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Indian Constitution- historical underpinnings, evolution, features, amendments,

significant provisions and basic structure.
Given the regional variations in demographic trends and economic opportunities, India
has a high rate of migration, Migrants often see their political and economic rights
compromised at their place of origin and residence. Do you think remote voting for
migrants is a good move to ensure higher voter turnout and to grant political rights to
migrants? (250 words)
Difficulty level: Tough
Reference: The Hindu , The Hindu
Why the question:
The Election Commission of India (ECI) said on December 28 that it was ready to pilot remote voting
for domestic migrants through newly devised remote electronic voting machines (RVMs) so that the
voter does not have to travel to their home State or district to cast their vote.
Key Demand of the question:
To write about the pros and cons of granting remote voting rights to domestic migrants.
Structure of the answer:
Introduction:
Begin by giving context about the recent proposal of ECI.
Body:
First, write about the mode in which domestic migrants will be allowed vote remotely without
travelling to their home district.
Next, write about the pros and cons on the above proposal by ECI. Cite examples to substantiate.
Conclusion:
Conclude by writing a way forward.
Introduction

The Election Commission of India said that it has developed a prototype for a Multi-Constituency
Remote Electronic Voting Machine (EVM) which would enable remote voting by migrant voters.
Body

Background
 Remote Electronic Voting Machines (RVM) can handle multiple constituencies from a single
remote polling booth.

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o The idea is to implement voter portability as a pilot project in the upcoming

Assembly elections in nine states in 2023.

o This means that if the pilot is successful then in the 2024 general elections voter
portability can be fully implemented.

 Ensuring participative elections: The inability to vote due to internal migration is one of the
prominent reasons to be addressed to improve voter turnout and ensure participative
elections.

 Migration-based disenfranchisement: There were multifarious reasons for a voter not

opting to register in a new place of residence, thus missing out on exercising the right to
vote.

 Increasing voter turnout: The voter turnout in General Elections 2019 was 67.4% and the ECI
is concerned about the issue of over 30 crore electors not exercising their franchise and also
differential voter turnout in various States/UT.

 Panacea to migration-led deprivation: Out-migration due to the need to work, marriage,

and education, is predominant among the rural population in overall domestic migration.

 Increasing voter turnout: Approximately 85% of the internal migration is within the States.

 Multiple booth targeting: This modified form of EVM can handle up to 72 multiple
constituencies from a single remote polling booth.

Need for remote voting

 Due to Unfavorable Conditions: Voters migrate from the place of their registration to cities
and other places for education, employment and other purposes. It becomes difficult for
them to return to their registered polling stations to cast their vote.

o It was also noted that in villages like Dumak and Kalgoth in Uttarakhand, about 20-
25% of registered voters are unable to cast their vote in their constituencies as they
are required to move out of their village/state broadly on account of their jobs or
educational pursuits.

 Decrease in Voting Turnout: During the 2019 General elections, nearly 300 million citizens
out of a total of 910 million electors didn’t cast their votes.

o Precisely it is about 30 crore voters who hadn’t voted for various and obvious
reasons.

 Concerns Regarding Metropolitan Areas: The ECI also noted the concern about low voter
turnout in some of the metropolitan/city areas despite the fact that polling stations are set
up within 2 km for any voter in urban areas. The need to address voting apathy in urban
areas was felt.

 Increasing Registrations of Unorganised Workers: There are nearly 10 million migrant

workers, which is for the unorganised sector, registered with the government’s e-SHRAM
portal. If the remote voting project is implemented, it will have far reaching ramifications.

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 Health Concerns: The health concerns of mainly the senior citizens also need to be discussed
as they’re also becoming the main deliberation. In this context, the remote voting facility
will result in increasing the voting percentage in urban areas as well as in rural areas

Challenges and technical issues

 Amendment to legacy laws: Among the laws and rules which would need an amendment to
implement remote voting is The Representation of People’s Act of 1950 and 1951, The
Conduct of Election Rules, 1961 and The Registration of Electors Rules, 1960.

 Vagueness over Migration: The definition of migrant voter would also need to be reworked
with respect to retaining registration at the original place in the context of the legal
construct of “ordinary residence” and “temporary absence”.

 Territorial constituency concept: The territorial constituency concept of remote voting and
defining remoteness itself that is an outside constituency, outside the district or outside
state will need to be dealt with.

 Administrative challenges: These include enumerating remote voters-self declaration,

ensuring secrecy of voting at remote locations, provision of polling agents at remote voting
booths, and ensuring identification of voters to avoid impersonation.

 Acceptance issues: Acceptance of EVMs has been a contested issues. This has somehow
eased after the introduction of the voters-verifiable paper-audit trial (VVPAT).

 Security: Any new technology systems, including those based on blockchain technologies
and others, are vulnerable to cyber-attacks and other security vulnerabilities.

o Technology-based voting systems may also entail privacy risks and concerns.

 Veracity and Verification: Furthermore, a voter verification system that uses biometric
software, such as facial recognition, could lead to false positives or negatives in voter
identification, thus facilitating a fraud or disenfranchising citizens.

 Internet Connection & Malware Security: There is a dependency on voters having a reliable
internet connection. Internet penetration and availability and use of e-government services
in some countries are limited.

o Software errors or malware on voters’ devices may also affect vote casting.
 Privacy/Secrecy: Elections always require a high level of security in order to protect voter
privacy and the integrity of final results. Meeting the security needs of elections means
online voting technology must overcome barriers that can invade the voter’s privacy.

 Preferred Environment: It is also possible that voting takes place in an uncontrolled

environment. It is difficult to ensure that the person votes freely and without coercion.

o There is the risk that another person votes on behalf of the voter so, it is difficult to
identify the voter.

Way forward

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 Maintaining Election Integrity: An online voting system must also be able to provide
verification that it has successfully maintained election integrity and that no manipulation
had occurred during the voting or tallying processes.

 Acceptability of the Stakeholders: It is important that any system of remote voting has to
take into account the confidence and acceptability of all the stakeholders of the electoral
system – voters, political parties and election machinery, the officials are learnt to have
informed the committee while political consensus is the way forward to introduce remote
voting.

 Trust & Transparency: Even with all of the proper legal frameworks in place, using an online
voting system would be pointless if the government or general public were not confident in
its security, integrity, and accuracy.

o For this reason, a number of transparency measures have to be developed to help

ensure the transparency of online voting technology, building trust in the final
results.

 Other Proposed Reforms: The standing committee is deliberating on key electoral reforms
which have been proposed, including linking of Aadhaar with voter ID. The committee has
also decided to take up three other proposed electoral reforms, which include remote
voting, action against elected representatives filing false affidavits, and a common electoral
roll for conducting all elections from village panchayat to Parliament.

Conclusion

The initiative, if implemented, can lead to a social transformation for the migrants and connect with
their roots as many times they are reluctant to get themselves enrolled at their place of work.
Frequently changing residences, not enough social and emotional connect with the issues of an area
of migration will no longer remain obstacles.

The basic structure doctrine prevents the abuse of power by the executive and
legislature, preventing it from becoming a majoritarian regime. Examine. (250 words)
Difficulty level: Moderate
Reference: Indian Express , Insights on India
Why the question:
Vice President Jagdeep Dhankhar Wednesday sparked a debate on the separation of powers between
the executive and the judiciary. He criticised the Supreme Court once again, for using the doctrine of
basic structure to strike down the constitutional amendment that introduced the National Judicial
Appointments Commission Act.
Key Demand of the question:
To write about the importance of doctrine of basic structure and its criticism.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect
it, investigate it and establish the key facts and issues related to the topic in question. While doing so
we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
To write about the importance of doctrine of basic structure.

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Body:
First, write about the various features of doctrine of basic structure – rule of law, parliamentary form
of government, secularism etc.
Next, write about how the above is important in upholding the supremacy of the Constitution and
preventing authoritarian rule by a single party.
Next, write a critique of the basic structure doctrine.
Conclusion:
Conclude by writing a balanced opinion.
Introduction

The Doctrine of Basic structure, one of the most important examples of judicial activism is the result
of the creative interpretation of the constitution by the judiciary. It was given by the 13-judges
bench of the Supreme Court in the Keshavananda Bharti case (1973), and was aimed at defining the
scope of the amending power of the Parliament. It is a doctrine to examine the constitutional
validity of constitutional amendment.

Body

Interpretation and relevance of Basic Structure Doctrine

 The emergence of doctrine of ‘Basic structure’ marked asignificant shift in the role of
judiciary from practice of constitutional interpretation to a creative role where judiciary go
beyond the written provisions of the constitution.

 As per the Indian constitution, Parliament has been given the constituent power to amend
the constitution according to the changing needs & aspirations.

o Being a dynamic or organic constitution, aimed at achieving a certain goal of social

revolution the Indian constitution mentions special procedure for its amendment.

o It means that there is no explicit limitation on the amending power of the

Parliament; expect procedural limitations as given in Art 360.
 However, in the Keshvananda Bharti Case (1973), on the question whether the amending
power of the Parliament isunlimited and absolute,the Supreme Court held that the
amending power is limited to the extent that it doesn’t alter the ‘Basic Structure’ of the
constitution.

 The court held that the word ‘amend’ under Art 368 means only changes other than altering
the basic features of the constitution,which would amount to making or writing a new
constitution.

 In this way, the Supreme Court, whilegiving primacy to the unwritten feature of the
constitution introduced a ‘substantive limitation’ on the amending power of the
Parliament.

 However, the judgment of the Supreme Court inventing a new doctrine of the ‘basic
structure’ has been subjected to intense academic debate.

o The opponents of the judgement claimsthat the judiciary has gone for the
metaphysical approach rather than the legal approach of what is written.

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o They argue that if the government was destroying the constitution, the judiciary has
gone to the extent of creating the constitution.

 On the other hand, the proponents of the decision argue that judiciary has protected the
sanctity of the constitution.

Significance of Basic Structure Doctrine

 The basic structure doctrine is a testimony to the theory of Constitutionalismto prevent the
damage to essence of COI by brute majority of the ruling majority.

 The basic doctrine saved the Indian democracyas it acts as a limitation of constituent power
or else unlimited power of parliament might have turned India into a totalitarian

 It helps us to retain the basic tenets of our constitutionso meticulously framed by the
founding fathers of our Constitution.

 It strengthens our democracy by delineating a true separation of power where Judiciary is

independent of other two organs. It has also given immense untold unbridled power to
Supreme Court and made it the most powerful court in the world

 By restraining the amending powers of legislative organ of State,it provided basic Rights to
Citizens which no organ of State can overrule.

 Being dynamic in nature,it is more progressive and open to changes in time unlike the rigid
nature of earlier judgements.

Conclusion

Zia Modi, in her book ‘The Ten Judgments that changed India’, has given following
arguments- Although the judiciary was wrong from the academic point of view, but from the
practical point of view, it was the need of the time in the Indian context. (ii) It has proved to be a
blessing in disguise as it has checked authoritarianism of the government. This has stopped India
from going on the path of the other Third World countries.

Value addition

Evolution

 Origin of debate: The question whetherFundamental Rights can be amended by the

Parliament under Article 368 came for consideration of the Supreme Court within a year of
the Constitution coming into force.

 Shankari Prasad case (1951): The constitutional validity of theFirst Amendment Act
(1951), which curtailed the right to property, was challenged. The Supreme Court ruled that
the power of the Parliament to amend the Constitution under Article 368 also includes the
power to amend Fundamental Rights. The word ‘law’ in Article 13 includes only ordinary
laws and not the constitutional amendment acts (constituent laws).

o Therefore, the Parliament can abridge or take away any of the Fundamental Rights
by enacting a constitutional amendment act and such a law will not be void under
Article 13.

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 Golak Nath case (1967): The Supreme Court reversed its earlier stand. In that case, the
constitutional validity of theSeventeenth Amendment Act (1964), which inserted certain
state acts in the Ninth Schedule, was challenged.

o The Supreme Court ruled that the Fundamental Rights are given a ‘transcendental
and immutable’ position and hence, the Parliament cannot abridge or take away any
of these rights.

o A constitutional amendment act is also a law within the meaning of Article 13 and
hence, would be void for violating any of the Fundamental Rights.

 24thAmendment Act 1971: The Parliament reacted to the Supreme Court’s judgement in the
Golak Nath case (1967) by enacting the 24 th Amendment Act (1971). This Act amended
Articles 13 and 368.

o It declared that the Parliament has the power to abridge or take away any of
theFundamental Rights under Article 368 and such an act will not be a law under
the meaning of Article 13.
 Kesavananda Bharati case: However, in the Kesavananda Bharati case (1973), the
SupremeCourt overruled its judgement in the Golak Nath case (1967). It upheld the validity
of the 24th Amendment Act (1971) and stated that Parliament is empowered to abridge or
take away any of the Fundamental Rights.

o At the same time, it laid down a new doctrine of the ‘basic structure’ (or ‘basic
features’) of the Constitution.

o It ruled that the constituent power ofParliament under Article 368 does not enable
it to alter the ‘basic structure’ of the Constitution.
o This means that the Parliamentcannot abridge or take away a Fundamental
Right that forms a part of the ‘basic structure’ of the Constitution.

Basic to democracy is the devolution of power, and with it, welfare from the elite
echelons to the ground level. Elaborate on the major features of Indian democracy.
(250 words)
Difficulty level: Easy
Reference: The Hindu
Why the question:
The democracy that is functional around the world today — even as it has a long history of evolution
— was essentially a 19th century to 20th century western creation. Every civilisation, of course,
claims to have had some form of democratic origin
Key Demand of the question:
To write about democracy and its major features in India.
Directive word:
Elaborate – Give a detailed account as to how and why it occurred, or what is the context. You must
be defining key terms wherever appropriate and substantiate with relevant associated facts.
Introduction:
Begin by defining democracy.
Body:
First, write about as hot how devolution of power and overall welfare of the society are a crucial part
of Indian democracy.
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Next, write about the major features of Indian democracy – Popular sovereignty, Federalism, Multi-
party system, Political equality, independent judiciary and constitutional supremacy etc. Substantiate
with examples.
Conclusion:
Conclude by summarising.
Introduction

Democracy is the rule with the consent of the majority —government ‘of the people, for the people,
by the people’. It recognizes the paramountcy of the people’s will. Vox pupuli, vox dei: ‘the voice of
the people is the voice of God’.

India, the largest democracy in the world, has its democratic system struck roots firmly in Indian soil.

Body

Devolution of powers

 The distribution of powers in Indian Constitution facilitates local governance by the states
and national policies by the Centre.

 the constitution contains features which are of high importance for a federal arrangement,
at the same time it contains provisions which fight for a strong Centre, thus making it quasi-
federal in nature.

 The main forms of administrative units in India are the Centre and the States. But there are
other forms, too, all set up to address specific local, historical and geographical contexts.
Besides the Centre and the States, the country has Union Territories with a legislature, and
Union Territories without a legislature.
 Residuary powers vested with the Center, it is an indestructible Union with destructible
States constituting it, Emergency provisions give the Union overriding powers over the
States to tackle any adverse exigency, power to initiate a constitutional amendment lies with
the Union, President’s Rule, Governor’s office, etc.
 Article 371 of the Constitution makes some special provisions for States or regions of States
that are socio-economically backward, have internal security challenges, difficult
geographical conditions, predominance of tribal populations with distinct identity and
cultures, etc.

 Specific socio-economic and political circumstances warrant the ‘asymmetrical’ federal

structure of Indian polity. It is important to fulfill the aspiration of social and economic
democracy and to promote egalitarian development throughout the country. It also serves
to keep regional resentments under check which if neglected can lead to separatist
tendencies as manifested in the demands for statehood.

Major features of Indian Democracy

 Popular Sovereignty

o Democracy is based on sovereignty. People can exercise their power in democracy.

They elect their representatives. The government remains responsible to the
common mass for its every omission and commission.

 Political Equality
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o Democracy is based on political equality. It means all citizens irrespective of caste,

creed, religion, race or sex are considered to be equal before law and enjoy equal
political rights. Political equality gives the right to vote to every citizen.

 Majority Rules

o In a democratic set-up actual government is carried out with the help of the party
which obtains the majority of votes. Support of majority is accepted by all.

 Federal

o It is another feature of Indian democracy. The Article 1 of Indian Constitution

describes India as a union of states. According to our Constitution, the states are
autonomous. They have full freedom in certain matters, and in some other matters
they are dependent on centre.

 Collective Responsibility

o In the Indian democracy, the Council of Ministers both in states and centre are
collectively responsible to their respective legislatives. No minister is alone
responsible for any act of the government. The entire council of ministers are
responsible for all the activities.

 Formation of Opinion

o Democratic government must provide institutions through which public opinion on

various matters can be formed. Legislature provides the most important platform to
estimate and express the public opinion

 Respect for Opinion of Minority

o In a democratic set up majority rules but opinions of minorities are also given
respect. They are encouraged to give their opinion. Democracy being a government
by free discussion and criticism encourages both the positive and negative aspects of
any proposal. The majority must tolerate the opinion of the minority otherwise
democracy will degenerate into authoritarianism.

 Provision for Rights

o Democracy provides the individual dignity by giving various rights to the individual.
For example, the right to freedom of speech and expression, right to form
association or union, educational and cultural rights.

 Rule of Laws

o In democracy there is rule of law. It means supremacy of law over all. Under any
circumstance law cannot be compromised.

 Rule by Consent

o Democracy is based on consent in general but not on force or coercion. By collecting

consent from majority through dialogue, debate and discussion the problems can be
solved.

 Implies open Society

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o Democracy implies free and open society. Every activity of the government is based
on the public opinion. Different associations, unions, organisations are formed to
discuss the problems openly and to find out solution for the problems.

 Government by Compromise

o Democracy is a government by adjustment and compromise. Different opinions are

to be considered within the ruling party and outside of the party. There is plurality of
ideas to which the government has to take into consideration.

 Welfare Government

o Most of the democratic countries have welfare government. Democracy is a

powerful weapon through which all round welfare is possible. As a welfare
government it retains individual’s freedom, liberty, dignity etc.

 Independent Judiciary

o Democracy is characterised by independent judiciary. The judiciary does not depend

on executive or legislature. No government organ can influence judiciary.

Conclusion

For a successful working of democracy, citizens’ participation is a must. The corrective measures to
meet the challenges can be actualized only when citizens play a proactive role. The citizens must
respect the law and reject violence. Every citizen must respect the rights of his or her fellow citizens,
and their dignity as human beings.

Structure, organization and functioning of the Executive and the Judiciary—

Ministries and Departments of the Government; pressure groups and
formal/informal associations and their role in the Polity.
While the constitutional reasoning that resulted in the institution of Governor may still
hold good today, the metamorphosis in Indian politics calls for transformed
gubernatorial functioning. Critically analyse. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
The Governors are once again becoming public spectacles in many States, as seen in Punjab,
Maharashtra, Kerala, Tamil Nadu, Telangana, West Bengal, Jharkhand, Delhi, and in a few others
earlier.
Key Demand of the question:
To critically write about the issues with respect to office of the governor and possible solutions to it.
Directive word:
Critically analyse – When asked to analyse, you must examine methodically the structure or nature
of the topic by separating it into component parts and present them in a summary. When ‘critically’
is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a
balanced judgment on the topic.
Structure of the answer:
Introduction:
Give brief introduction of the role of Governor in the Indian Polity.
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Body:
First, write about the significance of the post of Governor as enshrined in the Indian constitution.
Next, discuss the issues related to abuse of post of Governor in federal polity failing to the functions
impartially and efficiently and why the tag of ‘agent of centre’ is being associated with the office of
governor. Substantiate with examples.
Next, Explain the misuse of Article 356, Power of Reserving bill, Partisan role in Hung assemblies etc.
with examples of recent times.
Conclusion:
Conclude by writing a way forward.
Introduction

Article 154 of the Constitution envisages Governor as the executive chief of the state. All executive
actions are taken in his name. B R Ambedkar called the office of the Governor as the “office of
dignity”. He is not an agent of the Centre, but the governor’s post in an independent Constitutional
office. His office is the linchpin of Indian Cooperative Federalism.

The Governors are once again becoming public spectacles in many States, as seen in Punjab,
Maharashtra, Kerala, Tamil Nadu, Telangana, West Bengal, Jharkhand, Delhi, and in a few others
earlier.
Body

Need for relook into Governor’s post

 Gubernatorial powers: Misusing the powers of Governor : the disagreements spill out in the
open, to the media, reinforcing a political divide. Recently, the Governor of Tamil Nadu, R.N.
Ravi, seems to have opened another front, i.e., defining the idea of Indian nationalism and
imparting lessons to Tamil people..
 Locking horns with Government:: Tamil Nadu Governor RN Ravi omitted some sections
from a speech he made in the state Assembly on Monday, 9 January. Ravi cut short the
speech, the text of which the state government, as per convention, had given him, to
exclude some key points. This led to TN Chief Minister MK Stalin moving a resolution against
Ravi in the Assembly and the Governor leaving the venue amid protests.

 Governor’s appointment: Article 155says that governor should be appointed (not elected)
from amongst persons of high status with eminence in public. The elected government at
the state is not even consulted while making appointment of the Governors. Further
successive governments have reduced this important constitutional office to a sinecure and
resting place for loyal and retired / about to retired / about to retire politicians apart from
docile bureaucrats.

 Appointment and dismissal of the Chief Minister: Governor appoints Chief Minister, other
ministers, Advocate General, Chairmen and members of the State Public Service Commission
in the state. After elections in the state, there is a convention to invite the largest party to
form government in the state. This convention has been flouted many times at the whim of
the governor. E.g.: The recent episode Maharashtra where Governor inducted a new
government at 5:00 am without ascertaining the requisite numbers for the government.
 Reservation of Bills for Consideration of President: As per Article 200of the Constitution,
the governor can reserve certain types of bills passed by the State Legislature for the
President’s consideration. Centre, through the governor in case of different parties ruling,
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used this provision to serve partisan interests. In Tamil Nadu, Governor R.N. Ravi has not
acted upon the T.N. Admission to Undergraduate Medical Degree Courses Bill, adopted by
the Assembly in September 2021. the indefinite delay in taking a decision amounts to
undermining the legislature, and is unjustifiable.

 Misuse of Article 356: Article 356is the most controversial article of the Constitution. It
provides for State emergency or President’s rule in State if the President, on receipt of
report from the Governor of a State. But since the SR Bommai case, this has been sparsely
used.

 Removal of the Governor:Article 156says that the governor will hold office during the
pleasure of the President for five years. The governor has no security of tenure and no fixed
term of office. This prevents to uphold neutrality of the governor, fearing retribution. E.g.:
The mass changing of the governors of state whenever a new government comes to power
at Centre..

Recommendations made regarding the Governor Posts

Sarkaria Commission Report Recommendations

 “The Governors tenure of office of five years in a State should not be disturbed except very
rarely and that too for some extremely compelling reason. It is very necessary to assure a
measure of security of tenure to the Governor’s office.”

 Governor should be an eminent person and not belong to the state where he is to be
posted.

 State chief minister should have a say in the appointment of governor

 Governor should be a detached figure without intense political links or should not have
taken part in politics in recent past.

 Governor should not be a member of the ruling party.

 Governor should be removed before his tenure only on the grounds as if aspersions are cast
on his morality, dignity, constitutional propriety, etc.

The National Commission to Review the Working of the Constitution recommendations:

 Governor’s appointment should be entrusted to a committee comprising the prime minister,

the home minister, the speaker of the Lok Sabha and the chief minister of the concerned
state.

 If they have to be removed before completion of their term, the central government should
do so only after consultation with the Chief Minister.

The Punchhi commission recommendations

 The person who is slated to be a Governor should not have participated in active politics at
even local level for at least a couple of years before his appointment.

 For office of Governor, the doctrine of pleasure should endand should be deleted from the
constitution. Governor should not be removed at whim of central government. Instead, a
resolution by state legislature should be there to remove Governor.

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 There should be provisions for impeachment of the Governor by the state legislature along
the same lines as that of President by President.

 The convention of making the Governors as chancellors of universities should be done away
with.

 The commission recommended for “localising emergency provisions” under Articles 355 and
356, contending that localised areas— either a district or parts of a district — be brought
under Governor’s rule instead of the whole state.

The Supreme Court’s interpretation

 In 2010, a constitutional bench of the Supreme Court interpreted these provisions and laid
down some binding principles (B.P. Singhal v. Union of India), the Supreme Court held:

 President, in effect the central government, has the power to remove a Governor at any
time without giving him or her any reason, and without granting an opportunity to be heard.

 However, this power cannot be exercised in an arbitrary, capricious or unreasonable

manner. The power of removing Governors should only be exercised in rare and exceptional
circumstances for valid and compelling reasons.
 The mere reason that a Governor is at variance with the policies and ideologies of the
central government, or that the central government has lost confidence in him or her, is not
sufficient to remove a Governor. Thus, a change in central government cannot be a ground
for removal of Governors, or to appoint more favourable persons to this post.

 Such a decision, to remove a Governor can be challenged in a court of law.

Conclusion
Despite several commissions appointed by Government themselves and the Supreme Court
guidelines, the post of governor is misused again and again.
It is, however, time for a thorough review of the Governor’s powers and the process of appointment
and removal.

 New rules and conventions may need to be put in place so that Governor’s constitutional
mandate is strengthened.

 All part conference to review the role of the Governors, the powers exercised by him and
the manner in which he should be appointed and removed.

 The Constitution should be amended and security of tenure must be provided to the
Governors. The judgment of the Supreme Court delivered in B. P. Singhal case is the law of
the land and the Government should respect it.

 The Governors should be treated with dignity, and should not be fired only for political
considerations.

 The Constitution of the land prohibits the arbitrary exercise of power and the Government is
not an exception to the equality law.

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Statutory, regulatory and various quasi-judicial bodies.

With the establishment of the National Green Tribunal (NGT), India became the third
country in the world to set up a specialised environmental tribunal. However, its
performance has not been up to the mark to uphold its mandate. Critically analyse.
(250 words)
Difficulty level: Moderate
Reference: Indian Exoress , Insights on India
Why the question:
The National Green Tribunal (NGT) has set a four-month deadline for remedial actions and recovering
damages from the Kulda coal mine run by Mahanadi Coalfields Limited (MCL) in Odisha and the
Tamnar thermal plant operated by Jindal Power Limited (JPL) in Chhattisgarh for transporting coal
through villages in violation of environmental clearance (EC) conditions.
Key Demand of the question:
To write about the limitations of NGT in upholding its mandate and measures needed to make NGT
more effective.
Directive word:
Critically analyse – When asked to analyse, you must examine methodically the structure or nature of
the topic by separating it into component parts and present them in a summary. When ‘critically’ is
suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a
balanced judgment on the topic.
Structure of the answer:
Introduction:
Begin by giving a brief introduction on context for introduction of NGT and its mandate
Body:
First, mention some of the landmark environmental reforms brought in through NGT.
Next, list out its shortcomings such as appeals against NGT rulings in High Court and Supreme Court
leading to long delays through litigation, lack of overall environmental expertise of the members of
tribunal.
Next, bring out the positive aspects such as the power of NGT to Suo-motu take up causes in order to
protect the environmental sanctity in the country. Mention the drawbacks of the same.
Conclusion:
Conclude with a way forward to leverage functional capacity of the NGT and do full justice in its
environmental mandate.
Introduction

The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act.
It is a specialized environmental court that deals with cases relating to environmental protection and
the conservation of forests. It has judicial powers that allow it to exclusively decide civil
environmental matters. The tribunal is guided by principles of natural justice and is not bound by the
mainstream code of civil procedure. The Supreme Court has declared the National Green Tribunal’s
(NGT) position as a “unique” forum endowed with suo motu powers to take up environmental issues
across the country.

Body

Performance of NGT

 The NGT has been recognized as one of the most progressive Tribunals in the world.

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 This jurisprudential leap has allowed our country to enter a rather exclusive group of nations
which have set up such institutions with broad powers.

 In the Almitra H Patel Vs Union of India case, it directed states to implement Solid Waste
Management Rules and prohibited open burning of waste on lands.

 Many Projects which were approved in violation of the law such as an Aranmula Airport,
Kerala; Lower Demwe Hydro Power Project and Nyamnjangu in Arunachal Pradesh; mining
projects in in Goa; and coal mining projects in Chhattisgarh were either cancelled or fresh
assessments were directed.

Limitations of NGT

 The jurisdiction of NGT is curtailed as Wildlife (Protection) Act, 1972and Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is not under
its ambit.

 This restricts the jurisdiction area of NGT and at times hampers its functioning as the crucial
forest rights issue is linked directly to the environment.

 The sanctioned strength of 10 each under judicial and expert members are not filled. The
lack of human and financial resources has led to high pendency of cases – which undermines
NGT’s very objective of disposal of appeals within 6 months.

 The option of appeals has nullified the purpose of reducing burden on the higher courts.

 The justice delivery mechanism is also hindered by a limited number of regional benches.

Is endowment of Suo-motu powers to NGT a step in the right direction?

 The Supreme Court recently declared that the National Green Tribunal is vested with suo
motu powers to take cognizance on the basis of letters, representations and media reports

 This could allow the NGT to play a more effective role in environmental protection.

 However, the need for suo moto powers itself reiterates the idea that a judicial body must
‘swoop in’ to protect constitutional values, if the legislature or the executive is ill equipped
to perform their functions.

 The Tribunal would have a direct effect on the functioning of executive bodies, such as the
Municipal Corporation in the present case.

 Unlike orders based on petitions, cases taken up suo moto would allow the tribunal itself to
decide what issues it should consider and to what extent it can infringe on the executive’s
domain.

Way forward
 There is an immediate need to set up new regional benches. Further, these should be based
in a place that has the highest forest cover or large mineral deposit.

 Appeal may be provided against the order of the NGT before a larger Bench of the Tribunal
before the matter reaches to the Supreme Court or High Court.

 Vacancies in NGT, needs to be filled as soon as possible.

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Indian Constitution- historical underpinnings, evolution, features, amendments,

significant provisions and basic structure.
Throw light on the importance of the fundamental right to freedom of speech and
expression. Analyse the various threats which curtail this fundamental right. (250
words)
Difficulty level: Moderate
Reference: The Hindu
Why the question:
The freedom of speech is one of the most cherished freedoms. The Constitution of India, too, declares
that Indians possess this freedom, but makes it subject to the interest of public order, or the
sovereignty and integrity of India.
Key Demand of the question:
To write about the importance of freedom of speech and various threats to it.
Directive word:
Analyse – When asked to analyse, you must examine methodically the structure or nature of the
topic by separating it into component parts and present them in a summary.
Structure of the answer:
Introduction:
Begin by giving context of Article 19 (1)(a) of the Indian constitution
Body:
First, write about the importance of freedom of speech – core pillars upholding the democratic
process and protecting it is essential if we want to live in a society that is fair and equal for everyone.
Cite examples and case substantiate.
Next, write about the various threats to freedom of speech – mention the reasonable restrictions,
Authoritarian government, exceptional emergency measures to curb freedom of expression,
censorship and Attacks on journalists and Whistleblowers etc.
Next, write about the steps that are needed to protect and promote this sacrosanct fundamental
right.
Conclusion:
Conclude with a way forward.
Introduction

Freedom of Speech and expression means the right to express one’s own opinions freely through
speech, writing, printing, pictures or any other mode. In India, under Article 19(1), the Constitution
of India guarantees to all its citizens the right to freedom of speech and expression. However,
this freedom is not absolute and under Article 19(2) reasonable restrictions can be imposed on the
exercise of this right for certain purposes.

Body

Importance of fundamental right to freedom of speech and expression

 Societal good: Liberty to express opinions and ideas without hindrance, and especially
without fear of punishment plays a significant role in the development of a particular society
and ultimately for that state. It is one of the most important fundamental liberties
guaranteed against state suppression or regulation.

 Self-development: Free speech is an integral aspect of each individual’s right to self-

development and fulfilment. Restrictions inhibit our personality and its growth. The
reflective mind, conscious of options and the possibilities for growth. Freedom of speech is

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also closely linked to other fundamental freedoms. Thus, for full-fledged development of
personality, freedom of speech and expression is highly essential.

 Democratic value: Freedom of speech is the bulwark of democratic Government. This

freedom is essential for the proper functioning of the democratic process as it allows people
to criticise the government In a democracy, freedom of speech and expression open up
channels of free discussion of issues. Freedom of speech plays a crucial role in the formation
of public opinion on social, political and economic matters.

 Ensure pluralism: Freedom of Speech reflects and reinforces pluralism, ensuring that
diversity is validated and promote the self-esteem of those who follow a particular life-style.

Threats that curtail freedom of speech

These restrictions include state security, defamation, public order, morality and decency, contempt
of court, sovereignty and integrity of India, incitement to offence and friendly relations with foreign
states. It is one of the most important fundamental rights in the interest of upholding the
democratic values of India.

 Press Freedom: Government’s pressure in the name of regulations, bombardment of fake

news and over influence of social media is dangerous for the occupation. Corruption-paid
news, advertorials and fake news are threats to free and unbiased media.

o Security of journalists is the biggest issue, killings and assaults on the Journalists
covering sensitive issues are very common.

o Hate speech targeting journalists shared and amplified on social networks are
targeted against journalists using social media.
o Corporate and political power has overwhelmed large sections of the media, both
print and visual, which lead to vested interests and destroy freedom.
o The arrest of the co-founder of the fact-checking website AltNews Muhammad
Zubair allegedly on grounds of attacking religious sentiments under sections 153A
and 295 of IPC signifies the silencing of journalists questioning the Government of
India and its allies.

 Sedition: One of the most notable examples concerning the bar on free speech is the
imposition of restrictions upon the freedom of the press by charging journalists and
dissenters for sedition under Section 124 A of the Indian Penal Code (IPC) of 1860. Such
instances were rife before the intervention of the Supreme Court of India to stay the
proceedings on cases relating to sedition.

o Comedians being jailed for making satirical comedy on politics and government.

 Ban culture on movies: Motivated ban culture due to certain elements not agreeable with
the conservative chauvinists of Indian society and politicians. It can lead to losses of
livelihoods of those people involved in making the movie.

Conclusion

Several factors are to be considered while restraining speeches like the number of strong opinions,
offensive to certain communities, the effect on the values of dignity, liberty, and equality.

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A constitution’s preamble is the first portion of the introduction of the document. It

usually includes the country’s history, fundamental ideas and goals, and a declaration of
the country’s intentions. Elaborate.
Difficulty level: Easy
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about importance of preamble.
Elaborate – Give a detailed account as to how and why it occurred, or what is the context. You must
be defining key terms wherever appropriate and substantiate with relevant associated facts.
Structure of the answer:
Introduction:
Begin by giving various views of significance of Preamble for the constitution.
Body:
In the first part, write about the all the core constitutional features of the Preamble.
Next, Mention about the significance of the constitution like how it tells the nature of Indian state,
objective of constitution, how it is useful to judiciary.
Conclusion:
Conclude by summarising that the preamble represents the soul and spirit of the Indian constitution.
Introduction

Preamble to a constitution is the window to what is there inside the constitution. It is a resolution of
Indian people to establish a sovereign, socialist, secular and democratic republic. In this republic,
people will have justice – social, economic and political; liberty of thought, expression, belief, faith
and worship; and equality of status and opportunity; this will promote fraternity among them and
assure the dignity of the individual and the unity and integrity of the Nation.

Body:

Background:

 The preamble was written after the Constituent Assembly had written the whole
constitution.
 It emerged from the Objectives Resolution which was introduced by Jawaharlal Nehru on
the fifth day of the inaugural session of the Constituent Assembly debates.
 In the Keshavananda Bharati Case in 1973, Preamble was held as an integral part of the
Constitution.

