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2 Interview Guide: The Last Leap Interview
Guide
Contents
Interview Guide by Alternative Learning Systems
Interview Interview Guide: The Last Leap 3
Guide
IAS Interview: An Insight

• Positive Attitude: The Key to Success
• The Art of Giving Direction to the Interview is the Key to Success
• What Matters is Vision
• Facing the Interview
Positive Attitude: The Key to Success

Shashank Atom, Honorary Editor, Competition Wizard; Chairman, Alternative Learning System Pvt
Ltd., and formerly a Civil Servant, demystifies the interview process and deliberates upon all that is
expected of you as a candidate*
Having cleared Mains, you are both delighted and You will be interviewed by a Board who will have
frightened as to what the interview would be like! before them a record of your career. You’ll be asked
What preparation will help you crack the interview questions on matters of general interest. The tech-
and post a winning score? Speculations abound and nique of the interview is not that of a strict cross
there seems no definite clue. You reel under confusion examination but of a natural, though directed and
and grow further uncertain. Just don’t worry. That’s purposive conversation, intended to reveal your
something very natural. Hold your breath. Relax. Read mental qualities. It is not intended to be a test
on. You have nothing to lose and everything to gain. either of the specialised or general knowledge
which has already been tested through the writ-
The technique of the interview is not that of a strict ten examination. You are expected to have taken
cross examination but of a natural, though directed
an intelligent interest not only in your special
and purposive conversation that is intended to reveal
subjects of academic study but also in the events
your mental qualities
which are happening around you both within and
The object of this interview is to assess your personal outside the country. You are also expected to be
suitability for a career in Public Service by a board aware of the modern currents of thought and new
of competent and unbiased observers. The test is in- discoveries which rouse the curiosity of every well
tended to judge your mental calibre. In broad terms educated youth.
it is really an assessment of not only the intellectual
qualities but also the social traits and interest in What the Board members are
current affairs. Some of the qualities to be judged looking for?
are mental alertness. Critical powers of assim-
ilation. Clear and logical exposition. Balance In this context, I am reminded of an anecdote from
of judgement. Variety and depth of interest. Shiv Khera’s best-seller, You Can Win. “There was
Ability for social cohesion and leadership. And a man who made a living selling balloons at a
intellectual and moral integrity. fair. He had all colours of balloons, including red,
yellow, blue, and green. Whenever business was
Having pointed out the object of the interview it slow, he would release a helium filled balloon into
would certainly be pertinent to provide some hints the air and when the children saw it go up, they all
about facing the Board. I know, giving advise is easy, wanted to buy one. They would come up to him,
acting upon them is rather difficult. Remember, inter- buy a balloon, and his sales would go up again.
view is a test of personality which you build over the He continued this process all day. One day he felt
years, not over days or months. To me, guiding for the someone tugging at his jacket. He turned around
interview is like guiding somebody to prepare for life. and saw a little boy who asked, “If you release a
Obviously, there can be no short cuts, at least I don’t black balloon, would that also fly?” Moved by the
know of one. Remember again! There is no magic boy’s concern, the man replied with empathy, “Son,
wand for success in life as also in the interview. It’s it is not the colour of the balloon, it is what is inside
the lifetime preparation that pays in the ultimate run. that makes it go up.”
Guide
It is what is ‘inside’ that matters. The thing inside of you don’t. Never lie. Never be arrogant. Never get
us that makes us go up in life is our attitude. If we into arguments with the Board members. Never ap-
can build a positive attitude towards life and any- pear casual. And never-ever lose your temper. They
thing that we do, it provides a solid foundation for each carry a hundred negative marks!!
success. That is precisely what the country needs:
Remember! The Board members are people with tre-
Officers with the right attitude to take up the chal-
mendous experience. They would be at least double
lenge of nation building and fight the evils of cor-
your age. The amount of their experience is unfath-
ruption, poverty, ignorance, communalism, casteism
omable. You just can’t dodge them. The only key to
and nepotism. Today, great value is attached to
success is to be your natural self.
upholding the fundamental premises of democratic
polity as secularism, social justice and human rights,
upon which the survival and sustenance of India as How do they test you?
a nation rests. In the preceeding paragraphs I tried outlining the
basic traits that are likely to be probed in the inter-
It pays to be view. Now one must think and anticipate as to how
this probe is likely to be operationalised. The process
• confident but not complacent is analogous to what is called reverse engineering,
• firm but not stubborn where a finished product is disassembled step-by-
step in order to ascertain the process of assembly of
• assertive but not argumentative
the end product. During the interview, this process is
• pragmatic but not idealistic carried out on the basis of information available to
• courteous but not submissive the board members.
• bold but not foolhardy The basic source of the information available to
them is the Mains’ application form filled in by you,
• upright but not arrogant
containing the details of your family background,
• comfortable but not casual domicile, subjects of study, academic performance,
• critical but not conceiting institutions attended, awards won, hobbies, inter-
ests, extra-curricular activities, service preferences,
• witty but not farcical
job experience etc. Remember to keep a copy of the
• proud but not egoistic form. If you haven’t, try reconstructing. The personal
• cool but not content details furnished by you in the form, provide the
initial stimulus to the interview. These also provide
• committed but not beseeching vital clues to the personality traits they are looking
for. Your past performance and record of career is
What constitutes positive attitude? believed to be a reasonably good predictor of the fu-
ture, though not the only one.
People with a positive attitude are honest. Upright.
Sincere. Hardworking. Committed. Enthusiastic. As I see it, the process of unveiling the personality
Confident. Tolerant. Optimistic. Innovative. Patient. traits is in four stages. The Board usually begins by
Humble. Generous. Courteous. Polite. Sensitive. asking questions on what you would be most com-
Open to ideas. Willing to own up mistakes. And fortable with, i.e. about yourself. Gradually they
learn from them. They do what they enjoy. And en- widen the net and put questions relating to your spe-
joy what must be done. They have a clear vision of cial subjects of study. Further they test your higher
things to come. faculties of analysis and decision making by putting
questions on matters of general interest, espe-
There are no quick-fix methods of developing these cially current social, political and economic issues.
qualities and traits. But they are the ones that lay Finally they pin you down by asking some critical
the foundation of a strong character and a powerful
personality. And only conscious effort can help build
Never pretend to know what you don’t. Never lie.
them. If you don’t have these, they will show up on Never be arrogant. Never get into arguments with
your face. If you don’t feel for the stand that you the Board members. Never appear casual. And never-
take, the interviewers can smell. If you lack convic- ever lose your temper. They each carry a hundred
tion they can sense. So, never pretend to know what negative marks!!
Guide
questions to test your balance of judgement and applied nature. The contemporary issues, specially

intellectual and moral integrity. All this while, the those finding a mention in the Paper II of respec-
Board continuously evaluates your personality and tive Optionals, are a good indicator of what may be
assesses your suitability to the job without you re- needed to be brushed up.
alising.
At times the board members may start quizzing and
The initial moments are extremely crucial and could firing seemingly trivial questions and you may not
well steer the latter course of the interview. It is ab- be given sufficient time to respond. Don’t lose your
solutely imperative to remember your bio-data and calm. Don’t Panic. They are trying to test your poise
know everything thoroughly well about yourself, to and composure. Try to answer as many questions
be able to answer any question related to you with as possible and feel free to tell them that you don’t
great ease. Any mistake or even hesitation here know the rest. Never commit the blunder of telling
could amount to a blunder. It would be viewed with them that you are not supposed to know them all.
great suspicion and guess what could happen here- Remember, it carries a hundred negative marks! To
after. Yes, you guessed it right! The interview could explain the import of what I said, you must develop
end even before it began! On your part, you can en- a sense of judgement of what is relevant and what
sure that this does not happen by being honest in irrelevant. You could be asked some such questions
filling up your bio-data. Every small detail counts! as : How many tremors were experienced during the
Gujarat earthquake? What are the dimensions of the
Most candidates tend to cook-up their hobbies and
Siachin glacier? Which are the polyandrous tribes
interests at the last moment. It could prove to be
of the Melanesian Islands? How do we delimit the
a blunder in situations such as: Your hobby is ‘gar-
boundaries of the Indian Ocean? How many islands
dening’ and you can’t even recognise any of the in-
are there in India? And the like. If you can’t answer
door plants there in the Board room! Your hobby is
a hundred such questions, never mind, for you’ll not
‘reading’ but you never read anything except news-
lose even a single mark.
papers! Your hobby is ‘bird watching’ and you can’t
name some common birds. And you can’t even iden- However, you must make sure that you don’t cut a
tify a male sparrow! Your hobby is ‘cooking’ and you sorry figure when asked about the problem in Kash-
never cooked anything except Rice and Dal! One-day mir, or Indo-Pak and Sino-Indian relations and the
Cricket is an area of interest and you don’t know who related developments, or the issue of religious con-
started it! You play chess and you have to struggle version, political instability, India’s stand on CTBT
hard to explain what castling is all about!! and so on. Your inability to answer such questions
will be viewed as sheer negligence and insensitivity.
As for your academic background more emphasis is
You must keep abreast of all such issues and de-
generally placed on your Honours and Masters level
velopments in India and the world all through your
subjects. For those pursuing their Doctorate, the
preparation for the examination. After the Mains you
topic of research will form a very important subject
should make an exhaustive list of topics of current
for discussion. Questions may also be put on your
interest, specially the controversial ones, which pos-
optional papers in the Civil Services examination.
sibly could form a part of the final showdown—what
You are not expected to know everything under the
I call as critical questions.
sun or remember all that you learnt since your child-
hood. The Board does not expect you to know the The critical questions are put mainly to those candi-
minute details of all that y ou studied so far but it dates who have carried themselves well through the
does surely expect you to have a broad understand- rest of the interview. The final score could swing by
ing of the subjects studied. And a capacity to use as much as 30 percent (or 90 marks) depending on
the knowledge so gained. So, just don’t waste your how well or how badly they have been answered.
time revising all the books. And more importantly They could make or mar! These critical questions
don’t ever panic. The questions will usually be of could come to you, disguised either as too simple
or too trivial ones. Normally they will be asked to-
wards the end of the interview. However, nothing
The critical questions are put mainly to those prevents the Board from putting them to you in the
candidates who have carried themselves well midst of the interview or even at the very beginning.
through the rest of the interview. The final score
You ought to sense them and maintain utmost care
could swing by as much as 30 % depending on how
well or how badly they have been answered. in responding to them. Remember, they carry the
maximum weight.
Guide
Some possible critical questions could be: Should a are no readymade answers to these questions. Think
particular political party, using religious sentiments, over them! And let us know too.
to rouse the feelings of the electorate, be banned?
The Civil Services examination is one of the toughest
Can we combat corruption in public life? Should we
and its interview, the most rigorous of all conducted
have reservation for backward classes in jobs? Why
in the country. And by people who have excelled in
you want to be an IAS officer? There is a big fire
their respective fields. Before your interview begins,
and a riot in two corners of the District where you
each of the Board members would have read through
are the District Magistrate. Where would you prefer
your bio-data and have had a mental image of your
to go first ? Your minister asks you to do something
personality. If you prove to be better than what they
off the record. Would you? These and many such
had expected, it’s your day. If you don’t. Never mind.
other questions, I repeat, are to test your balance of
The road to success does not end here...
judgment, honesty, integrity and uprightness. There
The Art of Giving Direction to the Interview is the Key to Success

