar Agriculture pumps of capacity

up to 7.5 HP.• CFA of 30% of the benchmark cost or the tender cost, whichever is lower, of the stand-alone

solar Agriculture pump will be provided. The State Government will give a subsidy of 30%;and the remaining 40% will be provided by the farmer. Bank finance may be made availablefor farmer’s contribution, so that farmer has to initially pay only 10% of the cost and remainingup to 30% of the cost as loan.

• In North Eastern States, Sikkim, Jammu & Kashmir, Himachal Pradesh and Uttarakhand,Lakshadweep and A&N Islands, CFA of 50% of the benchmark cost or the tender cost,whichever is lower, of the stand-alone solar pump will be provided. The State Governmentwill give a subsidy of 30%; and the remaining 20% will be provided by the farmer. Bankfinance may be made available for farmer’s contribution, so that farmer has to initially payonly 10% of the cost and remaining up to 10% of the cost as loan.

Component C:• Individual farmers having grid connected agriculture pump will be supported to solarise

pumps. Solar PV capacity up to two times of pump capacity in kW is allowed under the scheme.• The farmer will be able to use the generated solar power to meet the irrigation needs and

the excess solar power will be sold to DISCOMs. CFA of 30% of the benchmark cost or thetender cost, whichever is lower, of the solar PV component will be provided. The StateGovernment will give a subsidy of 30%; and the remaining 40% will be provided by thefarmer. Bank finance may be made available for farmer’s contribution, so that farmer has toinitially pay only 10% of the cost and remaining up to 30% of the cost as loan.

• In North Eastern States, Sikkim, Jammu & Kashmir, Himachal Pradesh and Uttarakhand,Lakshadweep and A&N Islands, CFA of 50% of the benchmark cost or the tender cost,whichever is lower, of the solar PV component will be provided. The State Government willgive a subsidy of 30%; and the remaining 20% will be provided by the farmer. Bank financemay be made available for farmer’s contribution, so that farmer has to initially pay only 10%of the cost and remaining up to 10% of the cost as loan.

Benefits:1) The scheme will open a stable and continuous source of income to the rural land owners for

a period of 25 years by utilisation of their dry/uncultivable land.2) The scheme would ensure that sufficient local solar/ other renewable energy based power

is available for feeding rural load centres and agriculture pump-set loads, which requirepower mostly during the day time. As these power plants will be located closer to the agricultureloads or to electrical substations in a decentralized manner, it will result in reducedTransmission losses for STUs and Discoms. Moreover, the scheme will also help the Discomsto achieve the RPO target

3) The solar pumps will save the expenditure incurred on diesel for running diesel pump and

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provide the farmers a reliable source of irrigation through solar pump apart from preventingharmful pollution from running diesel pump.Hence the scheme promotes the production of solar energy to meet our 100GW target and

also thereby help India in achieving our INDC’s.

Q17 ) The PM SVANidhi scheme has the potential to provide great relief amidst the covidcrisis. Comment.

Ans. :The Pradhan Mantri Street Vendors Atmanirbhar Nidhi (PM SVANidhi) scheme was launched

by the Ministry of Housing and Urban Affairs. Earlier it was launched as a part of the economicstimulus 2 of the Atmanirbhar Bharat.Features:l Through the PM SVANidhi scheme, the central government would extend Rs 10,000 loan as

working capital to street vendors.l This amount will help the street vendors to restart their businesses which have been hit by

the Covid-19 pandemic.l The Small Industries Development Bank of India (SIDBI) is the scheme’s implementation

agency.l It will legitimise genuine street vendors who do not have a valid identity card.l It will provide them loans and other forms of digital payments and hence help in

mainstreaming them.Benefits:l The scheme plans to extend the microcredit to over 50 lakh street vendors across India.l The government wants to create comprehensive data of the vendors the data for

comprehensive poverty alleviation. Banks and municipal bodies are already collectingdata about street vendors who are beneficiaries of the project.