 The original Preamble did not mention “Secular”, “Socialistic”, and “and Integrity”. They
were inserted in it through the 42nd Constitutional Amendment.

Significance of Preamble

 The Preamble embodies the basic philosophy and fundamental values—political, moral and
religious —on which the Constitution is based.

 It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams
and aspirations of the founding fathers of the Constitution.

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 In the Berubari Union 16 case (1960), the Supreme Court said that the Preamble shows the
general purposes behind the several provisions in the Constitution, and is thus a key to the
minds of the makers of the Constitution.

 Further, where the terms used in any article are ambiguous or capable of more than one
meaning, some assistance at interpretation may be taken from the objectives enshrined in
the Preamble.

 The Preamble contains the fundamentals of constitution. It serves several important

purposes, as for example

o It contains the enacting clause which brings the Constitution into force.
o It declares the basic type of government and polity which is sought to be established
in the country.

o It declares the great rights and freedom which the people of India intended to
secure to its entire citizen.

o It throws light on the source of the Constitution, viz., the People of India.
o The Preamble can also be used to shed light on and clarify obscurity in the language
of a statutory or, constitutional provision.

o The preamble acts as the preface of the constitution of India and lays down the
philosophical ideas.

o It also states the objects which the constitution seeks to establish and promote.

 Preamble as Projector of ‘Desired Established State’

o The Preamble proclaims the solemn resolution of the people of India to constitute
India into a ‘Sovereign socialist secular democratic republic’.

 Preamble as Interpreter of Legislation and statutes:

o The Constitution of India starts with a preamble which contains the spirit of the
constitution. Every legislation framed is in conformity with the spirit of the preamble
and thus the constitutionality and objects of the statutes are tested.

Views of stalwarts about the Preamble

 In the words of Sir Alladi Krishnaswami Iyer, a member of the Constituent Assembly who
played a significant role in making the Constitution, ‘The Preamble to our Constitution
expresses what we had thought or dreamt so long’.
 According to K M Munshi, a member of the Drafting Committee of the Constituent
Assembly, the Preamble is the ‘horoscope of our sovereign democratic republic’.

 Pandit Thakur Das Bhargava, another member of the Constituent Assembly, summed up the
importance of the Preamble in the following words: ‘The Preamble is the most precious part
of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a
jewel set in the Constitution. It is a proper yardstick with which one can measure the worth
of the Constitution’

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Conclusion

Preamble shows the vision of India and strives for the values enumerated in it, for the people of
India. Both in ideas and expression it is a unique one. It embodies the spirit of the constitution to
build up an independent nation which will ensure the triumph of justice, liberty, equality and
fraternity. However, it is non-justiciable and is neither a source of authority or prohibition on
powers of Parliament. Yet it epitomises the very idea of India as an Independent nation.

Form a critical assessment of the parliamentary form of government adopted by the

Indian polity. (250 words)
Difficulty level: Moderate
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about features of parliamentary form of government, its pros and cons.
Structure of the answer:
Introduction:
Begin by describing parliamentary form of government adopted by India.
Body:
In the first part, write about the major features of Parliamentary forms of government in India.
Nominal and Real Head, Executive is a Part of Legislature, Majority Party Rule, Collective
Responsibility etc.
Next, write about its advantages – Represents Diverse Group, Better Co-Ordination Between
Legislature and Executive etc.
Next, write about its limitations of the parliamentary form of government.
Conclusion:
Conclude by writing a balanced opinion on parliamentary form of government.
Introduction

India is a Sovereign, Socialist, Secular, Democratic and Republic country which follows
the Parliamentary form of government which is also known as Westminster model of government
or Cabinet government or Responsible government. This form of government is prevalent in Britain,
Japan, Canada and India among others. Parliamentary system has been taken from the United
Kingdom because U.K. constitution is the mother constitution of parliamentarianism.

Body

Major features of parliamentary form of government

 Bicameral legislature: System may be either bicameral (two houses of the parliament)
or unicameral(single house of the parliament). India follows a bicameral legislature in which
the members of the Lower House (Lok sabha) are elected by the people and members
of Upper house (Rajya sabha) by elected representatives.

 The President can dissolve the Lok Sabha on recommendation of the Prime Minister while
Rajya Sabha is a permanent house and cannot be dissolved.

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 Nominal and Real Executives:There are two parts of the executive in India, nominal
executive, and real executive. The President, the Head of the State is the nominal
executive.

 Theoretically, the Constitution of India vested all the executive powers in the President of
India. But, in practice, are actually used by the Prime Minister and the Council of Ministers.
The Prime Minister is the real executive.

 Majority Party Rule:The party which wins majority seats in the elections of the Lower House
forms the government. The President appoints the leader as the Prime Minister and the
other ministers on the recommendation of the Prime Minister.

 The President may invite a coalition of parties to form the government, in case no party got
a clear majority.

 Collective Responsibility:The council of ministers is collectively responsible to the

parliament. The lower house of parliament can dissolve the government by exercising the no
confidence motion.

 Opposition:Party who gets the second highest vote counts in elections forms an opposition
party. The opposition plays a crucial role in keeping a check on the ruling government.

 Secrecy:The members of the executive follow the principle of secrecy in official legal matters
of the country. Ministers take oaths of secrecy before entering their office.

Advantages of parliamentary form of government

 Better coordination between the administration and the legislation: Since the
administration is part of the legislation, and most legislatures generally support the
government, it is easier to pass laws and implement them.

 Prevent authoritarianism:since the executive branch is accountable to the legislature and

can vote against it with motions of no confidence, there is no authoritarianism. Also, unlike a
presidential system, power will not be concentrated in one hand.

 Participatory and inclusive decision-making.

 Responsible government ministers are accountable to Parliament for their actions.

Tools: time for questions, debates, motions for adjournment, motions of no confidence.
 Be prepared to replace the government if you lose majority support. “The leader of the
opposition party is the deputy prime minister” Jennings.

 Representation of different groups:In this system, the parliament provides representation

for different groups in the country. This is especially important for countries like India.

 Flexibility: The system is flexible because the PM can be easily changed as needed. During
World War II, British Prime Minister Neville Chamberlain was replaced by Winston Churchill.
This is different from the presidential system, which can only be replaced after the entire
term or in the event of impeachment.

Demerits of Parliamentary form of Government

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 Unstable Government: The parliamentary system does not provide a stable government.
The government depends on the mercy of the majority legislators for their continuity and
survival in office. Political defection or evils of the multiparty coalition can make the
government unstable.

 No Continuity of Policies:The parliamentary system is not conducive for the formulation and
implementation of long-term policies. A change in the ruling party is usually followed by
changes in the policies of the government.

 Dictatorship of the Cabinet:Whenever the ruling party enjoys an absolute majority in the
Parliament, the cabinet becomes autocratic and exercises nearly unlimited powers.

 Against Separation of Powers:In the parliamentary system, the legislature and the executive
are together and inseparable. The cabinet acts as the leader of the legislature as well as the
executive. Hence, the whole system of government goes against the letter and spirit of the
theory of separation of powers.

 Government by Amateurs:The parliamentary system is not conducive to administrative

efficiency as the ministers are not experts in their fields. The Prime Minister has a limited
choice in the selection of ministers; his choice is restricted to the members of Parliament
alone and does not extend to external talent.

Conclusion

As the representative body that checks the government’s activities, Parliament plays a crucial role in
our democracy. It is critical for Parliament to function properly in order to fulfil its constitutional
purpose.

Value addition

Reasons for India to adopt parliamentary system of Government:

 By the time of constitution framing, India already had some experience of the parliamentary
system under the Government of India Act 1919 and 1935. So Indian people were familiar
with it.

 This experience also showed that the executives can be effectively controlled by the
representatives of the people.

 The makers of the constitution wanted to make the government responsible to people’s
demands and should be accountable to them.

 The makers were reluctant to go for the presidential system as it gives excessive powers to
the president who works independently with the legislature.

 The presidential system is also prone to the personality cult of the president.

 The makers of the constitution wanted to have a strong executive branch but with strong
safeguards to avert the risk of a personality cult.

 In the parliamentary system, there are several mechanisms to make the executive more
answerable to and controlled by the people’s representatives.

 So, the constitution adopted a parliamentary system for India.

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Article 32 of the Indian Constitution provides a remedy for the protection of

fundamental rights, granting the Supreme Court the power to issue writs in cases
where the fundamental rights of a citizen have been infringed. Discuss. (250 words)
Difficulty level: Easy
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about the role of SC in safeguarding fundamental rights under article 32.
Directive:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Structure of the answer:
Introduction:
Start by giving a brief about article 32.
Body:
First, in detail, about the role of the SC as the “guarantor” and “defender” of the fundamental rights.
Next, write in detail about the various types of writs and the purposes behind it. Substantiate using
examples and SC case to show how writs are used to protect fundamental rights.
Conclusion:
Conclude by summarising and giving views of various scholars regarding it.

Introduction

Article 32 falls under Part III of the Constitution that includes the fundamental rights of individuals.
It allows an individual to approach the Supreme Court if she or he believes that her or his
fundamental rights have been violated or they need to be enforced.

Dr B.R. Ambedkar had once said, “If I was asked to name any particular article in this Constitution as
the most important — an article without which this Constitution would be a nullity — I could not
refer to any other article except this one (Article 32). It is the very soul of the Constitution and the
very heart of it.”

Body

Rationale behind Article 32 called the heart and soul of the constitution:

 Right to constitutional remedies works on the Doctrine “Ubi Jus Ibi Remedium” which
means when there is a right there is a remedy.

 It gives the power to the citizens of India to go directly to the Supreme Court of India, rather
than by way of appeal, if they feel that any of their Fundamental Rights have been
violated. Article 32 makes the Supreme Court the defender and guarantor of the
fundamental rights.

 Article 32 came out to be the greatest safeguard that could be provided to protect the
fundamental rights of the citizens and “It is a right fundamental to all the other Fundamental
Rights”.

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 Courts, as the judicial sentinel of the fundamental rights, are equipped with constitutional
weapons i.e., WRITS.

 Writs which are being performed both by The Supreme Court and The High Court
under Article 32 and 226 are for the violation and enactment of the Fundamental Rights.

 Both the courts have the power to issue directions, orders, and writs, including writs
of Habeas corpus, Mandamus, Prohibition, Quo warranto, and Certiorari, for the
enforcement of any of the rights.

 On the other hand, Parliament has the right to empower any other court with such authority
so that it can act as “Protector and guarantor” of such rights.
 Supreme Court in basic structure doctrine made clear that right to move to Supreme Court
cannot be suspended except otherwise provided by the Constitution. This implies that this
right suspended during a national emergency under article 359

Conclusion

The constitutional remedies provided to the citizens are the most powerful orders with immediate
effects and results and that is why it has always been considered as the most important fundamental
right engrafted in the Constitution of India. The Constitution of our country isn’t rigid and the various
cases and court proceedings keep on challenging the basic structure of the Constitution. Article
32 still ensures that the fundamental rights of the citizens will always be protected and enforced by
the Judiciary of India. And no citizen will be left unheard and deprived of his/her rights being the
citizens of an independent country.

Value addition

Landmark cases of Article 32:

 In a judgment in the L. Chandra Kumar vs. Union of India and Others case and P. Sampath
Kumar vs. Union of India case, it was declared that Article 32 was an integral and essential
feature of the Constitution and constituted its basic structure.

 During the 1975 Emergency, in the ADM Jabalpur vs. Shivakant Shukla case, SC had ruled
that the right to constitutional remedies under Article 32 would remain suspended during a
national emergency. People were unable to seek redressal when their fundamental rights
were being hampered.
 The most recent incidents where Article 32 was discussed, was when Kerala-based journalist
Siddique Kappan languished in jail, and debate around the relevance of Article 32 continued
inside and outside the Indian courts, the reason being that the Supreme Court may no longer
entertain bail petitions under Article 32 of the Constitution.

 The court had then said that “The right to approach the Supreme Court under Article 32 is
itself a fundamental right and that there is no doubt that if a citizen of India is deterred in
any case from approaching this Court in exercise of his right”.

 In the recent case of Arnab Goswami, where PIL’s were filed against him under Article 32 of
the Constitution, Hon’ble Chief Justice had said that Supreme Court wouldn’t exercise its
powers for matters under Article 32 and also contended that it should be solely done by the
High Court with appropriate jurisdiction so as to protect the interest and rights of individuals.
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 The impact of article 32 has been huge with landmark cases like Shreya Singhal v Union of
India where supreme court struck down Section 66A of the Information Technology Act,
2000, Meera Santosh Pal and Others v Union of India and Others where Supreme Court
gave judgment on medical termination of pregnancy of a 24-week foetus etc.

Explain the classification and criticism of the Directive Principles of State Policy (DPSPs).
Do you think some of the DPSPs must be made justiciable? (250 words)
Difficulty level: Moderate
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about the concept of DPSP and their classification while commenting on their criticism and
making it justiciable.
Directive:
Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the
context. You must be defining key terms wherever appropriate and substantiate with relevant
associated facts.
Structure of the answer:
Introduction:
Start by explaining what DPSP’s are.
Body:
First, in detail, Discuss the Directive Principles of State Policy, its importance in the Indian
Constitution and the history of its conflict with Fundamental Rights.
Next, classify them in detail; Socialistic Principles, Gandhian Principles and Liberal-Intellectual
Principles.
Next, write in detail about the criticisms against it. Comment on making certain DPSPs as justiciable
and scope for it.
Conclusion:
Conclude by summarising and giving a balanced view on DPSPs.
Introduction

Directive Principles of State Policy (DPSP) are the form of instructions/guidelines to the
governments at the centre as well as states. Though these principles are non-justiciable, they are
fundamental in the governance of the country. The Constitution of India aims to establish not only
political democracy but also socio-economic justice to the people to establish a welfare state. With
this purpose in mind, our Constitution lays down desirable principle and guidelines in Part IV known
as the Directive Principle of State Policy.

Body:

The Constitution does not contain any classification of the Directive Principles. However, on the
basis of their content and direction, they can be classified broadly into socialist, Gandhian and
liberal-intellectual.

Socialistic:

 to promote the welfare of the people by securing a social order permeated by social,
economic and political justice and to minimise inequalities in income, status, facilities and
opportunities. (Art 38)

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 to secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable
distribution of material resources of the community for common good; (c) prevention of
concentration of wealth and means of production; (d) equal pay for equal work for men and
women; (e) preservation of the health and strength of workers and children against forcible
abuse; and (f) opportunities for healthy development of children. (Art 39)

 to promote equal justice and to provide free legal aid to the poor. (Art 39A)

 to secure the right to work, to education and to public assistance in cases of unemployment,
old age, sickness and disablement. (Art 41)

 to make provision for just and humane conditions for work and maternity relief. (Art 42)
 to secure a living wage, a decent standard of life and social and cultural opportunities for all
workers (Art 43)

 to take steps to secure the participation of workers in the management of industries (Art
43A)

 to raise the level of nutrition and the standard of living of people and to improve public
health. (Art 47)

Gandhian Principles:

 to organize village Panchayats and endow them with necessary powers and authority to
enable them to function as units of self-government. (Art 40)

 to promote cottage industries on an individual or co-operation basis in rural areas. (Art 43)

 to promote voluntary formation, autonomous functioning, democratic control, and

professional management of co-operative societies. (Art 43B)

 to promote the educational and economic interests of SCs, STs and other weaker sections of
the society and to protect them from social injustice and exploitation. (Art 46)
 to prohibit the consumption of intoxicating drinks and drugs which are injurious to
health. (Art 47)

 to prohibit slaughter of cows, calves and other milch and drought cattle and to improve
their breeds. (Art 48)

Liberal-Intellectual Principles:

These principles represent the ideology of liberalism and direct the state to

 to secure for all citizens a uniform civil code. (Art 44)

 to provide early childhood care and education for all children until they complete the age of
6 years. (Art 45)

 to organise agricultural and animal husbandry on modern and scientific lines. (Art 48)

 to protect and improve the environment and to safeguard forests and wildlife. (Art 48A)

 to protect monuments, places and objects of artistic or historic interest which are declared
to be of national importance. (Art 49)

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 to separate the judiciary from the executive in the public services of the state. (Art 50)

 to promote international peace and security and maintain just and honourable relations
between nations; to foster respect for international law and treaty obligations, and to
encourage settlement of international disputes by arbitration. (Art 51)

Additions by 42nd Amendment Act, 1976:

 to secure opportunities for healthy development of children. (Art 39)

 to promote equal justice and to provide free legal aid to the poor. (Art 39A)

 to take steps to secure the participation of workers in the management of industries (Art
43A)

 to protect and improve the environment and to safeguard forests and wildlife. (Art 48A)

Additions by 44th Amendment Act, 1978:

 to minimise inequalities in income, status, facilities and opportunities. (Art 38)

Amendments in 86th Amendment Act, 2002:

 It changed the subject matter of Art 45 and made elementary education a fundamental right
under Art 21A. The amended directive requires the state to provide early childhood care and
education for all children until they complete the age of 6 years.

Additions by 97th Amendment Act, 2011:

 to promote voluntary formation, autonomous functioning, democratic control, and

professional management of co-operative societies. (Art 43B)

Yes, the DPSPs should be made enforceable

 A foremost argument in favour of making the Directives enforceable is that their justifiability
will keep the autocratic tendencies of the ruling governments in check.

 Also, most of the provisions contained in the DPSPs are promises made by the contesting
parties during the time of elections.

 These promises, as is common knowledge, are seldom kept.

 But if these DPSPs are justiciable in a court of law, the government becomes answerable to
the people.

 Their actions will also be controlled by through these Directives. An example would be the
provision contained in Article 44, relating to the implementation of a Uniform Civil Code.

 This provision aims for a uniform civil law (much like the criminal law in force) for all citizens
regardless of their religion, and other beliefs.

 If implemented, it could play a critical role in uniting India, and making divisive policies a
thing of the past.

No, DPSPs need not be made enforceable

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 But it is also argued that making the Directives enforceable is futile, since a large number of
laws and policies are already in place for the implementation of these DPSPs. For example,
the provision of Panchayati Raj (Article 40) was introduced through an Amendment to the
Constitution in 1992. Today, there are 2,27,698 Gram Panchayats, 5906 Intermediate Tiers,
and 474 Zila Panchayats in the country.

 Another argument against enforcing the DPSPs is that their provisions are not very secular.
Though it calls for the implementation of a Uniform Civil Code, it also directs the state to ban
the slaughter of cows, a cause that is primarily Hindu.

 The Directive Principles also try to impose morals on the citizens, something that is
inarguably outside the scope of law. The Directives contain a provision that calls for the ban
on alcohol. Though it has never been enforced on a national level, this provision certainly
tries to impose certain morals on the people.

Conclusion:

The directive principles play an ideal before the legislator of India which shows that light while they
frame the policies & laws. They are basically a code of conduct for the legislature and administrators
of the country. They show the path to the leaders of the country which takes the country to achieve
the ideal of the constitution embodied in the Preamble “Justice, Social, Economic, Political; liberty,
equality and fraternity”.

Examine as to how the proclamation of a national emergency affects fundamental

rights and provide insights into how the judiciary has interpreted the validity of
suspending fundamental rights during emergencies? (250 words)
Difficulty level: Moderate
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about impact of national emergency on fundamental rights and the judicial interpretations
of it.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect
it, investigate it and establish the key facts and issues related to the topic in question. While doing so
we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Begin the writing about the objective behind article of national emergency.
Body:
In the first part, bring out the effect of national emergency on fundamental rights – the nature of the
modification, extent of modification, ability to enforce fundamental rights etc.
In the next part, mention the various judicial interpretations regarding the suspension of the
fundamental rights – mention various cases such as Makhan Singh Vs. State of Punjab, A.D.M.
Jabalpur Vs. shivkant Shukla etc.
Conclusion:
Conclude with stressing that suspension is a temporary measure.
Introduction

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The President, under article 352 of Indian constitution, can declare a national emergency when the
security of India or a part of it is threatened by war or external aggression or armed rebellion. When
a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known
as ‘External Emergency’. On the other hand, when it is declared on the grounds of ‘armed
rebellion’, it is known as ‘Internal Emergency’.

Body

Effects of the proclamation of national emergency on the fundamental rights

 According to Article 358, when a proclamation of national emergency is made, the six
fundamental rights under Article 19 are automatically suspended. No separate order for
their suspension is required

 When the proclamation of National Emergency is imposed under this, legislative and
executive committed even if they are in violation of article 19 cannot be questioned by the
courts

 However, the 44thamendment act, put two conditions to this- rights under article 19 can be
suspended only when the National emergency is declared on the grounds of war or external
aggression and only those laws which are related with the emergency are protected from
being challenged and no other laws

 Article 359 authorizes the president to suspend the right to move any court for the
enforcement of FR during a national emergency. Here, the FR are not suspended but only
their enforcement

 The suspension of FRs is restricted to those which are only mentioned in the order.
 The 44thamendment act imposed two conditions on the usage of this article- president
cannot suspend the right to move the court for the enforcement of FR guaranteed under
Article 20 and 21 and only those laws which are related to the emergency are protected and
no other laws

Judicial interpretations of validity of suspension of fundamental rights during emergency

 In the case of Minerva Mills ltd. vs Union of India, Supreme Court held that there is no bar
to judicial review of the validity of the proclamation of emergency issued by the president
under 352(1). However, court’s power is limited only to examining whether the limitations
conferred by the constitution have been observed or not. It can check if the satisfaction of
the president is valid or not. If the satisfaction is based on mala fide or absurd or irrelevant
grounds, it is no satisfaction at all.

 suspension of art. 19- Makhan Singh Vs. State of Punjab

o 358 makes it clear that things done or omitted to be done during emergency could
not be challenged even after the emergency was over.in other words the suspension
so art.19 was complete during the period in question and legislative and executive
action which contravened art.19 could not be questioned even after the emergency
was over.

 suspension of art.20,21 – A.D.M. Jabalpur Vs. shivkant Shukla

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o The President issued orders under the Constitution of India, art. 359(1) suspending
the right of any person to move any court for enforcement of fundamental rights
under arts. 14, 21 and 22 and 19 for the duration of the emergency. International
Covenant on Civil and Political Rights ,art. 4 recognises the right to life and personal
liberty to be a non- derogable right even during times of emergency.

 suspension of art.14 and 16 – Arjun Singh vs. State of Rajasthan

o The question arose whether art.16 is also suspended although it is not mentioned in
order, the Rajasthan high court held that art.16 remained operative even though
art.14 was suspended. The court emphasized that under art.359 the enforcement of
only such fundamental rights was suspended as were specifically and expressly
mentioned in the presidential order.

Conclusion

It is important to note that even when these provisions are provided for the nation’s security and
protection of the people, the provisions in themselves give drastic discretionary powers in the hands
of the Executive. This affects the federal structure of the nation and essentially turns it into a unitary
one. Therefore, the courts should be given the power to expand the powers of the Centre, as the
same will act as a built-in mechanism to check if the discretionary powers are being used arbitrarily
by the Parliament and the Executive.

What are India’s major social and political contradictions after 75 years of
independence, and what measures can be taken to address them? (250 Words)
Difficulty level: Easy
Reference: The Hindu
Why the question:
The question is taken from the Editorial Article of the Hindu. It talks about social and political issues
confronting India, as it celebrates its 75th year of independence.
Key Demand of the question:
To write about the various social and political contradictions that India faces and suggest solutions.
Structure of the answer:
Introduction:
Introduce the topic by briefly discussing India’s journey since its independence in 1947 and
highlighting the achievements and challenges faced by the country.
Body:
Define what is meant by social and political contradictions, and provide examples of the major ones
in India today. This could include issues such as caste discrimination, communalism, gender
inequality, poverty, corruption, and political polarization, among others.
Offer suggestions for addressing these contradictions, such as legislative reforms, social and cultural
changes, and strengthening institutions and governance mechanisms. It could also include
community-led initiatives and collaborations between the government, civil society, and the private
sector.
Conclusion:
Conclude by summarizing the main points and emphasizing the importance of addressing these
contradictions to achieve India’s potential as a vibrant, diverse, and inclusive democracy.
Introduction
The nation may have celebrated “Azadi ka Amrit Mahotsav”, on the completion of 75 years of
Independence and the 74th anniversary of the founding of the Republic, but there are still deep

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contradictions in the country. Abject poverty prevails, there is a deepening divide between the rich
and the poor, precarious conditions affect the rule of law, and not-so-good governance poses
grave challenges to the very existence of democracy and the republic.

Body

Social and political contradictions

 Inability to eradicate extreme poverty and marginalization: Multi-dimensional poverty has

become deeply entrenched and inequalities have widened sharply.

 Communalism: Clashes between two religious groups and rioting are still a feature of Indian
society, even though the freedom fighters and the forefathers of the constitution renounced
it and envisaged a new India.

 Today, on the one hand, India stands tall as one of the world’s emerging economies with an
advantageous demographic dividend, a vibrant democracy that ensures enthusiastic
participation in elections, a diverse polity, and a diversified economy.

o But it also faces humongous challenges. Its people live in a more chaotic world
where cooperation and liberal trade relations have taken a beating and where
climate change is a challenge.

 Also, the emergence and consolidation of a dominant political force that seeks to centralise
power and homogenise the idea of India has threatened to unravel the constitutional
structure of recognition of diversity and inclusion as the means for overall progress.

 Economic progress through inclusive growth — a process that was accelerated following
comprehensive reforms in the early 1990s and the institution of a rights-based approach
towards welfare in the mid-2000s — has slowed down in the last few years.

 Meanwhile, there is an exacerbation of inter-State disparities, with southern and western

India delivering better outcomes in education, health care and thoroughgoing economic
growth than other regions, an issue that requires careful deliberation in the near future.

Measures to address the contradictions

 The successes and failures of the earlier generations in post-independent India have
provided the nation with the pathways to address the challenges of the future.

o For one, neither a statist nor a market-only emphasis on development and growth is
ideal.

o India must continue policies, framed in the 1990s, of allowing entrepreneurial

energies to flourish while relying on comprehensive welfare with a rights approach,
which was given impetus in the late 2000s, to help utilize its demographic potential.

 In the early years of Independence, many modern institutions of higher education, industry
and health care were built and endured but India missed out on a strong focus on primary
healthcare and education, a weakness that has led to the persistence of poverty and social
marginalization based on caste.

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 A bottom-up approach to development that should focus on building capabilities of the

citizenry through both affirmative actions and state responsiveness would lead to better
release of productive forces in the economy.

 States getting more fiscal latitude and local governments being empowered to implement
programmes could go a long way in achieving this.

 While, since the reforms in 1991, interdependence in a globalised world allowed for the
export sectors to flourish, the lack of diversified employment and increased labour
productivity in comparison to other countries such as China or South Korea is a failing.

 As the world transits towards a new industrial revolution in its reliance on technologies
such as 5G, the Internet of Things, artificial intelligence, robotics, and green technologies,
India must embark upon building significant capabilities in these in a way that does not just
result in a few corporations gaining but which allows for more gainful employment and
diversification of the economy.

 In external relations, while India must continue to skillfully navigate the contradictions
emerging in the international order with an emphasis on its interests, it should not disavow
the time-tested adherence to values — of non-interference, building an equanimous world
order and striving for peace — that allowed it to emerge as a leader of the non-aligned
world.

 India has come a long way since 1947 in finding its footing among the comity of nations,
but there still needs a lot more distance to be travelled

Conclusion

As we are celebrating “Azaadi ka Amrit Mahotsav”, the completion of 75 years of independence can
be taken as a new opportunity to build an India of our aspirations and make positive contributions to
the changing landscape of India.

Salient features of the Representation of People’s Act.

What is the rationale behind delimitation of electoral constituencies? Explain the
functions of delimitation commission. What are the issues associated with delimitation
exercise? (250 words)
Difficulty level: Tough
Reference: Insights on India , Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about delimitation, functions of delimitation commission and problems associated with it.
Directive word:
Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the
context. You must be defining key terms wherever appropriate and substantiate with relevant
associated facts.
Structure of the answer:
Introduction:

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Begin by defining delimitation under Article 82.

Body:
In the first part, write about rationale behind the delimitation – follow the principle of “One Vote One
Value”, equality, Fair division of geographical areas etc.
Next, write in detail about the functions of delimitation commission.
Next, write about the various issues associated with delimitation and ways that it can be addressed.
Conclusion:
Conclude by writing a way forward.
Introduction

Delimitation literally means the act or process of fixing limits or boundaries of territorial
constituencies in a country or a province having a legislative body. A four-member Delimitation
Commission, including a member of the EC, carries out this task. In India, such Delimitation
commissions have been set up four times in the past under ‘Delimitation Commission Acts’ of 1952,
1962, 1972 and 2002.

Body:

Background

 The Supreme Court recently dismissed a plea challenging the delimitation exerciseto redraw
Lok Sabha and Assembly constituencies in the Union Territory of J&K.

 A challenge to the J&K Reorganisation Act, 2019, is pending before the apex court, along
with other petitions challenging the abrogation of Article 370of the Indian Constitution.

 Delimitationis the act of redrawing boundaries of an Assembly or LS seat to represent

changes in population over time.

 A commissionset up by the Central government submitted its final report for delimitation in
J&K last year.

 It has been recommended that the number of seats in the J&K Assembly should be
raised from 83 to 90.

Objectives:

 Under Article 82of the Constitution, Parliament enacts a Delimitation Act after every Census
which establishes a delimitation commission.

 The main task of the commission is redrawing the boundaries of the various assembly and
Lok Sabha constituencies to ensure an equitable population distribution

Delimitation and RPA:

 The provisions of Delimitation Act, 2002, says that as of date, all Assembly and
Parliamentary constituencies are to be delimited on the basis of the 2001 Census.

 According to the guidelines of the EC and the 84th and 87th amendments to the
Constitution, the “state average per assembly constituency” is obtained by dividing the total
number of the state population (as per 2001 census) by the total number of constituencies
in the state.

 This method is aimed at having an equal population in each constituency.

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 However, a deviation of plus-minus 10 per cent is acceptable if the geographical features,

means of communication, public convenience, contiguity of the areas, and necessity to avoid
breaking of administrative units so demand.

 As per the guidelines, seats have to be reserved for the SCs and STsin the proportion of their
population separately both for the Assembly and Parliamentary constituencies in each state.

 The commission, after completing the process from its end, puts out papers and draft
proposals for discussions and holds public meetings on the same.

 These proposals are notified in the Gazette of India and the state’s gazette after the
President’s approval.

 The commission’s order cannot be challenged in any courtas it has the force of law.

 The copies of orders are also presented before the Lok Sabha and the State Legislative
Assembly concerned, but both these houses are not allowed to make modifications in that.

Conclusion:

While 2026 is still a few years away, if we do not start a debate now on how to deal with the
problems that are likely to arise, we will be forced to postpone the lifting of the freeze to a future
date as was done in 2001. This will only postpone the problem for which we must find a solution
sooner or later. Even the various proposals for electoral reforms which have been recommended by
various Commissions over the past decade do not address these issues. These are challenges which
our political leaders have to address in the immediate future.

The primary objective of the Anti-Defection Law is to promote stability and prevent
political defections, which can lead to horse-trading and opportunistic alliances. But
the law has been ineffective and at times even counterproductive in preventing
defections. Critically examine. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
A five-judge Bench of the Supreme Court of India is presently hearing a set of cases popularly known
as the “Maharashtra political controversy cases”. These cases arose out of the events in June last
year, when the ruling Maha Vikas Aghadi (MVA) coalition (the Shiv Sena, the Nationalist Congress
Party and Congress) lost power after an internal splintering of the Shiv Sena party.
Key Demand of the question:
To write about the shortcomings of the anti-defection law and measures needed to fix them.
Directive word:
Critically examine – When asked to ‘Examine’, we have to look into the topic (content words) in
detail, inspect it, investigate it and establish the key facts and issues related to the topic in question.
While doing so we should explain why these facts and issues are important and their implications.
When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the
topic and give a fair judgment.
Structure of the answer:
Introduction:
Write about objectives of anti-defection law.
Body:
First, write about various features of anti-defection pertaining to disqualification.

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Next, write as to why the anti-defection has been ineffective in preventing defection and horse
trading. Substantiate with examples.
Next, suggest measures needed to rectify this.
Conclusion:
Conclude with a way forward.
Introduction

Defection is “desertion by one member of the party of his loyalty towards his political party” or
basically it means “When an elected representative joins another party without resigning his present
party for benefits”. The institutional malaise is defection and party-hopping is state- neutral, party-
neutral, and politics-neutral.

A five-judge Bench of the Supreme Court of India is presently hearing a set of cases popularly known
as the “Maharashtra political controversy cases”. These cases arose out of the events in June last
year, when the ruling Maha Vikas Aghadi (MVA) coalition (the Shiv Sena, the Nationalist Congress
Party and Congress) lost power after an internal splintering of the Shiv Sena party.

Body

Background
 For a very long time, the Indian political system was impacted by political defections by
members of the legislature. This situation brought about greater instability and chaos in the
political system.

 Thus, in 1985, to curb the evil of political defections, the 52nd constitution amendment act
on Anti-defection law was passed and the 10th Schedule was added in the Indian Constitution.

 The main intent of the law was to combat “the evil of political defections” which may be due to
reward of office or other similar considerations.

 The law applies to both Parliament and state assemblies. However, there are several issues in
relation to the working of this law.

 91st Constitution Amendment Act-2003 was enacted and was aimed at limiting the size of the
Council of Ministers to debar defectors from holding public offices, and to strengthen the anti-
defection law.

Flaws of the current Anti-defection law

 Does not prevent Defection: The Anti-defection law has failed to curb “horse trading” and
defection, leading to toppling of governments through machinations of corrupt legislators.

 Eg: The 17-MLA’s of coalition government resigned in Karnataka, leading to change in

government. The 17 MLA’s later contested from the party that formed new government.

 Wholesale defection: The law prevents individual defections, but not wholesale defections.

 Eg: Congress government in Madhya Pradesh lost majority due to resignations of

MLA’s.

 Against the true spirit of representative democracy: The anti-defection law seeks to provide a
stable government by ensuring the legislators do not switch sides.

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 However, this law also enforces a restriction on legislators from voting in line with their
conscience, judgement and interests of his electorate.

 Impedes legislative control on government: The anti-defection law impedes the oversight
function of the legislature over the government, by ensuring that members vote based on the
decisions taken by the party leadership.

 In short, if legislators are not able to vote on laws independently, they would not act as
an effective check on the government.

 The Anti-Defection Law, in effect, dilutes the separation of powers between the
Executive and the Legislature – and centralises power in the hands of the executives.
 Role of presiding officer of the house: The law lays down that legislators may be disqualified on
grounds of defection by the Presiding Officer of a legislature based on a petition by any other
member of the House.

 However, there are many instances when presiding officers play a part with the vested
interests of a political party/government in power.

 Also, the law does not specify a time period for the Presiding Officer to decide on a
disqualification plea.

 The decision thus is sometimes based on the whims and fancies of the presiding officer.

 Affects the debate and discussion: The Anti-Defection Law has created a democracy of parties
and numbers in India, rather than a democracy of debate and discussion.

 In this way, it does not make a differentiation between dissent and defection and
weaken the Parliamentary deliberations on any law.

Steps to be taken

 To be used for major decision making: Several experts have suggested that the law should
be valid only for those votes that determine the stability of the government. e.g. passage of
the annual budget or no-confidence motions as recommended by Dinesh Goswami
Committee.