Alok A Dimri (Indian Foreign Service)
The Civil Services interview is essentially a test of may ask a question to judge a candidate’s secular
the candidate’s personality rather than knowledge. credentials. Therefore one should not only be careful
Presumably, knowledge is an integral part of a ma- about the view one presents but also about the infer-
ture personality. Keeping this in mind it would be ad- ences it may lead to.
visable to avoid an overfactual performance in front
of the interview Board. Instead, what is desirable is The perception that one should always stick to the
middle ground is wholly untrue. In fact it adds up
to use facts and figures, once in a while, to supple-
to one’s performance if one can take a stand and
ment one’s analysis of issues. What is expected out
support it
of a mature personality is a capability to coherently
argue on an issue without contradicting oneself and A candidate for the Civil Services interview is not
at the same time being able to draw it towards a log- expected to be a veritable storehouse of informa-
ical conclusion. One should have a knack of looking tion. Rather, one should have the courage to own
at issues, events and happenings in entirety rather up one’s ignorance on certain issues. A candidate
than getting entangled in factual details. should try to master the art of giving direction to
A popular perception among many aspirants is the the interview as it would definitely ensure a good
view that one should always stick to the middle performance. Most of the time the Chairman, as
ground. This is wholly untrue. In fact it adds up to the initiator, and the members, as interjectors, give
one’s performance if one can take up a stand and a totally new direction to the interview by adding
logically support it. However, on issues like corrup- up alien issues but subsequent conversation largely
tion etc. one should not get into mentioning names. depends on the candidate’s answers. In this context
Overtly political statements should also be avoided. one should have the knack of steering the interview
towards one’s own terrain. However, even in such
The role of a civil servant is to serve the political
cases academic technicalities are to be shunned. In
master over the span of one’s professional career
fact, the faculty of presenting complex and highly
and it must be an informed one. At the same time
technical issues in simple and lucid language would
it should also exhibit the traits of flexibility, empa-
ensure a good score. Flowery language should be an
thy, practicality and pragmatism. Keeping this in
absolute no-no. One should focus more on the con-
mind one should avoid taking ideological posturing.
tent while keeping the presentation simple, precise
Awareness of political ideologies is required but cer-
and clear.
tainly not an overt leaning towards any party ideol-
ogy. Mind you, in India a civil servant is not expected If the Board questions the candidate on sticky situa-
to make his political choice public. However, there tions where one is asked to do something which is
is an emphasis on character traits such as integrity, clearly immoral, the best way would be to imagine
and commitment to the constitutional goals and ob- oneself as a Civil Servant in the service of the nation.
jectives. In this regard, for example, a Board member This would enable him to come out with a practical
Guide
and pragmatic stand. For example, a candidate was You can learn a line from a win

asked to give a false statement on behalf of the Gov- and a book from a defeat
ernment of India abroad as an IFS officer. Instead of Paul Brown
taking a moral recourse, the candidate answered True success is
that in the interest of the nation he would definitely overcoming the fear of being unsuccessful
do it and do it in a diplomatic manner. He did score Paul Sweeney
very well in the interview.
You’ve failed many times,
Appearance is as important to an interview as what although you don’t remember.
one speaks. A good appearance may not fetch you You fell down the first time you tried to walk.
additional marks but a shabby or unpresentable one You almost drowned the first time you tried to
would certainly convey casualness and lack of in- swim...
terest. A cheerful disposition would certainly help Don’t worry about failures.
in boosting one’s confidence. To be nervous on such Worry about the chances you miss
occasions is very natural. Even candidates who have
when you don’t even try
scored in the vicinity of 230-240 marks have admit-
Sherman Finesilver
ted to being nervous. However, what is important is
how successfully one overcomes this nervousness. Failure is the condiment that
Mind you, the Board members and the Chairperson, gives success its flavour
keep interviewing candidates all through the year Truman Capote
and they are experts in observing and detecting the There’s no limit to what a man can achieve,
candidate’s feelings and emotions. Hence the best if he doesn’t care who gets the credit
recipe is to be natural and use a language and vo- Laing Burns, Jr
cabulary which is very much your own and express Act as though it is impossible to fail
ideas which carry a conviction within you. Anonymous
What Matters is Vision

Randhir Kr Jaiswal (Indian Foreign Service)
I write this piece, so that Civil Services aspirants, by the fear of what would happen next. Positive
specially those appearing for the interview, may mental makeup goes a long way in making the task
benefit from my experience. It is in no way intended at hand easier to tackle.
to be an expert opinion but at the same time it is
Coming to the crux of the matter, the preparation
my conviction that this endeavour of mine and your
for an interview for Civil Services by its very nature
efforts would not go in vain, if you would pause to
makes it a long-drawn process. It not only involves
take a cue from my experience.
planned study but also the conscious and uncon-
While preparing for the interview I had the oppor- scious training of mind. However, this process of
tunity to read through the advise given by some training of mind and gathering of requisite skills
successful candidates. Having read, I felt, they should become a conscious effort right from the
were making the whole exercise complicated. Ac- day a person decides to take this examination. One
cording to them, success in the interview requires a should try to inculcate basic values of life — hon-
herculean effort. Descriptive references about the esty, compassion, social responsibility, positive at-
interview as ‘battle’, ‘war’ and ‘matter of life and titude, among many more things which are neither
death’ have been made. These often create fear in hard to discern nor difficult to inculcate. This exer-
the minds of the aspirants and hamper the prepa- cise would infuse into one’s personality, qualities
ration. At the same time they destroy their confi- that are expected of an administrator. A candidate’s
dence level. personality should exude confidence, sound judge-
ment, dynamism, modern approach and receptive
I am of the opinion that on getting an interview call
attitude. To my mind, in a developing country like
one should be bubbling with confidence, euphoric in
India where a lot has to be done and undone, it is
thought and determined to grab the long awaited op-
important that an administrator should be devoted,
portunity. The candidate should not be bogged down
Guide
sensitive, committed, hard working and above all a background among others. Brush-up your knowl-
visionary. In this age of rapid and abrupt changes edge. It would do well to remember that in this
one should have the vision to foresee things. It is leg of preparation thinking is more important than
essentially these qualities which should broadly be reading. Read only as much as can be assimilated.
reflected in your personality during the interview. A lot of time should be devoted structuring to your
thoughts. Take as many mock interviews as you can.
Focused preparation should start just after the It should be serious and very near a simulation ex-
Mains. A Xerox of the Mains form would show
ercise. You can also ask questions to yourself and
the areas to be thorough with and the others to be
answer them. Take lead for the next question from
touched upon
what you’ve answered. Don’t unnecessarily exert to
Focused preparation for the interview should start add to your information base. Instead consolidate
just after the Main examination. It is advisable to what you know. The obvious questions and issues
have a xerox of the Main form, so that one exactly should be well thought and thrashed out. Choice of
knows the areas one should be thorough with and words is also very important. They reveal important
the others which should be touched upon. For ex- traits of one’s personality. At the same time, it im-
ample, if you are a History student and travelling is proves presentation.
your hobby and if you have visited Madurai, it is ex- Our greatest glory is not in never failing
pected that you know the architectural pattern of the but in rising each and every time we fail
Meenakshi temple and the river on which the city is
Confucius
situated. Remember, bulk of the questions in the in-
terview will be based on your bio-data. As such one Success is to be measured not so much by the
should be cautious while filling up the Main form. Do position that one has reached in life as by the
not try to put in unnecessary information in the bio- obstacles
data section. It will only enlarge the area from which which he has overcome while trying to succeed
questions could be put to you. Booker T Washington
One could start by reading basic books on subjects Be Strong!
like foreign policy, economic reforms, administration, It matters not how deep entrenched the wrong
insurgency, information technology etc. Any latest
book of relevance and meaning to the country, like How hard the battle goes, the day how long
VISION 2020 by Abdul Kalam is advised to be read. Faint not – fight on!
One should keep abreast of the latest happenings Tomorrow comes the song
and devour the newspapers regularly. However, mere Maltbie D Babcock
reading is of no consequence. Try forming opinion on
Never give in! Never give in! Never, never, never...
matters of national— social, economic and political
importance. Your readings on the subject, knowledge In nothing great or small, large or petty, never give
base and fruitful discussions with friends and col- in
leagues will go a long way in making your opinion bal- except to convictions or honour and good sense!
anced, sound and pragmatic. Reading and discussions Sir Winston Churchill
will help you see things in a broader perspective.
It’s the steady, constant driving to the goal for
On getting an interview call, the nature of prepara- which you
tion should change. Make an exhaustive list of top- are striving, not the speed with which you travel,
ics which need to be covered. It should necessarily
that will make your victory sure
include current developments/events, hobbies and
interests, matters relating to home state and home Anonymous
state per se, institutions attended and educational
Guide
Facing the Interview

Neeraj Kumar (Indian Railway Personnel Service)
Congratulations! Are your replies ‘just’ informative?

You have cleared one of the toughest and most The latest on this is that pure information appeals only
prestigious examinations of the country. You will to a very small audience. So, there is no gain if you are
be among the privileged few, who will get the rare a walking encyclopedia. Remember what happened
opportunity to cross the portals of Dholpur House. to all the documentaries belting out information. The
During the interview you will get the chance to inter- major challenge when you express your views is not
act with the best of government officials and intel- to tell what is happening, but WHY it is happening.
lectuals of various fields. This is surely an occasion
you will not forget in a hurry! Emphasize
You are there not to make merry. Surely, you are a ...the most common ways are
man with a mission. The best of this country are go-
ing to test your personality and you have to perform • Repetition of a word pacing down.
in front of them. Remember, the entry into the In- • Modulating your voice.
dian Civil Services is at a very high level and incom- • Recapping.. Summarize your key points after a
parable to any where else in the world. To select long answer. You liked it when your serials do it.
people who can shoulder this responsibility is no • Alert your audience…by saying the next part is
mean job either. Only people with vast experience very important.
are put there and you don’t expect poor work from
them. The pressure on you is unique. Questions flow
thick and fast. To handle them you have to reign in What is so precious about individual
all your resources, be quick to judge, and sustain all
opinion?
pressures.
The answer is simple. We all are unique and sole
This is not an easy job. When the stakes are so high party to our unique observations. Hence, what we
the chances of errors are even more. Mind you, need to do to prepare for interview is to develop our
these silly errors can cost you a career. Wizard team own appreciation of things around us. This is not
has again made the effort to cross the Rubicon. very good news for those who need to be taught
Based on past experiences and frequently asked or explained every event. But surely, you are not a
questions we have formulated a simple set of person who cannot think and come to a conclusion.
questions and answers module, which can solve Thinking is important even if your personal views are
many of your problems. Through this we have not very different from the already accepted views
tried to make you more confident for the D-day. on the topic. But once you have thought over the is-
We nevertheless maintain, this is not the final sue, you will always be far more convinced to face
word. Our effort is to provide an insight that will any question on the topic.
help you. As always, our prayers and good wishes
are with you. Handling question
Although you may think you have already said
Are you a talking head? your last word on it, here lies the catch. Take care!
A talking head is the person who gives long wind- Repetition actually empowers you. It helps you add
ing and tortuous replies. Generally, these replies are the portion you earlier omitted. End on a high note.
very little understood and are best avoided. Most of
the television editors have to face this talking head
syndrome. They have to cut long winding answers of
What if I disagree with the board?
their guests to sustain viewers’ interest. Make sure That means part of your problem is solved. You have
when you are facing the interview, you are also not now your own opinion! But here the danger can be
one of the talking heads. in the way you express your considered opinion.
Guide
Supposedly, the board disagrees to what you have
to say. By telling them flatly that it is your view and Other Checklists
I cannot agree, you are asking for trouble. Try out
• Remember to greet the lady members of the board.
gentle ways to put your view across the table. You
Also remember to thank them after the interview
can tell them while you are true another angle to the is over.
issue can be this. If you come up with a relatively
new opinion on the subject, anticipate counter ques- • U
se minimal hand movements.
tion by telling them conventional views on the topic • P ush the chair back if it is placed too close to the
and then you can start off. table. Do not drag the chair by pulling its arms.
• Remember to be always polite.
How to avoid unnecessary debates? • Wear your watch.
In case of counter-questions, take the opportunity
• Interview usually starts at 10 am, nearly an hour
and patiently explain yourself. If any argument
after one has entered the hall. 4-5 candidates
starts, take care and listen to the board’s point of are interviewed by a board in one session
view. Analyse and gauge the situation. If they are (forenoon and afternoon sessions). This hour
persisting, be flexible to accept what they are say- is utilised in checking your original documents
ing. During such difficult times keep you body lan- and collecting photos and attested copies of the
guage pleasant so that you give no impression that certificates.
you are accepting their answers under duress. • C heck out the placement of the board’s room.
• F eel relaxed inside the hall.
Do I need to be defensive?
• C arry all the documents required. UPSC sends a
While there is a need to accept other person’s point
list of documents that are required. Ensure that
of view, don’t be defensive. Explain what you know they are ready a day before the interview.
and if you are still cornered, accept your limitations,
but don’t counter-punch by using such phrases as it’s • K eep photographs in sufficient numbers.
not good anyway…your objection is still not valid • H
ave sufficient photostate and attested copies of
anyway…it is a useless task …I already told you all your documents. Many times candidates forget
the same thing. photographs and attested copies. You must carry
your original certificates too.
Do you feel intimidated? • C arry a pen.
We feel intimidated because we are not sure of our- • L adies should avoid wearing any bold ornaments.
selves and there is this feeling that the other side • L ast but not the least, remember to collect your
knows all the answers. You very well know this is a letter for the medical test before you leave the hall.
false assumption and you may be a fool to believe
this. Some candidates face the embarrassment of
being caught in their answer. First mantra to avoid
this is: never lie. It is suicidal and even one lie can
irreparably damage your chances. If you are giving occasions, without thinking and lose the chance to
opinion on anything, be as logical and persuasive as engage. Don’t get in the habit of thinking that time
possible. There is nothing right or wrong about such is running out. Remember, quizzing and interview are
answers and your answer can be as good or as bad two different ball games and need to be played dif-
as theirs. ferently.
What is the value of patience? How can I make the interview different?
Many a time we behave stupidly on dinner table Remember Shiv Khera. The punch line of his famous
thinking our turn would never come. Hence, we book is ‘winners do not do different things, but do
move too fast. If only we could wait long enough things differently’. What you need to do is to plan
to see how much food is wasted after dinners. The your strategy and try to gain forethought of what
moral of the story is, we commit an answer, on many your interviewers want of you. In common parlance,
Guide
this is called developing chemistry. If you are suc- Where do I look when I answer?