l  It will be incentivizing digital transactions by giving QR codes to the street vendors.l Minimize the impact of the covid crisis.l Wide range of beneficiaries: The scheme would benefit vendors, hawkers, thelewale and

people involved in goods and services related to textiles, apparel, artisan products, barbersshops, laundry services etc. in different areas.

l The loans would be collateral free and payable in monthly installments over a year.l It is for the first time that Microfinance Institutions, Non-Banking Financial Company, Self

Help Groups have been allowed in a scheme for the urban poor due to their ground levelpresence and proximity to the urban poor including the street vendors.

l This platform will integrate the web portal/ mobile app with UdyamiMitra portal of SIDBI forcredit management and PAiSA portal of MoHUA to administer interest subsidyautomatically. Hence, the scheme with many benefits in the offing, has the potential to give the requisite

buffer to the distressed and covid impacted street vendors.

Q 18) How has the constitution of India and France dealt with the issue of secularism? Discussin the light of the recent Charlie Hebdo case.

Ans :On September 2020, two people were injured in a stabbing outside the former headquarters

of the French satirical magazine Charlie Hebdo in Paris. The magazine’s headquarters hadpreviously been the target of an Islamic extremist attack in 2015.

India and France are both secular societies. But both of them follow different kinds ofsecularism. While France has completely separated religion from public life and made it a purelypersonal affair, India has believed in the fact that state interference in religious matter inpublic interest and larger good is acceptable. Hence the French society is the DHARMANIRPEKSHA type while ours is that of the SARVA DHARMA SAMBHAAVA type.

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The two responses have been different because of the kind of societies the two countriesare. While, France has embraced modernism and westernization at a very fast pace thus dilutingreligious ethos, India has still continued to be a traditional and religious society.

The Charlie Hebdo case reflects a paradox. Despite banishing religion from public life, thereligious ideals and aspirations are still alive in the French society. Hence, religious individualscan’t accept their religion being made a part of critical scrutiny or it being treated casually. Theextremely secular social sphere of France treats religion as any other aspect of social life andhence permits it’s critique and scrutiny. This creates an open culture of questioning, criticizingand mocking of religion, which has the potential of hurting religious sentiments and establishedmoorings. The fallout of it in the case of conservative and fundamental individuals is the incidentslike Charlie Hebdo.

The Indian Polity has dealt with a religious society like India in a more careful manner.There are provisions in the Crpc like that of section 295A, which prevent and penalize thehurting or outraging of religious sentiments. The constitution under article 25 gives freedom ofconscience to all. Article 30 of the constitution  secures religious and linguistic minorities theright to establish and administer educational institutions. The state interferes in religious mattersfor the welfare of all religious communities in the following way:

1) Declaration of religious holidays.2) Organizing Haj, Amarnath and Kartarpur pilgrimages etc.3) Religious schemes like Jiyo parsi are run.4) Interferes in minority religious institutes for greater administrative good.The above response of the Indian govt over the years has prevented major religious riots,

chaos or distrust from stemming in the multireligious and traditional society of India. Equalrespect to all religions has kept the social and religious fabric of India rather strong.

The Indian and French response to secularism has been different for the reason that thetwo societies are distinct in their levels of modernism and ethos. Both can learn from eachothers response in the era of rising fundamentalism and religious strife.

Q19) Paralysis of the dispute resolution body of WTO has put a question mark on theorganization’s existence as the leading trade body of the world. Comment.

Ans :Recently, US has blocked appointments to the WTO’s dispute resolution body totally paralysing

the dispute resolution mechanism.What is the WTO’s Appellate Body?l The Appellate Body of the WTO was set up in 1995 and is a standing committee of 7 members.l It presides over appeals against judgments passed in trade-related disputes brought by WTO

members.l Over 500 international disputes had been brought to the WTO and over 350 rulings had been

issued since 1995.l With this, WTO’s dispute settlement mechanism is one of the most active in the world.Issues with the dispute resolution body:1) Over the last few years, the membership of the body has shrivelled to just three persons

instead of the required seven.2) This is because the United States, which believes the WTO is biased against it, has been

blocking appointments of new members and reappointments of some members who havecompleted their four-year tenure.