 Non-partisan authority: Various commissions including National Commission to review the

working of the constitution (NCRWC) have recommended that rather than the Presiding
Officer, the decision to disqualify a member should be made by the President (in case of
MPs) or the Governor (in case of MLAs) on the advice of the Election Commission.

 Independent committee for disqualification: Justice Verma in Hollohan judgment said that
tenure of the Speaker is dependent on the continuous support of the majority in the House
and therefore, he does not satisfy the requirement of such independent adjudicatory
authority.

o Also, his choice as the sole arbiter in the matter violates an essential attribute of the
basic feature.

o Thus, the need for an independent authority to deal with the cases of defection.

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 Intra-party democracy: 170th Law Commission report underscored the importance of intra-
party democracy by arguing that a political party cannot be a dictatorship internally and
democratic in its functioning outside.

o Thus, the parties should listen to the opinions of the members and have discussions
on the same. This would give the freedom of speech and expression to its members
and promote inner-party democracy.

 Limiting Speaker’s discretion: Recent Supreme Court Judgement ruled that Speaker must
decide on disqualification within three months of receiving application. It cannot be the
discretion of the Speaker to take no action.

Conclusion

There is a need to prevent unholy defections that lead to instability in the governance system of the
nation. The current law is clearly flawed and has not effectively curbed defection due to lure of
power and money. There is a need for a more rationalised version of anti-defection laws which will
help establish a truly representative democracy.

Structure, organization and functioning of the Executive and the Judiciary—

Ministries and Departments of the Government; pressure groups and
formal/informal associations and their role in the Polity.
What are the roles and responsibilities envisaged by the constitution for the Vice-
President of India? (150 words).
Difficulty level: Easy
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about the function of Vice-President of India.
Structure of the answer:
Introduction:
Begin by mentioning about Article 63.
Body:
In the first part, write about the functions of the VP of India in detail – ex-officio chairman of RS,
stepping in for president, second highest constitutional office. Elaborate upon the above.
Conclusion:
Conclude by summarising the importance of VP for the parliamentary democracy.
Introduction

Article 63 of the Indian Constitution states that “there shall be a Vice-President of India”. Jagdeep
Dhankhar, the 14th Vice-President, is the incumbent Vice President of the country. Article 68 of the
Constitution of India states that an election to fill the vacancy caused by the expiration of the term
of office of the outgoing Vice-President is required to be completed before the expiration of the
term.

Body

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Roles & Responsibilities of Vice president of India

 Under Article 64, the Vice-President “shall be ex officio Chairman of the Council of the
States” (Rajya Sabha).

 Article 65 says that “in the event of the occurrence of any vacancy in the office of the
President by reason of his death, resignation or removal, or otherwise, the Vice-President
shall act as President until the date on which a new President…enters upon his office”.

 The Vice-President shall also discharge the functions of the President when the latter is
unable to do so “owing to absence, illness or any other cause”.

 During this period, the Vice-President shall “have all the powers and immunities of the
President and be entitled to emoluments, allowances and privileges” that are due to the
President.

 The office of the Vice-President of India is the second-highest constitutional office after that
of the President, and ranks second in the order of precedence.

 The election of a person as Vice-President cannot be challenged on the ground that the
electoral college was incomplete (i.e., existence of any vacancy among the members of the
electoral college).

 If the election of a person as Vice-President is declared void by the Supreme Court, acts
done by him before the date of such declaration of the Supreme Court are not invalidated
(i.e., they continue to remain in force).

 The Vice-President is the ex-officio Chairman of the Council of States. He may cast his vote
when there is a tie.

 He represents the Council of States on ceremonial occasions.

 He protects the rights and privileges of the members of the Council of States.

 He visits foreign countries on goodwill missions.

Role of Vice President in forging better ties between the opposition and the executive

 Vice- President should ensure that Parliamentary proceedings are not continuously stalled,
Members of Parliament are not suspended randomly and there is no complete breakdown
of communication between the ruling dispensation and the Opposition parties.

 Vice- President should ensure that Government doesn’t repeatedly bypass the Rajya Sabha
in the making of critical laws by arbitrarily classifying pieces of legislation as money Bills.

 His role as Chairman should be more to protect the Opposition’s space, debates and ensure
accountability of the executive.

 The inauguration of the new Vice-President should renew hopes for parliamentary
democracy.

Conclusion

However, the post of Vice-President is not superfluous. His position is one of honour, dignity, as well
as of influence. He presides over the meetings of the Rajya Sabha. While acting as the President, the

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Vice-President has the same powers, privileges, and immunities as the President. As such, he is
the ‘No.2 Citizen’ of the country. But he has potential to be promoted to the position of No.1 Citizen
of India.

Distinguish between judicial activism and judicial over-reach. Throw light on the
contributions of judicial activism in upholding rights of the citizens and ensuring welfare
orientation to the state. (250 words)
Difficulty level: Easy
Reference: Insights on India , Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 1 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about to difference between judicial activism and judicial over-reach and the contributions
of judicial activism.
Directive word:
Structure of the answer:
Introduction:
Start by defining judicial activism and judicial over-reach.
Body:
First, in detail, bring out the differences between judicial activism and judicial over-reach.
Next, write about the role of activism of courts to protect and preserve the rights of citizens, and not
merely criticize the government. Substantiate with examples.
Conclusion:
Conclude by summarising the importance of the above.
Introduction

Judicial Activism be defined as a philosophy of judicial decision making where by judges allow their
personal views regarding a public policy instead of constitutionalism. Judicial Activism refers to the
use of judicial power (Article 142) to articulate and enforce what is beneficial for the society in
general and people at large or judicial activism means the power of the Supreme Court and the high
court but not the sub-ordinate courts to declare the laws as unconstitutional and void.. In recent
times, there have been criticism levelled against judicial activism, calling it adventurism and
overreach.

Body

Some cases of activism in India are:

 Golaknath case in which Supreme Court declared that fundamental rights enshrined in part
3 are immutable and cannot be amendable

 Kesavananda Bharti case where by SC introduced doctrine of basic structure i.e. Parliament
has power to amend without altering basic structure of constitution.

 SC has assumed a supervisory role in CBI investigation of 2-G scam, in invoking terror laws
against Hasan Ali Khan.

Pros of Judicial Activism:

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 It provides a system of checks and balances to the other government branches. Judicial
Activism is a delicate exercise involving creativity. It brings out required innovation in the
form of a solution.

 Judicial Activism provides judges to use their personal wisdom in cases where the law failed
to provide a balance.

 Judicial Activism also provides insights into the issues. The reason why this is a good thing is
that it shows the instilled trust placed in the justice system and its judgments.

 Many a time public power harms the people, so it becomes necessary for the judiciary to
check misuse of public power.

 It provides speedy solutions where the legislature gets stuck in the issue of majority.

Cons of Judicial Activism:

 Judges can override any existing law. Hence, it clearly violates the line drawn by the
constitution.

 The judicial opinions of the judges become standards for ruling other cases.

 Judgment may be influenced by personal or selfish motives. Which can further harm the
public at large.

 Repeated interference of courts can erode the faith of the people in the quality, integrity
and efficiency of governmental institutions.

 Courts limit the functioning of government, when it exceeds its power and to stop any abuse
or misuse of power by government agencies.

However, in the recent days, judicial overreach has been on the rise as compared to judicial
activism:

 The line between Judicial activism and Judicial Overreach is very narrow. In simple terms,
when Judicial activism crosses its limits and becomes Judicial adventurism it is known as
Judicial Overreach.

 When the judiciary oversteps the powers given to it, it may interfere with the proper
functioning of the legislative or executive organs of government.

 This is undesirable in any democracy.

 Judicial Overreach destroys the spirit of separation of powers.

 In Arun Gopal v. Union of India (2017), the Supreme Court fixed timings for bursting Diwali
fireworks and prohibited the use of non-green fireworks, although there are no laws to that
effect.

 In C. Mehta v. Union of India (2018), the court annulled the statutory Rule 115(21) of the
Central Motor Vehicle Rules, 1989, when it directed that no BS-4 vehicle should be sold after
March 30, 2020, and that only BS-6 vehicles can be sold after that date.

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 The National Green Tribunal (NGT) ordered that no 15-year-old petrol-driven or 10-year-old
diesel-driven vehicle will ply in Delhi, and the Supreme Court has directed impounding such
vehicles, though neither the NGT nor the Supreme Court are legislative bodies.

Issues with judicial overreach:

 Dilutes ‘separation of powers’: It destroys the spirit of ‘separation of powers’ between

Parliament, Executive and Judiciary, enshrined in the constitution.

 Limited experience: In many cases, courts are often ill-equipped and lack experience to
weigh the economic, environmental and political costs involved like liquor ban case.

 No external regulation: The executive remains “accountable” to the people through 5-year
election process but judges exercise self-regulation and are insulated from any external
control and thus accountable only to themselves, and their own sense of their limits.

 Conflict of interest: Sometimes when judicial activism is exercised it is done for solely
selfish, political or personal reasons.

 Undermines trust in Parliament: It reduces the trust people pose in the Parliament and
elected representatives as frequent overreach signals executive inactivity and
incompetency.

 Minority rule/ Undemocratic: Judicial overreach appears as an act of ‘tyranny of unelected’

in a democracy.

 Wastage of court’s time: It is wastage of court’s time, which can otherwise be used for
adjudicating other important matters relating to public importance pending before the
court.

Way-forward:
 Though Article 142 and judicial review has been put to many constructive uses but some
actions, like declaring the National Judicial Appointments Commission unconstitutional as it
tried to apply checks on judicial powers, highlight the need for more judicial restraints in
using judicial review.

 Maintaining ‘independence’: Judiciary is expected to maintain its primary allegiance to the

law and the Constitution i.e. to the text of legal instruments and legal interpretation, and to
the body of judicial precedents. Though there exists a two-way interaction between judiciary
and executive but the judiciary should keep its moral and philosophical independence intact.

 Limiting judicial discretion: All cases invoking Article 142 should be referred to a
Constitution Bench of at least five judges so that this exercise of discretion may be the
outcome of five independent judicial minds.

 Review and feedback mechanism: In all cases where the court invokes Article 142, the
government must bring out a white paper to study the effects of the judgment after a period
of six months or so from its date.

Conclusion

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If judges are free to make laws of their choices, not only would that go against the principle of
separation of powers, it could also lead to uncertainty in the law and chaos as every judge will start
drafting his own laws according to his whims and fancies.

Our Constitution is our act of revolution and the Judiciary its protector. Today when the same
Judiciary oversteps its limits, it is indispensable that the decision is corrected, reviewed and reversed
by a larger Bench.

In a country governed by a written Constitution, the democratic right flows from the attribute of
constitutional sovereignty. We cannot claim our fundamental right or any other legal rights, unless
we retain the structure of our sovereignty.

Our constitutional makers longed for an independent judiciary, which is uninfluenced

by executive. However, the desire of a post-retirement job influences pre-retirement
judgments. Critically analyse. (250 words).
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 1 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about the pros and cons of taking up post-retirement by judges of higher judiciary and its
impact and ways to safeguard the independence of judiciary.
Directive word:
Critically analyze – When asked to analyse, you must examine methodically the structure or nature
of the topic by separating it into component parts and present them in a summary. When ‘critically’
is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a
balanced judgment on the topic.
Structure of the answer:
Introduction:
Begin by mentioning the importance of independence of judiciary.
Body:
In the first part, write about the practise of accepting post-retirement jobs by the judges of higher
judiciary. Write about the pros and cons of it. Write about the impact of it on independence of
judiciary.
Next, write about the ways how the independence of judiciary can be safeguarded from the lure of
post-retirement jobs.
Conclusion:
Conclude by writing a way forward.
Introduction

The edifice of constitutional governance rests on the separation of powers. The legislature is
popularly elected where the sovereignty of the people resides; the executive is accountable to the
legislature; and the judiciary is the upholder of the Constitution and, along with its other duties,
provides a check against executive excesses, arbitrariness, and unlawful steps.

Being Guardian of Constitution, the judiciary has to be independent — insulated from pressures and
inducements.

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Body

Issue of post-retirement post for judges

 The clear demarcation between the judiciary and executive got blurred as many judges over
the years began to accept posts offered by the government.

 A few years ago, a former Chief Justice of India (CJI) was made a Governor by the ruling
party.

 Now, we have the case of a former CJI, Ranjan Gogoi, being nominated by the President to
the Rajya Sabha and taking oath as Member of Parliament.

 Pre-retirement judgements under cloud: During his tenure as CJI, Justice Gogoi presided
over important cases such as Ayodhya and Rafale where all the decisions went in favour of
the government.

o This gave rise to the impression that his nomination was a reward for these
‘favours’.

o Thus his appointment — and that too within a few months of his retirement — not
only raised eyebrows but came in for severe condemnation from varied quarters.

 Loss of confidence: People are fast losing confidence in the so-called independent judiciary.

 In 2013 Arun Jaitley, who was also a senior Advocate, ironically said that legislature was
creating post-retirement avenues for Judges in every legislation.

o He also said that post-retirement job influences pre-retirement judgements.

o It is in this context that the appointment of Mr Gogoi has to be perceived.

Impact of post-retirement job influencing judgements

 The immediate appointments suggest that decisions regarding their post-retirement

assignments were already taken by the government.

 Immediate post-retirement appointments of the judges create a cloud over the sanctity of
their judgments, irrespective of their merits.

 Judges accepting jobs under the Executive certainly creates situations of conflicts of interest.

 It tends to undermine public faith in judicial independence.

 In the ‘master of roster case,’ the Supreme Court reiterated that public confidence was the
greatest asset of the judiciary.

 Judiciary and executive should remain mutual watchdogs than mutual admirers

Way forward

 If post-retirement appointments are going to undermine confidence in the judiciary and in a

constitutional democracy.

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 Enact law or amend Constitution: It is time to have a law in place either by way of a
constitutional amendment or a parliamentary enactment barring such appointments.

 This is the only way to secure the confidence of the people and prevent post-retirement
appointments.

 Increase pension: Judges can be compensated by being given their last drawn salary as a
pension.

 Retirement age can be increased: Also, the age of retirement for judges can be increased by
a year or two.

 This will undo the damage caused by post-retirement jobs.

Conclusion

The appointments of persons who have held constitutional office will undermine the very
constitutional values of impartiality in the dispensation of justice. So, enacting a law to bar such
appointments or amendment to the Constitution would be the step in the right direction.

Value addition

Examples of judges accepting post-retirement jobs

 Retired judges have been appointed to political office since independence.

 In 1952, Justice Fazl Ali was appointed the Governor of Orissa, shortly after retiring from the
Supreme Court.

 In 1958, Chief Justice M C Chagla resigned from the Bombay High Court in order to become
India’s Ambassador to the US at Prime Minister Nehru’s invitation.

 In April 1967, Chief Justice Subba Rao resigned from the Supreme Court to contest elections
for President.

 In more recent times, Chief Justice P Sathasivam was appointed the Governor of Kerala.

Appointment to various Constitutional posts, powers, functions and

responsibilities of various Constitutional Bodies.
Can the inclusion of a search and selection committee with representatives of the
government in the process of appointment of judges will act as a harbinger of
transparency and efficiency in the appointments to higher judiciary? Critically
comment. (250 words)
Difficulty level: Moderate
Reference: Indian Express
Why the question:
Underlining that the final decision to recommend judges will remain with the Collegium, the
government on Thursday told Parliament that the search and selection committee it has suggested to
the Chief Justice of India will only act as a “facilitator”.
Key Demand of the question:
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To write about the role that the search and selection committee can play in judicial appointments.
Directive word:
Critically comment – When asked to analyse, you must examine methodically the structure or nature
of the topic by separating it into component parts and present them in a summary. When ‘comment’
is prefixed, we must express our knowledge and understanding of the issue and form an overall
opinion thereupon.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
First, write about the issues in the current system of appointment of judges.
Next, write about the various measures taken by the government for reforming the existing
collegium system and response of judiciary to it.
Next, write about the role that the search and selection committee can play in order to bring out
more transparency and efficiency in the judicial appointment process. Write about its pros and cons.
Conclusion:
Conclude by writing a way forward.
Introduction

The judges of the Supreme Court and High Court in India are appointed by President as per article
124(2) and 217 of the constitution. In such appointment, the President is required to hold
consultation with such of the Judges of the Supreme Court and of the High Courts in the States as he
may deem necessary for the purpose.
Recently, Union Law Minister Kiren Rijiju had written to CJI D Y Chandrachud, suggesting inclusion of
a search and selection committee with representatives of the government in the process of
appointment of judges.

Body

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Collegium system:

 The Collegium System is a system under which appointments/elevation of judges/lawyers to

Supreme Court and transfers of judges of High Courts and Apex Court are decided by a
forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.’

 The collegium of judges is the Supreme Court’s invention. It does not figure in the
Constitution, which says judges of the Supreme Court and High Courts are appointed by the
President and speaks of a process of consultation.

 In effect, it is a system under which judges are appointed by an institution comprising

judges.

 After some judges were superseded in the appointment of the Chief Justice of India in the
1970s, and attempts made subsequently to affect a mass transfer of High Court judges
across the country, there was a perception that the independence of the judiciary was under
threat. This resulted in a series of cases over the years.

 The ‘First Judges Case’ (1981) ruled that the “consultation” with the CJI in the matter of
appointments must be full and effective.

 The Second Judges Case (1993) introduced the Collegium system, holding that
“consultation” really meant “concurrence”. It added that it was not the CJI’s individual
opinion, but an institutional opinion formed in consultation with the two senior most judges
in the Supreme Court.

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 On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case
(1998) expanded the collegium to a five-member body, comprising the CJI and four of his
senior most colleagues.

 The recommendations of the Collegium are binding on the Central Government, if the
Collegium sends the names of the judges/lawyers to the government for the second time.

Issues with collegium

 It is opaque and lacks transparency, with its members working as if in a cabal. Its recent
decision to appoint Justice Dinesh Maheshwari and Justice Sanjiv Khanna, by retracting and
superseding earlier selections of fine judges in their own right, is especially concerning.
 The Collegium is not accountable to any other authority. The lack of a written manual for
functioning, the absence of selection criteria, the arbitrary reversal of decisions already
taken, the selective publication of records of meetings are some of the evidence.

 The decision to create a Collegium in the first place was fraught with concerns. Justice
Krishna Iyer described this judgment as “an egregious fraud on the Constitution”.

 No one knows how judges are selected, and the appointments made raise the concerns of
propriety, self-selection and nepotism.

Search and Selection Committee

 Union Law Minister Kiren Rijiju recently said that although the government had suggested
setting up of a Screening cum Evaluation Committee (SEC) at SC and HC levels to assist the
SC & HCs Collegiums, the same was shot down by the SC judges.

 The constitution of the proposed committee, which SC did not agree had to be tasked with
the work of screening and evaluating relevant material on the suitability of the prospective
candidates and act as a facilitator.

 It was proposed that the Committees may screen and evaluate relevant material on the
suitability of the prospective candidates and would act as a facilitator.

 The decision to make recommendations will continue to be exercised by the respective

Collegiums of the Supreme Court and High Courts.

Merits of committee

 this would pave the way for a more transparent, accountable and expeditious mechanism
for the appointment of judges to the Constitutional Courts.

 The SEC will only recommend candidates in the ratio of 5:1 for the HC and SC collegiums to
then select and forward to the GoI for required consultations.

 After due diligence, the rejection rate should come down dramatically. Being a subordinate
body, the SEC will not in any sense restrict the supreme authority and autonomy of the SC
collegium in the selection of judges.

 It will only institutionalise the search and selection process, making it objective, transparent
and expeditious.

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 With its composition of former judges, academics and other experts, the SEC would
effectively widen the zone of consideration, which, at present, is highly circumscribed.

 It will bring judicial appointments in line with the practice in vogue in the GoI now, where
senior-most appointments in the bureaucracy and regulatory bodies go through search and
selection committees before being recommended to the Appointments Committee of the
Cabinet for final approval.

Demerits

 It could take away the “primacy of the collective opinion of the Chief Justice of India and the
two senior-most Judges of the Supreme Court of India” as their collective recommendation
could be vetoed or “suspended by majority of three non-Judge members”.

 It is feared that the independence of the judiciary in appointing judges of the higher judiciary
is an integral part which can be disturbed.

 The fear that this could act as a kickback system for judges favourable to Government.

 In India, the organic development of civil society has not as yet sufficiently evolved. The
expectation from the judiciary, to safeguard the rights of the citizens of this country, can
only be ensured, by keeping it absolutely insulated and independent, from the other organs
of governance

Way forward

 The need of the hour is to revisit the existing system through a transparent and
participatory procedure, preferably by an independent broad-based constitutional body
guaranteeing judicial primacy but not judicial exclusivity.

o The collegium members have to make a fresh start and engage with each other.
o A transparent process adds accountability that is much needed to resolve the
deadlock.
o Individual disagreements over certain names will continue to take place, but care
must be taken that the institutional imperative of dispensation of justice does not
suffer.

 The new system should ensure independence, reflect diversity, demonstrate professional
competence and integrity.

 The system needs to establish a body which is independent and objective in the selection
process.

o In several countries of the Commonwealth, National Judicial Appointment

Commissions have been established to select judges.

o Such judicial commissions have worked with success in the U.K., South Africa and
Canada.

 Setting up a constitutional bodyaccommodating the federal concept of diversity and

independence of judiciary for appointment of judges to the higher judiciary can also be
thought of as an alternate measure.

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 There should be a fixed time limit for approval of recommendations.

 As of now, instead of selecting the number of judges required against a certain number of
vacancies, the collegium must provide a panel of possible names to the President for
appointment in order of preference and other valid criteria.

 New memorandum of procedure:

o After the Second and Third Judges Cases, a Memorandum of Procedure had been
formulated to govern how the process of how the Collegium would make
recommendations to the Executive.

o The government therefore suggested that a new MOP be drafted and finalized for
appointment of SC judges and the Executive to get a veto over candidates for
national security reasons in this new MOP.

Conclusion

Faced with intense public scrutiny and government pressure, the judiciary’s institutional weaknesses
are being laid bare. These are not simply the moral failings of one individual or the consequences of
the misjudgment of a few. It is another illustration of the institution’s inability to accept its internal
infirmities.

The Constitution mandates the election of the Deputy Speaker of the Lok Sabha soon
after the Speaker is elected. The position of the Deputy Speaker is not merely a
symbolic role, but rather it is an office that is required by the constitution. Comment.
(250 words)
Difficulty level: Moderate
Reference: Indian Express , Insights on India
Why the question:
The present Lok Sabha first met after the election on June 17, 2019. Under Article 83(2) of the
Constitution, the term of the Lok Sabha begins from the day of its first meeting and ends on the day it
completes five years from that date unless it is dissolved earlier. So, the term of the present Lok
Sabha will end on June 16, 2024. It has completed three years and seven months of its term. In June
2024, the 18th Lok Sabha is expected to be elected.
Key Demand of the question:
To write about the process of appointment of the Deputy Speaker and importance of his office.
Directive word:
Comment– here we must express our knowledge and understanding of the issue and form an overall
opinion thereupon.
Structure of the answer:
Introduction:
Begin by mentioning Article 93 of the Indian Constitution.
Body:
First, in detail enumerate the various roles and personalities of the Speaker of the Lok Sabha in the
functioning of our parliamentary democracy.
Next, mention the process of the election of the Deputy Speaker of the Lok Sabha. Shed light on the
convention followed in electing the Deputy Speaker.
Next, give the context of vacancy of over two years in electing the Deputy Speaker. Write about that
importance of the office of Deputy Speaker in the Indian parliamentary proceedings.
Conclusion:

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Conclude by underscoring the need to fill constitutionally mandated positions.

Introduction

Supreme Court sought response from Centre on a Public Interest Litigation (PIL) that contends that
not electing a Deputy Speaker to the 17th (present) Lok Sabha, since 2019, is “against the letter and
spirit of the Constitution".

The post has also been lying vacant in the five state Assemblies including Rajasthan, Uttarakhand,
Madhya Pradesh, Uttar Pradesh, and Jharkhand.

Body

Constitutional Mandate regarding Deputy Speaker

 Article 93 says that the House of the People (Lok Sabha) shall, as soon as may be, choose
two members to be Speaker and Deputy Speaker so often as the offices become vacant.
However, it does not provide a specific time frame.

 Article 178 contains the corresponding position for Speaker and Deputy Speaker of the
Legislative Assembly of a state.

Deputy Speaker: Role and election

 Election: In Lok Sabha, the election of Deputy Speaker is governed by Rule 8 of The Rules of
Procedure and Conduct of Business in Lok Sabha.

o The Deputy Speaker is elected by the Lok Sabha from amongst its members right
after the election of the Speaker. The date of election of the Deputy Speaker is
fixed by the Speaker.

 Time Frame: The election of the Deputy Speaker usually takes place in the second session
and is generally not delayed further in the absence of genuine and unavoidable constraints.

 Term of Office and Removal: Like the Speaker, the Deputy Speaker remains in office usually
for the entire duration of the House (5 years).

o The Deputy Speaker may vacate his/her office earlier in any of the following three
cases:

 If he ceases to be a member of the Lok Sabha.

 If he resigns by writing to the Speaker.

 If he is removed by a resolution passed by a majority of all the then

members of the Lok Sabha. Such a resolution can be moved only after giving
14 days’ advance notice.

 Position of the Deputy Speaker: Under article 95 The Deputy Speaker performs the duties
of the Speaker’s office when it is vacant and acts as the Speaker when the latter is absent
from the sitting of the House. In both the cases, he assumes all the powers of the Speaker.

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o Deputy Speaker is not subordinate to the Speaker. He is directly responsible to the

House. Consequently, if either of them wishes to resign, they must submit their
resignation to the House which implies that Speaker gives resignation to deputy
Speaker.

Position of the Deputy Speaker: Need and significance

 Maintains Continuity: Deputy Speaker maintains continuity of the office whenever speaker
is absent or the office becomes vacant.

 Represents The House: If Speaker resigns, he/she tenders resignation to Deputy Speaker.

o If the post of Deputy Speaker is vacant the Secretary-General receives the letter of
resignation and informs the House about it. The resignation is notified in the
Gazette and the Bulletin, as per the Rules for Presiding Officers of Lok Sabha.

 Strengthens the Opposition: Since 2011, convention has been to offer the position of
deputy Speaker to Opposition party.

o Though Constitutionally, Deputy speaker can be from Opposition or Majority

party.

Conclusion

Centre must swiftly elect the Deputy Speaker and set the tone for all state assemblies to follow suit.
Courts usually don’t intervene in the procedural conduct of Parliament. However, Experts argue that
the courts do have jurisdiction to at least inquire into why there has been no election to the post of
Deputy Speaker since the Constitution does envisage an election “as soon as may be".

The Comptroller and Auditor General of India (CAG) is considered one of the most
important institutions in the Indian government and plays a crucial role in promoting
good governance and ensuring the proper utilization of public resources. Discuss. (250
words)
Difficulty level: Easy
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2 and mentioned as part of
Mission-2023 Secure timetable.
Key Demand of the question:
To write about the powers, functions and responsibilities of Comptroller and Auditor General (CAG) in
India.
Directive word:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Structure of the answer:

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Introduction:
Begin by stating that the Constitution of India provides for an independent office of the Comptroller
and Auditor General of India (CAG) and relevant articles mentioned in the constitution.
Body:
In the first part, write about the major functions of CAG – responsible for auditing and accounting of
all receipts and expenditures of the Government of India and the state governments.
Next, write about its audit functions – performance audits, compliance audits, and financial reviews
of various government programs and initiatives.
Next, write about its reports to uphold transparency and accountability – reports prepared by the
CAG are presented in the Parliament, and the findings are discussed and debated by the Members of
Parliament.
Conclusion:
Conclude by summarising.
Introduction

The Constitution of India provides for an independent office of the Comptroller and Auditor
General of India (CAG) in chapter V under Part V. The CAG is mentioned in the Constitution of India
under Article 148 – 151. He is the head of the Indian Audit and Accounts Department. He is
the guardian of the public purse and controls the entire financial system of the country at both the
levels- the centre and state. His duty is to uphold the Constitution of India and the laws of
Parliament in the field of financial administration.

Body:

CAG and financial administration:

 The existence and mandate of the Comptroller and Auditor General of India emanates from
Articles 148 to 151 of the Constitution. Article 149 stipulates the Duties and Powers of the
Comptroller and Auditor General.

 DPC Act, 1971 (Duties, Powers and Conditions of Service Act)lays down the general
principles of Government accounting and the broad principles in regard to audit of receipts
and expenditure

 CAG audits the accounts related to all expenditure from the Consolidated Fund of India,
Consolidated Fund of each state and UT having a legislative assembly.

 CAG audits all expenditure from the Contingency Fund of India and the Public Account of
India as well as the Contingency Fund and Public Account of each state.

 CAG audits all trading, manufacturing, profit and loss accounts, balance sheets and other
subsidiary accounts kept by any department of the Central Government and the state
governments.

 CAG audits the receipts and expenditure of all bodies and authorities substantially financed
from the Central or State revenues; government companies; other corporations and bodies,
when so required by related laws.

 He submits his audit reports relating to the accounts of the Centre and State to the
President and Governor, who shall, in turn, place them before both the houses of Parliament
and the state legislature respectively.

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 He submits 3 audit reports to the President: audit report on appropriation accounts, audit
report on finance accounts and audit report on public undertakings.

 He ascertains and certifies the net proceeds of any tax or duty and his certificate is final on
the matter.

 He acts as a guide, friend and philosopher of the Public Accounts Committee of the
Parliament.

 The Public Accounts Committee examines public expenditure not only from legal and formal
point of view to discover technical irregularities but also from the point of view of economy,
prudence, wisdom and propriety to bring out the cases of waste, loss, corruption,
extravagance, inefficiency and nugatory expenses.

 CAG along with its mandatory regulatory and compliance audit performs the performance as
well as efficiency audit to question executive’s wisdom and economy in order to identify
cases of improper expenditure and waste of public money.

Constitutional provisions which ensure the independence of CAG are:

 CAG is provided with the security of tenure. He can be removed by the president only in
accordance with the procedure mentioned in the Constitution. Thus, he does not hold his
office till the pleasure of the president, though fie is appointed by him.

 He is not eligible for further office, either under the Government of India or of any state,
after he ceases to hold his office.

 His salary and other service conditions are determined by the Parliament. His salary is equal
to that of a judge of the Supreme Court.

 Neither his salary nor his rights in respect of leave of absence, pension or age of retirement
can be altered to his disadvantage after his appointment.

 The conditions of service of persons serving in the Indian Audit and Accounts Department
and the administrative powers of the CAG are prescribed by the president after consultation
with the CAG.

 The administrative expenses of the office of the CAG, including all salaries, allowances and
pensions of persons serving in that office are charged upon the Consolidated Fund of India.
Thus, they are not subject to the vote of Parliament.

 Further, no minister can represent the CAG in Parliament (both Houses) and no minister can
be called upon to take any responsibility for any actions done by him.

 Appointment and Term to Constitutionals Posts:

o The CAG is appointed by the President of India by a warrant under his hand and seal.

o The CAG, before taking over his office, makes and subscribes before the president
an oath or affirmation: to bear true faith and allegiance to the Constitution of India;
to uphold the sovereignty and integrity of India; to duly and faithfully and to the
best of his ability, knowledge and judgement perform the duties of his office without
fear or favour, affection or ill-will; and to uphold the Constitution and the laws.

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o He holds office for a period of six years or upto the age of 65 years, whichever is
earlier

Conclusion:

CAG helps the parliament/state legislatures hold their respective governments accountable. He is
one of the bulwarks of the democratic system of government in India. It is for these reasons Dr. B R
Ambedkar said that the CAG shall be the most important Officer under the Constitution of India and
his duties are far more important than the duties of even the judiciary.

Statutory, regulatory and various quasi-judicial bodies.

Discuss the powers and functions of SEBI. What are the major issues faced by the
regulatory body for securities and commodity market in India? Suggest reforms that are
needed in its functioning. (250 words)
Difficulty level: Moderate
Reference: Live Mint
Why the question:
Global suspicions that the Adani rout caught Indian regulators either dozing or looking away may
prove costly for our economy.
Key Demand of the question:
To write about the functions and power of SEBI, issues faced by it and possible solutions.
Directive word:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Introduction:
Begin by writing about the aims and objectives of SEBI.
Body:
First, write about the major powers and functions of SEBI – quasi-legislative, quasi-judicial and quasi-
executive. It drafts regulations in its legislative capacity, it conducts investigation and enforcement
action in its executive function and it passes rulings and orders in its judicial capacity.
Next, write about the major issues faced by SEBI in its functioning – lack of independence, reactive
approach, insufficient oversight etc. Cite examples.
Next, write about the measures that are needed to improve the performance of SEBI.
Conclusion:
Conclude by writing a way forward.
Introduction

SEBI is essentially a statutory body of the Indian Government that was established on the 12th of
April in 1992. It was introduced to promote transparency in the Indian investment market. Besides
its headquarters in Mumbai, the establishment has several regional offices across the country
including, New Delhi, Ahmedabad, Kolkata and Chennai.

It is entrusted with the task to regulate the functioning of the Indian capital market. The regulatory
body lays focus on monitoring and regulating the securities market in India to safeguard the interest
of investors and aims to inculcate a safe investment environment by implementing several rules and
regulations as well as by formulating investment-related guidelines.

Body

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Power and functions of SEBI

Being a regulatory body, SEBI India has several powers to perform vital functions. The SEBI Act of
1992 carries a list of such powers vested in the regulatory body. The functions of SEBI make it an
issuer of securities, protector of investors and traders and a financial mediator.

Powers

 SEBI is a quasi-legislative and quasi-judicial body which can draft regulations, conduct
inquiries, pass rulings and impose penalties.

 By Securities Laws (Amendment) Act, 2014, SEBI is now able to regulate any money pooling
scheme worth Rs. 100 cr. or more and attach assets in cases of non-compliance.

 SEBI Chairman has the authority to order “search and seizure operations”. SEBI board can
also seek information, such as telephone call data records, from any persons or entities in
respect to any securities transaction being investigated by it.

 SEBI performs the function of registration and regulation of the working of venture capital
funds and collective investment schemes including mutual funds.
 It also works for promoting and regulating self-regulatory organizations and prohibiting
fraudulent and unfair trade practices relating to securities markets.

Functions

 To protect the interests of Indian investors in the securities market. ,

 To promote the development and hassle-free functioning of the securities market.

 To regulate the business operations of the securities market.

 To serve as a platform for portfolio managers, bankers, stockbrokers, investment advisers,

merchant bankers, registrars, share transfer agents and other people.

 To regulate the tasks entrusted on depositors, credit rating agencies, custodians of

securities, foreign portfolio investors and other participants.

 To educate investors about securities markets and their intermediaries.

 To prohibit fraudulent and unfair trade practices within the securities market and related to
it.

 To monitor company take-overs and acquisition of shares.

 To keep the securities market efficient and up to date all the time through proper research
and developmental tactics

Issues faced by SEBI in recent times

 In recent years SEBI’s role became more complex, the capital markets regulator is at a
crossroads.

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 There is excessive focus on regulation of market conduct and lesser emphasis on prudential
regulation.

 SEBI’s statutory enforcement powers are greater than its counterparts in the US and the
UK as it is armed with far greater power to inflict serious economic injury.

 It can impose serious restraints on economic activity, this is done based on suspicion,
leaving it to those affected to shoulder the burden of disproving the suspicion, somewhat
like preventive detention.

 Its legislative powers are near absolute as the SEBI Act grants wide discretion to make
subordinate legislation.
 The component of prior consultation with the market and a system of review of regulations
to see if they have met the articulated purpose is substantially missing. As a result, the fear
of the regulator is widespread.