cessful in gaining your audience interest and moti-
There are about five people inside the room. Main-
vation, you can soon be swinging the interview in
tain an eye contact. It is a good way of communica-
your direction.
tion. But don’t stare; have a steady gaze. Your calm
interior comes out with your steady gaze. But please
Are mock interviews helpful? do not answer keeping your head down!
Yes, it helps in many ways. Practice definitely makes
a man perfect. Hence, more the merrier! Mock Inter- When interviewers behave
views help to kill initial anxiety and gain our confi-
dence. Moreover, you can test your views on your indifferently...
friends and test their response. Mock Interviews also This is, unfortunately, a very frequent complaint of
help you to widen your range of answers, as you gain the candidates now-a-days. People have complained
fresh knowledge and experience. During these discus- about the absence of wavelength during their inter-
sions try to analyse the body language of your friends view. You wish you could take them to court. But you
and see which one do you find most pleasing. Pick know you can’t. Some of the successful candidates
ideas freely. However, the fillip side to mock Interview have complained that the members have left mid-
is the tendency to constantly debate and force one’s way to attend to sundry things. Be patient under
opinion on others. Have trust while you discuss and such trying circumstances. Try to speak slowly and
be open to criticism. Nobody has all the answers and raise your voice as you gain attention.
through discussions we grow and enrich ourselves.
My English is not very good.
Do you use jargons?
What do I do?
At times, people have the habit of using pompous
This is one syndrome, which many fall into. They
words and high-sounding abbreviations that make
get further fearful when they meet somebody who
others look blank or stupid. It is better to avoid such
is a very skilled communicator. Relax! Delivery is a
kind of language. The interviewer might simply shut
very small part of your personality. This is not an AIR
off and avoid listening to you. This is the worst that
audition centre! You are facing personality test and
you want for yourself. Still more, the use of jargons
here delivery is a very small subset of it. Remem-
can make the interviewers angry. So, beware of your
ber, nothing works better than being yourself. You
jargons and be self-edited.
are at your most comfortable state, because you are
on your natural ground. You sound genuine and not
How do I begin? someone who is hiding his natural self.
Before every answer, give a very brief introduction.
This raises the expectation. Psychologists say that I am frightened. What do I do?
people need to know what to expect in order to get
Hall fright is a very common syndrome. This is based on
involved. It grounds them. After introducing the mat-
something called total correctness. This is a misnomer.
ter, open the core of your discussion. It might happen
Nobody is perfect. Keep your mind away from it and
that you might have said what they want to hear.
pay attention to what is happening inside the room.
They might cut short your answer. Do not get agi-
tated. You might have already done your job!
Is body language important?
I do not understand the question. Your English might be poor, but you must be a very
skilled body language communicator. If you have
What do I do? heard that first impression is the last impression,
Never hesitate to say ‘pardon me’ for a repeat. This it is meant for all these situations. So, enter like a
is your birthright! Open the question for further in- person who means business, walk briskly and radi-
formation, clarification, explanation and discussion. ate energy while you talk. Sigh if need be, but not
Pay sufficient attention to details. But as a rule, be frequently. Do not gesture much. And never touch
attentive and do not allow yourself to wander. things put on the table unless specifically asked to
Guide
do so. Sit erect, rest your arms on the chair and sit I know of no more encouraging fact than
calm. All this might not win you extra points, but the unquestionable ability of man to elevate his life
definitely help you not to lose one.
by a conscious endeavour
I am asked very difficult question. Henry David Thoreau
When nothing seems to help, I go and look at a
What do I do? stonecutter
Trust your instincts. Our brain works at lightning
hammering away at his rock perhaps a hundred
speed. We kill its functioning by looking for a stan-
times without
dard answer. At difficult times, trust your instinct. It
might save your day. If not, say sorry and move on. as much as a crack showing in it.
Having given your interview, the final exit lines you Yet at the hundred and first blow it will split in two,
utter and the mood you create at the end are very and I know it was not that blow that did it,
important. Even supposedly you have done badly, but all that had gone before
leave with eagerness and excitement. Don’t put up
Jacob Riis
a long face. Take it in your stride. Reversibly, if you
have done well, don’t get excited. Maintain equa- “Brave admiral, say but one good word:
nimity and calm at all conditions. In general, try to What shall we do when hope is gone?” The words
leave behind positive thoughts. It is during this time leapt
that they put those vital marks. Thus, on second
like a leaping sword: “Sail on! Sail on! and on!”
thoughts, they must surely think positively on the
way you behaved inside the hall. Joaquin Miller
Guide

• Topper’s Interviews
Subham Chaudhary Rank 11(2013)
Name Shubham Chaudhary

Rank 11
Sex Female
Father’s Name Dr Harjender S Chaudhary
Father’s Occupation Teacher at Delhi University
Medium of Exam English
Optional Economics
Educational Qualifications
Exam Institution Year
Xth Delhi Public School, Vasant Kunj 2002
XIIth International Baccalaureate Program, 2004
American School of Warsaw, Poland
Graduation (Eco Hons) St Stephen’s College, Delhi University 2007
PG (Eco) Delhi School of Economics, DU 2009
Services preferences: IAS, IFS only
Earlier selections in Competitive examinations (including Civil Services exam):
2011- Reserve List 2012- Rank 240, IPS
Job experiences :
Assistant Manager, Citi (Global Decision Management)
Assistant Professor (Economics), Lakshmi Bai College, Delhi University
IPS (Probationer), Sardar Vallabhbhai Patel National Police Academy, Hyderabad
Prizes, Medals, Scholarships: CBSE Merit certificate for English for being in top 0.1% of students
passing the exam, DPS, 2002.
US President’s Award for excellence in Academics, American School of Warsaw, 2004.
Award for Creativity Action and Service, American School of Warsaw, 2004.
CAS Scholarship, Delhi School of Economics, 2007-08.
Hobbies/Interests: Reading fiction
Guide
My Interview teaching made me more thorough with my subject,
I wore a white suit and churidaar with chikan work and I developed a larger reading base while teaching.
for the interview. I read the newspaper on the way I realized during the teaching experience that you
to UPSC. I think I was the fourth in line for Shri AP have to study more as a teacher, than you do as a
Singh Sir’s board. I knew he was an IPS officer, and student. Madam agreed wholeheartedly with this. I
the former CBI Director, so I was expecting some also said that while under IPS training, I engaged in
questions related to policing, given my current job. outdoor activities which I probably would not have
But at the same time, I did not want to go in with done otherwise, like firing (which I turned out to be
any pre conceived notions or assumptions. I talked rather good at) or horse-riding, etc. So I have gained
a bit with fellow candidates while we were waiting from both the experiences.
for our respective turns. The lady member also stated that the common man
I went in with a smile when I was called, and wished is very hesitant to approach the police, and asked
all the members. I was asked to take a seat. The me what I would do about this once I go to my
first question came from AP Singh Sir, who asked district. I confessed that it was unfortunately true,
me if I was teaching at Delhi University at the time. and that me and several of my IPS batchmates had
I explained I was, when I filled the DAF, but that I never been to a police station before getting through
was currently undergoing IPS Training at SVPNPA, this service. I spoke of how interaction between
Hyderabad. He asked me about the debate between public and police (community policing) could help. I
Jagdish Bhagwati and Amartya Sen, which I spoke also told madam that as part of my IPS training in
of in fine details. Then he asked me for my opinion Hyderabad , I had observed that having a reception
on which approach I found better, and why. I area at every Police station can make the police
answered that while poverty ratio in India in terms seem more approachable. Also, I recommended
of HCR was only around 22%, but more than higher representation of women in police, as it is
50% population is multidimensionally poor (as per currently a miserable 5%
Oxford Poverty and Human Development Initiative). Next, I was asked about my hobbies (Reading and
Therefore, a comprehensive view like Amartya Sen’s cooking). They asked me to name my favorite authors.
capability approach seemed more suitable in the I said my favorites were Gabriel Garcia Marquez,
Indian context. Chitra Banerjee Divakaruni, Amitav Ghosh and that
One of the board members asked me about I was then reading the novel “And the mountains
whether entry of foreign universities in India was echoed” by Khaled Hosseini. He asked me if that
a good idea, to which I replied in the affirmative. was the author who wrote about Afghanistan, and
He contradicted me by saying it would lead to an whether I had read his other novels. I replied in the
influx of mediocre/below average universities and affirmative to both the questions, naming his other
that the best professors would not come to teach novels. Then he asked me if I knew of an Indian
here. To this, I replied that we only intend to let author who wrote on the same subject, but I said I
them in if they pass certain minimum standards in did not recollect having read any such novel.
terms of internationally recognized ranking systems. Then the board went on to my next hobby, cooking,
Moreover, we could use multimedia as a means of and asked me what I liked cooking. I said I basically
communication effectively even if some professors liked preparing desserts, like ice-cream, different
are unable to come here to teach. types of halwas, rasgullas, rasmalai, chhenamurgi,
He also asked me a question on demographic and a few others, at which all the board members
transition, and I spoke of the window of opportunity started laughing loudly. So did I, blushing a bit. Sir
we have at present, in terms of a sizeable young asked me if these were healthy options, to which I
population. I talked about how it could either prove said they are if one can go for portion control, because
to be a resource or a burden, and that India would starving yourself off desserts wasn’t a great idea. He
have to invest substantially in human capital, in asked me what the concept of Michelin restaurants
building an educated, healthy, skilled labour force, if is, which I defined. He asked me if I knew of Michelin
we are to use this window of opportunity, which will restaurants in Delhi, and I said I did not.
only be open for a short while. The next member asked me if a certain technological
The lady member asked me how I found teaching innovation would undermine human capability,
to be different from police training. I explained that at which I started explaining how technology is a
Guide
double edged sword, quoting certain examples. But also asked me a little bit about the history

sir was not satisfied and told me I had not answered of Poland, as I have lived there.
his question. At this, I replied that no technological
I also made a factual mistake there but
innovation would undermine human capability, as it,
before making that mistake I told them
after all, was an innovation by humans.
three times that I was not a 100% sure
Next, AP Singh sir asked me about how Poland had about this and then I made that mistake. So
gained and lost its independence several times. I I think they were okay with that.
told him I was not entirely sure about the precise
MG What do you think is the right way to face
years, but how in late 18th century, it was divided
interview board confidently?
among Russia, Prussia and Austria (I said Germany
by mistake). I also talked about how it was the first onesty, I think, is of paramount
H
country to be attacked by Nazi Germany on 01st importance. For example, when I was
September 1939, beginning the WW II, and that asked about the history of Poland, I made a
German language is still called “Jezyk niemiecki” by small factual error in my answer. But I had
Polish people, which literally means the “language already stated thrice before answering that
which is not ours”. I was not entirely confident about this one
small fact.
Sir told me the interview was over, and I thanked
all the board members and left. I was fairly happy If they do ask you questions on any current
after the interview. I was awarded good marks by affairs, make sure your opinion reflects a
the board (198/275). logical thought process and an unbiased,
honest approach.
MG How did you prepare for the interview?
MG What is the most important thing, one
SC S ir, this time I was at the National Police
should keep in mind, while facing the
Academy and doing IPS training. It was a
Interview Board?
very busy schedule so I did not have very
much time to prepare for the interview. I I think the interview board is looking for
could not even glance at the newspaper. It sober, honest, empathetic candidates. If you
was definitely more difficult this time than cannot justify your answer or if you make a
it was earlier. mistake, there is no harm in confessing you
were wrong. If the board members bring
I was in Mussoorie for the ITBP attachment
out a new perspective, you can freely admit
where we were made to do rock climbing,
that you had not thought about the issue
rafting and I still tried to manage what
from that angle. Think and answer. It is
all I could in the little time that I had. So
okay to ask them for a moment to collect
I installed this NDTV application on my
your thoughts. Do not forget to smile, it
phone to remain abreast with the news.
always makes you look more confident and
In the interview, I was asked most about impressive!
Economics and DAF (Detailed Application
MG During the Interview, did the board
Form).
member(s) ask you any tricky question(s)?
I got AP Singh Sir’s Board. He is the former
Not really, except for one question on
CBI Director and the chairman of Interview
whether a certain technological innovation
Board and he asked about the debate
would undermine humanity.
between Jagdish Bhagwati and Amartya
Sen. MG It is generally said that those who are
already in service and are writing this
Then the board asked me about
exam for improvement, the Interview Board
demographic transition, entry of foreign
is hostile towards them. What is your
universities into India for which I was cross
experience on that matter?
questioned too. I was also asked about my
hobbies, about how I am finding teaching to SC Sir I did not get that feeling at all. AP
be different from policing and why people Singh Sir’s board was very cordial and
are so hesitant to approach the police; they professional.
Guide
Neha Rank 22(2014)
Name Neha
Rank 22
Sex Female
Father’s Name Dilip Singh
Father’s Occupation Civil Engineer
Optional Sociology
Services preferences: IAS, IFS, IRS(IT), IRS(Custom)
Number of attempt: 3
Marks obtained in this attempt:

Essay 148
GS I 87
GS II 91
GS III 90
GS IV 105
Sociology Paper-I 127
Sociology Paper-II 147
Interview 193
Total 988
Hobbies/Interests: Writing Documentaries, Photo Editing, Playing Sudoku and Teaching
MG How should one prepare for Prelims, Mains You can go with relaxed state of mind that you have
and Interview? done your bit.
Be humble, and completely honest. In my interview,
Interview I was not able to answer few questions but I think
Prepare your bio-data thoroughly. Each and every my honest confession was liked by the board. Don’t
word should be scrutinized properly. My interview beat around the bush, or give superficial arguments.
started with questions on economics, which was You can simply admit that you are not aware of
just an extra subject in my 12th standard. Later I the answer or ask for their permission if you are
realized after I saw my DAF that it was because I guessing the answer.
had written economics first in the series of subjects
Board wants you to interact with them. So you have
in my 12th standard and that caught the attention
to speak. Just go with the mindset that you are
of the chairman. So you never know which word or
really lucky to get an opportunity to interact with
phrase in your form gets picked by the board.
such learned people. Rather than being scared, look
Keep yourself abreast with the current affairs. at it as an opportunity.
Preparing your bio-data & current affairs may not
MG Neha, I could see that you have scored well
directly help you in interview. They may ask you
even in the Interview - 193 marks. What all
completely random questions. But preparation gives
you did to prepare for the Interview?
you that confidence which is required in interview.
Guide
Neha I had a friend and she was also preparing. What are the challenges or the criticism

We discussed a lot regarding current regarding a specific programme. Because
affairs, we discussed our bio-data and we of watching these videos, I was aware of
used to question each other like you always all the opinions. So this was my strategy for
used to say that you should have a friend current affairs.
with whom you can discuss and give mock
interviews and keep practicing. Moreover, I Questions asked during my interview
remember my senior Anupama TB, telling Board: Mr Manbir Singh
me, that one thing that worked for her is
to be completely honest during interview. CHAIRMAN
So I followed her strategy. Like I remember l You studied in St. Michaels, where is it?
one question when I was answering and
in between only I felt that I was giving a l Who was Saint Michael?
wrong answer so I admitted my mistake. l Neha, I see you studied Economics in your
And I think that they liked it. Because we 12th standard. What were the main topics
should not go by the criteria that marks are in economics that you were taught in
given on the basis of number of question school?
we answer. It’s actually your overall
performance and your personality. So I was l Adam Smith has said- Economy is never just
100% honest during my interview. Economy, its always Political Economy. Can
you tell us the meaning of this statement?
MG In talks which we had till so far, I could make
out you gave lot of focus on current affairs, l It is said Capitalism is no longer the
updating and covering the contemporary Capitalism as it was talked about earlier.
issues. What used to be your methodology How do you see it?
to keep yourself updated and informed? M1
Neha Regarding current affairs, I used to read l State of Agriculture in India.
newspaper daily. But I was not very regular,
l Share of Agriculture in GDP.
sometimes Iused to miss it. But one thing
I did was that every fortnight, I used to l What should be done to improve this
revise all the newspapers. Not all the sector?
articles, but just the headings and I had all
l Chemical Energy Accidents in India.
the important points in my mind. I used to
list all the topics and then I used to search l Bhopal gas tragedy- what was it about?
on the internet. For example whatever l Chemical Industry is infamous for waste
topics I felt important, I used to read 2-3 generation. Do you know about Waste
articles. Randomly I used to search on the Treatment Plants?
internet. I read all my notes on my phone.
I used Evernote app and because of that I l What about Incinerators?
used to simple copy paste important lines l Which state is called Chemical state of
that I felt. Because of that I could have India?
opinions from 2-3 related articles and not
just that this time I also saw videos from M2
youtube, especially Rajya Sabha TV. I used l Bhopal tragedy- Name a person who could
to watch program like India’s World and not be punished?
the Big Picture. They constantly upload
their videos. Whenever I used to get up l Why couldn’t he be punished?
and make my breakfast I used to listen. It l What are the ways through which persons
not just made my preparation interesting escaping to other countries can be
but also I was well aware of all spheres. punished?
Suppose you have a topic like Make in
l Extradition Treaty with US (regarding
India, you should not just know the facts.
Warren Anderson, CEO of Union Carbide).
You have to also know all the opinions.
Guide
l What is Law of Diminishing Returns? l How will you monitor things in your district
personally with such large numbers of

l Difference between wildlife photography
people under you?
and normal photography in terms of
equipments. l Recent bill passed by the Lok Sabha on
black money. What are the main features
l Name some Photo Editing Softwares.
of it?
Which one do you use most?
l What should be the other ways of stopping
l What kind of documentaries do you watch?
black money?
l Most inspiring Documentary.
M4
l What is the sex ratio of India?
l What is Event Management?
M3
l Can you tell us about the recent trend in
l What should be the qualities of a managing events at weddings?
bureaucrat?
l What are the principles of Lathe Machine?
l What should be the qualities of a leader?
l Tell us something about cleaning of Ganga
l Dhoni as a leader- his strong qualities. and the new initiatives by the government.
l Your case as a leader in school. What did l What are the roles of RBI?
you learn?
l Assess the role of Gandhi and his impacts.
l Difference between monitoring and
l What was Quit India Movement?
maintaining discipline?
Guide
Bhavna Garg Rank 1(1998)

Name Bhawna Garg
Sex Female
Date of Birth 02-11-76
Father’s Name Mr. A K Garg
Medium of examination English
Optionals Mathematics and Chemistry
Xth ICSE Christ King 1992 89%
Convent, Kapurthala
XIIth PSEB HMV, Jalandhar 1994 75%
B.Tech (Chemical) IIT IIT, Kanpur 1998 8.4/10
Job experience Infosys, Bangalore (Jan.-Feb. ’99)
Number of attempts 1
Marks obtained
Essay GS Chem Maths Int Total
108 312 423 400 210 1453
Service preferences IAS, IRS, IFS, IC&ES
Earlier selections in Competitive examinations
CET, Punjab (Rank 1), JEE (Rank 642)
When did you start preparing for the Interview? regularly. I never wanted to read anything on bird
watching because it is very boring to read on field
At the back of my mind I knew I was going to get an
activities. In mid-April I decided to go back to IIT,
interview call. When I got my call I was bed ridden.
Kanpur to rejuvenate myself for the interview.
There was very little of interaction with the outside
world. We did not have a television at Bangalore. Is there any specific method of preparing for the
I had a radio with me but then it also went out of interview. How does one prepare for such a vast
order. All my friends were busy in their jobs and range of topics?
nobody had any spare time to spend with me. In
I believed that the interview is a test of personality
fact I hardly did anything for the interview. Most of
and so it does not require any preparation as such.
the time I used to paint, listen to music or bid my
However, my friends at the IIT told me that contrary
time in leisure activities. I didn’t read anything on
to the popular misconception interview is not a test
bird watching those days. I used to read newspapers
of personality only.
Guide
Would you prefer self study over group preparation? The library was the only source of information and
I read anything that came my way. However, when

Self study is more important than unnecessarily
I went for the interview I was a bit worried as I had
indulging in group discussions. My father insisted
not put in my best efforts. My interview was on May
upon me to join some coaching institute in Delhi
18.
but I preferred to stay back and prepare on my own.
In IIT there were a lot of students preparing for the Preparation for the interview to me meant total
interview but somehow I felt that the prevailing spirit disregard for what I actually wanted to do. It
was so competitive that no one wanted to share and seemed to me a mechanical process of studying and
take mock interviews. I found it a bit difficult to study cramming. For the Main I never had to do that. I was
with them. more enthusiastic by the day. The reason may have
been because I was not very convinced why I should
sit and study for the interview.
Gurkirat Kirpal Singh Rank 3(2012)
Name Gurkirat Kirpal Singh

Rank 3rd
Sex Male
Date of Birth 5th September, 1974
Father’s Name Er Kirpal Singh
Father’s Occupation Govt. Service
Optionals Physics & Mathematics
Exam Institution Year %
Xth St Johns High School 1991 91.2
XIIth DAV College, Chandigarh 1993 79
Graduation Punjab Engg College, Chandigarh 1997 75.6
Number of Attempt(s) Three
Marks Obtained in Previous Attempt

Essay GS Physics Maths Interview Total
86 258 311 373 195 1223
Service Preferences IAS, IFS, IPS, IC&CE, IRS
Job Experience 6 months in Punjab Communications Ltd; 8 months as DFSO,
Punjab; 6 months as Asst Security Commissioner, RPF.
Earlier Selections IIT, Roorkee; PCS; CSE’1999
Prizes, Medals, Scholarships Award for excellence in academics from DAV College,
Punjab Univ Merit Scholarship, CSR gold medal.
Extra Curricular Activities Participated in National School Games in 1990, member of
the college cricket team,playing tennis.
Guide
What did you do for the Interview after writing the From your experience, what would you suggest

Mains? regarding preparation for the Interview?
I started preparing for the interview after a break of While preparing for the Interview, one can’t afford
1-1½ months. I was expecting a call for the Interview, to leave current affairs. One should try to cover the
so I began reading journals and magazines in right widest possible range of topics. My Interview was
earnest. From February onwards, I along with my an exception, otherwise in most of the cases, many
friends conducted several mock interviews, which questions from current developments are asked. If
really helped. The Mains result was announced one is not able to answer a factual question, it is
quite late this year. I had only 18 days to prepare excusable. But if one does not answer a question
for the Interview. So I went to Delhi for a few days related to current developments, it is inexcusable
and then came back to Chandigarh and joined an because it reflects lack of awareness. One must
institute for interview coaching. Basically, I relied prepare questions on one’s bio-data and home state
more on the mock interviews to have a feel of the thoroughly.
actual interview.
What are the key elements that one should keep in
Was the actual Interview on expected lines? mind when going for the Interview?
When I appeared last year, there were no technical Self composure must be maintained throughout,
questions asked. But this year, they started off with a even when the Board tries to put you under pressure.
technical question and out of 25 minutes for which I While answering questions, all the opinions
was interviewed, about 15 minutes were devoted to expressed should be factually correct. It does not
the questions related to my engineering background. matter if one doesn’t know the answer. Before
This was a big change, which I had not anticipated. making a guess, one should seek the permission of
Unfortunately, a few questions were asked from the interviewer. One should be honest and never try
the latest developments related to my engineering to hide anything. It’s not necessary to agree with the
background, which I was not able to answer. opinion of the Board all the time.
In your entire interview, how much weightage was
given to Current Affairs?
I was hardly asked any question related to current
affairs. There was only one question from the
Chairman, regarding the global groupings like NATO,
BIMSTEC etc. Otherwise, all the questions in this
regard were from latest technological developments
only.
Guide
Nitin Singhania Rank 51(2012)
Name Nitin Singhania

Rank 51
Sex Male
Father’s Name Shri Ashok K Singhania
Father’s Occupation Contractor
Optionals Economics and Commerce
& Accountancy
Exam Institution %
Xth Abhinav Bharti High School, Kolkata 77.60
XIIth Bharatiya Vidya Bhawan, Kolkata 85.20
B.Sc. Presidency College, Kolkata 65.60
PG (M Sc) Presidency College, Kolkata 66
CA ICAI 55.25
CS ICSI 64.50
Number of Attempts: Two
Marks obtained in this attempt

GS Economics Commerce Essay Interview Total
224 271 278 98 174 1045
Services preferences: IAS, IFS, IPS, IRS (IT), IRS(C&CE)
Earlier selections in Competitive examinations (including Civil Services exam): Coal India Ltd, ONGC
Ltd
Prizes, Medals, Scholarships: All India Rank in Company Secretary: Final & Intermediate Exam. All
India Topper in Economics in Class XIIth CBSE Exam.
Games, Sports & extra-curricular activities: Swimming
Hobbies/Interests: Visiting places of interest, cooking
Q: How was the atmosphere during your Interview?

A: The Board was very cordial and supportive.
What do you think is the right way to face Interview Board confidently?
candidate should be well versed with every aspect of his/her bio-data, put up a calm and smiling
A
face and ready to tackle the situation/questions.
Guide
What types of questions did the Board ask?