3) Two members have completed their tenures on December 2019, leaving the body with justone member.

What are the implications?l The understaffed appeals body has been unable to stick to its 2-3 month deadline for appeals

filed in the last few years.l The backlog of cases has prevented it from initiating proceedings in appeals that have been

filed in the last year.l The three members have been proceeding on all appeals filed since October, 2018.

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l Unless the issue is resolved, the trade body could become defunct.l Consequently, countries locked in international trade disputes will be left with no forum for

recourse.l The US is directly involved in more disputes than other WTO member countries.l But several countries, including India, enter disputes as third parties.  India has so far

been a direct participant in 54 disputes, and has been involved in 158 as a third party. Thisdoes not bode well for India which is facing a rising number of dispute cases, especially onagricultural products.

What is the way forward?l New appointments to the Appellate Body are usually made by a consensus of WTO members.l But there is also a provision for voting where a consensus is not possible.l The group of 17 least developed and developing countries have committed to working together

to end the current impasse.l This group, which includes India, can submit or support a proposal to the above effect, helping

to get new members on the Appellate Body by a majority vote.The dispute settlement body has favoured India and many other developing countries in the

past. With it’s breakdown this mechanism and the faith in multilateral institutions is at risk.The body must be made fully functional again.

Q20) How do the recent US-Taliban talks impact Afghanistan and India?Ans :

The US and Taliban recently held fresh rounds of talks wherein a breakthrough frameworkwhich will act as a future guideline was enacted.Framework:l Taliban has made a commitment to not allow terrorists to use Afghan territory to mount

attacks on the US and its allies.l The US has made an agreement to pull out troops. The US will draw down to 8,600 troops in

135 days and the NATO or coalition troop numbers will also be brought down, proportionatelyand simultaneously. And all troops will be out within 14 months.

l  UN sanctions on Taliban leaders to be removed by three months and US sanctions by August27. The sanctions will be out before much progress is expected in the intra-Afghan dialogue.

l  The US-Taliban pact says up to 5,000 imprisoned Taliban and up to 1,000 prisoners from“the other side” held by Taliban “will be released” 

l But this is only if the Taliban agrees to talk with the Afghan government, and to a permanentceasefire.

l With the announcement of a near agreement, the US has outrun Moscow, which had begunits own process.

Impact on Afghanistan:1) The fundamental issue with the U.S.’s Taliban engagement is that it deliberately excluded

the Afghan government because the Taliban do not see the government as legitimate rulers.2) Also, there is no reference to the Constitution, rule of law, democracy and elections in the

deal.3) Taliban is known for strict religious laws, banishing women from public life, shutting down

schools and unleashing systemic discrimination on religious and ethnic minorities, hasnot made any promises on whether it would respect civil liberties or accept the AfghanConstitution.

4) President Ashraf Ghani faces a political crisis following claims of fraud in his recent re-election.

Impact on India:1) India has a major stake in the continuation of the current Afghanistan government in

power, which it considers a strategic asset vis-à-vis Pakistan.2) An increased political and military role for the Taliban and the expansion of its territorial

control should be of great concern to India since the Taliban is widely believed to be a protégé

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of Islamabad.3) Withdrawal of US troops could result in the breeding of the fertile ground for various anti-

India terrorist outfits like Lashkar-e-Taiba or Jaish-e-Mohammed.4) China may use Pakistan’s influence and push it’s Belt and Road project(which India does

not support) extensively in Afghanistan.5) The Taliban perceived India as a hostile country, as India had supported the anti-Taliban

force after the 9/11 attacks.6) A bitter history: IC-814 hijack in 1999 (India’s passenger plane was hijacked and taken to

Kandahar in Afghanistan- under the control of Taliban) made India to release terrorists —including Maulana Masood Azhar who founded Jaish-e-Mohammed that went on to carry outterror attacks on Parliament (2001), in Pathankot (2016) and in Pulwama (2019).India has longstanding cultural, people to people and historical relations with Afghanistan

besides having invested significantly in the region. Hence, India must ensure that Afghanistanremains stable, peaceful and politically robust.