 Regulation, either rules or enforcement, is far from perfect, particularly in areas like insider
trading.

 The Securities offering documents are extraordinarily bulky and have substantially been
reduced to formal compliance rather than resulting in substantive disclosures of high
quality.

Reforms needed

 There is need of an attitudinal change, indeed, hundreds of inputs about the market being
full of crooks necessitating a crackdown and severe intervention would be received.

 The foremost objective of SEBI should be cleaning up the policy space in this area of the
market.
 SEBI must give special attention to human resources and matters within the organization.
SEBI must encourage lateral entry to draw the best talent.
 Alignment and fitment of senior employees upon merger of the Forward Markets
Commission into Sebi remains an open area of work.

 Enforcement can be strengthened with continuous monitoring and improving market

intelligence.

 India’s financial markets are still segmented. One regulator can’t be blamed for another’s
failure when the remit over a financial product overlaps.

o In this context a unified financial regulator makes eminent sense to remove both
overlap and excluded boundaries.

Conclusion

While demanding greater financial autonomy, regulators must also show themselves to be
accountable to the public by being more transparent about their financial affairs. SEBI must develop
good market intelligence and preemptively stop the Adani like incidents from affecting trust in
Indian capital market that will drive away investors.

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Salient features of the Representation of People’s Act.

Do you think that setting up of an “independent watchdog” to oversee the electoral
bond system will ensure the much-needed transparency and accountability in the
electoral bond scheme? Critically analyse. (250 words)
Difficulty level: Moderate
Reference: Indian Express , Insights on India
Why the question:
Five years since the Union government launched the electoral bond scheme in 2018 despite certain
objections by the Election Commission (EC), the then Chief Election Commissioner O P Rawat said the
political funding scheme could be improved by appointing an “independent watchdog”.
Key Demand of the question:
To critically analyse the performance of electoral bonds and role of a independent watchdog in
improving transparency.
Directive word:
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Critically analyze – When asked to analyse, you must examine methodically the structure or nature
of the topic by separating it into component parts and present them in a summary. When ‘critically’
is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a
balanced judgment on the topic.
Structure of the answer:
Introduction:
Begin by giving aims and objectives of introduction of electoral bonds.
Body:
In the first part, write about how this instrument of political party funding is aimed to ensure greater
transparency by addressing the issue of anonymous financing. It sought to eliminate black money
from the system.
Next, write about how they have increased opacity instead of increasing transparency and major
issues associated with it.
Next, write about how the independent watchdog can herald transparency in the electoral bond
scheme and also write its limitations.
Conclusion:
Conclude with a way forward to improve transparency with respect to electoral bonds.
Introduction

Electoral bonds will allow donors to pay political parties using banks as an intermediary. Although
called a bond, the banking instrument resembling promissory notes will not carry any interest. The
electoral bond, which will be a bearer instrument, will not carry the name of the payee and can be
bought for any value, in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh or Rs 1 crore.

Body

Findings on Electoral bonds:

 Since its introduction, electoral bonds have become an essential source of financing for all
major political parties.

 Between March 2018 and January 2021, electoral bonds worth Rs 6,514.50 crore were
redeemed by parties.

 While the ruling BJP has managed to receive the lion’s share (60.17%) of political funding
made through the bonds, over half of the total income of all national and regional parties
too was contributed through this method.

 for both the principal political parties, it seems that the quantum of political donations
channelised through cash donations/non-identifiable sources has decreased substantially.

 Instead, today more funds are channelised through the formal banking system. This was
not the case with the earlier system in which half of the political donations were not
traceable as they were made in cash form.

 Viewed from this angle, the electoral bonds scheme is an improvement over the previous
system.

electoral bonds have only legitimized opacity:

 The move could be misused, given the lack of disclosure requirements for individuals
purchasing electoral bonds.

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 Electoral bonds make electoral funding even more opaque. It will bring more and more
black money into the political system. electoral bonds would cause a “serious impact” on
transparency in funding of political parties

 With electoral bonds there can be a legal channel for companies to round-trip their tax
haven cash to a political party. If this could be arranged, then a businessman could lobby for
a change in policy, and legally funnel a part of the profits accruing from this policy change to
the politician or party that brought it about.

 The amendments would pump in black money for political funding through shell companies
and allow “unchecked foreign funding of political parties in India which could lead to Indian
politics being influenced by foreign companies

 Companies no longer need to declare the names of the parties to which they have donated
so shareholders won’t know where their money has gone.

 They have potential to load the dice heavily in favour of the ruling party as the donor bank
and the receiver bank know the identity of the person. But both the banks report to the RBI
which, in turn, is subject to the Central government’s will to know.

Will an independent watchdog be effective to monitor Electoral Bonds

 Ex- Chief Election Commissioner O P Rawat said the political funding scheme could be
improved by appointing an “independent watchdog”.

 A watchdog could look at the data of donors maintained by the State Bank of India, which is
the only bank authorised to sell the bonds, and then present a report to Parliament
annually.
 An impartial watchdog that can give a certificate to Parliament every year that this
information was not shared anywhere, it is accurate and that it confirms no foreign funding
and no shell companies have used the electoral bond route

Possible Lacunae in independent watchdog

 Any policing arrangement can be vulnerable to pressures

 If the watchdog doesn’t have sufficient powers to access and investigate information related
to electoral bonds, then its another redundant body.

Way forward

 This would require a strong legal framework that enables the watchdog to gather and
analyze data, and take enforcement action where necessary.

 The body would need to have a mandate and funding that are separate from the
government, political parties, and other vested interests.

 the watchdog would need to be staffed by qualified and experienced professionals who have
the skills and expertise to monitor and regulate the use of electoral bonds effectively.

Conclusion

The 255th Law Commission Report on Electoral Reforms observed that opacity in political funding
results in “lobbying and capture” of the government by big donors. Various commissions, including
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the Election Commission, have given detailed recommendations on suitable remedies. Public
funding needs to be examined and introduced with proper checks and balances.

The anti-defection law has been criticized for its ineffectiveness in achieving its
objectives. The law has several loopholes leading to political opportunism and instability
in the political system. To make the law more effective, there is a need for stricter
enforcement and addressing the loopholes in the law. Comment. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
After long years of legislative meanderings, Parliament enacted the anti-defection law (10th
Schedule) in 1985 to curb political defection. Years have passed and this promise of political stability
seems to be ending with the anti-defection law facing convulsions in Indian legislatures, especially in
the last five years. The happenings in the State of Maharashtra are an example.
Key Demand of the question:
To write about the shortcomings of the anti-defection law and measures needed to make the law
more effective.
Directive word:
Comment– here we must express our knowledge and understanding of the issue and form an overall
opinion thereupon.
Structure of the answer:
Introduction:
Write about objectives of anti-defection law.
Body:
First, write about various features of anti-defection pertaining to disqualification.
Next, write as to why the anti-defection has been ineffective – lack of strict enforcement, loopholes in
the law, encouragement of horse-trading, political opportunism, and the inability to criticize party
policies. Substantiate with examples.
Next, suggest measures needed to overcome the above limitations and make the law more effective.
Conclusion:
Conclude with a way forward.
Introduction

Defection is “desertion by one member of the party of his loyalty towards his political party” or
basically it means “When an elected representative joins another party without resigning his present
party for benefits”. The institutional malaise is defection and party-hopping is state- neutral, party-
neutral, and politics-neutral.

A five-judge Bench of the Supreme Court of India is presently hearing a set of cases popularly known
as the “Maharashtra political controversy cases”. These cases arose out of the events in June last
year, when the ruling Maha Vikas Aghadi (MVA) coalition (the Shiv Sena, the Nationalist Congress
Party and Congress) lost power after an internal splintering of the Shiv Sena party.

Body

Background

 For a very long time, the Indian political system was impacted by political defections by
members of the legislature. This situation brought about greater instability and chaos in the
political system.

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 Thus, in 1985, to curb the evil of political defections,the 52nd constitution amendment act
on Anti-defection law was passed and the 10th Schedule was added in the Indian
Constitution.

 The main intent of the law was to combat “the evil of political defections” which may be due
to reward of office or other similar considerations.

 The law applies to both Parliament and state assemblies. However, there are several issues
in relation to the working of this law.

 91st Constitution Amendment Act-2003was enacted and was aimed at limiting the size of
the Council of Ministers to debar defectors from holding public offices, and to strengthen
the anti-defection law.

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Flaws of the current Anti-defection law

 Does not prevent Defection: The Anti-defection law has failed to curb “horse trading” and
defection, leading to toppling of governments through machinations of corrupt legislators.

o Eg: The 17-MLA’s of coalition government resigned in Karnataka, leading to change

in government. The 17 MLA’s later contested from the party that formed new
government.

 Wholesale defection: The law prevents individual defections, but not wholesale defections.

o Eg: Congress government in Madhya Pradesh lost majority due to resignations of

MLA’s.

 Against the true spirit of representative democracy:The anti-defection law seeks to provide
a stable government by ensuring the legislators do not switch sides.

o However, this law also enforces a restriction on legislators from voting in line with
their conscience, judgement and interests of his electorate.

 Impedes legislative control on government:The anti-defection law impedes the oversight

function of the legislature over the government, by ensuring that members vote based on
the decisions taken by the party leadership.

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o In short, if legislators are not able to vote on laws independently, they would not act
as an effective check on the government.

o The Anti-Defection Law, in effect, dilutes the separation of powers between the
Executive and the Legislature – and centralises power in the hands of the executives.

 Role of presiding officer of the house:The law lays down that legislators may be disqualified
on grounds of defection by the Presiding Officer of a legislature based on a petition by any
other member of the House.

o However, there are many instances when presiding officers play a part with the
vested interests of a political party/government in power.
o Also, the law does not specify a time period for the Presiding Officer to decide on a
disqualification plea.

o The decision thus is sometimes based on the whims and fancies of the presiding
officer.

 Affects the debate and discussion:The Anti-Defection Law has created a democracy of
parties and numbers in India, rather than a democracy of debate and discussion.

o In this way, it does not make a differentiation between dissent and defection and
weaken the Parliamentary deliberations on any law.

Steps to be taken
 To be used for major decision making:Several experts have suggested that the law should
be valid only for those votes that determine the stability of the government. e.g. passage of
the annual budget or no-confidence motions as recommended by Dinesh Goswami
Committee.
 Non-partisan authority:Various commissions including National Commission to review the
working of the constitution (NCRWC) have recommended that rather than the Presiding
Officer, the decision to disqualify a member should be made by the President (in case of
MPs) or the Governor (in case of MLAs) on the advice of the Election Commission.

 Independent committee for disqualification:Justice Verma in Hollohan judgment said that

tenure of the Speaker is dependent on the continuous support of the majority in the House
and therefore, he does not satisfy the requirement of such independent adjudicatory
authority.

o Also, his choice as the sole arbiter in the matter violates an essential attribute of the
basic feature.

o Thus, the need for an independent authority to deal with the cases of defection.

 Intra-party democracy: 170thLaw Commission report underscored the importance of intra-

party democracy by arguing that a political party cannot be a dictatorship internally and
democratic in its functioning outside.

o Thus, the parties should listen to the opinions of the members and have discussions
on the same. This would give the freedom of speech and expression to its members
and promote inner-party democracy.
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 Limiting Speaker’s discretion: Recent Supreme Court Judgement ruled that Speaker must
decide on disqualification within three months of receiving application. It cannot be the
discretion of the Speaker to take no action.

Conclusion

There is a need to prevent unholy defections that lead to instability in the governance system of the
nation. The current law is clearly flawed and has not effectively curbed defection due to lure of
power and money. There is a need for a more rationalised version of anti-defection laws which will
help establish a truly representative democracy.

Parliament and State legislatures—structure, functioning, conduct of business,

powers & privileges and issues arising out of these.
What are the various options available to the governor with regards to a bill passed by
the state legislature? Critically analyse the various issues with Article 200 of the Indian
constitution. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
Differences between Governor Tamilisai Soundararajan and Mr. Rao came to the fore yet again after
the State government moved the Supreme Court, alleging that the inordinate delays in giving assent
to important Bills by the Governor is leading to a constitutional impasse and also obstructing Bills
passed by both Houses of the legislature in the larger public interest.
Key Demand of the question:
To write about the options available to the governor in regards to bills passed by state legislature
and indefinite delay in granting assent to bills.
Directive word:
Critically analyze – When asked to analyse, you must examine methodically the structure or nature
of the topic by separating it into component parts and present them in a summary. When ‘critically’
is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a
balanced judgment on the topic.
Structure of the answer:
Introduction:
Begin by giving context about article 200.
Body:
First, write about the various options available to the governor in regards to a bill passed by state
legislature – grating assent, withholding assent, returning the bill and reserving it for president.
Next, begin by giving context regarding the indefinite delay in grating assent and give arguments as
to why it is right or wrong. Write abouts the impact of the above.
Next, write about the possible solutions to the above issue.
Conclusion:
Conclude by writing a way forward in order to resolve the tussle between legislature and governor.
Introduction

The makers of the Constitution of India did not anticipate that the office of the Governor, meant
to “preserve, protect and defend the Constitution and the law”, would metamorphose into the
most controversial constitutional office rendering the constitutional praxis rugged.

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On his/ her discretion, the Governor can reserve a bill passed by the state legislature for president’s
assent. However, situations are mentioned in Article 200, when he will reserve the bill, yet he can
use, discretion regarding this matter. Governor has discretion to refuse to sign to an ordinary bill
passed by the state legislature.

Body

Governor’s powers regarding bill passed by state legislature

Article 200 of the Indian Constitution deals with the powers of the Governor with regard to assent
given to bills passed by the State legislature and other powers of the Governor such as reserving the
bill for the President’s consideration.
According to Article 200, when a Bill, passed by the Legislature of a State, is presented to the
Governor, he has the following options:

Ordinary Bills

When a bill is sent to the governor after it is passed by state legislature, he can:

 Give his assent to the bill, or

 Withhold his assent to the bill, or

 Return the bill (if it is not a money bill) for reconsideration of the state legislature.

However, if the bill is passed again by the state legislature with or without amendments, the
governor has to give his assent to the bill or

 Reserve the bill for the consideration of the president. In one case
such reservation is obligatory, that is, where the bill passed by the state legislature
endangers the position of the state high court.When the governor reserves a bill for the
consideration of the President, he will not have any further role in the enactment of the
bill.
o If the bill is returned by the President for the reconsideration of the House or
Houses and is passed again, the bill must be presented again for the presidential
assent only.

o If the President gives his assent to the bill, it becomes an act.

o This means that the assent of the Governor is no longer required.

Money Bill

 Every money bill, after it is passed by the state legislature (unicameral or bicameral), is
presented to the governor for his assent.

 He has three alternatives:

o He may give his assent to the bill, the bill then becomes an act.

o He may withhold his assent to the bill, the bill then ends and does not become an act.

o He may reserve the bill for the consideration of the president.

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 Thus, the governor cannot return a money bill for the reconsideration of the state legislature.

 Normally, the governor gives his assent to a money bill as it is introduced in the state legislature
with his previous permission.

 When the governor reserves a money bill for the consideration of the President, he will not have
any further role in the enactment of the bill.

 If the President gives his assent to the bill, it becomes an Act.

 This means that the assent of the governor is no longer required. The President also cannot
return a money bill for the reconsideration of the state legislature (as in the case of the
Parliament).

Critical analysis of such powers of Governor

 Delays in granting assent:Thegovernors sometimes sat over the Bills without giving assent or
returning the Bills for an indefinite period, even though the Constitution required it to be done
as soon as possible.

o Thegovernors were also taking months together to reserve the Billsfor the assent of
the President even though it was to be done immediately.

o Thiserodes the authority of the legislaturesand the governors, though heads of the
state executive, are appointed by the Union government.

 Exceptional situations: In addition to above illustrated powers, the governor can also reserve
the bill if it is of the following nature:

o Ultra-vires, that is, against the provisions of the Constitution.

o Opposed to the Directive Principles of State Policy.

o Against the larger interest of the country.

o Of grave national importance.

o Dealing with compulsory acquisition of propertyunder Article 31A of the Constitution.

 Case studies
o Tamil Nadu Assembly in September, 2021passed a bill seeking exemption for students
from the state from the National Eligibility cum Entrance Test (NEET) required for
undergraduate medical college admissions.

 This Bill has been with Governor since then without rejection or acceptance.

 Indecision can prove costly.

o Manipur Speaker had not decided on defection, until Supreme Court forced him and
bound him by giving a time frame. Justice can be denied in such cases to those who are
affected.

 Against the spirit of Constitution:Withholding of assent, though an option, is not normally

exercised by Governors because it will be an extremely unpopular step.

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o Besides, withholding assent to a Bill by the Governor, an appointee of the President,

neutralises the entire legislative exercise by an elected legislature enjoying the support
of the people.

Conclusion

Giving assent to a Bill passed by the legislature is a normal constitutional act performed by the
Governor. But of late, even such normal acts have become a source of confrontation between State
governments and the Governors. The conduct of Governors in certain States follows a definite
pattern which causes a great deal of disquiet to elected governments as well as to those who have
faith in the constitutional order.

Under Article 361, the President or a Governor is not answerable to any court for anything done in
the exercise and performance of their powers and duties. But when a Governor does not take any
decision on a Bill which is put up for his assent, he is not acting in exercise and performance of the
duties cast upon him.

Disruptions in Parliament can significantly impact the functioning of government and

the democratic process. Evaluate the impact of such disruptions and suggest measures
needed for the proper and smooth functioning of Parliament. (250 words)
Difficulty level: Easy
Reference: The Hindu , Insights on India
Why the question:
Both Houses of Parliament put together functioned for 345 seconds on March 16, 2023, with the
ruling BJP unrelenting in its demand for an apology from Congress leader Rahul Gandhi and the
Opposition refusing to back down on the call for a joint parliamentary probe into the Adani Group
controversy.
Key Demand of the question:
To write about the impact of parliamentary disruptions and measures needed to overcome the same.
Directive word:
Evaluate – When you are asked to evaluate, you have to pass a sound judgement about the truth of
the given statement in the question or the topic based on evidence. You must appraise the worth of
the statement in question. There is scope for forming an opinion here.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
First, write about the importance of parliamentary debates and discussion to our democracy.
Next, write about the impact of disruptions – delays in legislative work, waste valuable time and
resources, erode public trust, deepen political polarization, and decrease the quality of debates.
Next, write about the measures that are needed to remedy this situation.
Conclusion:
Conclude with a way forward.
Introduction

Disruption has been frequent in Parliament in recent times. Disruption is replacing discussion as
the foundation of our legislative functioning. Both Houses of Parliament put together functioned for
345 seconds on March 16, 2023, with the ruling BJP unrelenting in its demand for an apology from
Congress leader Rahul Gandhi and the Opposition refusing to back down on the call for a joint
parliamentary probe into the Adani Group controversy.

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Body

Reasons for lack of discipline and decorum in legislatures

 Discussion on Matters of Controversy and Public Importance: It appears that a number of

disruptions in Parliament stem from discussions on either listed topics that are
controversial, or unlisted matters that are of public importance.

 The matters such as the Pegasus Project, Citizenship Amendment Act, 2019 are such
examples of causing disruptions.

 Disruptions May Help Ruling Party Evade Responsibility: The maximum number of
disruptions have been found to take place in the Question Hour and the Zero Hour.

 While these disruptions are largely attributable to the behaviour of members of the
opposition, they may also be a consequence of executive action.

 Lack of Dedicated Time for Unlisted Discussion: Disruptions also get triggered due to lack of
adequate time for raising questions and objections in respect of matters that are not listed
for discussion in a particular, or during a particular session.
 Scarce Resort to Disciplinary Powers: Another systemic reason why disruptions are not
effectively prevented relates to the scarce resort to disciplinary powers by the Speaker of
the Lok Sabha and the Chairman of the Rajya Sabha.

 As a result, most members engaging in disorderly conduct are neither deterred nor
restrained from engaging in such conduct.

 Other Reasons: In 2001, a conference was held in the Central Hall of Parliament to discuss
discipline and decorum in legislatures. It identified four reasons behind the disorderly
conduct by MPs.

o Dissatisfaction in MPs because of inadequate time for airing their grievances.

o An unresponsive attitude of the government and the retaliatory posture of the

treasury benches.

o Political parties not adhering to parliamentary norms and disciplining their

members.

o The absence of prompt action against disrupting MPs under the legislature’s rules.

 Party Politics: When a contentious issue crops up, the government dithers on debating it,
leading to Opposition MPs violating the conduct rules and disrupting the proceedings of
Parliament.

 Since they have the support of their parties in breaking the rules, the threat of suspension
from the House does not deter them.

Impact of disruption

 Infringement of Constitutional Right: The right to ask questions flows from Article 75 of
Indian constitution which says that the council of ministers shall be collectively responsible
to the House of the people and people of the country in general.

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 Thus, the curtailment of question hour and zero hour undermines the principle of
parliamentary oversight over executive.

 Hindrance to Representative Democracy: Parliamentary discussion is a manifestation of a

representative kind of democracy in operation, in the sense that representation of the
people directly questions the government on matters of governance.

Way Forward

 Code of Conduct: To curb disorder in Parliament there is a need for strict enforcement of code
of conduct for MPs and MLAs.

 For example, the Lok Sabha has had a simple code of conduct for its MPs since 1952.
Newer forms of protest led to the updating of these rules in 1989.

 The Lok Sabha Speaker should suspend MPs not following such codes and obstructing
the Houses’ business.

 Increasing Number of Working Days: Recommended by the 2001 conference, there should be
an increase in the working days of Parliament. It resolved that Parliament should meet for 110
days every year and state legislative assemblies for 90 days.

 In the United Kingdom, where Parliament meets over 100 days a year, opposition parties
get 20 days on which they decide the agenda for discussion in Parliament. Canada also
has a similar concept of opposition days.

 Democratic Participation: Not all disruptions in the Parliament are necessarily counter-
productive. Thus, the government of the day needs to be more democratic and allow the
opposition to put their ideas in free manner.

 Proposals in Individual Capacity:

 In 2019, Rajya Sabha Deputy Chairperson mooted an idea of evolving a ‘Parliament
Disruption Index’ to monitor disruptions in Parliament and state legislature.
 In the Lok Sabha, some members proposed automatic suspension of members who
cause disruption and rush to the Well of the House.

 But the proposals are still in a nascent stage.

 Productivity Meter: The overall productivity of the session also can be studied and disseminated
to the public on a weekly basis.
 For this, a “Productivity Meter” could be created which would take into consideration
the number of hours that were wasted on disruptions and adjournments and monitor
the productivity of the day-to-day working of both Houses of Parliament.

Conclusion

Democracy is judged by the debate it encourages and sustains. More strengthening of the
Parliament is the solution to prevent disruption of its proceedings. There should be a deepening of
its role as the forum for deliberation on critical national issues.

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Structure, organization and functioning of the Executive and the Judiciary—

Ministries and Departments of the Government; pressure groups and
formal/informal associations and their role in the Polity.
Critically analyse the e-courts project in enhancing Indian legal system’s efficiency and
effectiveness. Can this be a solution to huge backlog of cases? (250 words)
Difficulty level: Moderate
Reference: Live Mint , Insights on India
Why the question:
The Union budget for 2022-23 has a generous outlay of ₹7,000 crore for the third phase of the e-
courts project administered by the e-committee of India’s Supreme Court in partnership with the
ministry of law and justice.
Key Demand of the question:
To write about the e-courts project, its strength and limitations.
Directive word:
Critically analyze – When asked to analyse, you must examine methodically the structure or nature
of the topic by separating it into component parts and present them in a summary. When ‘critically’
is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a
balanced judgment on the topic.
Structure of the answer:
Introduction:
Begin by giving aims and objectives of e-courts project.
Body:
First, write about the major features of e-courts project – electronic access to court proceedings, case
management, and related services.
Next, bring out the major advantages associated with it – digitizing court records, creating a
centralized database of cases, and enabling online filing of cases and e-payment of court fees. Write
about the role of e-courts reducing judicial backlogs.
Next, write about the major shortcomings of the above and ways to overcome them.
Conclusion:
Conclude with a way forward.
Introduction

e-Courts project as part of virtual judiciary was conceptualized on the basis of the “National Policy
and Action Plan for Implementation of Information and Communication Technology (ICT) in the
Indian Judiciary – 2005” submitted by eCommittee, Supreme Court of India with a vision to
transform the Indian Judiciary by ICT enablement of Courts. The e-Committee of the Supreme Court
of India recently released its draft vision document for Phase III of the e-Courts project. Phases I and
II had dealt with digitisation of the judiciary, i.e., e-filing, tracking cases online, uploading judgments
online, etc.

The Union budget for 2022-23 has a generous outlay of ₹7,000 crore for the third phase of the e-
courts project administered by the e-committee of India’s Supreme Court in partnership with the
ministry of law and justice.

Body:

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Advantages of online dispute resolution to the Indian judiciary:

 The key advantages of establishment of Electronic Courts in India is bringing in a justice

serving mechanism that is transparent, efficient, affordable, time saving, protects the
interests of witnesses, reduces the backlog of pending casesand most importantly reduces
the number of unscrupulous activities.
 Entire information related to a particular case would be available online. It would be
available to the attorneys, parties and the general public through the help of internet.

 Registered attorneys can file their case document directly from their home or office. They do
not have to worry about postage, traffic congestion or messenger services. They can create a
docket sheet and update it immediately, when the documents are filed.

 With the help of internet, the documents of a case can be accessed easily from anywhereat
any time.

 E-courts would help in the computerization of work flow management in courts. Thus, it
would help to create a better court and case management.

 Video conferencing facilitieswould be installed in every court complex. Evidence of

eyewitness, who are unable to attend the court can be recorded through this method.

 The information would not be misplacedas all the information regarding the case would be
carefully recorded and stored. Data keeping would include maintaining the records of e-file
minute entries, bail orders, warrants etc.

 In many cases, the witnesses are not able to come to the courtand make their statement as
the other party is too strong and scares them of the consequences. e-Courts can help in
dealing with such cases.

Challenges posed by e-Courts project:

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 E-courts in India is an endless and complicating process. The process of e-filing a document
is a difficult process. All the evidence cannot be produced in a digital format.

 Virtual Courts witness technical interruptions during hearings owing to poor connectivity,
echoes and other disruptions.

 Other issues might involve the litigant’s lack of confidence in the process due to lack of
proximity.

 Hackers are getting strongerwith every passing day. The possibility of e-Courts getting
hacked in such a case cannot be denied.

 Several individuals and organisations have warned against the zeal of the data collection
exercisescontemplated by the draft proposal. The “seamless exchange of information” relies
on large-scale gathering and sharing of data.

 Challenges can erupt due to insufficient infrastructure and non-availability of electricity and
internet connectivity in most of the Talukas/villages.

 Targeted Surveillance:there has been a dangerous trend towards creating a 360-degree

profile of each person by integrating all of their interactions with government agencies into
a unified database.

 No clear explanationhas been offered for why the Home Ministry needs access to court
data that may have absolutely no relation to criminal law. This process serves no purpose
other than profiling and surveillance.

 The paralegal staff is not well equipped and trained to effectively handle document or
record evidence, and make them readily accessible to the litigant, to the council as well as to
the court.

Measures needed:
 There is a need to address data privacy and data security concerns while developing a new
platform for India’s judicial system.

 Infrastructure needs to be updated with sufficient machinery and data connectivity to

provide virtual proceeding.

 A user-friendly e-courts mechanism can be developed, which is simple and easily accessible
by the common public, which will encourage litigants to use such facilities in India.

 Creating awareness around e-courts through talks and seminars can help bring to light the
facilities and the ease that e-courts can facilitate.

 One aspect that needs to be focused on is the deployment of a robust security system that
provides secure access to case information for appropriate parties. The security of e-courts
infrastructure and system is of paramount importance.

 Also, user friendly e-courts mechanism, which is simple and easily accessible by the common
public will encourage litigants to use such facilities in India.

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 The government must also make dedicated efforts in the training of personnel to maintain
all the e-data.

 Also, conducting training sessions to familiarize the Judges with the e-courts framework and
procedure can give a huge impetus to the successful running of e-courts.

Way forward for Indian litigation and arbitration:

 In India, a significant amount of time is spent in resolving disputes which has been the real
bane of the Indian judiciary system.

 The e-courts project, if implemented, would go a long way in saving costs and time for the
litigants.

 The present government is taking active steps to establish e-courts all over India. All these
government efforts will result in providing quick and cost effective solutions to the litigants.

 The judiciary system in India with the help of e-courts can overcome the challenges and
make the service delivery mechanism transparent and cost efficient.

 Further, the e-court project also requires the executive and the judiciary to reaffirm their
resolve to support a speedy, efficient and quality justice delivery in the country.

 It is also important to discuss steps required to surmount the various challenges facing the
justice system.

Value Addition:

The Supreme Court passed directions for all courts across the country to extensively use video-
conferencing for judicial proceedings saying congregation of lawyers and litigants must be suspended
to maintain social distancing amid the coronavirus pandemic.

The Covid-19 pandemic continues to challenge traditional services’ delivery, including access to
justice and effective justice delivery. Given the worrying situation in terms of pendency and time
taken for resolution of disputes, the pandemic has led to introspection and an immediate pivot to
fast-tracking innovation led by technology. Despite some hiccups, the Supreme Court and High Courts
have been able to function online. This was made possible by the e-Courts project, monitored by
the e-Committee of Honourable Supreme Court.

Critically analyse the performance of India in its two-year stint as a member of United
Nations Security Council (UNSC). Based on its performance, do you think India is ready
for the permanent membership of UNSC? State your opinion. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
India concluded its eighth stint in the United Nations Security Council (UNSC) at the end of December
2022. And, by any yardstick, its two-year stint has been unprecedented.
Key Demand of the question:
To write about the achievements and limitations of India in its stint as non-permanent member of
UNSC and to comment on its credentials for a permanent membership.
Directive word:
Critically analyze – When asked to analyse, you must examine methodically the structure or nature
of the topic by separating it into component parts and present them in a summary. When ‘critically’
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is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a
balanced judgment on the topic.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
First, write about the major achievements of India in its two-year stint at UNSC.
Next, write about the limitation of India in the above.
Next, write about the reasons that lend credibility to India’s claims to permanent membership of
UNSC.
Conclusion:
Conclude with a balanced opinion.
Introduction
India concluded its eighth stint in the United Nations Security Council (UNSC) at the end of
December 2022. And, by any yardstick, its two-year stint has been unprecedented. Moreover, in the
UNSC, India has sought to prioritise the primacy of a political approach to resolve crises through
dialogue and negotiation.

Body

Achievements of India at UNSC

 Maritime security: The Prime Minister of India chaired for the first time a UNSC meeting on
maritime security. The Presidential Statement issued was the first holistic document on this
issue which, for the first time, had a direct reference to UN Convention on the Law of the
Sea as international law setting out the legal framework in the context of maritime activities.
o It also called for, inter alia, freedom of navigation, anti-piracy and combating terror
and transnational crime at sea.
 Myanmar issue: There was a military takeover in Myanmar on February 1, 2021 soon after
we came into the Council. The Permanent-5 (P-5) were pulling in opposing directions while
the Association of Southeast Asian Nations (ASEAN) counselled caution.
o India shares a nearly 1,700 kilometre-long border with Myanmar and it was vital to
stop violence, bring in stability and ensure democratic processes went forward. India
ensured balanced and comprehensive Council pronouncements, which finally
culminated in a resolution on Myanmar (adopted under our presidency) in
December 2022.
 Taliban and cross-border terrorism: In August 2021, the Taliban forcefully seized power in
Afghanistan. India was able to steer the negotiations which resulted in UNSC Resolution
2593 laying down benchmarks: on stopping cross-border terrorism from Afghan soil,
including from proscribed UN terrorist entities in Pakistan.
 Russia-Ukraine war: It was during the Ukraine conflict that India’s independent stand calling
for dialogue and peace struck a chord with many developing countries, since they
themselves were affected by unilateral sanctions. All levers were being weaponised. India
spoke out against such sanctions inter alia on oil, food and fertilizers. With this conflict
spilling over into India’s G-20 Presidency, it is time for India, as a credible voice, to launch an
initiative to convert its proactive position into action.
 Peacekeeping: In August 2021, India piloted the first UNSC resolution in more than five
decades, calling for accountability for crimes against peacekeepers. India gifted two lakh
vaccines to all UN peacekeepers.

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 Climate Change: In December 2021, India thwarted a move by the West to wrest climate
change from the UN Framework Convention on Climate Change-led process and bring it
under the ambit of the UNSC, where the P-5 are also major historical polluters. The draft
resolution was defeated in the Council when India and Russia voted against.

Challenges faced

 While India’s attempt to list terrorists under UNSC Resolution 1267 sanctions (along with the
U.S.) was thwarted, in a significant development, the proposal to list Abdul Rehman Makki,
Deputy Amir/Chief of the Lashkar-e-Taiba was approved by the UNSC. This listing was the
first, with India as a proposer.
 China factor: China is one of the five permanent members of the UNSC and has been using
its veto power to block India’s efforts to become a permanent member of the body
 The opposition by China, could be further complimented by India’s assertion with China on
Border issues and India’s opposition to China’s Belt & Road Initiative
 Further, India still heavily relies on weaponry imports from US and Russia for its military
requirements; which questions its abilities to operate beyond the Indo-pacific region.

Conclusion
As an elected non-permanent member of the UNSC, India has always played an active role in
discussions on all issues related to international peace and security. From its first membership in
1950–51 to its current term (2021– 22) in the UNSC, India has embraced certain principles: non-use
of force; respect for sovereignty, independence, and territorial integrity of states; and peaceful
settlement of disputes.

Appointment to various Constitutional posts, powers, functions and

responsibilities of various Constitutional Bodies.
How are the Election Commissioners appointed in India? There have been calls for an
independent mechanism for appointment of Election Commissioners outside the
exclusive power of the government. Do you think there is a need for it? Comment. (250
words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
A Constitution Bench on Thursday is scheduled to pronounce its judgment on petitions seeking an
“independent mechanism for appointment of Election Commissioners” outside the exclusive power of
the government.
Key Demand of the question:
To write about the process of appointment of Election commissioners and need for a independent
body to appoint them.
Directive word:
Comment– here we must express our knowledge and understanding of the issue and form an overall
opinion thereupon.
Structure of the answer:
Introduction:
Begin by writing about Article 324 to 329.
Body:
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First, write about the mechanism of appointment of election commissioners in India.

Next, write about the various issues in the appointment of election commissioners in India – fast
pace, opaque, no proper criteria, no discussions etc.
Next, write about the need for an independent mechanism for appointment of Election
Commissioners. Write about its pros and cons.
Conclusion:
Conclude with a balanced opinion.
Introduction

For the conduct of free and fair elections an independent Election Commission has been provided
for in Article 324. The Election Commission of India (ECI) has earned public trust due to its exemplary
work as an independent and neutral authority. This achievement has been made possible because
as a constitutional authority, the ECI’s autonomy is guaranteed and its functioning insulated from
the interference of the executive and judiciary.

The Supreme Court has now given the Opposition and the judiciary a say in the matter, ruling that
the CEC and ECs must be appointed by the President on the advice of a committee comprising the
PM, Leader of Opposition in Lok Sabha, and the Chief Justice of India.

Body

Appointment of Election Commissioner

 The election commission shall consist of the Chief Election Commissioner and a such number
of other election commissioners, if any, as the president may from time to time fix.

 The appointment of the chief election commissioner and other election commissioners shall
be made by the President of India.