The questions were asked from my academic background (Economics and Commerce), my Domicile state
(West Bengal), my hobbies (Visiting places of interest), etc. Moreover, few questions were asked with regard
to the culture of the Northeast India.
What is the most important thing, one should keep in mind, while facing the Interview Board?
Honesty, Simplicity and Decision-making ability while answering the questions along with a humble outlook.
During the Interview, did the board member(s) ask you any tricky question(s)?
I was asked by the Chairman to comment on “Morality is ignored in the marketplace but sometimes it
dominates the marketplace”. This was the trickiest question and was like a triggered bomb.
My Interview
Board: PK Mishra
Interviewers: 5 (Chairman, M1, M2, M3, M4)
Interview Date: 22 March 2013
Me May I come in, Sir?
Chairman Yes, Nitin.
(I went inside and greeted all the interviewers starting with the Chairman. Then I was
asked by the Chairman to sit)
Chairman S o Nitin you are from an economics background, please comment on the following
statement: “Morality is ignored in the marketplace but sometimes it dominates the
marketplace”
(This was the least expected question and that too at a very early stage. Holding my
nerves, I asked the Chairman)
Me May I take few seconds to think?
Chairman Sure (with a smile)
Me In this era of Privatization, producers are profit-oriented in their objective and it
overruns the welfare and moral aspects. Off late, we find that the expectations of the
society are not met by them in an appropriate manner hence it is ignored at the market-
place.
(The Chairman looked satisfied with the answer but it seemed that I was unable to
answer the second part of the question)
Chairman It’s okay but when you go home just give a thought on the second-part and you will get
the answer.
Me Okay sir.
Chairman itin, you are from Purulia (West Bengal), can you brief me with an incident there
N
which is in news since two decades.
(The Chairman was expecting an answer with regard to the Arms Drop Case, 1995)
Me: Sir, on the night of December 17th 1995 arms were dropped from a Latvian aircraft
to be used for creating disturbance and establishing President’s Rule in Bengal by
some social organization. The kingpin in this unfortunate incident was Kim Davy. The
extradition treaty signed with the Danish Government helped India to bring back Kim
Davy. However he was forced to be sent back to Denmark on the pretext of inhumane
behavior with him in the prison.
(The Chairman looked satisfied with my answer)
Guide
Chairman You have a hobby of exploring places of interest. Which was the last place you visited?
Me Sir, the Taj Mahal.

Chairman Okay, tell me what was the unique feature you noticed in Taj Mahal?
Me Sir, the symmetry and the pietra dura work.
(He was expecting a different answer)
Chairman Yes, these are present, but tell me something which is more unique to it.
Me Sir, the foresightening technique used in architectural designs.
(He was again expecting something else)
Chairman Did you notice that on the entrance the verses of Quran are written and they look of
similar size despite viewing it from different heights and angles.
Me Yes Sir, this itself is called the foresightening technique (replied in a humble tone)
(The Chairman just nodded his head)
Chairman What else did you see in Agra?
Me Sir, Agra Fort. (but they were interested in something else)
Chairman Okay, tell me which other places have you visited in the recent past?
Me Sir, Sundarbans.
Chairman Y ou must have visited it anyways since it lies in Bengal. Tell me about some other
places.
Me Rameshwaram (but I feared of further questions on it because I visited it long back)
Chairman Why is it called Rameshwaram?
Me Sir, It’s because Lord Ram crossed Lanka from that point. (I was wrong)
Chairman No, it’s related to Lord Shiva
Me Thank you sir.
(Chairman then asks other members to ask questions)
M1 Nitin, tell me what Welfare Economics is?
(I did not give the precise definition but I explained them the meaning lucidly)
M1 You have done MSc in Applied Economics. What does this “Applied” imply?
(I explained them the practicality involved in the due course of the program through
projects, industry visits, data analysis and econometric models)
I found a silent expression on his face.
M2 (A Lady member): Nitin, did you get a chance to travel to the Northeast?
Me No, Madam.
M2 Okay, tell me the different tribes of the Northeast?
Me Garo, Khasi, Jaintia (I was interrupted by her in the middle)
M2 No no, tell me those whose name resembles with places there.
Me Madam, Mizo.
M2 Tell me what else?
Me Madam, Naga.
M2 Tell me the sub-tribes of Naga?
Me (after taking a pause of few seconds) Madam, my apologies but I cannot recall
anything.
(She replied with some names of Naga sub-tribes which I could not comprehend)
Guide
M2 Okay tell me some aspects of cultures of Nagas.

Me They follow Christianity and they celebrate a harvest festival the name of which I
cannot recall.
(They accepted from my expressions that I didn’t know much about them)
M3 (the most aggressive interviewer): Tell me the difference between Economics and
Commerce? (With a blank facial expression)
(I replied with a definition of Economics)
M3 Who gave this definition?
Me Sir, Paul Samuelson.
M3 You still live in the era of Samuelson?
(A real shocking reply, Samuelson is a 20th Century economist. Not as ‘’old’’ as M3
tried to portray him. I think this was purposely done to create a stress on me)
(Even though I was blank with expression, I was firm with my answer)
M3 Okay, you can continue.
(I explained in my words the differences between Economics and Commerce. Again got
a blank expression from his side.)
M4 ‘’Religion works like opium in the minds of the people’’. Comment.
(I did not know it then that it was a statement given by Marx)
Me Across the globe, religion is closely entwined with social and cultural life of the people
and often people come in conflict on the basis of religion. But with passage of time, the
dominance of religion is gradually getting lower but still a little impact will always be
present.
(They looked satisfied with the answer.)
M4 Many Chartered Accountants are often found indulging in malpractices. What’s your
take?
Me Sir, for the choices of ‘few’ the reputation of ‘many’ comes at stake. Not every CA acts
in a deviant manner. A strict vigil is already being maintained by ICAI through various
mechanisms like peer reviews and strict action is taken for Professional Misconduct
which includes cancellation of practice license.
Chairman Tell me five spiritual personalities from Bengal.
Me Swami Vivekanand, Chaitanya Mahaprabhu , Ravindra Nath Tagore. (I could not recall
more but importantly I forgot Ramakrishna Paramhansa, Sri Aurobindo)
Chairman Name Nobel Laureates from Bengal?
Me The first was Rabindra Nath Tagore in 1913 for Literature. Then, Amartya Sen in 1998
for Welfare Economics. (took a slight pause) Mother Teresa in 1979 for social work.
She was from Yugoslavia but got the award for her unparallel efforts to uplift the poor
and sick of Kolkata.
Chairman Okay Nitin, your interview is over.
Me Thank you sir, it was my privilege.
(The interview was on satisfactory lines but it was certainly not my best thirty minutes)
Guide
Abhilasha Kumari Sharma Rank 87(2014)
Name Abhilasha Kumari Sharma

Rank 87
Sex Female
Father’s Name Anant Kumar Sharma
Father’s Occupation Government Service
Optional Geography
Xth St.Joseph’s Convent 2005 92.3
High School,
Chittaranjan
XIIth Kendriya Vidyalaya 2007 89.6
Chittaranjan
B Tech in West Bengal 2011 8.87
ECE University of (CGPA)
Technology
PG Indira Gandhi 2014 76.04
(Pub Admn) National Open
University
Services preferences: IAS, IFS, IRS (IT), IRS (Customs & Excise)
Earlier selections in Competitive examinations: SSC Examination, CSE 2012 Prelims
Job experiences : Was selected as Assistant Systems Engineer by TCS in campus selection and
Income Tax officer in Ministry of Finance through SSC but did not join the service.
Prizes, Medals, Scholarships: Chittaranjan Township Tower in 10th and 12th, Topper in College in ECE
Dept in Engg, gold Medal in 6th International level Science Talent Examination 2004 in 10th Standard.
Games, Sports and extra-curricular activities: Participated in Athletics track events in school.
Hobbies/Interests: Reading books, painting and story telling.
My Interview
Name of the chairman: Shri Chattar Singh
Date: 17th April 2014
Time: Afternoon
Chairman (CM)
Guide
CM: So you are Abhilasha? M2: Do you know recommendation of Reddy

Commission?
CM: Tell me, have you read Pushp Ki Abhilasha?
Member-3 (M3)
CM: Who is the poet?
M3: I throw a ball of 10 kg and 3 kg from top of
CM: Showed me my photo and asked who is
UPSC building. Which will reach on ground
this?
first?
CM: Do you know a story? Tell me in 3 lines?
M3: Jharkhand was created in 2000 along with
CM: What are the key ingredients of a story? two other smaller states but it is left behind
CM: How will your story telling help in dealing and other two have progressed. Give me
with client if you are posted as SDM of a reason 1, 2, 3, 4.
district? M3: What are the problems of coal mining in
Member-1 (M1) Jharkhand?
M1: Do you know what is an earthquake? M3: Why is Patratu famous?
M1: How is magnitude of earthquake measured? M3: An UMPP is going to be set up in Jharkhand.
Tell me where?
M1: How will the magnitude change from
Richter Scale 6 to 7? M3: Can you tell me who is setting this project?
M1: How do Richter Scale measure earthquake? M3: You are DM of a district and a SDM has
been taken by naxalite and their demand is
M1: Can you tell me how will the energy to release few dreaded naxalite. The moral
released change from Richter Scale from 6 of your subordinate is low. What will you
to 7? do?
M1: What is El Nino? Member-4
M1: Does it have any effect on India? M4: Abhilasha, do you think training is
M1: Can we predict El Nino? necessary?
Member-2 (M2) M4: What is learning by learning?
M2: Who is called Iron Lady? M4: You are posted as DM of a drought prone
area and require water urgently. What will
M2: You are coming from Jharkhand and there you do?
is problem of naxalism. Same is the case in
north east. Irom Sharmila is fighting in NE M4: If you are posted as DM of a district and
against something. What is it? you have to set up a library to enhance
the reading habit of people in your district.
M2: What is the provision in AFSPA because of How will you do this?
which she is fighting against this Act?
M4: Do you know about TQM in Japan? Will it
M2: What had happened with her (personal be effective also in India?
cause) because of which she is fighting
against this Act?
Guide
Chandni Singh Rank 9(2012)
JM: How confident were you when you went for your interview this time?
CS: I had prepared a great deal. I tried not to leave any stone unturned. I
learnt a lesson from my previous experience that I was very nervous
largely owing to my lack of preparation. So, this time right after my Main
I started discussing issues, form an opinion and take a stand, with my
friends and after that I realized that it reflects in your manner of speech
and your conduct in the interview. So, experience was a great help and
preparation will add manifold to your confidence.
JM: During the interview preparation, most people try to keep reading and
watching TV to keep themselves updated with current affairs. What was your strategy?
CS: I kept the number of books I referred to the minimum (only the basic ones that I needed) because I
realized that it is very difficult to know even one book thoroughly. So, I just relaxed and made reading
the minimum possible wherever it was actually needed as my strategy.
JM: Did you practice mock interviews with your friends?
CS: I did practice that. It helped a great deal. In fact if you can find friends to practice interview with, it
is of great help.
JM: How did you practice for the interview— sitting as if facing the interview and others asking
questions?
CS: Yes, it has to be done seriously.
JM: No group discussion?
CS: o, Sir. It was one-on-one. There were sets of questions that my friend asked and then I took his
N
interview. We worked in turns.
JM: What is the importance of Current Affairs in interview preparation?
CS: V ery important. I think that is the crucial part. Besides that, I think it is still okay to say ‘I don’t know’
to your knowledge of optional or even for your background or very technical questions. But for current
affairs, you are expected to know.
JM: How much percentage of Current Affairs questions were there in your interview?
CS: Not much actually but from all the collected experience that I have read about it, it is very important.
JM: Does the knowledge of Current Affairs give you much added confidence?
CS: Yes, definitely. In my interview the questions were very factual; surprisingly mostly from my
background. I felt it like a quiz competition.
JM: Whose Board did you get?
CS: Mrs Alka Sirohi.
JM: Can you briefly tell us your experience with the Interview Board second time?
CS: It was cordial. It did not feel like a stress test even though may be the constant bombardment of
questions was meant to make it like that. But I knew from the very beginning that it was not a test
of knowledge so I felt very comfortable saying ‘I don’t know’ to the questions which were technically
beyond my knowledge. Other than that I did try my best to answer the factual questions they asked
even if I couldn’t recall the correct answer at that moment. The questions from my background were
more to know about why my performance had slipped in college. I believe that they do expect the
candidates to have taken a keen interest in their graduation or college subjects.
Guide
B esides that there were many insightful questions like my interpretation of a particular quote. So

that was may be owing to my philosophy background.
T he interview was very smooth and the board was trying to help me in recalling the answers where
I found myself faltering. For example, there was a question on a temple in Cambodia which is built
on the lines of a Hindu temple architecture. The answer was Angkor Wat but at that time I couldn’t
recall the name even after having read it so many times during preparation. I was really trying to
recall and then even the Chairman helped me out saying it starts with an ‘A’ but I still couldn’t recall
it. So I simply said, ‘I can’t recall’.
MG: During your interview, at any point of time, did you feel your interview is going well and you will
score better this time around?
CS: S omething about their body language did reflect that point. The Chairman was very attentive and
kept nodding every now and then and the other members too were very cordial and seemed very
happy and satisfied. There were no counter questions
Raghavendra Singh Rank 12 (2012)
Name Raghvendra Singh

Rank 12
Sex Male
Father’s Name Mr Mohan Singh
Father’s Occupation Agriculture
Optionals Political Science & Hindi Literature
Exam Institution %
Xth CRTSVM Siswa Bajar 75
XIIth CRTSVM Siswa Bajar 77
Graduation DAV Degree College 60
Gorakhpur
PG (Pol Sc) JNU, New Delhi 6.12
Number of Attempts: Three

GS Pol Science Hindi Lit. Essay Interview Total
222 310 285 94 180 1091
Services preferences: IAS, IPS
Earlier selections in Competitive examinations (including Civil Services exam): CSE 2011, Rank 216
Prizes, Medals, Scholarships: UGC NET JRF
Hobbies/Interests: Hindi Novels, Music, Ghazals
Guide
MG: You have secured 180 marks in the RS: One of the Board members asked me, “Are
interview this time, which is almost 30 you in the job already? What is that job
marks more than what you scored in your and why did you want to be an IAS when
last attempt. What effort did you put to you are already an IPS?” Then there were
improve your marks? questions on Naxalism and Maoists, their
underground activities, Government’s
RS: I think in my last attempt, I went through
left-wing extremism affected special
a lot of mock interviews and wasted my
programme. In how many districts these
energy. While staying at JNU, I used to get
programes have been implemented till
up early in the morning to attend the mock
so far? Then some questions were asked
interview and then get back to the JNU
on my hobby which I had mentioned as
campus wasting a lot of energy and time.
‘watching movies’. So they asked me if I
So, I was not able to prepare myself in the
have watched ‘Taare Zameen Par’. What
best possible manner.
was the central massage given through this
But this time around, I somehow managed. movie?
I was in the Police Academy but I managed
MG: During your interview, at any point of time,
to prepare well. Another area where I was
did you feel your interview is going well
a little skeptical about my performance is
and you will score better this time around?
English speaking. In the last attempt, it was
very poor, but, this time I improved on it. RS: Yes sir, most of the time.
But still I think the marks are not as much
MG: What made you feel that way: the body
as I expected; but yes, comparatively, I am
language of the Chairperson or the facial
satisfied with my result this time.
expression?
MG: Whose Board did you get this time?
RS: Ma’am chairperson was very supportive
RS: Mrs Alka Sirohi. and kept smiling all throughout the
interview. She used to drop some hints to
MG: Can you briefly tell us your experience with
the questions which I was struggling with
the Interview Board?
and I picked up on her hints to elaborate the
RS: My interview was on March 7, in the answer.
second half and I was the fifth candidate
There was a very good question like why
to be interviewed that day. Board members
is it so that there is exclusion of people
were very cooperative and Alka Sirohi
from BPL list in the village and how can we
Ma’am, especially, was very cordial and
eradicate this problem? So, I was clueless
ever smiling.
about the whole issue and she said that do
MG: How long did the interview last? you think Gram Sabhas should be made the
RS: Sir, it lasted for 40-45 minutes. authority to conduct this task instead of
Gram Pradhans? I picked up her idea and
MG: What types of questions did the Board ask? started answering from that very point and
it went well.
Guide
Mutyalaraju Revu Rank 1 (2006)

Name Mutyalaraju Revu
Rank 1st
Sex Male
Father’s Name Narasimha Murty
Father’s Occupation Farmer
Optionals Electrical Engg & Mathematics
Xth MSR ZPPH School, Gundugolanu 1995 80
DEEE SMVM Polytechnic, Tanuku 1998 89.3
B Tech NIT, Warangal 2002 89.1
M E IISc, Bangaluru 2004 6.8/8.0 CGPA
Number of Attempts Three
Marks Obtained in this Attempt

Essay GS Electrical Mathematics Interview Total
Engg.
135 320 395 351 195 1396
Service Preferences IAS
Prizes, Medals, Scholarships ECET-98 State 1st Rank; GATE-02 All India 3rd Rank, ESE-03 All India 1st
Rank, CSE – 05 All India 223rd Rank and College topper in all 4 years during B. Tech
Hobbies/Interests Meditation, motivating others and reading mythological books
Q: What do you think is the right way to face Q: What types of questions did the Board ask?
the Interview Board confidently?
A: Chairman: Mostly on biodata like why did
A: A balanced personality, positive attitude I join polytechnic? Did I get any job after
and confidence are necessary for doing polytechnic? Why I joined B Tech? About
well in the interview. changing of service from IRSEE to IPS and
then to IAS, hobbies etc.
First make a group of friends who are
appearing for interview. Prepare in depth, the Member 1: Right to Information Act, World
areas of bio-data, previous job experiences, Cup, police training. Some questions on
hobbies, educational qualifications, law (Indian Evidence Act)
optional subjects, home state, then current
Member 2: On hobbies (meditation,
national and international events. Then
motivating others and reading Indian
conduct mock interviews within the group.
Mythological books), about training of
One should be confident and polite while
Indian cricket team for 2007 World Cup, etc.
answering the questions. Honesty will
definitely pay in the interview.
Guide
Member 3: Mathematics puzzles, on Q: What is the most important thing one
Srinivasa Ramanujan, on electrical should keep in mind while facing the

engineering, prime numbers, etc. Interview Board?
Member 4: On IISc (Indian Institute of A: Be honest, optimistic and confident. You
Science), IITs, NITs, research in India (The need not answer all the questions to get
discussion went for around 10 minutes). good score in the interview. If you don’t
Why I have chosen civil services as a career. know any answer, say politely, ‘I don’t know,
sir’, instead of guessing the answer. You
It was Subir Datta’s Board and the Interview
should be cool throughout the interview.
lasted for about 35 minutes.
S Nagarajan Rank1 (2004)
Name S Nagarajan
Rank 1st
Sex Male
Date of Birth 8 February 1979
Father’s Name N Srinivasan
Optionals Sociology & Geography
Xth Chinmaya Vidyalaya 1994 84.1
XIIth Chinmaya Vidyalaya 1996 95.5
BE BITS, Pilani (Elect Engg) 2000 9.55
Number of Attempts Four

Essay GS Geography Sociology Interview Total
105 414 381 344 168 1412
Service Preferences IAS, IFS
Earlier Selections CSE 2001 Rank 137; CSE 2002 Rank 131
Hobbies/Interests Reading, Watching Movies
Q: How did you prepare for Personality Test did I leave a good engineering career and
joined Railways? Why do I want to leave
A: In the previous attempts my preparations
Railways and go to IAS loosing three years
were haphazard. I was rushing through
of service? Then I worked on my Bio-data
coaching classes. More thinking about
and tried to generate as far away questions
personality and Bio-data are required
as possible. Almost the entire interview
rather than trying to know more about
was what I thought of.
current-affairs. This time, I asked myself
why I wanted to join civil services? Why
Guide
S Asker Ali Rank 167(2015)

Name S. Asker Ali
Rank 167th
Sex Male
Father’s Name S Ahamad Ali
Father’s Occupation IAS
Optional Manipuri Literature
Xth Catholic School, Canchipur 2007 98.33
XIIth Herbert School, Changangei 2009 84.2
Graduation (Phy. Hons) Hindu College, Delhi 2012 76.37

GS Essay OP Interview Total
353 144 238 179 914
Service Preferences IAS, IPS, IFS, IRS (IT), IRS (Customs and Central Excise)
Prizes, Medals, Scholarships: INSPIRE Scholarship, IOCL Scholarship, State Merit Awards and other
awards in state level competitions.
Games, Sports & extracurricular: NSS member, school football team member, school captain
Hobbies /Interests Debating, teaching, anchoring and watching cricket
Q: How was the atmosphere during your a challenge and express oneself sincerely
Interview? who and what one is. Stay far away from
pretensions and faking. The general mistake
A. The Board members were very cordial and
of associating result with the performance
reasonable questions were put forth. They
in personality test should be avoided.
placed before me 2/3 such questions to
check my temperament. But fortunately, If the candidate have lived a disciplined life
I didn’t feel any nervousness before or as that of a civil servant, his/her personality
during my personality test. test would be much easier.
Q: What do you think is the right way to face Q: What types of questions did the Board ask?
Interview Board confidently?
A. The Board did not ask anything extraordinary.
A. Always have a smiling pleasant face. But the initial questions were on Physics,
Candidates should not be fearful of the the subject I studied in my graduation. They
personality test. Though personality test further asked about state specific issues
is very crucial, it should not come down to and problems and prospects. Questions on
the question of life and death, but take it as economics were also placed. Situational
based questions were also put forth.
Guide
Q: What is the most important thing one Q: During the Interview, did the Board
should keep in mind while facing the member(s) ask you any tricky question(s)?
Interview Board?
A. Yes, they did. Questions came from Physics
A. The candidates should convince themselves of 11th and 12th standard which are not
that it is just another test in the process to used in our day-to-day lives, so that took
select the right civil servant. Hence, there’s me sometime to frame the answers. And
no need to feel nervous. Just be true to I didn’t know answers to some of those
himself/herself and don’t pretend. questions, so I admitted I had no idea of
them. Again questions on insurgency came
which is a little tricky to comment.
Johny Tom Varghese Rank 8(2013)
Name Johny Tom Varghese

Rank 8
Sex Male
Father’s Name George Varghese
Father’s Occupation Priest
Optional Sociology
Xth St.Thomas 2002 92
Residential School,
Thiruvananthapuram
XIIth St.Thomas 2004 90
Residential School,
Thiruvananthapuram
B.Sc. Madras Christian 2007 5.03/6
(Maths) College, Tambaram
PGDM PSG Institute of 2011 70
Management, Coimbatore
Services preferences: IAS, IPS, IFS, IA-AS, IRS
Job experiences : Research Associate at Institute of Social Sciences and Aaron Schneider; Research
Assistant at Geoffrey MacDonald and Buyer at Nokia India Pvt Ltd
Prizes, Medals, Scholarships: Runner-up of Extempore Speech Malayalam at the All Kerala ISC ICSE
Cultural Event, 2003; Runner-up of A V Varghese Memorial
Hobbies/Interests: Choral singing, charcoal drawing
Guide
MG What all you did to prepare for the But other than that what I concentrated on

interview? was to find this higher order generalization
or the higher order issue for a fact, like I
JTV You know sir, when you clear the Prelims
was earlier mentioning. So if the issue is
and the Mains, you gain some confidence.
on Vedanta, the bauxite mining you can
So I think that confidence will always help
answer in a very factual way. You can
you.
speak about Tribals, you can speak about
You can prepare your bio-data but when mining issues but then you can also jump
it is truthful and honest there is not much into directly addressing the question of
to prepare on that front also. But what you development.
can do is work on that certain mannerism
If they asked me a fact, I tried to find a
which makes you look more attractive. I
higher order issue. So that was primarily
think mock interviews helped during that
what I did in the preparation. My friend
time.
Roy, who studies in JNU, also helped me.
Certain things like, I remember I was talking He did a lot of mock interviews with me.
to Shashank Atom Sir and in a different So that way I was able to fine tune in my
mock interview I looked very old, lethargic preparation.
and not very energetic. Shashank Sir told
me that you should raise your pitch a little
bit so that you will sound a little more
energetic.
Guide
Amrita Banerjee Rank 110 (2015)
Name Amrita Banerjee

Rank 110th
Sex Female
Father’s Name Mr D. P. Bandyopadhyay
Father’s Occupation Engineer
Optional Political Science and International Relations
Xth St. Xavier’s School, ICSE, 2000 90
Bokaro Steel City
XIIth St. Xavier’s School, ICSE, 2002 89
Bokaro Steel City
Graduation Lady Sriram College for Women 2005 60
Post Graduation Jawaharlal Nehru University 2007 6.75 CGPA
MPhil Jawaharlal Nehru University 2014 7.75 CGPA
Number of Attempts Fifth