 The President makes the appointment on the advice of the Union Council of Ministers
headed by the Prime Minister.

 They have tenure of six years, or up to the age of 65 years, whichever is earlier.

 They enjoy the same status and receive salary and perks as available to Judges of the
Supreme Court of India.

Issues with the appointment

 The Constitution does not lay down a specific legislative process for the appointment of the
CEC and ECs.

 Appointments to the Election Commission are currently the central government’s

prerogative.

 Currently, the Executive enjoys the power to make appointments that affect the
ECI’s independenceand make the process of appointing election commissioners partial and
biased.

 There have been instances where ECI’s unwillingness to censure the ruling party’s
leadersfor violating the Model Code of Conduct while pulling up Opposition leaders during
the 2019 general election.

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 The Constitution has neither prescribed the qualification of the members of the ECI nor
specified the terms of the members of the ECI.

 The Constitution has not debarred the retiring election commissioners from any further
appointment by the government.

Way forward

 A CEC of the calibre of TN Sheshan is required to ensure free and fair elections and to
strengthen democracy in India. Though such personalities appear occasionally,
appointments based on merit can provide close to one.

 There is no reason to change the arm’s length relationship, which the judiciary has respected
and maintained with the ECI previously.

 Allow Parliament to decide and debate whether to include the CJI or the Leader of the
Opposition on the appointment panel.

 The ECI should be insulated from political and/or executive interferenceto prevent any kind
of manipulation in the selection process.

Conclusion

The ECI ensures the smooth and successful functioning of the democracy. It cannot become
arbitrary and partisan as that will lead to the failure of democracy. The ECI needs to continuously
reinvent its powers given to it under the Indian Constitution for better functioning. The integrity
and independence of the ECI and its process needs to be preserved for a free and fair election in
India and to maintain the public’s faith and confidence in the Election Commission of India.

Government policies and interventions for development in various sectors and

issues arising out of their design and implementation..
Critically examine the performance of Production-linked Incentive (PLI) scheme that has
been launched for various sectors as a game changer, leading to transformation of India
into a manufacturing hub and reducing its burgeoning trade deficit. (250 words).
Difficulty level: Tough
Reference: Indian Express
Why the question:
India’s robust export performance has made a critical contribution to its economic growth in recent
times. Despite global economic woes, India’s overall exports, merchant and services combined, grew
at 17.33 per cent to $641 billion during April-January 2022-23 compared to $547 billion during the
same period last year.
Key Demand of the question:
To write about the performance of Production-linked Incentive (PLI) scheme, its successes and
limitations.
Directive word:
Critically examine – When asked to ‘Examine’, we have to look into the topic (content words) in
detail, inspect it, investigate it and establish the key facts and issues related to the topic in question.
While doing so we should explain why these facts and issues are important and their implications.
When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the
topic and give a fair judgment.
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Indian Constitution—historical underpinnings, evolution, features, amendments,

significant provisions and basic structure.
The Basic Structure Doctrine acts as a safeguard against potential threats to
constitutional democracy in India. Examine. (250 words)
Difficulty level: Easy
Reference: Indian Express , Insights on India
Why the question:
The article argues that the Basic Structure Doctrine, which holds that certain fundamental features of
the Constitution cannot be amended, played a crucial role in preventing the erosion of fundamental
rights during the Emergency in India in the 1970s.
Key Demand of the question:
To write about the importance of doctrine of basic structure and its criticism.
Directive word:

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Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect
it, investigate it and establish the key facts and issues related to the topic in question. While doing so
we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
To write about the importance of doctrine of basic structure.
Body:
First, write about the various features of doctrine of basic structure – rule of law, parliamentary form
of government, secularism etc.
Next, write about how the above is important in upholding the supremacy of the Constitution and
preventing authoritarian rule by a single party.
Next, write a critique of the basic structure doctrine.
Conclusion:
Conclude by writing a balanced opinion.
Introduction

The Doctrine of Basic structure, one of the most important examples of judicial activism is the result
of the creative interpretation of the constitution by the judiciary. It was given by the 13-judges
bench of the Supreme Court in the Keshavananda Bharti case (1973), and was aimed at defining the
scope of the amending power of the Parliament. It is a doctrine to examine the constitutional
validity of constitutional amendment.

Body

Interpretation and relevance of Basic Structure Doctrine

 The emergence of doctrine of ‘Basic structure’ marked asignificant shift in the role of
judiciary from practice of constitutional interpretation to a creative role where judiciary go
beyond the written provisions of the constitution.

 As per the Indian constitution, Parliament has been given the constituent power to amend
the constitution according to the changing needs & aspirations.

o Being a dynamic or organic constitution, aimed at achieving a certain goal of social

revolution the Indian constitution mentions special procedure for its amendment.

o It means that there is no explicit limitation on the amending power of the

Parliament; expect procedural limitations as given in Art 360.

 However, in the Keshvananda Bharti Case (1973), on the question whether the amending
power of the Parliament isunlimited and absolute,the Supreme Court held that the
amending power is limited to the extent that it doesn’t alter the ‘Basic Structure’ of the
constitution.

 The court held that the word ‘amend’ under Art 368 means only changes other than altering
the basic features of the constitution,which would amount to making or writing a new
constitution.
 In this way, the Supreme Court, whilegiving primacy to the unwritten feature of the
constitution introduced a ‘substantive limitation’ on the amending power of the
Parliament.

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 However, the judgment of the Supreme Court inventing a new doctrine of the ‘basic
structure’ has been subjected to intense academic debate.

o The opponents of the judgement claimsthat the judiciary has gone for the
metaphysical approach rather than the legal approach of what is written.

o They argue that if the government was destroying the constitution, the judiciary has
gone to the extent of creating the constitution.

 On the other hand, the proponents of the decision argue that judiciary has protected the
sanctity of the constitution.

Significance of Basic Structure Doctrine

 The basic structure doctrine is a testimony to the theory of Constitutionalismto prevent the
damage to essence of COI by brute majority of the ruling majority.

 The basic doctrine saved the Indian democracyas it acts as a limitation of constituent power
or else unlimited power of parliament might have turned India into a totalitarian

 It helps us to retain the basic tenets of our constitutionso meticulously framed by the
founding fathers of our Constitution.

 It strengthens our democracy by delineating a true separation of power where Judiciary is

independent of other two organs. It has also given immense untold unbridled power to
Supreme Court and made it the most powerful court in the world
 By restraining the amending powers of legislative organ of State,it provided basic Rights to
Citizens which no organ of State can overrule.

 Being dynamic in nature,it is more progressive and open to changes in time unlike the rigid
nature of earlier judgements.

Conclusion
Zia Modi, in her book ‘The Ten Judgments that changed India’, has given following
arguments- Although the judiciary was wrong from the academic point of view, but from the
practical point of view, it was the need of the time in the Indian context. (ii) It has proved to be a
blessing in disguise as it has checked authoritarianism of the government. This has stopped India
from going on the path of the other Third World countries.

Value addition

Evolution

 Origin of debate: The question whetherFundamental Rights can be amended by the

Parliament underArticle 368 came for consideration of the Supreme Court within a year of
the Constitution coming into force.

 Shankari Prasad case (1951): The constitutional validity of theFirst Amendment Act
(1951), whichcurtailed the right to property, was challenged. The Supreme Court ruled that
the power of the Parliament to amend the Constitution under Article 368 also includes the
power to amend Fundamental Rights. The word ‘law’ in Article 13 includes only ordinary
laws and not the constitutional amendment acts (constituent laws).

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o Therefore, the Parliament can abridge or take away any of the Fundamental Rights
by enacting a constitutional amendment act and such a law will not be void under
Article 13.

 Golak Nath case (1967): The Supreme Court reversed its earlier stand. In that case, the
constitutional validity of theSeventeenth Amendment Act (1964), which inserted certain
state acts in the Ninth Schedule, was challenged.

o The Supreme Court ruled that the Fundamental Rights are given a ‘transcendental
and immutable’ position and hence, the Parliament cannot abridge or take away any
of these rights.

o A constitutional amendment act is also a law within the meaning of Article 13 and
hence, would be void for violating any of the Fundamental Rights.

 24thAmendment Act 1971: The Parliament reacted to the Supreme Court’s judgement in the
Golak Nath case (1967) by enacting the 24 th Amendment Act (1971). This Actamended
Articles 13 and 368.

o It declared that the Parliament has the power to abridge or take away any of
theFundamental Rights under Article 368 and such an act will not be a law under
the meaning of Article 13.

 Kesavananda Bharati case: However, in the Kesavananda Bharati case (1973), the
SupremeCourt overruled its judgement in the Golak Nath case (1967).It upheld the validity
of the 24th Amendment Act (1971) and stated that Parliament is empowered to abridge or
take away any of the Fundamental Rights.

o At the same time, it laid down a new doctrine of the ‘basic structure’ (or ‘basic
features’) of the Constitution.

o It ruled that the constituent power ofParliament under Article 368 does not enable
it to alter the ‘basic structure’ of the Constitution.

o This means that the Parliamentcannot abridge or take away a Fundamental

Right that forms a part of the‘basic structure’ of the Constitution.

Explain the meaning of “fraternity” as it appears in the preamble of our Constitution

and why the founding fathers included it. Do you believe that the concept of fraternity
is more important now than ever before in our country? (250 words)
Difficulty level: Tough
Reference: The Hindu , Insights on India
Why the question:
The Constitution of India was drafted by the Constituent Assembly. The idea was initially proposed in
December 1934 by M.N. Roy, a pioneer of the Communist movement in India and an advocate of
radical democracy. It became an official demand of the Indian National Congress in 1935 and was
officially adopted in the Lucknow session in April 1936 presided by Jawaharlal Nehru, who also
drafted the Objectives Resolution. The proceedings of the Constituent Assembly show the richness of
ideas that characterised it. The Drafting Committee was presided over by B.R. Ambedkar.
Key Demand of the question:
To explain Fraternity and the reasons as to why it was included in the constitution and to comment
on its relevance in the present day.
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Directive word:
Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the
context. You must be defining key terms wherever appropriate and substantiate with relevant
associated facts.
Structure of the answer:
Introduction:
Start by defining Fraternity.
Body:
Write about how Fraternity mentioned in the constitution has been interpreted in India. Fading of
divisions of caste and religion, ideology of friendship, mutual respect, despite all our differences, of
religious belief, caste, language, culture, ethnicity, class and gender which leads to unity of the
nation.
Mention the reasons why constitutional makers chose to include Fraternity in our preamble.
Especially the arguments of Dr B.R Ambedkar in this context.
Write about the relevance of fraternity in the present day, especially in the times of pandemic.
striving for a just and humane society, collective caring, social protection and reducing intolerance
and communalism etc.
Conclusion:
Summarise the importance of Fraternity as the conclusion.
Introduction
According to Dr. Ambedkar “Fraternity means a sense of common brotherhood of all Indians — of
Indians being one people. It is the principle which gives unity and solidarity to social life,”. No one
should treat a fellow citizen as inferior. While the morals of Preamble like- Justice, Equality, Liberty
have been explicitly and implicitly ensured through Fundamental Rights, Directive Principles and
other constitutional provisions, this is not the case with Fraternity.

Body

Fraternity in Indian Context

 The concept of Fraternity signifies moral obligations rather than rights, an obligation to
treat fellow human beings justly and respectfully. It implies placing social cohesion above
individual identity.

 The Constitution views fraternity significantly as a source of affirming “the dignity of the
individual” and the “unity” of the nation.

 The former is accomplished by recognising the moral equality of individuals, upheld through
mutual respect, despite all our differences, of religious belief, caste, language, culture,
ethnicity, class and gender.

 Both Ambedkar and the Constitution derive the unity of the nation from fraternity. Not from
forcing minorities to adhere to majoritarian principles, but instead a sense of mutual
belonging and respect that transcends all other differences between the people.

 Fraternity is both a way of feeling, and a political principle.

 The idea of fraternity is closely linked to that of social solidarity, which is impossible to
accomplish without public empathy;the daily, lived realisation that human beings who look
different, wear different clothes, worship different gods, speak different languages, have
different political persuasions, actually have exactly the same intrinsic human dignity, and

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experience the same emotions—dreams, hopes, despair, pain, happiness, anger, love,
triumphs and defeats—that we all do

 India which is divided on the basis of caste, which Ambedkar termed as anti-national, must
overcome this hurdle to become a nation. Without fraternity, equality and liberty will be no
deeper than coats of paint.

 Dignity of Individuals by maintaining material betterment of individual and democratic

setup.

 Sense of common brotherhood transcending religion, language, regional or sectional

diversities(Article 51A). This is to be promoted through single citizenship.
 The Supreme Court , as the ultimate protector and interpreter of our Constitution, has also
invoked the principle of fraternity, though less frequently than the invocation of liberty and
equality.

 “Fraternity”, thus, implies the acknowledgement that we share our space, our existence with
others, including individuals of another family, tribe, group, race, or religion, who have been
in India for ages, who have lived and died here, have made India what it is, a country of
improbable diversity, multiplicity of religions and culture.

Relevance of fraternity in contemporary India:

 Our Constitution makers discussed about fraternity 75 years ago and their views seem
relevant to a present India.

 There is simultaneously a precipitous decline in the civility of our public discourse, in which
hectoring and blighting one’s adversaries are seen as markers of high oratory and political
muscularity. These together constitute in India a grave threat to our constitutional values,
and most of all to fraternity.
 Incidents such as communal violence during 2002 Gujarat riots, ongoing Citizenship
Amendment Act protest and violence, North-South divide based on languages, and other
social disturbances due to differences in diversity and inability to come to common terms for
living in harmony are common.

 Still secessionist movements persist like demand for Greater Nagalim, lack of unified polity
manifested in temporary provisions for certain states like Article 371, border disputes,
especially with Pakistan and China. At psychological level issues include communalism,
regionalism, linguism etc.

 In a nation where citizens are lynched for their choice of food or communities argue for
cultural/religious practices to precede constitutional guarantees, we need to adopt a way of
life wherein we live the value of fraternity – our success as a nation depends on this.

 The idea of fraternal relations does not exist in a vacuum, it is instead the foremost pillar on
which a functioning democracy rests and we have somehow glossed over it entirely. In that
respect, as we enter the 75th year of our independence, we need a re-imagination of
community relations.

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 The focal point of this re-imagination has to be fraternity, providing adequate shared spaces
to empathise, evolve and foster a composite culture based on Constitutional and
humanitarian ideals.

 Otherwise, we will be proving Ambedkar’s fears right: “Democracy is just a top dressing on
the Indian soil which is essentially undemocratic.”

 Thus, Fraternity is the most radical and important idea of our times, the necessary
foundation to fight all the world’s injustices, hate and inequalities.

Conclusion

A fine example of what fraternity can accomplish in times of hate was offered in the last months of
Mahatma Gandhi’s life, which were surely his finest hour. In these months, he cemented powerfully
the foundations of India as a humane, inclusive, secular country. He showed us the possibilities of
fraternity to imagine – and live – a different India.

Fraternity is an important element for a strong nation-state that encompasses diversity as large as
that of India’s. This had been cherished during nationalist freedom struggle also reminded
by 42nd Constitutional Amendment Act by adding the word integrity.

Parliament and State legislatures—structure, functioning, conduct of business,

powers & privileges and issues arising out of these.
The decrease in the number of Lok Sabha sessions has a detrimental effect on
parliamentary democracy and there is an urgent need for the legislature to function
effectively. Critically examine. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
The 17th Lok Sabha, which is entering its final year, has functioned for 230 sitting days so far. Of all
the Lok Sabhas that completed the full five-year term, the 16th Lok Sabha had the lowest number of
sitting days (331). With one more year remaining, and 58 average sitting days a year, the 17th Lok
Sabha is unlikely to sit for more than 331 days. This could make it the shortest full-term Lok Sabha
since 1952.
Key Demand of the question:
To write about the impact of parliamentary disruptions and measures needed to overcome the same.
Directive word:
Critically examine – When asked to ‘Examine’, we have to look into the topic (content words) in
detail, inspect it, investigate it and establish the key facts and issues related to the topic in question.
While doing so we should explain why these facts and issues are important and their implications.
When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the
topic and give a fair judgment.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
First, write about the importance of parliamentary debates and discussion to our democracy.
Next, write about the impact of disruptions – delays in legislative work, waste valuable time and
resources, erode public trust, deepen political polarization, and decrease the quality of debates.

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Next, write about the measures that are needed to remedy this situation.
Conclusion:
Conclude with a way forward.
Introduction

Parliament is the most important symbol of Indian democracy. It is through summoning the House
and calling MPs to participate in legislative and other business through discussion, debates,
committee dispensations, and other mechanisms that Parliament enables the citizens of the country,
through their representatives, to participate in decision-making and hold the government to
account.

Body

background

 The 17th Lok Sabha, which is entering its final year, has functioned for 230 sitting days so far.
Of all the Lok Sabhas that completed the full five-year term, the 16th Lok Sabha had the
lowest number of sitting days (331).
 With one more year remaining, and 58 average sitting days a year, the 17th Lok Sabha is
unlikely to sit for more than 331 days.

 This could make it the shortest full-term Lok Sabha since 1952.

 The Budget Session of Parliament for 2021 ended two weeks before the planned time due to
involvement of political leaders in campaigning for the state assembly elections.

 The Budget session of 2020 was also curtailed due to nationwide lockdown imposed due to
the

 The 18 days Monsoon session in 2020 also lasted for only 10 days while the winter session
was cancelled.

Importance of parliamentary debates and discussion to our democracy

 Parliamentary debates indirectly contribute to the quality of democratic decisions.

 Debates involve deliberations over diverse perspectives which enable selection of most
widely accepted views. The very existence of debates can be seen as a system for monitoring
elected officials.
 It allows MPs to voice the concerns and interests of their constituents, and they can also
speak about issues brought to their attention by the public.

 Parliamentary debates help the courts to comprehend the intent and object of the laws in a
better way. The burden of the courts while interpreting or implementing the laws is less.

 They have a clear picture of the purpose behind the making of a particular law and what the
legislature thought while making the law.

 The Opposition performs its duties of holding the government accountable via Parliamentary
debates and discussions. These debates help to implement the accountability process,
forcing ministers to speak, to listen to criticisms and to answer them.

Impact of disruptions
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 Reduced working hours of Parliament: The Parliament working hours are getting reduced
day by day.

 Disruptions May Help Ruling Party Evade Responsibility: The maximum number of
disruptions have been found to take place in the Question Hour and the Zero Hour.

 While these disruptions are largely attributable to the behaviour of members of the
opposition, they may also be a consequence of executive action.

 Frequent Adjournment of Parliament sessions: In recent times, Parliament sessions are

adjourned frequently. This hampers the work of Parliament.

 Lack of Dedicated Time For Unlisted Discussion: Disruptions also get triggered due to lack of
adequate time for raising questions and objections in respect of matters that are not listed
for discussion in a particular, or during a particular session.

 Resort to money Bill route: Several key pieces of legislation have been passed as Money
Bills, despite the fact that they did not fit this category.

 Contentious issues not debated: When a contentious issue crops up, the government
dithers on debating it, leading to Opposition MPs violating the conduct rules and disrupting
the proceedings of Parliament.

 Less scrutiny of Bills: Most of the bills were passed without any scrutiny, as they were
passed in the same session in which they were introduced.

 Lack of Parliamentary debate: For instance, in the recent monsoon session, out of 20 bills,
18 bills were passed without any discussion in Lok sabha.

 Hindrance To Representative Democracy:Parliamentary discussion is a manifestation of a

representative kind of democracy in operation, in the sense that representation of the
people directly questions the government on matters of governance.

Measures needed
 Increasing Number of Working Days: Recommended by the 2001 conference, there should
be an increase in the working days of Parliament. It resolved that Parliament should meet
for 110 days every year and state legislative assemblies for 90 days.

 In the United Kingdom, where Parliament meets over 100 days a year, opposition parties get
20 days on which they decide the agenda for discussion in Parliament. Canada also has a
similar concept of opposition days.

 Prevent disruption of its proceedings: There should be a deepening of its role as the forum
for deliberation on critical national issues. It is the only mechanism to ensure that disrupting
its proceedings or allowing them to be disrupted ceases to be a viable option.

 Enforcement of a code of conduct for MPs and MLAs:There must be strict adherence to the
code of conduct for MPs and MLAs so that disruption of proceedings ceases to be an option.

 Productivity Meter: The overall productivity of the session also can be studied and
disseminated to the public on a weekly basis.

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 For this, a “Productivity Meter” could be created which would take into consideration the
number of hours that were wasted on disruptions and adjournments, and monitor the
productivity of the day-to-day working of both Houses of Parliament.

 Modify the Anti-Defection Act: Currently, MPs who deviate from their parties’ position earn
a fatal whipping and lose their seats.

o There should be modifications to the anti-defection law so that it applies only in

cases where the government’s survival is at stake.

 Accord private member bills more space and respect: This will allow a variety of ideas to
bubble up from the grassroots.
o Governments will be able to listen to non-mainstream points of view and provide
official support whenever appropriate.

o This will enable your MPs to truly become lawmakers.

 Televise parliamentary committee proceedings: Bipartisanship and well-researched

discussions are often the hallmarks of parliamentary committees. Yet this crucial aspect of
the parliamentary process is well-hidden from the public.

 Enable “Public Interest Legislation: create a system that will enable MPs to hear the
viewpoints of affected citizens and initiate appropriate policy responses.

 Bring Transparency to the Clash of Interests: Before legislation is passed, various publics
and groups find a way to articulate their viewpoints to key political decision-makers.

o In India, this usually happens behind the scenes.

 Developing an Index:Parliamentary disruption index should be created as a measure to

monitor disruptions in legislatures and check indiscipline. It would also lead to the
availability of more time for debate and discussion on issues before the House.

Conclusion

 Parliament has the central role in our democracy as the representative body that checks the
work of the government.

 In order to fulfil its constitutional mandate, it is imperative that Parliament functions

effectively.

 Also, proper scrutiny of the bills is an essential requirement of a quality legislation.

 Circumventing the parliamentary committees while passing legislations undermines the very
spirit of the democracy.

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Structure, organization and functioning of the Executive and the Judiciary—

Ministries and Departments of the Government; pressure groups and
formal/informal associations and their role in the Polity.
The principles of natural justice are essential to ensure fairness and equity in decision-
making and the doctrine of proportionality is an important principle in ensuring that the
government and public authorities do not unduly interfere with the fundamental rights
of individuals. Elaborate. (250 words)
Difficulty level: Moderate
Reference: Indian Express
Why the question:
The Supreme Court, on Wednesday (April 5), set aside the orders passed by the Ministry of
Information & Broadcasting (MIB) on January 31, 2022, and the Kerala High Court on March 2, 2022,
refusing to renew Malayalam news channel Media One’s broadcast license.
Key Demand of the question:
To write about the principles of natural justice and doctrine of proportionality and their importance.
Directive word:
Elaborate – Give a detailed account as to how and why it occurred, or what is the context. You must
be defining key terms wherever appropriate and substantiate with relevant associated facts.
Structure of the answer:
Introduction:
Begin by giving context.
Body:
First, explain the concept of principles of natural justice – fair opportunity for all parties to present
their case, impartial decision-makers, and decisions based on relevant, reliable, and admissible
evidence.
Next, explain the doctrine of proportionality – means used to achieve a particular objective must be
proportionate to the end sought, with the least restrictive measures used that are necessary to
achieve the goal, and that the benefits of the measure outweigh any harm or burden imposed on
individual rights.
Next, write about their importance and applications – decision-making is fair and unbiased, public
authorities do not unduly interfere with the fundamental rights of individuals, uphold the rule of law
and ensure accountability.
Conclusion:
Conclude by Summarising.
Introduction

The Supreme Court, on Wednesday (April 5), set aside the orders passed by the Ministry of
Information & Broadcasting (MIB) on January 31, 2022, and the Kerala High Court on March 2, 2022,
refusing to renew Malayalam news channel Media One’s broadcast license

The principles of natural justice have great significance in the study of Administrative law. It is also
known has substantial justice or fundamental justice or Universal justice or fair play in action. The
principles of natural justice are not embodied rules and are not codified.

Body

About Natural justice

1. No one should be a judge in his own cause.

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2. Justice should not only be done, but manifestly and undoubtedly be seen to be done.

The above rules make it clear that judiciary must be free from bias and should deliver pure and
impartial justice. Judges must act judicially and decide the case without considering anything other
than the principles of evidence

 The bench allowed the challenge to the order of the MIB and judgment of the High Court
on account of the principles of natural justice constitutionalized by its judgment in its 1978
ruling in “Maneka Gandhi vs Union of India”.

 The Court observed that “that there is an inherent value in securing compliance with the
principles of natural justice independent of the outcome of the case.”
 Actions which violate procedural guarantees can be struck down even if non-compliance
does not prejudice the outcome of the case, the court held.

 It also stated that “the core of the principles of natural justice breathes reasonableness into
procedure”.

 Additionally, the court clarified that in the present case, the burden is on the claimant to
prove that the procedure followed infringes upon the core of procedural guarantees.

Doctrine of proportionality

Proportionality means that the administrative action should not be more drastic than it ought to
be for obtaining the desired result. This implies that canon should not be used to shoot a sparrow.
Thus this doctrine tries to balance means with ends.

 The judgment went on to explain that the validity of the claim of involvement of national
security considerations must be assessed on the test of

o whether there is material to conclude that the non-disclosure of information is in

the interest of national security; and

o whether a reasonable prudent person would draw the same inference from the
material on record;

 Even assuming that non-disclosure is in the interest of confidentiality and national security,
the means adopted by the respondents do not satisfy the other prongs of the
proportionality standard as per the apex court. The top court then reiterated that courts
can assess the validity of public interest immunity claims albeit based on the “structured
proportionality standard”.

Conclusion

The principles of natural justice have been adopted and followed by the judiciary to protect public
rights against the arbitrary decision by the administrative authority. One can easily see that the rule
of natural justice include the concept of fairness: they stay alive and support to safeguard the fair
dealing.

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There is a need for greater clarity and consensus on the role and responsibilities of
Governors to ensure that they function within the framework of the Constitution and
do not undermine the democratic process. Elaborate. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
Three months after a face-off between Governor R.N. Ravi and Chief Minister M.K. Stalin, Tamil Nadu
is witness to yet another confrontation between them.
Key Demand of the question:
To write about various issues with respect to the office of the Governor and possible solutions.
Directive word:
Elaborate – Give a detailed account as to how and why it occurred, or what is the context. You must
be defining key terms wherever appropriate and substantiate with relevant associated facts.
Structure of the answer:
Introduction:
Start by mentioning about Article 153 and the constitutional position of the governor.
Body:
In the first part of the body, write about the various issues about the office of the Governor –
instances of political interference and conflicts with the state government. There have been concerns
about the appointment process, with some accusing the government of selecting Governors based on
political affiliations etc. Cite examples.
Next, suggest possible solutions to the above issue.
Conclusion:
Conclude with a way forward.
Introduction

Article 154 of the Constitution envisages Governor as the executive chief of the state. All executive
actions are taken in his name. B R Ambedkar called the office of the Governor as the “office of
dignity”. He is not an agent of the Centre, but the governor’s post in an independent Constitutional
office. His office is the linchpin of Indian Cooperative Federalism.

The Tamil Nadu Legislative Assembly has passed a resolution urging the Union Government and
President to issue instructions to Governor R.N. Ravi to give his assent to bills passed by the
Assembly (nearly 20 bills are pending) within a specific period.

Body

Need for relook into Governor’s post

 Gubernatorial powers: Misusing the powers of Governor Eg.: the disagreements spill out in
the open, to the media, reinforcing a political divide. Recently, the Governor of Tamil Nadu,
R.N. Ravi, seems to have opened another front, i.e., defining the idea of Indian nationalism
and imparting lessons to Tamil people..

 Locking horns with Government:: Tamil Nadu Governor RN Ravi omitted some sections
from a speech he made in the state Assembly on Monday, 9 January. Ravi cut short the
speech, the text of which the state government, as per convention, had given him, to
exclude some key points. This led to TN Chief Minister MK Stalin moving a resolution against
Ravi in the Assembly and the Governor leaving the venue amid protests.

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 Governor’s appointment: Article 155says that governor should be appointed (not elected)
from amongst persons of high status with eminence in public. The elected government at
the state is not even consulted while making appointment of the Governors. Further
successive governments have reduced this important constitutional office to a sinecure and
resting place for loyal and retired / about to retired / about to retire politicians apart from
docile bureaucrats.

 Appointment and dismissal of the Chief Minister: Governor appoints Chief Minister, other
ministers, Advocate General, Chairmen and members of the State Public Service Commission
in the state. After elections in the state, there is a convention to invite the largest party to
form government in the state. This convention has been flouted many times at the whim of
the governor. E.g.: The recent episode Maharashtra where Governor inducted a new
government at 5:00 am without ascertaining the requisite numbers for the government.

 Reservation of Bills for Consideration of President: As per Article 200of the Constitution,
the governor can reserve certain types of bills passed by the State Legislature for the
President’s consideration. Centre, through the governor in case of different parties ruling,
used this provision to serve partisan interests. In Tamil Nadu, Governor R.N. Ravi has not
acted upon the T.N. Admission to Undergraduate Medical Degree Courses Bill, adopted by
the Assembly in September 2021. the indefinite delay in taking a decision amounts to
undermining the legislature, and is unjustifiable.

 Misuse of Article 356: Article 356is the most controversial article of the Constitution. It
provides for State emergency or President’s rule in State if the President, on receipt of
report from the Governor of a State. But since the SR Bommai case, this has been sparsely
used.

 Removal of the Governor:Article 156says that the governor will hold office during the
pleasure of the President for five years. The governor has no security of tenure and no fixed
term of office. This prevents to uphold neutrality of the governor, fearing retribution. E.g.:
The mass changing of the governors of state whenever a new government comes to power
at Centre..

Recommendations made regarding the Governor Posts

Sarkaria Commission Report Recommendations

 “The Governors tenure of office of five years in a State should not be disturbed except very
rarely and that too for some extremely compelling reason. It is very necessary to assure a
measure of security of tenure to the Governor’s office.”

 Governor should be an eminent person and not belong to the state where he is to be
posted.

 State chief minister should have a say in the appointment of governor

 Governor should be a detached figure without intense political links or should not have
taken part in politics in recent past.

 Governor should not be a member of the ruling party.

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 Governor should be removed before his tenure only on the grounds as if aspersions are cast
on his morality, dignity, constitutional propriety, etc.

The National Commission to Review the Working of the Constitution recommendations:

 Governor’s appointment should be entrusted to a committee comprising the prime minister,

the home minister, the speaker of the Lok Sabha and the chief minister of the concerned
state.

 If they have to be removed before completion of their term, the central government should
do so only after consultation with the Chief Minister.

The Punchhi commission recommendations

 The person who is slated to be a Governor should not have participated in active politics at
even local level for at least a couple of years before his appointment.

 For office of Governor, the doctrine of pleasure should endand should be deleted from the
constitution. Governor should not be removed at whim of central government. Instead, a
resolution by state legislature should be there to remove Governor.
 There should be provisions for impeachment of the Governor by the state legislature along
the same lines as that of President by President.

 The convention of making the Governors as chancellors of universities should be done away
with.
 The commission recommended for “localising emergency provisions” under Articles 355 and
356, contending that localised areas— either a district or parts of a district — be brought
under Governor’s rule instead of the whole state.

The Supreme Court’s interpretation

 In 2010, a constitutional bench of the Supreme Court interpreted these provisions and laid
down some binding principles (B.P. Singhal v. Union of India), the Supreme Court held:

 President, in effect the central government, has the power to remove a Governor at any
time without giving him or her any reason, and without granting an opportunity to be heard.

 However, this power cannot be exercised in an arbitrary, capricious or unreasonable

manner. The power of removing Governors should only be exercised in rare and exceptional
circumstances for valid and compelling reasons.
 The mere reason that a Governor is at variance with the policies and ideologies of the
central government, or that the central government has lost confidence in him or her, is not
sufficient to remove a Governor. Thus, a change in central government cannot be a ground
for removal of Governors, or to appoint more favourable persons to this post.

 Such a decision, to remove a Governor can be challenged in a court of law.

Conclusion

Despite several commissions appointed by Government themselves and the Supreme Court
guidelines, the post of governor is misused again and again.

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It is, however, time for a thorough review of the Governor’s powers and the process of appointment
and removal.

 New rules and conventions may need to be put in place so that Governor’s constitutional
mandate is strengthened.

 All part conference to review the role of the Governors, the powers exercised by him and
the manner in which he should be appointed and removed.

 The Constitution should be amended and security of tenure must be provided to the
Governors. The judgment of the Supreme Court delivered in B. P. Singhal case is the law of
the land and the Government should respect it.
 The Governors should be treated with dignity, and should not be fired only for political
considerations.

 The Constitution of the land prohibits the arbitrary exercise of power and the Government is
not an exception to the equality law.

What is the issue of gubernatorial inaction in the legislative process and how does it
affect federalism and democracy in India? Discuss the measures that can be taken to
ensure greater accountability and transparency in the functioning of governors. (250
words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
The article discusses the issue of pending bills and the role of governors in the legislative process. The
author argues that governors in some Indian states have been delaying or refusing to give their
assent to bills passed by the state legislature, thereby impeding the legislative process.
Key Demand of the question:
To write about role of governor in giving/withholding assent to bills passed by state legislature and
measures needed to resolve them.
Directive word:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Structure of the answer:
Introduction:
Begin by giving context about gubernatorial inaction and article 200.
Body:
First, write in detail about the various options with the Governor with respect to a bill passed by the
state legislature.
Next, write about the drawbacks on indefinitely sitting on the bill (pocket veto) and issues arising
from such action.
Next, write about the possible solutions to the above issue.
Conclusion:
Conclude by writing a way forward.
Introduction

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The makers of the Constitution of India did not anticipate that the office of the Governor, meant
to “preserve, protect and defend the Constitution and the law”, would metamorphose into the
most controversial constitutional office rendering the constitutional praxis rugged.

On his/ her discretion, the Governor can reserve a bill passed by the state legislature for president’s
assent. However, situations are mentioned in Article 200, when he will reserve the bill, yet he can
use, discretion regarding this matter. Governor has discretion to refuse to sign to an ordinary bill
passed by the state legislature.

Body

Governor’s power to reserve bills for consideration of the President

Article 200 of the Indian Constitution deals with the powers of the Governor with regard to assent
given to bills passed by the State legislature and other powers of the Governor such as reserving the
bill for the President’s consideration.

According to Article 200, when a Bill, passed by the Legislature of a State, is presented to the
Governor, he has the following options:

Ordinary Bills

When a bill is sent to the governor after it is passed by state legislature, he can:

 Give his assent to the bill, or

 Withhold his assent to the bill, or

 Return the bill (if it is not a money bill) for reconsideration of the state legislature.

However, if the bill is passed again by the state legislature with or without amendments, the
governor has to give his assent to the bill or

 Reserve the bill for the consideration of the president. In one case
such reservation is obligatory, that is, where the bill passed by the state legislature
endangers the position of the state high court. When the governor reserves a bill for the
consideration of the President, he will not have any further role in the enactment of the
bill.

o If the bill is returned by the President for the reconsideration of the House or
Houses and is passed again, the bill must be presented again for the presidential
assent only.

o If the President gives his assent to the bill, it becomes an act.

o This means that the assent of the Governor is no longer required.

Options before the President:

When a Bill is reserved by a Governor for the consideration of the President, the President shall
declare either that he assents to the Bill or that he withholds assent therefrom Provided that:

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1. Where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to
the House or, as the case may be, the Houses of the Legislature of the State together with
such a message as is mentioned in the first proviso to article 200.