GS Essay OP Interview Total
369 122 246 190 927
Service Preferences: IFS, IAS, IRS(IT), IPS, IRS(CS&CE)
Job Experience: Worked as an Editorial Associate with Indian Foreign Affairs Journal for one year.
Prizes, Medals, Scholarships: UGC Net JRF in International Relations, UGC Net JRF in Political
Science, Class Topper from Std. 9-12, College Topper for all 3 years in LSR, University Topper in MPhil
in JNU, Attended Public Diplomacy Course in Vienna (Austria) and Paper Presentation in Harvard
University, USA.
Games, Sports & Extracurricular Activities: Underwent a Course on Self-Defence given by the Delhi
Police, Participated in Cross Country Runs and other games in School and College, School Prefect,
Director of Safety Patrol, Social Service League at School, Worked with National Social Service in
College, Helped in Launching an online, E-Zine dedicated to the study of Americas in JNU and acted
as Editor. Was the Hostel Mess Secretary in JNU.
Hobbies /Interests Doing Social Work for people around me, watching movies that are connected with
historical events and personalities.
Guide
Q: How was the atmosphere during your questioned me on various international

Interview? issues like India-Pakistan engagement,
BRICS, India’s nuclear doctrine, India’s
A: The atmosphere during my interview
relations with her neighbours and on my
was cordial. The Board members seemed
choice of Foreign Service as the first option
happy with my answers because I was
as well as whether I had knowledge of any
extremely honest in whatever I said. I never
foreign language.
argued with them. Rather I was extremely
respectful and cautious in what I said. Q: What is the most important thing one
should keep in mind while facing the
Q: What do you think is the right way to face
Interview Board?
interview board confidently?
A: Never pretend to be something you are not.
A: Honesty, calm disposition and humility are
Always be your natural self.
the key to success in the interview.
Q: During the Interview, did the Board
Q: What types of questions did the Board ask?
member(s) ask you any tricky question(s)?
A: The Board asked me a range of questions
A: Yes they tried to unnerve me by asking
starting with the Delhi weather, my
me lots of questions in a succession
birthplace, hobbies, women education,
without letting me complete the answers
reforms in higher education, RUSA and
but I remained calm and did not show any
use of IT in higher education, my favorite
irritation or anger. As time passed I felt
historical personality and why I liked him/
more and more comfortable as I did not
her, my seminars and presentations abroad
make any mistake.
and year-long working experience in the
Indian Foreign affairs Journal. They also
Guide
Zuhair Bin Saghir Rank 5(2006)
Name Zuhair Bin Saghir

Sex Male
Date of Birth 18 February 1982
Father’s Name Mr Mohd Saghir Husain
Optionals Geography & Public Administration
Xth Fr Agnel School, New Delhi 1995 83
XIIth Fr Agnel School, New Delhi 1997 76
B.Tech (Electrical) AMU, Aligarh 2002 71
Number of Attempts Two

Essay GS Geography Pub Admn Interview Total
143 368 308 213 213 1344
Service Preferences IAS, IPS, IFS, IRS, Customs
Earlier Selections Central Intelligence Officer, IB
Prizes, Medals, Scholarships In Debates, Quizzing, Creative Writing etc.
Hobbies/Interests Ghazals, Creative Writing
What did you do for the Interview preparation? always unpredictable. But couple of questions asked
in the interview itself worked. For e.g. in current
I started preparation after getting the call for the
affairs, foreign affairs etc, it did work. But most of
Interview. Before that I was just tracking the current
the time, it was a test of 25 years of personality that
developments, reading newspapers and catching
I had.
with TV news and all. After I got the call for the
Interview, I got into a little bit of stringent work and How was the atmosphere during your Interview?
then I had little bit of discussion with my friends on
Very cordial and all the members tried to put me at
some key issues. Moreover, whatever I had done in
ease, so that the best could be drawn out of me. It
current affairs, I needed to consolidate upon that. I
lasted for 40-45 minutes.
just pre-guessed— what could be the questions that
could be asked from current developments etc and What do you think is the right way to face the
then I focused on those areas. Interview Board confidently?
Did it work? Realising that interview is not the sole deciding factor
and going with an open mind and full confidence. A
Quite a bit. Interview is always unpredictable. Given
free discussion always helps draw the best out.
the scope of questions that can be asked, they are
Guide
Manish Ranjan Rank 4(2001)

Name Manish Ranjan
Sex Male
Date of Birth 21 March 1977
Father’s Name Shri Rajballabh Prasad Singh
Optionals Sociology and Psychology
Xth Netarhat Vidyalaya, Netarhat 1990 85
XIIth Patna College, Patna 1992 78
BA (Sociology) Hindu College, Delhi University 1996 60
PGDRM IRMA, Gujarat 1998 65
Number of Attempts Two

Essay GS Sociology Psychology Interview Total
120 306 373 371 225 1395
Service Preferences: IAS, IFS, IPS, IRS, IC&ES
Prize, Medal, Scholarship: 9th position in the State Board in class Xth, Topper of State Board in XIIth,
Topper of Hindu College and 2nd in Delhi University in Graduation
Hobbies/Interests: Motivating self and others, directing and acting in street plays and watching news
channels on TV.
What was your experience of the Interview? wanted my reaction to his comment. I also replied,
“If NDDB is a pen full of ink writing the story of dairy
The atmosphere was very cordial. The Interview
development in India, I am a small little drop of ink in
Board put me at ease and encouraged me to
the pen. If NDDB is a wheel bringing about positive
express myself freely. It was more of a dialogue:
social transformation in the country, I am a small
a participatory discussion rather than five experts
spoke in the wheel.” It seems this answer appealed
asking questions. They were intent upon extracting
to the Board. Again some time later, the Chairman
the best out of me.
commented that I was the most suitable candidate
During the interview, did the Board member (s) ask who should be going for Indian Foreign Service (IFS).
you any tricky question (s)? I responded positively and agreed with him. Then, I
The chairman once sarcastically commented that shared with him my plans how I intended to serve
National Dairy Development Board (NDDB) is my country as an IAS. I added that my heart lies in
performing so well despite an officer like me! He being the part of IAS.
Guide
Alok Ranjan Jha Rank1(2001)
Name Alok Ranjan Jha

Sex Male
Date of Birth 10 August 1972
Father’s Name Purushottam Jha
Father’s Occupation General Manager (NAFED)
Optionals Pol Sc & International Relations
and Sociology
Xth St Michael’s High School, Patna 1987 70
XIIth St Michael’s High School, Patna 1989 81
BA (Pol Sc) Hindu College, Delhi University 1992 60
MA(Pol Sc) Hindu College, Delhi University 1994 60.5

Essay GS Pol. Sc Sociology Interview Total
122 384 362 347 210 1425
Service Preferences IFS, IAS, IPS, IRS
Prize, Medal, Scholarship JRF/UGC
Extra-curricular Activities Debating, Quiz, Cricket
Hobbies/Interests Reading and Travelling
How was your interview? What was your experience?

I was a bit scared to begin with. But the moment I entered, right from the beginning the Board was very cordial,
very friendly and extremely nice. So, not even for a moment I felt uncomfortable. They were very polite.
Guide

Jallikattu Issue : An analysis
What is Jallikattu? fare Board of India concluded that “Jallikattu” is

Jallikattu (or sallikkattu), is a traditional sports in inherently cruel to animals”. Various animal welfare
which a bull (Bos indicus), commonly of the Kan- organisations, the Federation of Indian Animal Pro-
gayam breed, is released into a crowd of people. tection Organisation (FIAPO) and PETA India have
The multiple human participants attempt to grab the protested against the practice.
large hump of the bull with both arms and hang on
to it while the bull attempts to escape. Participants Timeline of Events
hold the hump for as long as possible, attempting to • The Animal Welfare Board of India filed a case in
bring the bull to a stop. In some cases, participants the Supreme Court of India for an outright ban on
must ride long enough to remove flags on the bull’s Jallikattu because of the cruelty to animals and
horns. Jallikattu is typically practiced in the Indian the threat to public safety involved.
state of Tamil Nadu as a part of Pongal celebrations • In 2010, the Supreme Court permitted the Gov-
on Mattu Pongal day. ernment of Tamil Nadu to allow Jallikattu for five
Jallikattu is an ancient sport. Ancient Tamil poetry, months in a year. The court directed the District
known as Sangam literature (2nd BCE – 2nd CE), Collectors to make sure that the animals that par-
has many detailed references to Eru Thazhuvuthal ticipate in Jallikattu are registered to the Animal
(hugging/embracing the bull).The modern term Jal- Welfare Board and in return the Board would send
likattu or Sallikattu is derived from salli (coins) and its representative to monitor the event. The Gov-
kattu (package), which refers to a prize of coins that ernment of Tamil Nadu ordered that ₹2lakh to be
are tied to the bull’s horns and that participants at- deposited by the organizers in case of an accident
tempt to retrieve. or injury during the event and enacted a rule to al-
low a team of veterinarians be present at the venue
Bos indicus bulls are bred specifically by people of for certifying the bulls for participation in the event
the village for the event. Bulls that are able to par- and to provide treatment for bulls that get injured.
ticipate successfully in the Jallikattu event are used
• In 2011, Ministry of Environment and Forests is-
as studs for breeding. These bulls also fetch higher
sued a notification that banned the use of bulls as
prices in the markets.
performing animals, thereby banning the event.
But the practice continued to be held under Tamil
Controversy regarding Jallikaattu
Nadu Regulation of Jallikattu Act of 2009.
Animal welfare activists raised concerns over the • In 2014, the Supreme Court of India struck down
mishandling of the bulls before and during the com- the state law and banned Jallikattu altogether.
petition. Inhuman practices such as prodding the bull The Supreme Court noted that any flouting of the
with sharp sticks, extreme bending of the tail which ban should result in penalties for cruelty to ani-
can fracture the vertebrae, biting of the bull’s tail, mals under The Prevention of Cruelty to Animals
bulls being forced to drink alcohol for disorienting Act, 1960. The court also asked the Government
them and chilli peppers being rubbed in their eyes to of India to amend the law on preventing cruelty
aggravate the bull have been reported. Even during to animals to bring bulls within its ambit. The Su-
attempts to subdue the bull in the arena, they are preme Court also ruled that cruelty is inherent in
poked by knives or sticks, punched, jumped on and these events, as bulls are not anatomically suited
dragged to the ground. for such activities and making them participate is
Animal welfare activists have further alleged that subjecting them to unnecessary pain and suffer-
Jallikattu exploits the bull’s natural nervousness as ing, so such events were outlawed.
prey animals by deliberately placing them in a terri- • On 8 January 2016, the Ministry of Environment
fying situation. In such circumstances they are forced and Forests permitted the continuation of the tra-
to run away from the competitors who are perceived dition under certain conditions, effectively ending
as predators. An investigation by the Animal Wel- the ban.
Guide
• However, on 14 January 2016, the Supreme Court Sections 3, 11 and 22 of the PCA. So, the new law
of India issued a stay on this order, upholding the amends or adds to the relevant sections. In addition,
ban, after a petition filed by the Animal Welfare it seeks to overcome the objection that the State law
Board of India and PETA India, leading to protests is not in conformity with the relevant central law.
all over Tamil Nadu. The Supreme Court refused An earlier Act, the Tamil Nadu Jallikattu Regulation
to review its decision on 26 July 2016. Act, 2009 was struck down by the Supreme Court on
this ground. The present ordinance seeks to elimi-
Latest protest in Tamil Nadu nate the elements of conflict with the Centre’s prior
On 16 January 2017, the World Youth Organization permission.
(WYO) protested at Chennai against the stay on the On 31 Jan 2017, the Supreme Court refused to
order overturning ban on conducting Jallikattu in stay the Tamil Nadu government’s law permitting
Tamil Nadu. The WYO also demanded a ban on PETA jallikattu, but agreed to hear a plea against it. The
in India. Several hundreds of protesters conducted court issued a notice to Tamil Nadu on the validity
a rally at Chennai Marina opposing the ban on Jal- of the new state law, and gave the state government
likattu. Critics even argued that the mass protests at six weeks to reply to it. The plea was filed by the
Marina beach were about fulfilling the aspirations Animal Welfare Board, and other activists sympa-
of the people and restoring the self-esteem of the thetic to its views. They said the law was illegal and
Tamils other than protest against the ban only. unconstitutional.
Tamil Nadu legislators passed the Bill on January
23, 2017, after the state witnessed pro-jallikattu In support of Jallikattu
protests on an unprecedented scale. The ordinance One strong characteristic of life in India is the per-
defines jallikattu, and amend some of the exiting sistence of certain social institutions, the origins of
provisions with overall purpose in protecting jal- which are lost in pre-history. Though the profile of
likattu from legal challenge and to promote and fol- these practices change, they retain their essential
low tradition and culture, and to ensure survival and features. Jallikattu is one such precious heritage
continuance of native breeds of bulls. In particular, that has been preserved over millennia and its duty
a) It defines ‘jallikattu’ as an event involving bulls of the present generation to take this forward. Fol-
conducted with a view to following tradition and lowing factors can be attributed in favour of this.
culture between January and May every year in
Tamil Nadu. 1. Native breeds as a factor
b) It amends Section 3 of PCA so that notwithstand- There were scores of cattle breeds in India 100 years
ing its provisions, jallikattu may be held subject ago but we lost many of them. Unless we engage
to rules and regulations. with the traditional livestock keepers and support
them, we will keep losing existing breeds as well.
c) It amends Section 11 to add ‘the conduct of jal-
likattu’ as another exception to the list of actions Tamil Nadu had six major cattle breeds, Kangayam,
that do not amount to cruelty. Pulikulam, Umbalachery, Barugur, Alambadi and
d) It amends Section 22, which relates to restrictions Malai Maadu other than many more minor breeds.
on some animals being used for performances, to Most of these are on the verge of extinction.
make this clause inapplicable to jallikattu.
e) It adds jallikattu as another item in a list of ‘ex- Native cattle have evolved over millennia, adapting
emptions’ from the rule against using some ani- to the local environmental conditions. They are an
mals as performing animals. The original list con- integral part of farming, especially for small and
tained use of animals by the police and military marginal farmers as they serve multiple purposes
after training them and for use for scientific and like ploughing, transportation, source for farmyard
educational purposes. manure, and as a source of milk. The native cattle
f) It adds Section 28A to say nothing in the Act are both an input as well as insurance to the live-
would apply to jallikattu. stock keepers and are considered as unit of wealth
in villages.
The ordinance seeks to address the specific grounds
Other than economic it also has a socio-cultural
on which the Supreme Court held jallikattu illegal.
connotation. If the sport is banned, farmers will be
In particular, the court had held jallikattu is violating
Guide
forced to abandon the raising of native livestock, III. Buyers of cows for breeding and household usage