2. When a Bill is so returned, the House or Houses shall reconsider it accordingly within a
period of six months from the date of receipt of such message and, if it is again passed by
the House or Houses with or without amendment, it shall be presented again to the
President for his consideration.

3. It is not mentioned in the constitution whether it is obligatory on the part of the President to
give his assent to such a bill or not.

Critical analysis of such powers of Governor

 Delays in granting assent: Thegovernors sometimes sat over the Bills without giving assent
or returning the Bills for an indefinite period, even though the Constitution required it to be
done as soon as possible.

o The governors were also taking months together to reserve the Billsfor the assent
of the President even though it was to be done immediately.

o This erodes the authority of the legislaturesand the governors, though heads of the
state executive, are appointed by the Union government.

 Exceptional situations: In addition to above illustrated powers, the governor can also
reserve the bill if it is of the following nature:

o Ultra-vires, that is, against the provisions of the Constitution.

o Opposed to the Directive Principles of State Policy.

o Against the larger interest of the country.

o Of grave national importance.

o Dealing with compulsory acquisition of property under Article 31A of the
Constitution.

 Case studies

o Tamil Nadu Assembly in September, 2021passed a bill seeking exemption for

students from the state from the National Eligibility cum Entrance Test (NEET)
required for undergraduate medical college admissions.

 This Bill has been with Governor since then without rejection or acceptance.

 Indecision can prove costly.

o Manipur Speaker had not decided on defection, until Supreme Court forced him
and bound him by giving a time frame. Justice can be denied in such cases to those
who are affected.

 Against the spirit of Constitution: Withholding of assent, though an option, is not normally
exercised by Governors because it will be an extremely unpopular step.

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o Besides, withholding assent to a Bill by the Governor, an appointee of the President,

neutralises the entire legislative exercise by an elected legislature enjoying the
support of the people.

Conclusion

Giving assent to a Bill passed by the legislature is a normal constitutional act performed by the
Governor. But of late, even such normal acts have become a source of confrontation between State
governments and the Governors. The conduct of Governors in certain States follows a definite
pattern which causes a great deal of disquiet to elected governments as well as to those who have
faith in the constitutional order. Thus, it falls to the Supreme Court to fix a reasonable time frame for
Governors to take a decision on a Bill passed by the Assembly in the larger interest of federalism in
the country.

Role of civil services in a democracy

In order to have humane policing, the police force needs structural reform and better
training to prioritize the protection of human rights and improve community relations,
with accountability mechanisms to ensure that police officers who commit misconduct
are held responsible. Examine. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
The serious complaint of human rights violation recently against an IPS officer in Ambasamudram in
south Tamil Nadu should greatly embarrass the State government and the police hierarchy. The
officer has been suspended from service and his alleged misconduct is being probed.
Key Demand of the question:
To about various reforms that are needed in the police force to make it more humane.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect
it, investigate it and establish the key facts and issues related to the topic in question. While doing so
we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Begin by mentioning importance of police in maintaining law and order in the country.
Body:
First, write about the need for reforms – mention systemic factors, attitudinal factors, and political
factors etc which are responsible for this. Use recent examples to substantiate your points.
Next, write about the reforms that are needed to rectify the above. Cite suggestions of various
committees in the above regard.
Conclusion:
Conclude by writing a way forward.
Introduction

The primary role of police forces is to uphold and enforce laws, investigate crimes and ensure
security for people in the country. Under the Constitution, police is a subject governed by states.
There has been almost 30 years of debate on policing and reform in India.

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Indian Constitution- historical underpinnings, evolution, features, amendments,

significant provisions and basic structure.
Article 32 is an essential tool for the protection of fundamental rights in India. They
enable citizens to seek remedies when their fundamental rights are violated, and they
provide a means for the judiciary to ensure the rule of law and uphold constitutional
principles. Discuss. (250 words)
Difficulty level: Easy
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2.
Key Demand of the question:
To write about the role of SC in safeguarding fundamental rights under article 32.
Directive:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Structure of the answer:
Introduction:
Start by giving a brief about article 32.
Body:
First, in detail, about the role of the SC as the “guarantor” and “defender” of the fundamental rights.
Next, write in detail about the various types of writs and the purposes behind it. Substantiate using
examples and SC case to show how writs are used to protect fundamental rights.
Conclusion:
Conclude by summarising and giving views of various scholars regarding it.
Introduction

Article 32 falls under Part III of the Constitution that includes the fundamental rights of individuals.
It allows an individual to approach the Supreme Court if she or he believes that her or his
fundamental rights have been violated or they need to be enforced.

Dr B.R. Ambedkar had once said, “If I was asked to name any particular article in this Constitution as
the most important — an article without which this Constitution would be a nullity — I could not

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refer to any other article except this one (Article 32). It is the very soul of the Constitution and the
very heart of it.”

Body

Rationale behind Article 32 called the heart and soul of the constitution:

 Right to constitutional remedies works on the Doctrine “Ubi Jus Ibi Remedium” which
means when there is a right there is a remedy.

 It gives the power to the citizens of India to go directly to the Supreme Court of India, rather
than by way of appeal, if they feel that any of their Fundamental Rights have been
violated. Article 32 makes the Supreme Court the defender and guarantor of the
fundamental rights.

 Article 32 came out to be the greatest safeguard that could be provided to protect the
fundamental rights of the citizens and “It is a right fundamental to all the other Fundamental
Rights”.

 Courts, as the judicial sentinel of the fundamental rights, are equipped with constitutional
weapons i.e., WRITS.

 Writs which are being performed both by The Supreme Court and The High Court
under Article 32 and 226 are for the violation and enactment of the Fundamental Rights.

 Both the courts have the power to issue directions, orders, and writs, including writs
of Habeas corpus, Mandamus, Prohibition, Quo warranto, and Certiorari, for the
enforcement of any of the rights.

 On the other hand, Parliament has the right to empower any other court with such authority
so that it can act as “Protector and guarantor” of such rights.
 Supreme Court in basic structure doctrine made clear that right to move to Supreme Court
cannot be suspended except otherwise provided by the Constitution. This implies that this
right suspended during a national emergency under article 359

Conclusion

The constitutional remedies provided to the citizens are the most powerful orders with immediate
effects and results and that is why it has always been considered as the most important fundamental
right engrafted in the Constitution of India. The Constitution of our country isn’t rigid and the various
cases and court proceedings keep on challenging the basic structure of the Constitution. Article
32 still ensures that the fundamental rights of the citizens will always be protected and enforced by
the Judiciary of India. And no citizen will be left unheard and deprived of his/her rights being the
citizens of an independent country.

Value addition

Landmark cases of Article 32:

 In a judgment in the L. Chandra Kumar vs. Union of India and Others case and P. Sampath
Kumar vs. Union of India case, it was declared that Article 32 was an integral and essential
feature of the Constitution and constituted its basic structure.

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 During the 1975 Emergency, in the ADM Jabalpur vs. Shivakant Shukla case, SC had ruled
that the right to constitutional remedies under Article 32 would remain suspended during a
national emergency. People were unable to seek redressal when their fundamental rights
were being hampered.

 The most recent incidents where Article 32 was discussed, was when Kerala-based journalist
Siddique Kappan languished in jail, and debate around the relevance of Article 32 continued
inside and outside the Indian courts, the reason being that the Supreme Court may no longer
entertain bail petitions under Article 32 of the Constitution.

 The court had then said that “The right to approach the Supreme Court under Article 32 is
itself a fundamental right and that there is no doubt that if a citizen of India is deterred in
any case from approaching this Court in exercise of his right”.

 In the recent case of Arnab Goswami, where PIL’s were filed against him under Article 32 of
the Constitution, Hon’ble Chief Justice had said that Supreme Court wouldn’t exercise its
powers for matters under Article 32 and also contended that it should be solely done by the
High Court with appropriate jurisdiction so as to protect the interest and rights of individuals.

 The impact of article 32 has been huge with landmark cases like Shreya Singhal v Union of
India where supreme court struck down Section 66A of the Information Technology Act,
2000, Meera Santosh Pal and Others v Union of India and Others where Supreme Court
gave judgment on medical termination of pregnancy of a 24-week foetus etc.

While there are some similarities between the Indian and British constitutions, the
Indian and British constitutions differ significantly. Analyse. (250 words)
Difficulty level: Moderate
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2.
Key Demand of the question:
To write about similarities and differences between Indian constitution and British constitution.
Analyse – When asked to analyse, you must examine methodically the structure or nature of the
topic by separating it into component parts and present them in a summary.
Structure of the answer:
Introduction:
Begin by mentioning the legacy of British on the Indian constitution
Body:
In the first part, write about the major differences between Indian and British constitution. Written
constitution, Nature of federation, Citizenship, Sovereign power, Judicial review etc.
Next, write about similarities between Indian and British constitution – Rule of Law, Independence of
Judiciary, Parliamentary system etc,
Conclusion:
Conclude by summarising the major observations.
Introduction
Indian Constitution was adopted by the Constituent Assembly of India on 26 November 1949 and
became effective on 26 January 1950. The constitution replaced the Government of India Act
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1935 as the country’s fundamental governing document, and the Dominion of India became the
Republic of India. Indian Constitution was made after referring many Constitutions of the world by
the drafting committee headed by Ambedkar.

Body

Similarities between India and British Constitution

 Independence of Judiciary: The Rule of Lawin Britain is safeguarded by the provision

that judges can only be removed from office for serious misbehavior and according to a
procedure requiring the consent of both the Houses of Parliament. Same is the case in India

 British Prime Minister and the Council of Ministers: Britain has a Cabinet form of
government.

o The power doesn’t lie in one person, but the entire Council of Ministers.

o The principle is, “all Ministers sink and swim together”. It is based on collective
responsibility towards the Lower House.

 Bureaucracy: Indianbureaucracy is modelled on the British bureaucracy.

Contrasting features of British and Indian Constitution

 Unwritten vs Written: One of the most important features of the British constitution is its
unwritten character. The main reason for this is that it is based on conventions and political
traditions, which have not been laid down in any document, unlike a written constitution,
which is usually a product of a constituent assembly.

o Indian Constitution, in comparison, is thelengthiest written constitution in the

world.

 Amendability: Britain Constitution isflexible and can be amended by 50% of the

members present and voting. In India it is a hybrid of Rigid and flexible.

 Federalism: The British constitution has a unitary character as opposed to a federal one. All
powers of the government are vested in the British Parliament, which is a sovereign body.

o The Indian Constitution, on the other hand, is federal.

 Nature of state: Britain is a Constitutional monarchy as Queen is the head of the state while
India is a republic which means that India has an elected head of state.

 Sovereignty of Parliament:A very important feature of the British Constitution

is sovereignty of the British Parliament (a written constitution being absent). The British
Parliament is the only legislative body in the country with unfettered power of legislation.

o It can make, amend or repeal any law.

o Indian Parliament is not sovereign as Judiciary has the power to review the laws
made by legislators.

 DPSP and Duties: They are present in India while they are absent in Britain.

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 Prime Minister: will always be a member of the Lower House in Britain where it he can be in
either houses in India.

Conclusion

There is a natural tendency to compare the Parliament of India with the British Parliament. But our
Parliament and Parliamentary Institutions and procedures are not a copy of the Westminster
system. There are fundamental differences between their system and ours. British Parliament has
grown through some three hundred years of history. In Britain, the Parliament can said to be the
only institution, which exercises sovereign powers and on which there are no limits because there is
no written constitution. India, on the other hand, has a written constitution. Powers and authorities
of every organ of the Government and every functionary are only as defined and delimited by the
constitutional document.

Discuss the relevance of monarchy in the 21st century. Examine the role of monarchy in
the context of democracy and its coexistence with democratic values, with special
reference to the United Kingdom. (250 words).
Difficulty level: Tough
Reference: The Hindu
Why the question:
The article discusses the relevance of monarchy in the 21st century. The author argues that while the
monarchies in countries such as the United Kingdom and Japan may have lost much of their political
power, they still serve an important symbolic and cultural role.
Key Demand of the question:
To write about the relevance of monarchy in 21st century and its coexistence with democracy.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect
it, investigate it and establish the key facts and issues related to the topic in question. While doing so
we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Begin by defining monarchical form of government.
Body:
First, write about the relevance of monarchy in the 21st century, Mention the ways it is relevant and
ways in which it has lost its relevance.
Next, write about its coexistence with democracy and how it functions in that regard. Cite examples
to substantiate.
Conclusion:
Conclude by writing a balanced opinion.
Introduction

The coronation of King Charles III of the U.K. has led to critical questions on the relevance of the
monarchy in the 21st century, in the context of tectonic shifts in society, politics and culture in the
U.K. and across the Commonwealth realms.

In a monarchy, a king or queen is Head of State. The British Monarchy is known as a constitutional
monarchy. This means that, while The Sovereign is Head of State, the ability to make and pass
legislation resides with an elected Parliament.

Body

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Relevance of monarchy in 21st century

Advantages

 The institution of monarchy has been back in the news lately, with the abdication of the
erstwhile Spanish king Juan Carlos I and the ascension of his son, Felipe (Philip) VI.

 Elsewhere in the world, monarchies still make the news and shape events in places as far
apart as Thailand, Bhutan, Belgium, Morocco, and Saudi Arabia.

 To many contemporary readers, monarchies seem to be purposeless antiquated relics,

anachronisms that ought to eventually give way to republics.

 There are several advantages in having a monarchy in the 21st century. Monarchs can rise
above politics in the way an elected head of state cannot. Monarchs represent the whole
country in a way democratically elected leaders cannot and do not. The choice for the
highest political position in a monarchy cannot be influenced by and in a sense beholden to
money, the media, or a political party.

 Secondly and closely related to the previous point is that in factitious countries like Thailand,
the existence of a monarch is often the only thing holding the country back from the edge
of civil war.

 Monarchs are especially important in multiethnic countries such as Belgium because the
institution of monarchy unites diverse and often hostile ethnic groups under shared loyalty
to the monarch instead of to an ethnic or tribal group.

Criticism

 Firstly, the monarch may wield absolute power arbitrarily without any sort of check, thus
ruling as a tyrant.
o However, in present era, most monarchies rule within some sort of constitutional or
traditional framework which constrains and institutionalizes their powers.
o Even prior to this, monarchs faced significant constraints from various groups
including religious institutions, aristocracies, the wealthy, and even commoners.

 A second criticism is that even a good monarch may have an unworthy successor.
 There really is no rational argument for monarchy. It serves very little purpose other than to
help perpetuate an outmoded class system and to promote anti-aspiration at a time when
Britain is the most unequal society it has been in the Queen’s 60 year reign.

Monarchy and coexistence with democracy in United Kingdom

 The King reigns, but he does not rule. Ruling is done by his government, and as head of
state in the UK the King is constitutionally obliged to follow the government’s advice.

 His main functions as head of state are to appoint the Prime Minister, and all the other
ministers; to open new sessions of parliament; and to give royal assent to bills passed by
parliament, signifying that they have become law.

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 To the public the King is more visible in his wider role as head of the nation. In
this representative role the Sovereign acts as a focus for national identity, unity and pride;
gives a sense of stability and continuity; officially recognises success and excellence; and
supports the ideal of voluntary service.

 These monarchies have survived partly for geopolitical reasons, most of the other European
monarchies having disappeared at the end of the First or Second World Wars.

 Their continuance has been accompanied by a steady diminution in their political power,
which has shrunk almost to zero, and developing roles that support liberal democracy.

 What modern monarchies offer is non-partisan state headship set apart from the daily
political struggle of executive government; the continuity of a family whose different
generations attract the interest of all age groups; and disinterested support for civil society
that is beyond the reach of partisan politics.

 These roles have evolved because monarchy depends ultimately on the support of the
public, and is more accountable than people might think

Conclusion

The threats to democracy, whether in Britain or in India, are not actually coming from institutions
such as the monarchy, but from billionaire class, the plutocracies. We have rising authoritarianism in
many contexts, and it rarely comes from an institution like the monarchy.

The great danger to democracy comes from vested economic interests and rising ethno-nationalism,
racism, and communalism.

While ordinances can serve a purpose in certain exceptional circumstances, they should
not become a routine substitute for the legislative process. Analyse. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
On May 19, 2023, the President of India exercised legislative power under Article 123 of the
Constitution, during the period Parliament was in recess, to promulgate The Government of National
Capital Territory of Delhi (Amendment) Ordinance, 2023 (Ordinance). The ordinance negates a
Constitution Bench judgment of the Supreme Court of India, which was delivered on May 11, that
brought “services” under the Government of National Capital Territory of Delhi (NCTD).
Key Demand of the question:
To write about the rationale behind extension of ordinance making power of the executives in our
country and how this power has been often misused, its impact.
Directive word:
Analyse – When asked to analyse, you must examine methodically the structure or nature of the
topic by separating it into component parts and present them in a summary.
Structure of the answer:
Introduction:
Start the answer by citing article 123 of the constitution.
Body:
First, write about the rationale and need behind ordinances in the country.

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Next, Explain the issues and concerns associated – the point of promulgation and repromulgation.
Present the court judgments in this aspect to defend your side, explain the concerns in detail with
recent examples.
Next, write about the negative impact of ordinance raj and ways to prevent it.
Conclusion:
Conclude by writing a way forward.
Introduction

In a parliamentary democracy such as India, the ordinance promulgation power is supposed to be

used as an exception and not as a matter of course. The constitutional scheme exists to ensure
accountability of the political executive to the elected legislature.

The President of India exercised legislative power under Article 123 of the Constitution to
promulgate The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023.
The Ordinance negates a Constitution Bench judgment of the SC, that brought “services” under the
Government of National Capital Territory of Delhi (NCTD).

Body

Ordinance making in India:

 Articles 123 and 213 of the Constitution

 These state that an ordinance may be promulgated to meet a certain circumstance, but
must be laid before the legislature in question, and will expire within six weeks of the
legislature being convened.

 An ordinance is thus, by definition, limited in time, and can cease to have effect even earlier,
if the legislature passes a resolution disapproving the ordinance.

Misuse of ordinance making power:

 The very nature of the ordinance might mean that a frequent resort to it is only self-
defeating

 Excessively used:

o Following the washout of the second half of the budget session, three ordinances
have recently been promulgated by the President.

o First was the Criminal Law (Amendment) Ordinance, 2018 ,followed by the Fugitive
Economic Offenders Ordinance, 2018,amendments to the Commercial Courts,
Commercial Division and Commercial Appellate Division of High Courts Act, 2015
(henceforth Commercial Courts Act) were made through an ordinance. .

 Misuse of ordinance power has been questioned:-

o Supreme Court acted on concerns about the manner in which the ordinance
promulgating power has been used at the state level.
o First, in limiting the manner in which ordinances may be repromulgated and
second, in ensuring that ordinances cease to be in effect, if they are not placed
before the legislature.

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o Without imposing any substantive limits on when an ordinance may be

promulgated, the Supreme Court has restrained the government’s ordinance-
making power(though somewhat belatedly).

 Self-limiting:

o Validity and legality of actions taken on the basis of an ordinance will be in

limbo,unless subsequent legislation is passed to the same effect by the legislature.

o Overuse of ordinances goes fundamentally against two core tenets of the rule of
law, stability and consistency

 Self defeating due to absence of Parliamentary scrutiny and feedback :-

o Governments may favour the “ordinance route” because it makes for good optics or
helps them avoid the difficult task of political negotiation in Lok sabha and Rajya
sabha that is part and parcel of lawmaking.That, however, is a self-defeating
exercise.

o Taking the ordinance route may only raise suspicions about the government’s
motives and harden the opposition’s standtowards a measure, as was seen with
the proposed amendments to the land acquisition law.

 The executive’s power to issue ordinances, therefore, goes against separation of

powers;for it acts neither as a check nor as a balance on the authority exercised by the other
branches of government.

 Ordinances passed in haste are often ill-designed

Need for ordinance making

 It ought to be Power to legislate when Parliament is not in session.

o When legislature is not in session: the President can only promulgate when either
of the House of Parliament is not in session.

 Immediate action is needed:

o The President though has the power of promulgating the ordinances but same
cannot be done unless he is satisfied that there are circumstances that require him
to take immediate action.

 Parliament should approve: after the ordinance has been passed it is required to be
approved by the parliament within six weeks of reassembling. The same will cease to
operate if disapproved by either House.

 During emergency

Way forward:

 Even if there is broad consensus that a certain legislative measure is needed, parliamentary
scrutiny is valuable in and of itself.

 Reference to the standing committee and open debate about the merits of a bill and its
drafting are likely to address shortcomings or oversights in the law.

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 Ordinances are not immune from judicial challenge:

o The Supreme Court, in Krishna Kumar Singh v. State of Bihar, made a series of
pronouncements with potentially huge implications for the future of democratic
governance in the country.

o The case raised intricate constitutional questions concerning the executive’s

power to make law through ordinance.

Value addition

Key highlights of the Government of NCTD (Amendment) Ordinance 2023:

 Creation of National Capital Civil Service Authority (NCCSA):

o It will be headed by the CM of Delhi, with the Chief Secretary and Principal Home
Secretary of Delhi being the other two members.

o It will makerecommendations to the Lieutenant Governor (LG) regarding the

transfer, posting, vigilance and other incidental matters wrt to AISs and DANICS
serving the Delhi government.

o All matters are required to be decided by a majority of votes. This means that the
decision of the elected CM can be overruled by the two senior bureaucrats.

 Role of LG:
o The L-G will pass orders to give effect to the recommendations passed by the
NCCSA.

o In case the L-G differs from the recommendation made, s/he may return the
recommendation for reconsideration by the NCCSA. Therefore, the final decision will
lie with the LG.

Parliament and State legislatures—structure, functioning, conduct of business,

powers & privileges and issues arising out of these.
Parliaments play a crucial role in democratic systems and serve several key purposes. ts
functions are vital for the functioning of a democratic society, upholding the rule of law,
and safeguarding citizens’ rights and freedoms. Elucidate. (250 words)
Difficulty level: Easy
Reference: Indian Express , Insights on India
Why the question:
The article discusses the recent inauguration of the new Parliament building in India by Prime
Minister Narendra Modi. It highlights the significance of the new building in symbolizing the
country’s democratic spirit, modernization, and commitment to progress.
Key Demand of the question:
To write the features and importance of Parliament.
Directive word:
Elucidate – Give a detailed account as to how and why it occurred, or what is the context. You must
be defining key terms wherever appropriate and substantiate with relevant associated facts.
Structure of the answer:

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Introduction:
Begin by writing the definition of parliament and importance of parliament in democratic systems.
Body:
First, write about the functions performed by the parliament – making laws, representing the
interests of the people, and holding the government accountable. Parliament also plays a crucial role
in budgetary control, ensuring fair representation of minority interests, and promoting peaceful
conflict resolution. Cite examples to substantiate.
Conclusion:
Conclude by summarising.
Introduction

India has a parliamentary system of government. The Union Parliament consists of two houses-
Rajya Sabha & Lok Sabha and President of India. The functions of the Parliament are mentioned in
the Indian Constitution in Chapter II of Part V. The functions of the Parliament can be classified
under several heads.

In the 75th year of Independence, India’s new Parliament building, embodying the culture, pride and
spirit of the entire nation, was recently inaugurated by the PM of India.

Body

Functions of the Parliament

 Law Making:

o A modern Parliament, either in India or in any other country, is not merely a law
making body. It has many other functions to do. But still, the most important
function among them is the function of law-making. Parliament can make laws on a
wide range of subjects allotted to it under the Union and the Concurrent lists in the
VII schedule to the Constitution. Residual powers also vests with the parliament in
the matters that are not specifically assigned to the States. States can make law on
subjects enumerated in the State list.

 Administrative Accountability Function:

o In India, Parliament does not interfere with the day to day administration of the
executive but exercise surveillance on it. Parliamentary scrutiny is exercised through
various procedures like questions, motions, discussions etc.

 Question Hour:

o Question hour is the hour where members of the parliament can raise any question
with regard to the administrative activity. There the concerned minister is obliged to
answer to the parliament, either orally or in writing. Questions may be either starred
or non-starred.

 Discussions:

o When the member who raised a question feels that the answer given to a question
is not complete, he may be allowed by the speaker of the house to raise a discussion
in the house for half an hour. This is generally termed as the Half an Hour discussion.

 Committees:

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o Another method of having administrative surveillance is by way of Parliamentary

Committees. They may be either Standing Committees or the Adhoc Committees.
Standing Committees are constituted every year and they work on a continuous
basis whereas the Adhoc Committees are created temporarily for a specific task.
There are Standing Committees both in Lok Sabha and Rajya Sabha.

 Executive Responsibility:

o In India, head of the executive is the President and the executive powers are vested
in him and are taken in his name. But he is only the formal head as he acts only on
the aid and advice of the council of ministers. The parliamentary control over the
executive is based on the constitutional provisions of collective responsibility of
Council of ministers to the House of people. This has been specifically enshrined in
Article 75(3) of the Indian Constitution.

 Collective Responsibility:

o The collective responsibility concept lies on the principles that the minister must not
vote against the government policy or speak against the government policy and all
the decisions taken by a minister is the decision of the government. The ministers
are also individually responsible to the head of the State in the sense that Ministers
hold office during the pleasure of the President.

 Conflict Resolution and National Integration Role:

o Conflicts are natural to man. Conflicts may be either of ideas or interests or may be
for the struggle for power by various contending forces. The role played by the
Parliament in resolving conflict is great. That is there the members of parliament
who are from the different parts of the country irrespective of their caste, creed,
religion or region; they meet informally and discuss in groups the problems which
affect the country as a whole. It creates the feelings of national integrity.

 Informational Role:

o The parliament also has its significant function of informational role. That means the
parliament has right of being informed. Government should feed the parliament
with information’s by way of reports or by way of lying papers on the table of the
house or by placing documents in the parliamentary library.

Powers of the parliament:

 Legislative Powers: All the subjects in our constitution are divided among state, union and
concurrent lists. In concurrent list Parliamentary law is over riding than state legislative law.
Constitution also have powers to make law with respect to state legislature in following
circumstances:

o When Rajya Sabha passes a resolution to that effect

o When national emergency is under operation

o When two or more states request parliament to do so

o When necessary to give effect to international agreements, treaties and conventions

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o When President’s rule is in operation.

 Executive Powers:According to parliamentary form of government executive is responsible

to the parliament for its acts and policies. Hence parliament exercises control by various
measures like committees, question hour, zero hour etc. ministers are collectively
responsible to the Parliament.

 Financial Powers:It includes enactment of budget, scrutinizing the performance of

government with respect of financial spending through financial committees (post
budgetary control)

 Constituent Powers: The Parliament also has the power to alter, repeal or amend any
provision of the Constitution and such amendments cannot be question before any court of
law on any ground unless they tend to alter or violate the ‘basic structure’ of the
Constitution.

 Judicial Powers:

o Impeachment of President for violation of constitution

o Removal of judges of Supreme Court and High court

o Removal of Vice- President

o Punish members for breach of privileges like sitting in the house when the member
knows he is not an eligible member, serving as member before taking oath etc.
 Electoral Powers:It has its participation in the election of President and Vice-President. The
members of Lok Sabha elects speaker and deputy speaker from among its members.
Similarly, members of Rajya Sabha elects deputy chairman.

 Other Powers:

o To discuss various issues of national and international importance

o Imposing emergency

o Increase or decrease area, change names, alter the boundary of the states

o Create or abolish state legislature etc. any powers can be added from time to time

Conclusion
Constitution of India is the law of our land and all the three organs, the Legislature, the Executive
and the Judiciary are the machineries formed under the foundation of this Constitution. Constitution
of India is been formed on the principles of rule of law, so Legislature in India has been vested with
its constitutional functions and powers and so has limitation too. It can be said that the prime
function of legislature is to anchor for the will of the people and to enact laws. But legislature is not
the actual law makers but the executive is. And judiciary plays its vital role in guarding the
constitution, the sentinel on the qui vive.

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Issues and challenges pertaining to the federal structure

Fiscal federalism is crucial for the smooth functioning of a federal system of
government. The Indian government should take steps to address the various issues in
fiscal federalism and implement measures to enhance the autonomy of States in
financial matters. Discuss. (250 words)
Difficulty level: Easy
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2.
Key Demand of the question:
To write about the evolution of fiscal federalism in India, issues in it and measures needed to
overcome the issues.
Directive:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Structure of the answer:
Introduction:
Begin by defining fiscal federalism in India.
Body:
First, give a brief about the development of fiscal federalism in India since independence.
Next, write about the various issues with respect to fiscal federalism in India – opacity, GST issues,
FRMBA, impact of the pandemic etc.
Next, write about the measures needed to rectify the above.
Conclusion:
Conclude with a way forward.
Introduction

While fiscal federalism in India has a long history, its practice has grown increasingly opaque over
the years. Serious attention is required to improve its principles and practices. The India of today,
notably through its governance “matrix”, economic development, institution-building and
multilateral relations, are vastly different from the India that drafted its constitution in 1950. India is
going through a transition in its intergovernmental relations. Boundaries based on linguistic factors
and administrative convenience are blurring, given changes brought on by innovation and migration.
Socio-economic trends such as technological change, rising mobility and market integration will
affect the future of fiscal federalism in India.

Body

Development of fiscal federalism in India

 Broadly speaking, with the evolution of fiscal federalism in India, there has beenmarked
stability in its process and procedures.

 The annual budgetary processes of both the central and federal governments are
independent exercisesand must pass through the Parliament or state legislature.

 The Finance Commission, which was first constituted in 1951, performs the functions
broadly enshrined inArticle 280 of the Indian Constitution.

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 For most of the post-independence era, the existence of the Planning Commission injected
centralising dependence in more ways than one.

o The Planning Commissionbecame a parallel institution for the transfer of resources

from the Union of States.

 While the focus of the Finance Commission remained on the revenue account, the Planning
Commission was concerned predominantly with the capital account.

 Successive Finance Commissions commented on this as being inconsistent with the spirit of
the Constitution in the devolution of resources.

 There were other developments, like the73rd and 74th Amendments of the Constitution in
1992 giving status to Panchayat Raj institutions and Urban Local Bodies with specific
functions assigned to them under the 11th and 12th schedules.

 The Fourteenth Finance Commission decided that 42% of NDP (net divisible pool) should
go to the subnational governments by way of devolution, or net proceeds of taxes, and the
balance should go to the central government. In addition, after projecting the likely growth
rates of individual subnational governments and their likely buoyancy in appropriate cases, a
revenue deficit grant under Article 275 was given.

Various issues regarding fiscal federalism in India

 GST: States have lost the autonomy to decide the tax rates of subjects that fall within the
State List.

o Previously, state governments used to fix tax rates by taking into account their
spending requirements, revenue base, etc.
o The inability of states to fix tax rates to match their development requirements
implies greater dependence on the centre for funds.
 Cess and surcharges: Another emerging challenge is that cesses and surcharges are
becoming a disproportionate proportion of the overall divisible revenue, withnon-tax
revenues being kept outside the divisible pool.

o These are worrisome issues, and there should be some mechanism to ensure that
the basic spirit of the devolution process should not be undercut by clever financial
engineering or by the manipulation of methods that makes them technical and
legally tenable, but perhaps not morally so.

 Increasing dependency on Centre: The dependency of states on the Centre for revenues has
increased, with the share of the revenue from own sources declining from 55% in 2014-15
to 50.5% in 2020-21.

o While part of this is inherent in India’s fiscal structure, wherein states are the big
spenders and the Centre controls the purse strings, the situation has been
exacerbated by the introduction of the GST.

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o Barring a few exceptions, such as petroleum products, property tax, and alcohol
excise, indirect taxes have, to a large degree, been subsumed under the GST regime,
eroding the ability of states to raise their own revenues.

 Shortfall in devolution:Adding to state woes is the significant divergence in past periods

between the amount of GST compensation owed and the actual payments made, including
for states such as Uttar Pradesh, Bihar and Jharkhand that need greater fiscal support.

o Even before Covid-19 hit, 11 states estimated a revenue growth rate below the
estimated 14% level, implying higher amounts will be owed as GST compensation.

o With the bulk of the states’ GST coming from goods such as electronics, fashion, and
entertainment — all of which have been impacted by the pandemic — these
revenues are likely to decline further.

Measures needed

To sum up, for a large federal country of a mind-boggling diversity, India’s ability to fight Covid-19
pandemic largely rests on how well it manages its Centre-state relation.

 When compared with other large federal countries such as the US, the country has done
very well to minimize the frictions and provide a sense of direction to the states.

 However, tackling Covid-19 as seen from the experience of other countries would require
adifferential and agile response across states and the Centre has at best to play the role of
a mentor in providing leadership and resource support.

 The rigid approach as evident in lockdown phase would prove a major hurdle. States must
becleared their dues and be given ample fiscal space to ensure economy is revived.

 States must be allowed to lead in terms of reviving economy, generating income support,
jobs while contain the virus at the same time.

 The next big change will come when the current Centre-state relationship gets redefined in a
way that enables the 28 states to become federal in the true sense – as self-sustaining
economic territories in matters of energy, water, food production and waste recycling.

 Our economic geography of production, transport and communication has to change – it has
to become distributive rather than being focused towards the Centre.
 Centrally distributed funds will need to be directed specifically to build the capacities of each
state.

o The instruments will enable them to embark on a sustainable economic recovery

whose base is widely distributed across the various panchayats and districts of each
state.

o Driving distributive recovery will be energy, transport, supply chains, public

administration, rule of law, agriculture and rural development.

 a buoyant tax system can ease the battle for resources in our federal system, and hopefully
minimize the mistrust that has grown in recent years between the Centre and states.

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 The 15th Finance Commission has thus recommended a slew of fiscal reforms to increase
the tax-to-GDP ratio, especially through an overhaul of the goods and services tax.

 In short, the real cooperative federalism which the Centre has been espousing for many
years is now put on test and the Centre must ensure states are given full cooperation to
battle the challenge.

Conclusion

It is important now to rethink the design and structure of a genuine fiscal partnership, which should
not merely be a race to garner more resources, but a creative attempt to move towards a vibrant
Indian value chain that can catapult India’s growth rate closer to the quest for double-digit growth.
Times of economic slowdown must be viewed anecdotally as they are transient in nature and cannot
impair India’s vision, both with regard to its potential and its historical compulsions. It is necessary to
recast the ideology in a more contemporary context; only then will the practice become more
transparent, and India will benefit from congruence between its precepts and practice.

Structure, organization and functioning of the Executive and the Judiciary—

Ministries and Departments of the Government; pressure groups and
formal/informal associations and their role in the Polity.
The president holds the highest authority and responsibility for protecting the
constitution, with the power to act proactively to ensure that the executive and
legislative branches adhere to its principles. Elucidate. (250 words)
Difficulty level: Moderate
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2.
Key Demand of the question:
To write about the role of President of India in the Indian executive.
Directive word:
Elucidate – Give a detailed account as to how and why it occurred, or what is the context. You must
be defining key terms wherever appropriate and substantiate with relevant associated facts.
Structure of the answer:
Introduction:
Begin by giving a brief about president as the head of the Indian state.
Body:
First, write about the role of the president as the defender of the constitution.
Next, discuss how he is a titular head – He is the nominal head of the government but the real power
lies with the Prime Minister. Discuss article 53, 74, 75 etc.
Next, write about where President’s powers and does not act as a rubber stamp. For Example -Veto
powers of president like pocket veto, suspensive veto etc.
Conclusion:
Conclude by summarising.
Introduction

Article 53 reads as ‘The executive power of the Union shall be vested in the President and shall be
exercised by him either directly or through officers’ subordinate to him’. In spite of the expression
‘directly’ in Article 53 of the Constitution, India’s President merely ‘reigns and does not rule’. The

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role of president is largely ceremonial in nature. This was the consequence of 42nd Constitutional
Amendment that drastically curtailed the President’s powers with respect to the Council of
Ministers. Article 74 (1) now mandates the President to act on the aid and advice of the Council of
Ministers. This prevents the president becoming a power center rivalling that of prime minister.

Body

President’s role in Indian political setup:

 The President of India is the Head of State and the Chief Executive. The executive powers of
the Union are in the hands of the President.

 The President of India is vested with Legislative, Executive and Judicial powers. But as the
advice given by CoM is binding on Indian President, in reality, most of these powers rest with
the COM; but decisions are taken in the name of President of India.

 He exercises these either directly or through officers subordinate to him. However, being the
head of a parliamentary system, he is only a constitutional/titular head and exercises
nominal power.

 The President always acts in accordance with the advice of the Council of Ministersand the
Prime Minister. All his powers are really used by the Prime Minister and the Union Council of
Ministers.

 The President holds the highest office in India, represents the sovereignty of India, enjoys
the highest position and plays a valuable part in the working of the Indian Constitutional
system.

 President is also the supreme commander of armed forces and has powers to prorogue or
dissolve the Parliament.

 He/She further makes appointments to important posts including the PM, state governors
and Supreme Court and High Court judges.

By looking at the powers of the President, it becomes quite easy to evaluate the position of the
President. At the face value, the powers of the President appear to be very big and formidable. A
close review, however, reveals that President of India is a nominal and constitutional executive
head who exercises all his powers on the advice of the Prime Minister and his Council of Ministers.
The President is always bound to accept the advice of the Prime Minister and the Council of
Ministers. However, despite such a provision, the President is neither merely a figure head nor a
rubber stamp in the hands of the Ministry.

President’s discretionary powers:

 Suspensive Veto:

o The President has discretionary power when he exercises suspensive veto ie. when
he returns a bill (not money bill) for reconsideration of the parliament.

o However, if the bill is passed again by the Parliament with or without amendments
and presented again to the President, it is obligatory for him to give his assent to the
bill.

 Pocket Veto:
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o This is not a provision mentioned in the Indian constitution, but this is a possible
situation when the President of India can use his discretionary power. In this case,
the President neither ratifies nor reject nor return the bill, but simply keeps the bill
pending for an indefinite period.

o As the time limit within which the President has to take the decision with respect to
a bill presented to him for assent, has not been mentioned in the constitution, in
effect the inaction of the President stops the bill from becoming an act.

 President can seek information from Prime Minister:

o Under article 78 the President enjoys the right to seek information from the PM
regarding the administration of the affairs of the union.

o Under the established convention, the President has the right to warn or encourage
the Council of Minister (CoM) in the exercise of its power.

 Case of no sitting of both houses:

o Under Article 85, the President can summon each House of Parliament to meet at
such time and place as he thinks fit, to ensure that six months shall not intervene
between its last sitting in one session and the date appointed for its sitting in the
next session.

 Case of no majority:

o When no political party or coalition of parties enjoy the majority in Lok Sabha, then
the President has discretion in inviting the leader of that party or coalition of parties
who in his opinion is able to form a stable government.

 Case of no-confidence with CoM- dissolving Loksabha:

o It is for the president to decide if he should dissolve Loksabha or not when CoM
loses the majority in Lok Sabha. The President can dissolve Lok Sabha only on the
advice of CoM but the advice is binding only if the government is a majority
government.

 Case of no-confidence with CoM- dissolving CoM:

o It is for the president to decide if he should dissolve CoM or not when CoM loses the
majority in Lok Sabha.

 Case of a caretaker government:

o A caretaker government does not enjoy the confidence of Lok Sabha and hence it is
not expected to take major decisions but only to make the day-to-day administrative
decisions. It is for the President to decide the day-to-day decisions.

Indian Presidents are not rubber-stamps:

 While India’s first President Dr. Rajendra Prasad is known to have frequently disagreed with
then PM Jawaharlal Nehru, seventh President Giani Zail Singh is known to have a rocky
relationship with PM Rajiv Gandhi.

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 K R Narayanan, India’s tenth President, famously told the Parliament that he is ‘not a rubber
stamp’ while returning a proposal calling for imposition of President’s rule in UP.

 Pranab Mukherjee was more assertive than any of his predecessors. Although he is known to
have rejected 28 mercy petitions, a record number, he commuted four sentences, in
defiance of the government’s wishes and refrained from sending those back to the
government for reconsideration.

President can play an effective role:

The President is not a silent institution and his role stands beyond the constitutional provisions and
established conventions. The powers of the President flow from the oath he takes under Article
60 to ‘preserve, protect and defend the Constitution and submit himself to the service and well -
being of people of India’. Therefore, new norms can be devised and used to preserve the faith and
belief of the common man in the system. These norms can be:

 The Constitution is silent on the limitations on the President’s activities in public affairs.
Public speaking of president can initiate the debate in the society.

 Use of pocket veto in the cases which are considered to be undermining the Constitution.

 Reaching out to the people of India.

Conclusion

The office of the President should not be conceived as merely a ceremonial post or a rubber stamp.
Within the confines of constitution, a president can redefine the activities of his office. The President
can declare Emergency, suspend rights, dissolve state Assemblies and declare the government
bankrupt.

Role of civil services in a democracy.

The civil service is indeed the engine room of modern government, as they play a
crucial role in policy development and implementation, ensuring that the government’s
actions reflect the needs of the public. Discuss. (250 words)
Difficulty level: Easy
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2.
Key Demand of the question:
To write about the roles played by civil services in the modern government and its role in making
policies which are public centric.
Directive:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Structure of the answer:
Introduction:
Start by mentioning the role of civil services in the modern day.
Body:

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First, in detail, write about the roles performed by the civil services which makes it the engine room
of modern government – basis of government, policy making & implementation, services to people,
continuity in administration etc.
Next, write about the role of civil services in people centric policies. Substantiate with examples.
Conclusion:
Conclude by summarising.
Introduction

The role of Civil Servants across the domains of policy making and policy implementation is critical to
the development process. They assist in identifying major policy areas such as preparing
major policy proposals, analysing various alternatives and solutions to societal problems requiring
urgent attention, dividing the major policies into sub-policies, determining program of action
and suggesting modification in the existing policy on the basis of its experience on the
implementation front.

Body

Civil service as engine room of modern government

 Theyengage in collection of relevant data and information in order to identify core issues.
The type of information required, the extent of substance in the information so collected
and assimilation of the information is the task of the Civil Servants.

o They then assist the government in terms of providing relevant data for
substantiating policy proposals.

 Owing to their enormous administrative expertise and capability of the civil services, they
are privy to various problems and issues facing the country.

o Their knowledge and experience so acquired is then put to use byassuming the role
of the ‘think-tank’ of the government.

o The Civil Servantsassist the political executive in identifying policy issues by

suggesting the nature of problems and the need for taking them up for
consideration at higher levels.

 The civil service engages itself inexamining the issue taken up for policy formulation, it
frames and reframes policy proposals keeping in view its viability, future prospects,
resources available, acceptability, etc.

o It is also the responsibility of the civil services to analyze policy proposals in relation
to the provisions of the Constitution, the laws framed by the Parliament, and other
existing rules and regulations.

o In this way the civil serviceshelp in framing sound and effective policies.

 Civil servants are responsible for implementing the laws and policies of government.
By carrying out laws, it regulates the behaviour of the people in society.

o The ideals and objectives of government may be very popular, the plans for national
development may be extremely progressive and the resources of the country may
be abundant, but without civil services, not much can be achieved.

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o An efficient civil service canavoid waste, correct errors, limit the consequences of
incompetence or irresponsibility while implementing laws and public policies

Various roles and responsibilities

 Settingright developmental goals and priorities in areas of education, health,

communications etc. Formulation and implementation of strategies and programmes for the
development and modernisation of the nation. E.g., Formulation of plans at district, state
and national levels.

 Creation of new administrative organisationsand improving the capacity of the existing

ones for the developmental purposes.
 Todevelop agriculture, civil servants have to properly manage community resources such as
land, water resources, forests, wetlands and wasteland development. E.g. the
District Collector of Dewas, Umakant Umrao helped the farmers in Madhya Pradesh to fight
against drought by constructing over 16,000 ponds.

 Tofacilitate industrial development, infrastructural facilities such as roads, electricity,

communications, market centres etc. have to be provided. In these countries, the civil
service manages government owned business, industrial enterprises and public utility
services. IAS officer Ritu Maheshwari, installed new electricity smart meters to tackle the
prevalent electricity theft in Kanpur.

 Development and mobilisation of natural, human and financial resources and their proper
utilization for accomplishing developmental objectives. P Narahari, as district collector in
Madhya Pradesh, worked towards building a barrier-free environment that ensures
that people with disabilities can move about safely and independently.

 Securing thesupport of the people for developmental activities by involving them in the
process of development by creating appropriate attitude towards the socio-economic
changes that are taking place in society. IAS Officer, Smita Sabharwal, popularly known as
‘the people’s officer’, launched a campaign called “Fund Your City” in Warangal. She
appealed to residents to help her build the infrastructure of Naxal-affected areas, which
resulted in the construction of traffic junctions and foot over-bridges.

Conclusion

The citizen has become the focal point of the administrative and development discourse. As one of
the foremost agents of governance, the Civil Services form the connecting bridge between state and
the society. This interface is critical to both administration of programs and acquiring inputs as
feedback.

This gains currency especially since policy areas are interlinked in multiple ways and citizen has
become the core focus. Most government programs are today managed by the civil services and
allow citizens access to quick and personalized grievance redressal mechanisms. Hence, they assume
importance particularly in terms of eliminating the gulf between expectations of the electorate and
the outcomes of government initiatives.

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Discuss the challenges posed by frequent transfers of civil servants as a governance

issue. Do you believe that implementing a fixed tenure for civil servants can address
these challenges and ensure continuity in administration, ultimately leading to good
governance? State your opinion. (250 words)
Difficulty level: Tough
Reference: Insights on India , Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2.
Key Demand of the question:
To write about the issue of frequent transfers of civil servants and if fixed tenure can lead to good
governance.
Directive word:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Structure of the answer:
Introduction:
Start by giving context.
Body:
First, write about the drawbacks and impact associated with the frequent transfer of civil servants.
Next, write about the advantages of having a fixed tenure of the civil servants in a particular posting
– continuity, impartial decision making, insulation from pressure, increased efficiency etc.
Next, write about the disadvantages of having a fixed tenure of the civil servants – complacency,
shrinking accountability etc.
Conclusion:
Conclude by starting your opinion on the above issue and way forward to achieve continuity.
Introduction

An analysis of the executive record (ER) sheets of thousands of IAS officers reveals that the frequent
transfers in service are normal. But, frequent transfers have an adverse impact on their morale. This
will lead to a decline in productivity and efficacy. Eg: IAS Ashok Khemka has been transferred more
than 50 times. Pradeep Kasni has been transferred 65 times.

Body

Frequent transfer of civil servant: Background

 The Civil Services Survey reportnoted: frequent transfers has been a concern for most
respondents as it adversely affected job satisfaction, children’s education, and family
togetherness and placed officers at the mercy of corrupt influences.

 A Central government database on transfers of Indian Administrative Services (IAS) officers

who sit atop the bureaucracy in the Centre and in states shows that the average duration of
their posting in the last five years was 464 days.

 The good part about this reading is that over the last 20 years, this number has improved the
most in the last five years, and this improvement has been both at the Centre and in states.

 The bad reading is that a bureaucrat is still averaging only about 15 monthsin a posting,
which is a considerable distance away from the standard of three to five years that is
commonly spoken of in organizational and human resource contexts.

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 The analysis of the SUPREMO (Single User Platform Related to Employees Online)
databaseof the Department of Personnel and Training, Government of India, shows that the
average posting spell of civil servants in India is only about 15 months.

 Job transfers are a huge matter for governments and their employees, a source of constant
worry for employees and apparent satisfaction for governments.

Fixed tenure advantages to civil servants for good governance

 Many respondents suggested a fixed tenure of at least 2 to 3 yearsfor all civil servants
(except officers of suspect integrity) to ensure accountability and maximise their impact on
the job.
 Whilefixed tenures have not materialised, the reduction in the last five years in the
number of transfers, and a corresponding increase in average tenures across both Centre
and states, is a silver lining.

 But true, and lasting gains, calls for systemic reforms, and that is not visible at the moment.
Theundermining of transfer guidelines has been a major shortcoming of personnel
administration in India. The Second Administrative Reforms Commission has highlighted it.

 The Fifth Pay Commission had recommended that no premature transfer should be allowed
and that there should be fixation of a minimum tenure for each post. This would
ensure longevity in schemes and reforms and impact at grassroots levelin case of reforms
taken.

 Less transfers also mean, moremotivation to show real progress by civil servants and thus
working towards betterment and welfare of people.

Conclusion

Good governance and better administration of development is often offered as a plausible solution
to conflict management. At the heart of this solution are public administrators. Civil servants, no
matter how dedicated, innovative and efficient they may be, need a stability of tenure to govern
well.

A healthy working relationship between Ministers, MPs, MLAs and civil servants is critical for good
governance. Therefore, the state needs to take every stakeholder of governance in confidence.

Appointment to various Constitutional posts, powers, functions and

responsibilities of various Constitutional Bodies.
Explain the constitutional provisions related to the appointment, powers, and functions
of the CAG. (250 words)
Difficulty level: Easy
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2.
Key Demand of the question:
To write about the powers, functions and responsibilities of Comptroller and Auditor General (CAG) in
India.

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Directive word:
Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the
context. You must be defining key terms wherever appropriate and substantiate with relevant
associated facts.
Structure of the answer:
Introduction:
Begin by stating that the Constitution of India provides for an independent office of the Comptroller
and Auditor General of India (CAG) and relevant articles mentioned in the constitution.
Body:
In the first part, write about the major functions of CAG – responsible for auditing and accounting of
all receipts and expenditures of the Government of India and the state governments.
Next, write about its audit functions – performance audits, compliance audits, and financial reviews
of various government programs and initiatives.
Next, write about its reports to uphold transparency and accountability – reports prepared by the
CAG are presented in the Parliament, and the findings are discussed and debated by the Members of
Parliament.
Conclusion:
Conclude by summarising.
Introduction

The Constitution of India provides for an independent office of the Comptroller and Auditor
General of India (CAG) in chapter V under Part V. The CAG is mentioned in the Constitution of India
under Article 148 – 151. He is the head of the Indian Audit and Accounts Department. He is
the guardian of the public purse and controls the entire financial system of the country at both the
levels- the centre and state. His duty is to uphold the Constitution of India and the laws of
Parliament in the field of financial administration.

Body:

Powers: CAG derives its audit mandate from different sources like:

 Constitution (Articles 148 to 151)

 The Comptroller and Auditor General’s (Duties, Powers and Conditions of Service) Act, 1971

 Important Judgments

 Instructions of Government of India

 Regulations on Audit & Accounts-2007

Duties:

 He audits the accounts related to all expenditure from the Consolidated Fund of India,
Consolidated Fund of each state and UT having a legislative assembly.

 He audits all expenditure from the Contingency Fund of India and the Public Account of India
as well as the Contingency Fund and Public Account of each state.

 He audits all trading, manufacturing, profit and loss accounts, balance sheets and other
subsidiary accounts kept by any department of the Central Government and the state
governments.

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 He audits the receipts and expenditure of all bodies and authorities substantially financed
from the Central or State revenues; government companies; other corporations and bodies,
when so required by related laws.

Functions:

 He audits all transactions of the Central and state governments related to debt, sinking
funds, deposits, advances, suspense accounts and remittance business.

 He audits the accounts of any other authority when requested by the President or Governor
e.g. Local bodies.

 He advises the President with regard to prescription of the form in which the accounts of the
Centre and states shall be kept.

 He submits his audit reports relating to the accounts of the Centre to the President, who
shall, in turn, place them before both the houses of Parliament.

 He submits his audit reports relating to the accounts of a State to the Governor, who shall, in
turn, place them before the state legislature.
 He ascertains and certifies the net proceeds of any tax or duty and his certificate is final on
the matter.

 He acts as a guide, friend and philosopher of the Public Accounts Committee of the
Parliament.
 He compiles and maintains the accounts of state governments. In 1976, he was relieved of
his responsibilities with regard to the compilation and maintenance of accounts of the
Central government due to separation of accounts from audit.

 He submits 3 audit reports to the President: audit report on appropriation accounts, audit
report on finance accounts and audit report on public undertakings.

Responsibilities:

 His duty is to uphold the Constitution of India and laws of Parliament in the field of financial
administration.

 The accountability of the executive (i.e., the council of ministers) to the Parliament in the
sphere of financial administration is secured through audit reports of the CAG.

 The CAG is an agent of the Parliament and conducts an audit of expenditure on behalf of the
Parliament.

 Therefore, he is responsible only to the Parliament.

 The CAG has more freedom with regard to the audit of expenditure than with regard to the
audit of receipts, stores, and stock. ―Whereas in relation to expenditure he decides the
scope of the audit and frames his own audit codes and manuals, he has to proceed with the
approval of the executive government in relation to rules for the conduct of the other
audits.

 The CAG has to ascertain whether money shown in the accounts as having been disbursed
was legally available for and applicable to the service or the purpose to which they have
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been applied or charged and whether the expenditure conforms to the authority that
governs it.

 In addition to this legal and regulatory audit, the CAG can also conduct the propriety audit,
that is, he can look into the wisdom, faithfulness and economy ‘of government expenditure
and comment on the wastefulness and extravagance of such expenditure.

 However, unlike the legal and regulatory audit, which is obligatory on the part of the CAG,
the propriety audit is discretionary.

Conclusion:

CAG helps the parliament/state legislatures hold their respective governments accountable. He is
one of the bulwarks of the democratic system of government in India. It is for these reasons Dr. B R
Ambedkar said that the CAG shall be the most important Officer under the Constitution of India and
his duties are far more important than the duties of even the judiciary.

Statutory, regulatory and various quasi-judicial bodies.

A comprehensive reform agenda that focuses on the independence, efficiency,
accountability, and expertise of quasi-judicial bodies is essential. By addressing these
issues and implementing necessary reforms, the functioning of these agencies can be
significantly improved, leading to a more effective administration of justice in India.
Analyse. (150 words)
Difficulty level: Moderate
Reference: Insights on India
Why the question:
The question is part of the static syllabus of General studies paper – 2.
Key Demand of the question:
To write about quasi-judicial bodies, issues in their functioning and reforms required.
Directive word:
Analyse – When asked to analyse, you must examine methodically the structure or nature of the
topic by separating it into component parts and present them in a summary.
Introduction:
Begin by writing a about the quasi-judicial bodies in India.
Body:
First, in general, write about the need of quasi-judicial bodies in India and their major functions.
Next, write about the issues in the functioning of quasi-judicial bodies in India – understaffed. Their
engagement with duties such as law and order, protocol, coordination and other administrative
functions leaves them with much less time for court work. Their access to court clerks and record
keepers is limited. Several of the presiding officers lack proper knowledge of law and procedures etc.
Next, write about the reforms that are needed to overcome the above performance issues.
Conclusion:
Conclude by writing a way forward.
Introduction

Quasi-judicial bodies are an entity such as an arbitrator or a tribunal, generally of a Public

Administrative Agency, which has powers and procedures resembling that of a Court of Law or
Judge, and which is obliged to objectively determine facts and draw conclusions from them so as to

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provide the basis of an official action. Such actions are able to remedy a situation or to impose legal
penalties, and may affect the legal rights, duties or privileges of specific parties.

Body

Quasi-Judicial bodies in India

 Election Commission of India.

 National Green Tribunal.

 Central Information Commission (CIC)

 Income Tax Appellate Tribunal.

 Lok Adalat.

 National Human Rights Commission

 Nation Commission for Women

 National Green Tribunal and so on

Advantages and benefits of quasi judicial bodies

 Not restrained by rigid procedures: To bring flexibility and adaptability as they are not
restrained by rigid rules of procedure.g., Simplified procedure to apply RTI application under
Central Information Commission. Natural justice followed in NCLT, Lok Adalats.

 Less expensive: They are set up to be less formal, less expensive, and a faster way to
resolve disputes than by using the traditional court system.

 Ease the burden: The system also gives the much-needed relief to ordinary courts of law,
which are already overburdened with numerous suits. E.g. NCLT reduces the burden of
financial cases from judiciary. Lok Adalat resolves minor issues which would otherwise be
long drawn in courts.

 Technical expertise: They play an important role and part in the sphere of the adjudication
of disputes especially when the subject demands technical expertise. g., National Green
Tribunal avail expertise to deal with environmental issues.

 Public Awareness and suo moto powers: They enjoy some of the powers of a civil court,
viz., issuing summons and allowing witnesses to give evidence. Its decisions are legally
binding on the parties, subject to appeal. E.g., National Human Rights Commission can take
suo moto cognizance of human rights violations. It also did awareness campaign for
sensitisation towards LGBTQ community and HIV infected people.

Issues in their functioning

 There is an unfair imbalance between represented and unrepresented parties. It is unfair

to people who are not represented and cannot get legal aid to come up against a rich
corporation. Since richer parties are allowed to employ skilled representation, they are
consequently more likely to win.

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 The no-costs rule and lack of legal aid penalize poor litigants, although they do keep costs
down.

 The lack of fees encourages poor applicants, although it may also result in ill-founded
claims.

 Tribunals can become complex over time – as did the courts – rules of procedure grow up
caused by the use of representatives who as a result make representation desirable in
future.

 They may lack some of the perceived independence of the judiciary.

 It can still be difficult for the people who go to tribunals to represent themselves because of
the inherent difficulty in presenting a case in any environment.

 It undermines the celebrated principle of separation of powers.

Conclusion

Government needs to address this issue by enabling sufficient number of appointments at various
Quasi-Judicial Bodies. However, as a fool proof appointment mechanism plays a crucial role in
ensuring quality, the Government is duty bound to provide for the same. Only then can India’s
Quasi-Judicial Bodies expedite not only the resolution of disputes but also dispensation of justice.

It is important for the Enforcement Directorate to function in a neutral and

independent manner to maintain the public’s trust in its ability to fight economic
crimes. Comment. (250 words).
Difficulty level: Moderate
Reference: The Hindu
Why the question:
The article titled “Timely Caution” from The Hindu discusses the Supreme Court’s recent exhortation
to the Enforcement Directorate (ED) in India.
Key Demand of the question:
To write about the functions of ED and why it is seen a political weapon and measures needed to
counter its politicisation.
Directive:
Comment– here we must express our knowledge and understanding of the issue and form an overall
opinion thereupon.
Structure of the answer:
Introduction:
Begin by stating the aims and objectives of ED and its mandate.
Body:
In the first part, write about the functions of ED in fighting economic crimes. Substantiate with facts
and examples.
Next, write about reasons as to why ED is being seen a political weapon against political rival to
settle scores. Mention the impact of the same.
Next, write about the measures that are needed to make it neutral and accountable.
Conclusion:
Conclude by writing a way forward.
Introduction

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The Enforcement Directorate (ED) was established in 1956. ED is responsible for enforcement of
the Foreign Exchange Management Act, 1999 (FEMA) and certain provisions under the Prevention
of Money Laundering Act (PMLA), 2002. The ED Headquarters is situated at New Delhi.

The Directorate of Enforcement, with its Headquarters at New Delhi is headed by the Director of
Enforcement. There are five Regional offices at Mumbai, Chennai, Chandigarh, Kolkata and
Delhi headed by Special Directors of Enforcement. Zonal Offices of the Directorate are headed by a
Joint Director. The officers are appointed from Indian Revenue Service, Indian Corporate Law
Service, Indian Police Service and Administrative Services.

Body

Background

 The Enforcement Directorate recently searched a dozen locations, including the main office
of the Congress-owned National Heraldnewspaper in Delhi, as part of its investigation into a
money-laundering case,

 The fresh ED raids come days after interim Congress chief Sonia Gandhi was grilled by the
central agency for three days in connection with the National Herald House alleged money
laundering case.

 The Gandhis are being investigated in what is called the “National Herald case” involving the
Young Indian’s takeover of Associated Journals Limited (AJL), the company that runs the
National Herald newspaper founded by India’s first Prime Minister Jawaharlal Nehru.

Role of ED

 ED investigates suspected violations of the provisions of the FEMA. Suspected violations

includes, non-realization of export proceeds, “hawala transactions”, purchase of assets
abroad, possession of foreign currency in huge amount, non-repatriation of foreign
exchange, foreign exchange violations and other forms of violations under FEMA.

 ED collects, develops and disseminates intelligence information related to violations of

FEMA, 1999. The ED receives the intelligence inputs from Central and State Intelligence
agencies, complaints etc.

 ED has the power to attach the asset of the culprits found guilty of violation of FEMA.
“Attachment of the assets” means prohibition of transfer, conversion, disposition or
movement of property by an order issued under Chapter III of the Money Laundering Act
[Section 2(1) (d)].

 To undertake, search, seizure, arrest, prosecution action and survey etc. against offender of
PMLA offence.

 To provide and seek mutual legal assistance to/from respective states in respect of
attachment/confiscation of proceeds of crime and handed over the transfer of accused
persons under Money Laundering Act.

 To settle cases of violations of the erstwhile FERA, 1973 and FEMA, 1999 and to decide
penalties imposed on conclusion of settlement proceedings.

 ED is playing a very crucial role in fighting the menace of corruption in the country.

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ED as a political weapon

 Tool for Political Vendetta: The governments of the day have been accused of brazenly
using agencies like the ED, CBI to settle their own political scores.

o There are concerns of Enforcement Directorate’s powers being misused to harass

political opponents and intimidating them.

o It is said that “Cases and probe agencies spring out of cold storage before elections,
and turn cold soon after”.

o Many have held the agencies’ moves as motivated, aimed at tilting the scales in
favor of the incumbent government, done also through selective leaks by the
agencies to browbeat political opponents.

 The Investigation by ED is bound within the territory of India, while several high profile
offenders have fled the country.

 There is also a problem of manpower and intelligence gathering in Enforcement Directorate,

that leads to delay in timely identification and prosecution of offenders.

Solution to address the issues:

 Dedicated Fund and Grantfor the agency to ensure its independent functioning.

 Separate Recruitment for Enforcement Directorate on the lines of Civil Services.

 A separate Academy for training the manpower and to instill the right values and virtues in
the functioning is needed.

o To Act without malice, prejudice or bias, and not allow the abuse of power.

 More powers to ED: Under the Fugitive Economic Offenders Act, ED can now confiscate
properties of offenders outside India, which may not be ‘proceeds of crime’.
 Separate wings within ED for intelligence, surveillance and investigation can bring more
efficiency.

 Standard Trainingfrom time to time, to sharpen the investigative skills, and learning from
global best practices.

Conclusion
As a premier financial investigation agency of the Government of India, the Enforcement Directorate
must function in strict compliance with the Constitution and Laws of India. It must endeavour to
establish and maintain high professional standards and credibility.

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There are various administrative obstacles that Indian tribunals encounter, resulting in
the inefficiency of the Indian tribunal system, and causing delays in the resolution of
cases. Analyse. (250 words)
Difficulty level: Moderate
Reference: Hindustan Times , Insights on India
Why the question:
The Supreme Court has encouraged all courts and tribunals to adopt technology by switching to e-
filing of cases and ending the “old and outmoded” ways of filing cases in paper format, stressing that
they do not have a choice but to modernise.
Key Demand of the question:
To write about the various issues in the functioning of tribunals in India and to suggest measures to
resolve them.
Directive word:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Structure of the answer:
Introduction:
Give a brief description about tribunals and their purpose of removing delayed justice and also
adjudicate on technical issues. Mention relevant articles of constitution associated with tribunals.
Body:
Firstly, give brief history of tribunals in India. With the use of statistics and facts such as number of
tribunals established.
Discuss the performance of tribunals with respect to case pendency, adjudication, appeals,
appointments, etc.
Also, mention latest court judgements related to tribunals to bring in more independence of the
Tribunals from the executives. Mention about the National Tribunal Commission and issue of
manpower in the Tribunals.
Conclusion:
Conclude by writing a way forward to make dispensation of justice via tribunals more effective.
Introduction

Tribunal means a set or a bench upon which judge or judges sit and decide controversies between
the parties and exercises judicial powers as distinguished from purely administrative functions. It is
a quasi-judicial institution that is set up to deal with problems such as resolving administrative or
tax-related disputes. Part XIV-A of the Constitution which consist of two articles 323A and
323B deals with these Tribunals E.g.: National Green Tribunal, Central Administrative Tribunal etc

The Chief Justice of India N V Ramana had termed the state of tribunals and the thousands of
litigants waiting for justice “pitiable”. The Supreme Court has encouraged all courts and tribunals to
adopt technology by switching to e-filing of cases and ending the “old and outmoded” ways of filing
cases in paper format, stressing that they do not have a choice but to modernise.

Body

Constraints faced by tribunals in India

 The manner of appointment of its members, performance appraisal, career path for
tribunal members, remuneration, terms of service, are all outside the oversight of the
judiciary. This is the foremost problem with tribunalisation.

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 In India, executive interference in the functioning of tribunals is often seen in matters of

appointment and removal of tribunal members, as well as in provision of finances,
infrastructure, personnel and other resources required for day-to-day functioning of the
tribunals.

 Administrative tribunals, with their separate laws and procedures often made by
themselves, puts a serious limitation upon the principles of Rule of Law.

 Most of the tribunals do not enjoy the same amount of independence of the Executive as
do the Courts and the judges.

 Recently, the Chief Justice of India NV Ramana-led bench of the Supreme Court pulled up
the central government for the rising number of vacancies in various law tribunals across
the country. The bench asked the centre to “clear its stand” on the urgent need to fill these
vacancies.

 The civil and criminal courts have a uniform pattern of administering justice. A uniform code
of procedure in administrative adjudication is not there.

 Administrative tribunals are manned by administrators and technical heads who may not
have the background of law or training of judicial work. At times they adopt summary
procedures to deal with cases coming before them

 In Chandra Kumar case, SC held that the appeals to such tribunals lies before the court and
hence defeats the whole purpose of reducing burden of the superior courts.

 Since the tribunals are mainly chaired by the retired judges who are appointed by the
government, so the present judges in courts may favour government in certain matter to
gain political patronage in appointment to such tribunals after retirement.

 Lack of adequate infrastructure to work smoothly and perform the functions originally
envisioned for them. There is a lack of understanding of the staffing requirements in
tribunals.

National tribunal commission – a way forward

 The idea of an NTC was first mooted by the Supreme Court in L. Chandra Kumar v. Union of
India (1997).

 NTC is envisaged to be an independent umbrella body to supervise the functioning of

tribunals, appointment of and disciplinary proceedings against members, and to take care of
administrative and infrastructural needs of the tribunals.

 NTC will support uniform administration across all tribunals. It could set performance
standards for the efficiency of tribunals and their own administrative processes.

 Giving the NTC the authority to set members’ salaries, allowances, and other service
conditions, subject to regulations, would help maintain tribunals’ independence.

 The NTC could pave the way for the separation of the administrative and judicial functions
carried out by various tribunals.

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 A ‘corporatised’ structure of NTC with a Board, a CEO and a Secretariat will allow it to scale
up its services and provide requisite administrative support to all tribunals across the
country.

 NTC could function as an independent recruitment body to develop and operationalise the
procedure for disciplinary proceedings and appointment of tribunal members.

 An NTC will effectively be able to bring in uniformity in the appointment system meanwhile
ensuring that it is independent and transparent.

Conclusion

The tribunalisation of justice was introduced to speed up the adjudication process, and they have
been productive in their goal. The tribunals have carved out a distinct position in the Indian
landscape by adjudicating several interesting issues. The independence of these tribunals was
described as a fundamental feature of the Indian Constitution in the case of Rojer Mathew’s
decision. This fundamental feature must be encapsulated and maintained in reality through the
creation of the NTC, which will be solely responsible for choosing, monitoring, and removing
appointees to make sure that the tribunals are occupied with men of honesty and great behaviour.

Value addition

Tribunals and their mandate

 The original Constitution did not contain provisions with respect to tribunals.

 The 42nd Amendment Act of 1976 added a new Part XIV- A to the Constitution.

 This part is entitled as ‘Tribunals’ and consists of only two Articles–Article 323 A dealing with
administrative tribunals and Article 323 B dealing with tribunals for other matters.

 Article 323 A empowers the Parliament to provide for the establishment of administrative
tribunals for the adjudication of disputes relating to recruitment and conditions of service of
persons appointed to public services of the Centre, the states, local bodies, public
corporations and other public authorities.

 Under Article 323 B, the Parliament and the state legislatures are authorised to provide for
the establishment of tribunals for the adjudication of disputes relating to the following
matters:

o Taxation

o Foreign exchange, import and export

o Industrial and labour

o Land reforms

o Ceiling on urban property

o Elections to Parliament and state legislatures

Tribunals and judicial efficiency

 Flexibility: Rigid procedures and evidence ordeals of courts are not followed, rather it goes by
the principle of natural justice.
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 Less Expensive: Administrative justice ensures cheap and quick justice. Its procedures are
simple and can be easily understood by a layman.

 Relief to Courts: The tribunals perform an important and specialised role in justice
mechanism. They take a load off the already overburdened courts. They hear disputes related
to the environment, armed forces, tax and administrative issues.

 Reduce pendency: To overcome the situation that arose due to the pendency of cases in
various Courts, domestic tribunals and other Tribunals have been established under different
Statutes, hereinafter referred to as the Tribunals.

 Adequate Justice: In the fast-changing world of today, administrative tribunals are the most
appropriated means of administrative action, and also the most effective means of giving
fair justice to the individuals.

o Lawyers, who are more concerned about aspects of law, find it difficult to adequately
assess the needs of the modern welfare society

 Efficiency: The Tribunals were set up to reduce the workload of courts, to expedite decisions
and to provide a forum which would be manned by lawyers and experts in the areas falling
under the jurisdiction of the Tribunal.

SEBI plays a crucial role in regulating and developing the securities and commodity
markets in India. However, it faces various challenges in its functioning, which need to
be addressed to ensure that the market operates in a fair and transparent manner.
Examine. (250 words)
Difficulty level: Moderate
Reference: The Hindu , Insights on India
Why the question:
Barely two days before the expiry of a Supreme Court-stipulated deadline to probe allegations raised
by Hindenburg Research about misdemeanours and violations of stock market norms by the Adani
group, the Securities and Exchange Board of India (SEBI) has sought at least six more months from
the Court to finalise its findings.
Key Demand of the question:
To write about the functions and power of SEBI, issues faced by it and possible solutions.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect
it, investigate it and establish the key facts and issues related to the topic in question. While doing so
we should explain why these facts and issues are important and their implications.
Introduction:
Begin by writing about the aims and objectives of SEBI.
Body:
First, write about the major powers and functions of SEBI – quasi-legislative, quasi-judicial and quasi-
executive. It drafts regulations in its legislative capacity, it conducts investigation and enforcement
action in its executive function and it passes rulings and orders in its judicial capacity.

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Next, write about the major issues faced by SEBI in its functioning – lack of independence, reactive
approach, insufficient oversight etc. Cite examples.
Next, write about the measures that are needed to improve the performance of SEBI.
Conclusion:
Conclude by writing a way forward.
Introduction

SEBI is essentially a statutory body of the Indian Government that was established on the 12th of
April in 1992. It was introduced to promote transparency in the Indian investment market. Besides
its headquarters in Mumbai, the establishment has several regional offices across the country
including, New Delhi, Ahmedabad, Kolkata and Chennai.

It is entrusted with the task to regulate the functioning of the Indian capital market. The regulatory
body lays focus on monitoring and regulating the securities market in India to safeguard the interest
of investors and aims to inculcate a safe investment environment by implementing several rules and
regulations as well as by formulating investment-related guidelines.

Body

Background
Barely two days before the expiry of a Supreme Court-stipulated deadline to probe allegations raised
by Hindenburg Research about misdemeanours and violations of stock market norms by the Adani
group, the Securities and Exchange Board of India (SEBI) has sought at least six more months from
the Court to finalise its findings.

Power and functions of SEBI

Being a regulatory body, SEBI India has several powers to perform vital functions. The SEBI Act of
1992 carries a list of such powers vested in the regulatory body. The functions of SEBI make it an
issuer of securities, protector of investors and traders and a financial mediator.

Powers

 SEBI is a quasi-legislative and quasi-judicial body which can draft regulations, conduct
inquiries, pass rulings and impose penalties.

 By Securities Laws (Amendment) Act, 2014, SEBI is now able to regulate any money pooling
scheme worth Rs. 100 cr. or more and attach assets in cases of non-compliance.

 SEBI Chairman has the authority to order “search and seizure operations”. SEBI board can
also seek information, such as telephone call data records, from any persons or entities in
respect to any securities transaction being investigated by it.

 SEBI performs the function of registration and regulation of the working of venture capital
funds and collective investment schemes including mutual funds.

 It also works for promoting and regulating self-regulatory organizations and prohibiting
fraudulent and unfair trade practices relating to securities markets.

Functions

 To protect the interests of Indian investors in the securities market. ,

 To promote the development and hassle-free functioning of the securities market.

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 To regulate the business operations of the securities market.

 To serve as a platform for portfolio managers, bankers, stockbrokers, investment advisers,

merchant bankers, registrars, share transfer agents and other people.

 To regulate the tasks entrusted on depositors, credit rating agencies, custodians of

securities, foreign portfolio investors and other participants.

 To educate investors about securities markets and their intermediaries.

 To prohibit fraudulent and unfair trade practices within the securities market and related to
it.

 To monitor company take-overs and acquisition of shares.

 To keep the securities market efficient and up to date all the time through proper research
and developmental tactics

Issues faced by SEBI in recent times

 In recent years SEBI’s role became more complex, the capital markets regulator is at a
crossroads.

 There is excessive focus on regulation of market conduct and lesser emphasis on prudential
regulation.

 SEBI’s statutory enforcement powers are greater than its counterparts in the US and the
UK as it is armed with far greater power to inflict serious economic injury.

 It can impose serious restraints on economic activity, this is done based on suspicion,
leaving it to those affected to shoulder the burden of disproving the suspicion, somewhat
like preventive detention.

 Its legislative powers are near absolute as the SEBI Act grants wide discretion to make
subordinate legislation.

 The component of prior consultation with the market and a system of review of regulations
to see if they have met the articulated purpose is substantially missing. As a result, the fear
of the regulator is widespread.

 Regulation, either rules or enforcement, is far from perfect, particularly in areas like insider
trading.
 The Securities offering documents are extraordinarily bulky and have substantially been
reduced to formal compliance rather than resulting in substantive disclosures of high
quality.

Reforms needed

 There is need of an attitudinal change, indeed, hundreds of inputs about the market being
full of crooks necessitating a crackdown and severe intervention would be received.

 The foremost objective of SEBI should be cleaning up the policy space in this area of the
market.

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 SEBI must give special attention to human resources and matters within the organization.
SEBI must encourage lateral entry to draw the best talent.

 Alignment and fitment of senior employees upon merger of the Forward Markets
Commission into Sebi remains an open area of work.

 Enforcement can be strengthened with continuous monitoring and improving market

intelligence.

 India’s financial markets are still segmented. One regulator can’t be blamed for another’s
failure when the remit over a financial product overlaps.

o In this context a unified financial regulator makes eminent sense to remove both
overlap and excluded boundaries.

Conclusion

While demanding greater financial autonomy, regulators must also show themselves to be
accountable to the public by being more transparent about their financial affairs. SEBI must develop
good market intelligence and pre-emptively stop the Adani like incidents from affecting trust in
Indian capital market that will drive away investors.

Government policies and interventions for development in various sectors and

issues arising out of their design and implementation.
By relying on electric vehicles (EVs), India can decrease its dependence on imported
fossil fuels, enhancing energy security. However, the reduction in subsidies for electric
two-wheelers in India is expected to hinder the mass adoption of electric vehicles (EVs).
Evaluate. (250 words)
Difficulty level: Moderate
Reference: Down to Earth
Why the question:
The subsidy cuts may impact the affordability of EVs for consumers, potentially slowing down the
transition to cleaner and sustainable transportation.
Key Demand of the question:
To write about the impact of shifting to electric vehicles on the environment, economy and also to
examine the impact of reduction in subsidy for EVs.
Directive word:
Evaluate – When you are asked to evaluate, you have to pass a sound judgement about the truth of
the given statement in the question or the topic based on evidence. You must appraise the worth of
the statement in question. There is scope for forming an opinion here.
Structure of the answer:
Introduction:
Start by describing the electric vehicles (EV) technology vis-à-vis fossil fuel-based vehicles.
Body:
Mention the impact the EV can have on India economically in terms of reducing dependence on crude
oil and reduced import bill and improved domestic energy independence.

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Indian Constitution- historical underpinnings, evolution, features, amendments,

significant provisions and basic structure.
Without a proper data protection framework in place, there is a risk of encroaching
upon citizens’ fundamental right to privacy without any means of accountability.
Analyse. (250 words)
Difficulty level: Tough
Reference: Indian Express
Why the question:
The article emphasizes the need to expedite the implementation of a data protection policy in light of
the challenges faced during the rollout of the CoWIN platform in India.
Key Demand of the question:
To write about need and significance of protection of personal data of the people in India.
Directive:
Analyse – When asked to analyse, you must examine methodically the structure or nature of the
topic by separating it into component parts and present them in a summary.
Structure of the answer:
Introduction:
Begin by writing about fundamental right to privacy, especially in the light of recent events.
Body:
First, write about the evolution towards data protection law since SC judgement of 2027 – Just Sri
Kirshna committee, JPC on the draft law etc, Withdrawal of personal data protection bill.
Next, write about why protecting personal data is important? – Data protection regulations ensure
the security of individuals’ personal data and regulate the collection, usage, transfer, and disclosure
of the said data and how without a law it renders fundamental right to privacy ineffective.
Conclusion:
Conclude writing a way forward.
Introduction

Data protection is the process of protecting data and involves the relationship between the
collection and dissemination of data and technology. It aims to strike a balance between individual
privacy rights while still allowing data to be used for myriad purposes. The sheer volume of people’s
data on the internet and the advancements in technologies such as Artificial intelligence, Data
mining and machine learning poses a threat of abuse and misuse of data.

Body
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Data protection in India

 Several countries have dedicated law for data protection like Japan’s Act on Protection of
Personal Information. European Union has also adopted General Data Protection
Regulation 2018.

 India does not have any dedicated legal framework for data protection. Presently some acts
cover the data protection in general.

o Sec 43A of Information Technology Act 2000 protects user data from misuse but it is
applicable to only corporate entities and not on government agency. Also, the rules
are restricted to sensitive personal data only — medical history, biometric
information among other things.

o Other acts like Consumer Protection Act 2015, Copyrights Act 1957 among others
also attempt to protect the personal information.

 The need for a more robust data protection legislation came to the fore in 2017 post the
Supreme Court’s landmark judgment in Justice K.S. Puttaswamy (Retd) v. Union of
India that established the right to privacy as a fundamental right.

 In 2018, a draft version of the bill was prepared by a committee headed by retired Justice B
N Srikrishna. Recently, the Personal Data Protection Bill, 2019 was introduced in Lok Sabha
by the Minister of Electronics and Information Technology.

Need for Data Protection in India

India has around 40 cr internet users and 25cr social media users who spend significant time online.
The average cost for data breach in India has gone up to Rs. 11.9 crore, an increase of 7.9% from
2017. Moreover, in the KS Puttaswamy case, the Supreme Court has declared Data Privacy as a
fundamental right under Article 21. Hence it becomes all the more significant to ensure data
protection. The reasons are as follows:

 Data Export: Most of the data storage companies are based abroad. Especially the e-
commerce companies that have exabytes of data on Indians. They also export data to other
jurisdiction making it difficult to apply Indian laws.

 Data Localization: Enforcing data localization has faced backlash from many private entities
and their home governments. There hundreds of private players are involved in data
dynamics which makes it difficult to apply uniform data protection framework.

 User Consent: Generally, the application using pre-ticked boxes on consent while asking
users regarding the acceptance to the terms and conditions.

 Privacy Breach: It is usually difficult to trace the perpetrator invading the data privacy.

 Privacy laws: Currently, the usage and transfer of personal data of citizens is regulated by
the Information Technology (IT) Rules, 2011, under the IT Act, 2000. However, this are
applicable only to private entities and not on government agency.

 Data ownership: As per TRAI guidelines, individuals own the data, while the collectors and
data processors are mere custodians of data who are subject to regulations.

Conclusion
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Considering the data privacy as the fundamental right of a citizen and economic downturns of the
potential breaches in data, government need to reconsider the above pending issues. A robust
Personal data protection law is the need of the hour. Due importance needs to be given on public
awareness, better implementation and regulation and efficient grievance redressal as well.

Although there is no specific time limit for Governors to decide on Bills, they cannot
misuse their power to indefinitely obstruct or delay the functioning of a democratically
elected government. Examine. (250 words)
Difficulty level: Tough
Reference: The Hindu
Why the question:
The article discusses the issue of Governors delaying or obstructing the passage of Bills in India.
Key Demand of the question:
To write about role of governor in giving/withholding assent to bills passed by state legislature.
Directive word:
Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect
it, investigate it and establish the key facts and issues related to the topic in question. While doing so
we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Begin by giving context about article 200.
Body:
First, write in detail about the various options with the Governor with respect to a bill passed by the
state legislature.
Next, write about the drawbacks on indefinitely sitting on the bill (pocket veto) and issues arising
from such action.
Next, write about the possible solutions to the above issue.
Conclusion:
Conclude by writing a way forward.
Introduction

The makers of the Constitution of India did not anticipate that the office of the Governor, meant
to “preserve, protect and defend the Constitution and the law”, would metamorphose into the
most controversial constitutional office rendering the constitutional praxis rugged.

On his/ her discretion, the Governor can reserve a bill passed by the state legislature for president’s
assent. However, situations are mentioned in Article 200, when he will reserve the bill, yet he can
use, discretion regarding this matter. Governor has discretion to refuse to sign to an ordinary bill
passed by the state legislature.

Body

Governor’s power to reserve bills for consideration of the President

Article 200 of the Indian Constitution deals with the powers of the Governor with regard to assent
given to bills passed by the State legislature and other powers of the Governor such as reserving the
bill for the President’s consideration.

According to Article 200, when a Bill, passed by the Legislature of a State, is presented to the
Governor, he has the following options:

Ordinary Bills
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When a bill is sent to the governor after it is passed by state legislature, he can:

 Give his assent to the bill, or

 Withhold his assent to the bill, or

 Return the bill (if it is not a money bill) for reconsideration of the state legislature.

However, if the bill is passed again by the state legislature with or without amendments, the
governor has to give his assent to the bill or

 Reserve the bill for the consideration of the president. In one case
such reservation is obligatory, that is, where the bill passed by the state legislature
endangers the position of the state high court. When the governor reserves a bill for the
consideration of the President, he will not have any further role in the enactment of the
bill.

o If the bill is returned by the President for the reconsideration of the House or
Houses and is passed again, the bill must be presented again for the presidential
assent only.

o If the President gives his assent to the bill, it becomes an act.

o This means that the assent of the Governor is no longer required.

Options before the President:

When a Bill is reserved by a Governor for the consideration of the President, the President shall
declare either that he assents to the Bill or that he withholds assent therefrom Provided that:

1. Where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to
the House or, as the case may be, the Houses of the Legislature of the State together with
such a message as is mentioned in the first proviso to article 200.

2. When a Bill is so returned, the House or Houses shall reconsider it accordingly within a
period of six months from the date of receipt of such message and, if it is again passed by
the House or Houses with or without amendment, it shall be presented again to the
President for his consideration.

3. It is not mentioned in the constitution whether it is obligatory on the part of the President to
give his assent to such a bill or not.

Critical analysis of such powers of Governor

 Delays in granting assent: Thegovernors sometimes sat over the Bills without giving assent
or returning the Bills for an indefinite period, even though the Constitution required it to be
done as soon as possible.

o The governors were also taking months together to reserve the Billsfor the assent
of the President even though it was to be done immediately.

o This erodes the authority of the legislaturesand the governors, though heads of the
state executive, are appointed by the Union government.

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 Exceptional situations: In addition to above illustrated powers, the governor can also
reserve the bill if it is of the following nature:

o Ultra-vires, that is, against the provisions of the Constitution.

o Opposed to the Directive Principles of State Policy.

o Against the larger interest of the country.

o Of grave national importance.

o Dealing with compulsory acquisition of property under Article 31A of the

Constitution.

 Case studies
o Tamil Nadu Assembly in September, 2021passed a bill seeking exemption for
students from the state from the National Eligibility cum Entrance Test (NEET)
required for undergraduate medical college admissions.

 This Bill has been with Governor since then without rejection or acceptance.

 Indecision can prove costly.

o Manipur Speaker had not decided on defection, until Supreme Court forced him
and bound him by giving a time frame. Justice can be denied in such cases to those
who are affected.

 Against the spirit of Constitution: Withholding of assent, though an option, is not normally
exercised by Governors because it will be an extremely unpopular step.

o Besides, withholding assent to a Bill by the Governor, an appointee of the President,

neutralises the entire legislative exercise by an elected legislature enjoying the
support of the people.

Conclusion

Giving assent to a Bill passed by the legislature is a normal constitutional act performed by the
Governor. But of late, even such normal acts have become a source of confrontation between State
governments and the Governors. The conduct of Governors in certain States follows a definite
pattern which causes a great deal of disquiet to elected governments as well as to those who have
faith in the constitutional order. Thus, it falls to the Supreme Court to fix a reasonable time frame for
Governors to take a decision on a Bill passed by the Assembly in the larger interest of federalism in
the country.

Present a critical assessment of the current state of Indian democracy, highlighting the
need for safeguarding democratic values, protecting institutions, and fostering an
inclusive and participatory political system. (250 words)
Difficulty level: Tough
Reference: The Hindu , Insights on India

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Why the question:

The linked article discusses the state of democracy in India.
Key Demand of the question:
To write about various issues in Indian democracy, need to safeguarding its crucial aspects and ways
to do so.
Structure of the answer:
Introduction:
Start by defining democratic form of government and its features in brief.
Body:
First, write about the current state of Indian democracy and various issues in it – erosion of
democratic values, the concentration of power, and the diminishing space for dissent. Write about its
impact by citing examples and statistics.
Next, write about the measures that are needed to counter the above.
Conclusion:
Conclude by writing a way forward.
Introduction

The current state of Indian democracy presents both strengths and challenges that warrant a critical
assessment. While India is the world’s largest democracy and has a history of holding regular
elections, there are several areas where democratic values need safeguarding and institutional
protection.

Body

Various issues plaguing Indian democracy and inclusive measures needed to safeguard democracy

 Erosion of democratic values: India has witnessed instances of rising intolerance, religious
polarization, and social divisions that threaten the democratic fabric of the country. There
have been concerns about curbs on freedom of expression, attacks on dissent, and
attempts to suppress voices critical of the government.

o Eg: Delhi Riots, treatment of women Olympic wrestling champion during protest
against sexual harassment.

o Safeguarding democratic values requires a commitment to inclusivity, pluralism, and

respect for the rights and dignity of all individuals.

 Weakening of institutions: The independence and effectiveness of democratic

institutions, such as the judiciary, media, and election commission, have been subject to
scrutiny.
o There have been instances where the impartiality and autonomy of these
institutions have been questioned, undermining their ability to act as checks and
balances on executive power.

o Strengthening and protecting these institutions is vital to ensure the proper

functioning of democracy.

o Eg: Use of CBI/ED against political opponents of the ruling governmen Raid on BBC
channel after running a program that criticised the government.

 Political polarization: India has experienced growing political polarization along various
lines, including ideology, religion, and regionalism. This polarization often hampers

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constructive dialogue, compromises decision-making, and undermines the spirit of

consensus-building, leading to a fragmented political landscape.

o Eg: Caste based polarisation for vote bank politics.

 Communal and religious tensions: India is a diverse country with multiple religions and
ethnicities. However, incidents of religious tensions, communal violence, and discrimination
continue to challenge the social fabric of the nation. Ensuring harmony, promoting interfaith
dialogue, and addressing the root causes of such tensions are vital for the strength of Indian
democracy.

 Dynastic politics and concentration of power: Dynastic politics, where political power is
concentrated within a few families, is a persistent issue in Indian democracy. This
phenomenon can lead to a lack of internal party democracy, limited opportunities for new
leaders to emerge, and reduced accountability.

 Corruption and ethical challenges: Corruption remains a significant concern in Indian

democracy, affecting various sectors and levels of governance. High-profile corruption
scandals, lack of transparency in political funding, and ethical challenges among public
officials undermine the credibility of institutions and erode public trust.
 Inequality and social exclusion: India faces persistent challenges related to economic
inequality, social exclusion, and caste-based discrimination. The unequal distribution of
resources, limited access to education and healthcare, and marginalization of disadvantaged
communities hinder the principles of equal opportunity and social justice in a democratic
society. Eg: Migrant crisis during Covid-19 lockdown showed the exclusionary policies
affecting millions in India.

 Weak implementation of policies and governance issues: Although India has implemented
several progressive policies, the challenge lies in effective implementation and last-mile
delivery. Bureaucratic inefficiencies, corruption, and a lack of accountability often hamper
the execution of well-intended initiatives, resulting in a gap between policy intent and
outcomes.
 Gender inequality and women’s representation: Despite constitutional guarantees of
gender equality, women in India continue to face significant challenges, including gender-
based violence, unequal representation in politics, and limited access to resources and
opportunities. Enhancing women’s empowerment and addressing gender disparities are
essential for a truly inclusive democracy.

o Eg: Women’s Labour force participation is 32.8% which is very low for world’s
most populous nation.

Measures needed

 Electoral reforms: While India conducts regular elections, there is a need for comprehensive
electoral reforms. Issues such as the influence of money and muscle power, lack of
transparency in campaign financing, and the role of criminal elements in politics need to be
addressed. Enhancing transparency, accountability, and fairness in the electoral process will
promote a more inclusive and representative democracy.

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 Inclusive participation and representation: Despite India’s diversity, there are ongoing
challenges in ensuring adequate representation and participation of marginalized
communities, including women, religious minorities, and disadvantaged groups. Efforts
should be made to address these gaps by promoting equal opportunities, encouraging
political participation, and empowering marginalized sections of society.

 Strengthening local governance: While India has a decentralized system of governance,

there is a need to strengthen local institutions and empower local governments.
Strengthening grassroots democracy can enhance citizen participation, ensure better
delivery of public services, and foster a sense of ownership and accountability.

 Social and economic inequalities: Addressing social and economic inequalities is crucial for a
truly inclusive democracy. India continues to grapple with issues such as poverty, unequal
access to education and healthcare, and the digital divide. Bridging these gaps and ensuring
a more equitable distribution of resources will help create a conducive environment for
democratic participation and social cohesion.

Conclusion

In summary, while India’s democracy has made significant strides, it faces challenges that require
attention and action. Safeguarding democratic values, protecting institutions, and fostering an
inclusive and participatory political system are essential for India’s continued democratic progress. It
demands a collective effort from all stakeholders to uphold the principles of democracy, promote
inclusivity, and address the existing gaps and inequalities within the Indian democratic framework.

Appointment to various Constitutional posts, powers, functions and

responsibilities of various Constitutional Bodies.
What are the roles and responsibilities of the speaker of Lok Sabha? Comment on the
constitutional importance of the speaker’s non-partisan behaviour. (250 words)
Difficulty level: Easy
Reference: Times of India
Why the question:
The article highlights a statement made by Lok Sabha Speaker, Om Birla, emphasizing the
importance of in-depth debates for passing legislations.
Key Demand of the question:
To write about the powers of Speaker and importance of his office and his non-partisan behaviour.
Directive word:
Comment– here we must express our knowledge and understanding of the issue and form an overall
opinion thereupon.
Structure of the answer:
Introduction:
Begin by mentioning Article 93 of the Indian Constitution.
Body:
First, in detail enumerate the various roles and personalities of the Speaker of the Lok Sabha in the
functioning of our parliamentary democracy.
Next, write about the functions performed by the speaker and about his non-partisanship.
Conclusion:
Conclude by summarising.

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Introduction

The Speaker is the presiding officer of the Lok Sabha (House of the People), the lower house of the
Parliament of India. The speaker is elected generally in the very first meeting of the Lok Sabha
following general elections. Serving for a term of five years, the speaker chosen from sitting
members of the Lok Sabha (House of the People), and is by convention a member of the ruling party
or alliance.

Body

Functions and powers of Lok Sabha speaker:

 Speaker of Lok Sabha is basically the head of the house and presides over the sittings of
Parliament and controls its working.

 The constitution has tried to ensure the independence of Speaker by charging his salary on
the consolidated Fund of India and the same is not subject to vote of Parliament.

 While debating or during general discussion on a bill, the members of the parliament have to
address only to the Speaker.
 Whenever there is a joint sitting of both houses of Parliament (Lok Sabha & Rajya
Sabha),the Speaker of the Lok Sabha presides over this meeting.

 In the normal circumstances the Speaker does not cast his vote over any matter in Lok
Sabha. But whenever there is a tie on votes between the ruling party and opposition, the
Speaker at that time can exercise his vote.

 It is the Speaker who decides the agenda of various discussions.

 The speaker has the power to adjourn or suspend the house/meetings if the quorum is not
met.

 The Speaker ensures the discipline and decorum of the house. If the speaker finds the
behaviour and a member of Parliament is not good, he/she can punish the unruly members
by suspending.

 The Speaker decides whether a bill brought to the house is a money bill or not. In the
case Speaker decides some bill as a money bill, this decision cannot be challenged.
 Speaker is the final and sole authorityto allow different types of motions and resolutions
such as No Confidence Motion, Motion of Adjournment, Censure Motion
 The Speaker of Lok Sabha does not leave the office just after dissolution of the assembly. He
continues to be in the office till the newly formed assembly takes its first meeting and elects
the new Speaker.

Importance of office of Speaker:

 The office of the Speaker occupies a pivotal position in our parliamentary democracy.

 It has been said of the office of the Speaker that while the members of Parliament represent
the individual constituencies, the Speaker represents the full authority of the House itself.

 She symbolizes the dignity and power of the House over which she is presiding.

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 In the Lok Sabha, as in the United Kingdom, the Speaker is the supreme authority; she has
vast powers and it is his primary duty to ensure the orderly conduct of the business of the
House.

 Every textbook of constitutional law points out the two essential qualities of a
Speaker: Independence and impartiality.

 GV Mavlankar, the first Speaker, observed: “Once a person is elected Speaker, he is

expected to be above parties, above politics. In other words, he belongs to all the
members or belongs to none. He holds the scales of justice evenly, irrespective of party or
person”.

 Pandit Nehru referred to the Speaker as “the symbol of the nation’s freedom and liberty”
and emphasised that Speakers should be men of “outstanding ability and impartiality”.

 MN Kaul and SL Shakdher, in their book Practice and Procedure of Parliament, refer to him
as the conscience and guardian of the House.

 As the principal spokesperson of the Lok Sabha, the Speaker represents its collective
voiceand speaks for the House as a whole.

 Her unique position is illustrated by the fact that she is placed very high in the Warrant of
Precedence in our country, standing next only to the President, the Vice-President and the
Prime Minister.

 In India, through the Constitution of the land, through the Rules of Procedure and Conduct
of Business in Lok Sabha and through the practices and conventions, adequate powers are
vested in the office of the Speaker to help her in the smooth conduct of the parliamentary
proceedings and for protecting the independence and impartiality of the office.

 The Constitution of India provides that the Speaker’s salary and allowances are not to be
voted by Parliament and are to be charged on the Consolidated Fund of India.

 Therefore, it is expected that the holder of this office of high dignity has to be one who can
represent the House in all its manifestations.

However, there have been many instances when the Speaker’s office has been in the dock:

 Appointment and tenure: The structural issues regarding the manner in which the Speaker
is appointed and his tenure in office. Usually, the speaker is from the ruling party and this
makes it a more of a political liability on speaker to favour his party.

 Lack of Tenure security: With no security in the continuity of office, the Speaker is
dependent on his or her political party for re-election. This makes the Speaker susceptible to
pulls and pressures from her/his political party in the conduct of the proceedings of the Lok
Sabha.

 Anti-defection law: In recent times, there are number of instances where the role of
speaker has been criticized for decision on membership of MLAs under the anti-defection
law and their ruling have been challenged in courts. The Tenth Schedule says the
Speaker’s/Chairperson’s decision on questions of disqualification on ground of defection
shall be final and can’t be questioned in courts. It was anticipated that giving Speakers the

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power to expel legislators would prevent unnecessary delays by courts and make anti-
defection law more effective.

 Discretionary power: There are various instances where the Rules vest the Speakers with
unbridled powers such as in case of declaration of bill as money bill (Lok Sabha Speaker).
This discretionary power comes under criticism when Aadhar bill was introduced in Lok
Sabha as Money Bill.

 Referral to DSRCs: The Speaker is also empowered to refer the Bill to a Standing
Committee. As per prevailing practice house members or speaker usually refers all
important bills to the concerned Departmentally Related Standing Committees for
examination and report. But in recent time speaker uses its discretionary power to pass
many important bills on day after introduction of bill without proper discussion and
references.

 Increased disruptions: Frequent disruptions reduced the time required for important
discussions and compel speaker to allocate less time for discussion. This often questions the
impartiality of speaker as he allegedly provides more time to ruling party. Also, it is alleged
that speaker took harsh punishment against the disrupting member of opposition compared
to government
 Elections: The position of the Indian Speaker is paradoxical. They contest the election for the
post on a party ticket. Yet they are expected to conduct themselves in a non-partisan
manner, while being beholden to the party for a ticket for the next election.

 Political Aspirations: The position is often used to woo the political parties by favouring
them to harbour political ambitions. The need for re-election also skews incentives for the
Speaker. The fear of losing the position in case of not favouring their political parties also
pushes them to compromise neutrality.

Measures needed to ensure Speaker’s impartiality:

 The Page Committee, headed by V.S. Page, suggested that if the Speaker had conducted
himself or herself in an impartial and efficient manner during the tenure of his or her office,
he or she should be allowed to continue in the next Parliament.

 Anyone seeking the office of the Speaker might be asked to run for election on an
independent ticket.

 Any Speaker should be barred from future political office, except for the post of President,
while being given a pension for life.

 Following the UK model of Speaker where the Speaker elect compulsorily resigns from the
party membership. This will ensure neutrality of the office.

 The Speaker should be allowed to recommend a range of disciplinary actions like cuts in
salary, reduction in speaking time for the member based on the recommendation of the
parliamentary committee.

 The Speaker can arrange informal sessions with the members who frequently disrupt the
house. He can try to resolve their grievances if any with respect to the conduct of the house.

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 A code of ethics for MPs must be formed to clearly define cases for suspension and
dismissals.

 Power must be given to speaker to form a parliamentary committee to recommend removal

of MPs regularly disrupting the house. The decision of the committee must be subject to
judicial review.

 Ethics committee of Lok Sabha need to be given more mandate like other mature
democracies

Conclusion:

The office of the Speaker in India is a living and dynamic institution which deals with the actual
needs and problems of Parliament in the performance of its functions. It is in her that the
responsibility of conducting the business of the House in a manner befitting the place of the
institution in a representative democracy is invested.

The founding fathers of our Constitution had recognized the importance of this office in our
democratic set-up and it was this recognition that guided them in establishing this office as one of
the prominent and dignified ones in the scheme of governance of the country smoothly.

Issues and challenges pertaining to the federal structure

Fiscal federalism plays a vital role in the effective functioning of a federal system of
government. The Indian government should take proactive steps to address issues
related to fiscal federalism and implement measures to enhance the autonomy of
states in financial matters. Discuss. (250 words)
Difficulty level: Moderate
Reference: Live Mint
Why the question:
The Sixteenth Finance Commission (16th FC) is likely to be appointed soon. It is a good time to reflect
on some challenging issues of fiscal federalism that the 16th FC may have to face.
Key Demand of the question:
To write about the evolution of fiscal federalism in India, issues in it and measures needed to
overcome the issues.
Directive:
Discuss – This is an all-encompassing directive – you must debate on paper by going through the
details of the issues concerned by examining each one of them. You must give reasons for both for
and against arguments.
Structure of the answer:
Introduction:
Begin by defining fiscal federalism in India.
Body:
First, give a brief about the development of fiscal federalism in India since independence.
Next, write about the various issues with respect to fiscal federalism in India – opacity, GST issues,
FRMBA, impact of the pandemic etc.
Next, write about the measures needed to rectify the above.
Conclusion:
Conclude with a way forward.
Introduction

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While fiscal federalism in India has a long history, its practice has grown increasingly opaque over
the years. Serious attention is required to improve its principles and practices. The India of today,
notably through its governance “matrix”, economic development, institution-building and
multilateral relations, are vastly different from the India that drafted its constitution in 1950. India is
going through a transition in its intergovernmental relations. Boundaries based on linguistic factors
and administrative convenience are blurring, given changes brought on by innovation and migration.
Socio-economic trends such as technological change, rising mobility and market integration will
affect the future of fiscal federalism in India.

Body

Development of fiscal federalism in India

 Broadly speaking, with the evolution of fiscal federalism in India, there has beenmarked
stability in its process and procedures.

 The annual budgetary processes of both the central and federal governments are
independent exercisesand must pass through the Parliament or state legislature.

 The Finance Commission, which was first constituted in 1951, performs the functions
broadly enshrined inArticle 280 of the Indian Constitution.

 For most of the post-independence era, the existence of the Planning Commission injected
centralising dependence in more ways than one.

o The Planning Commissionbecame a parallel institution for the transfer of resources

from the Union of States.

 While the focus of the Finance Commission remained on the revenue account, the Planning
Commission was concerned predominantly with the capital account.

 Successive Finance Commissions commented on this as being inconsistent with the spirit of
the Constitution in the devolution of resources.

 There were other developments, like the73rd and 74th Amendments of the Constitution in
1992 giving status to Panchayat Raj institutions and Urban Local Bodies with specific
functions assigned to them under the 11th and 12th schedules.
 The Fourteenth Finance Commission decided that 42% of NDP (net divisible pool) should go
to the subnational governments by way of devolution, or net proceeds of taxes, and the
balance should go to the central government. In addition, after projecting the likely growth
rates of individual subnational governments and their likely buoyancy in appropriate cases, a
revenue deficit grant under Article 275 was given.

Various issues regarding fiscal federalism in India

 GST: States have lost the autonomy to decide the tax rates of subjects that fall within the
State List.

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o Previously, state governments used to fix tax rates by taking into account their
spending requirements, revenue base, etc.

o The inability of states to fix tax rates to match their development requirements
implies greater dependence on the centre for funds.

 Cess and surcharges: Another emerging challenge is that cesses and surcharges are
becoming a disproportionate proportion of the overall divisible revenue, withnon-tax
revenues being kept outside the divisible pool.

o These are worrisome issues, and there should be some mechanism to ensure that
the basic spirit of the devolution process should not be undercut by clever financial
engineering or by the manipulation of methods that makes them technical and
legally tenable, but perhaps not morally so.

 Increasing dependency on Centre: The dependency of states on the Centre for revenues has
increased, with the share of the revenue from own sources declining from 55% in 2014-15 to
50.5% in 2020-21.

o While part of this is inherent in India’s fiscal structure, wherein states are the big
spenders and the Centre controls the purse strings, the situation has been
exacerbated by the introduction of the GST.

o Barring a few exceptions, such as petroleum products, property tax, and alcohol
excise, indirect taxes have, to a large degree, been subsumed under the GST regime,
eroding the ability of states to raise their own revenues.

 Shortfall in devolution:Adding to state woes is the significant divergence in past periods

between the amount of GST compensation owed and the actual payments made, including
for states such as Uttar Pradesh, Bihar and Jharkhand that need greater fiscal support.

o Even before Covid-19 hit, 11 states estimated a revenue growth rate below the
estimated 14% level, implying higher amounts will be owed as GST compensation.

o With the bulk of the states’ GST coming from goods such as electronics, fashion, and
entertainment — all of which have been impacted by the pandemic — these
revenues are likely to decline further.

Measures needed
To sum up, for a large federal country of a mind-boggling diversity, India’s ability to fight Covid-19
pandemic largely rests on how well it manages its Centre-state relation.

 When compared with other large federal countries such as the US, the country has done
very well to minimize the frictions and provide a sense of direction to the states.

 However, tackling Covid-19 as seen from the experience of other countries would require
adifferential and agile response across states and the Centre has at best to play the role of
a mentor in providing leadership and resource support.

 The rigid approach as evident in lockdown phase would prove a major hurdle. States must
becleared their dues and be given ample fiscal space to ensure economy is revived.

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 States must be allowed to lead in terms of reviving economy, generating income support,
jobs while contain the virus at the same time.

 The next big change will come when the current Centre-state relationship gets redefined in a
way that enables the 28 states to become federal in the true sense – as self-sustaining
economic territories in matters of energy, water, food production and waste recycling.

 Our economic geography of production, transport and communication has to change – it has
to become distributive rather than being focused towards the Centre.

 Centrally distributed funds will need to be directed specifically to build the capacities of each
state.
o The instruments will enable them to embark on a sustainable economic recovery
whose base is widely distributed across the various panchayats and districts of each
state.

o Driving distributive recovery will be energy, transport, supply chains, public

administration, rule of law, agriculture and rural development.

 a buoyant tax system can ease the battle for resources in our federal system, and hopefully
minimize the mistrust that has grown in recent years between the Centre and states.

 The 15th Finance Commission has thus recommended a slew of fiscal reforms to increase
the tax-to-GDP ratio, especially through an overhaul of the goods and services tax.

 In short, the real cooperative federalism which the Centre has been espousing for many
years is now put on test and the Centre must ensure states are given full cooperation to
battle the challenge.

Conclusion
It is important now to rethink the design and structure of a genuine fiscal partnership, which should
not merely be a race to garner more resources, but a creative attempt to move towards a vibrant
Indian value chain that can catapult India’s growth rate closer to the quest for double-digit growth.
Times of economic slowdown must be viewed anecdotally as they are transient in nature and cannot
impair India’s vision, both with regard to its potential and its historical compulsions. It is necessary to
recast the ideology in a more contemporary context; only then will the practice become more
transparent, and India will benefit from congruence between its precepts and practice.

Government policies and interventions for development in various sectors and

issues arising out of their design and implementation.
Examine the challenges in laying the foundation for a future-ready Digital India.
Suggest measures to bridge the digital divide and ensure inclusive digital
transformation. (250 words)
Difficulty level: Moderate
Reference: The Hindu
Why the question:
The article discusses the importance of building a strong foundation for a future-ready Digital India.
Key Demand of the question:

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