which already stands threatened due to the exten- IV. Beef traders who are mostly if not all agents of
sive use of motor pumps, tractors and mechanised export companies and slaughter houses based in
agriculture. Kerala. They buy all cattle as they are only inter-
ested in meat.
2. Connection between sports and farming.
The intricate connection between the event and When a ban on jallikattu is in place, the simple sup-
farming can be seen from the chronological order ply-demand equation gets skewed. There are no
in which jallikattu happen first, then the shandies takers in the first category, which means the bulls
(cattle markets) and then the main farming season will only sought by the fourth category i.e. beef trad-
starts. Once harvest is done, farmers take their ers. With no demand from jallikattu enthusiasts, the
bulls to participate in such events over the next few price of such prized bulls falls to rock bottom. By kill-
months; spectators and visitors make a note of the ing the market for bulls to be used in jallikattu, the
top bulls and seek them out in sandhais. Stud bulls animal rights activists are directly responsible for
are reared by people for jallikattu. The ones that win sending them to slaughter. There is a huge demand
are much in demand for servicing the cows. Small for Bos Indicus variety beef in the Gulf, Malaysia and
farmers cannot afford to keep stud bulls, so each Western countries. It is considered an exotic and
village has a common temple bull which services healthy meat, just like country chicken.
the cows of the village. Jallikattu is the show where 5. Misconceptions abound
bulls are brought and exhibited. The ones which are Major misconception is that jallikattu is just like
most agile (and virile) are preferred by farmers. The Spanish bullfight. However it must be remembered
calves from such bulls are also in demand. that these two are completely different. The sport in
India is not about baiting or injuring the bull but of
3. Disconnect of urban people from rural cus- “embracing the bull”. It is held that cruelty is meted
toms out to animals by giving them alcohol, prodding and
Policies are made by people of urban mindset, gen- twisting their tails etc. that organisers beat the
erally, completely ignoring the traditional knowledge bulls, stuffing something pungent in their nostrils,
and customs of villagers. The main focus of the ur- confine them in a dark, suffocating place in order to
ban editors and reporters has always been on sensa- enrage them.
tionalising news and grabbing eyeballs by showing
just the brutality and accidents due to the sports The reality is different. Amidst all the regulations
completely ignoring its benefits. In a year, there are and scrutiny, which bull owner will risk giving alco-
10,000 instances of a bull leaving the vaadi vaasal hol to the bulls? Glucose water is given to them for
(gate) during jallikattu. Of the thousands of players stamina. Out of the 10,000 instances of bulls let out
who take part, hardly 50-100 get injured in a year, a year, the anti-jallikattu activists have produced im-
and deaths are exceptional. ages/videos of may be 7-8 bulls where an offence
might have taken place. They have the power to
4. Dairy Lobby and beef exporters identify the owner and take action against him under
the Prevention of Cruelty to Animals Act. Each bull
Dairy lobby wants all native breeds to be eradicated.
is registered with the authorities, with photographs
Events like jallikattu throw a spanner in their plans
as well as the owner’s information. Every rule has
of creating commercial dairy farms with imported
some exceptions. We regulate to curtail the excep-
breeds just like in the West. Beef exporters also ben-
tions, but not to end the sport. The approach of the
efit from a ban on jallikattu and other events. Farm-
activists from day one has been to end jallikattu at
ers bring their cattle to be sold in weekly/monthly
any cost.
and annual shandies. Brokers will take the cattle
from the farmers and hold them to be displayed to
Conclusion
prospective buyers. Buyers fall into the following
categories: As per Article 48 of the Indian constitution the state
has to endeavour to preserve and improve the breeds
I. The jallikattu enthusiast who will buy the bulls and prevent slaughter of cows and calves and other
and male calves mostly draught and milk cattle.
II. Buyers of oxen for farming/transport
Guide
According to principles 1, 2 & 3 of the Convention
on Biological Diversity (CBD), to which India is a Expected Questions for IAS Mains
signatory state, livestock keepers are creators of
breeds and custodians of animal genetic resources Jallikattu
for food and agriculture. The livestock keepers and
• Jallikatu is not just a sport but is related to
the sustainable use of traditional breeds are depen-
socio-cultural as well as economic perspec-
dent on the conservation of their respective eco-
tive of people of Tamil Nadu. Discuss
systems. The traditional breeds represent collec-
tive property; they are the products of indigenous • For the executive to intervene and promul-
knowledge and the cultural expression of livestock gate an ordinance under pressure for Jal-
keepers. Keeping in mind the pros and cons of the likattu amount to disrespect to the judiciary
sport along with cultural and socio-economic bene- and due process. Critically examine this
fits, this event can be pursued in future. Nonethe- statement.
less, the proper adherence to any guidelines by the • The Jallikattu debate raises questions about
government to minimise violence, brutality and ac- the viability of judicial diktat in reforming tra-
cidents must be there. ditional practices and customs. Elucidate
India – UAE relations

Why in news? few years. Security cooperation has now become a
Shaikh Mohammad Bin Zayed Al Nahyan, Crown proportional component (alongside trade and invest-
Prince of Abu Dhabi and Deputy Supreme Com- ment) of the relationship. Signing of Comprehensive
mander of the UAE Armed Forces, was the chief Strategic Partnership Agreement shows that secu-
guest on India’s 68th Republic Day. Various agree- rity and stability of the region tops the chart in bilat-
ments were also signed between both countries on eral relations between both countries.
this occasion. Outcomes from a partnership of this nature, will es-
Change in political leadership in New Delhi provided tablish points of contact between security agencies
the much needed thrust to the dormant diplomatic to further improve operational cooperation. It will
corps of India. This has been evident from the ag- surely provide a boost for India in its counter-terror-
gressive push foreign relation received. Growing ism efforts. Another offshoot of this strategic part-
momentum and increase in warmth in India-UAE re- nership is that the UAE might be a bit more accom-
lations received a big push when Seikh of UAE came modating of India’s concerns about Kashmir in the
India on an official visit and was the guest of honour Gulf Cooperation Council (GCC) and the Organisation
for 26th January parade. India has used this oppor- of Islamic Cooperation (OIC).
tunity for major diplomatic gain as evident from the Earlier UAE was seen as a close friend of Pakistan
timeline of this event. Recent visit is in continuation and Dubai was the sanctuary of many of the terror
of August 2015 visit by Indian prime minister when accused in India. But now the things seem to have
PM Modi became the first Indian prime minister to changed in the favour of India. This is reflected in
visit the UAE in 34 years. This set in motion a chain the joint statements between the two countries.
of events that would broaden the bilateral relation Both have rejected extremism and any link between
beyond just a business relationship. religion and terrorism. The two countries have con-
demned efforts, including by State actors, to use
Two major take away from this religion to justify, support and sponsor terrorism
diplomatic event: against other countries. Both the countries have
A. Security also deplored efforts by countries to give religious
and sectarian colour to political issues and disputes,
Other than trade, investment and energy issue of including in West and South Asia, and use terrorism
“security” has become another common element of to pursue their aims.
discussion between the two countries over the past
Guide
India now has a very useful asset in the Gulf region, largest community in the country. Their annual remit-

in the form of a strong strategic partner i.e UAE. Its tance is estimated to be around 14 billion dollars. For
value can only be determined in the future but it India, the UAE is its third-largest trading partner af-
can certainly be said that India has opened a new ter China and the United States, and ahead of Saudi
avenue, which will balance and stabilise the power Arabia, the region’s largest economy. For the UAE,
structure of the region. India is its largest trading partner.
UAE and India will also be working together to crack Trade between the two countries stood at $50 billion
down on illegal money transfers that may have a in 2015. Indian exports of goods and commodities
bearing on militant activity in South Asia. Part of the are expected to surge to $100 billion, and two-way
understanding is also to establish dialogue between trade exchange to $160 billion by 2030. This would
their respective national security teams, who will make the UAE the largest-trade partner to India in
meet every six months to review the situation. The se- the world.
curity services of the two nations will establish points
The UAE is also the biggest Arab investor in India,
of contact to better coordinate intelligence sharing.
accounting for more than 80 per cent of investments
from Arab countries. Many UAE companies, like
B. Economic relation
Emaar Properties, Abu Dhabi Investment Authority,
At least 2.6 million Indians are present in UAE, con- the Abu Dhabi National Energy Company and DP
stituting 30% of total population, by far, the single World have undertaken considerable projects and
investments in the country, and have been operat-
ing there for a while. DP World, for instance, has in-
United Arab Emirate (UAE) vested billions and has become the largest container
terminal operator in India.
The United Arab Emirates, is a federal absolute Recent decision that the UAE to invest $75 billion in
monarchy in Western Asia at the southeast end India’s infrastructure sector over the long term will
of the Arabian Peninsula on the Persian Gulf, bor- be a massive boon to India, whose infrastructure has
dering Oman to the east and Saudi Arabia to the failed to keep up with the turbo-charged economic
south, as well as sharing maritime borders with growth the country has experienced over the past 15
Qatar to the west and Iran to the north. years.
The country is a federation of seven emirates, and
was established on December 2, 1971. The con- Synergy and cooperation
stituent emirates are Abu Dhabi (which serves Abu Dhabi talks about counter terrorism; and its sim-
as the capital), Ajman, Dubai, Fujairah, Ras al- ilar stand on Pakistan is a tectonic shift in its policy
Khaimah, Sharjah and Umm al-Quwain. Each emir- which will please world community in general and
ate is governed by an absolute monarch; together, India in particular. It is a logical and most prudent
they jointly form the Federal Supreme Council. One step by UAE leaving back infamous days when it
of the monarchs is selected as the President of the was one of three countries to recognise the Taliban
United Arab Emirates. Islam is the official religion regime. This is just a boon for India to get support
of the UAE and Arabic is the official language. from a Muslim majority gulf country in its initiative
The UAE’s economy is the most diversified in the against counter terrorism.
Gulf Cooperation Council, with its most populous The UAE has quietly supported the creation of mod-
city of Dubai is an important global city and an in- erate Islamic institutions such as the Muslim Council
ternational aviation hub. Nevertheless, the coun- of Elders, the Global Forum for Prompting Peace in
try remains principally reliant on its export of pe- Muslim Societies and the Sawab and Hedayah Cen-
troleum and natural gas. tres. The UAE has positioned itself as a fourth force
The UAE is criticised for its human rights record, in politics of the Sunni world distancing itself from
including the specific interpretations of Sharia the Wahhabism promoted by Saudi Arabia, anti-mo-
used in its legal system.The UAE’s rising interna- narchical conservatism of the Muslim Brotherhood
tional profile has led some analysts to identify it as and from radical Salafi groups supported by Turkey
a regional and middle power. and Qatar. For UAE that wants to emerge as cham-
pion of secularised Islam, India made more sense
than Pakistan.
Guide
Conclusion countries seem eager to reap maximum out of the
Paradigm shift in India-UAE ties was the hallmark opportunity to further expand bilateral ties as they
of Prime Minister Narendra Modi’s visit to the Emir- see growing synergies. If they succeed, it could be a
ates in August last year. On a similar note the visit of win-win situation for both.
Sheikh Mohammed bin Zayed Al Nahyan, the crown
prince of Abu Dhabi and deputy supreme commander Expected Questions for IAS Mains
of the armed forces of the UAE will provide ground
for deeper and cordial economic and geostrategic India UAE Relations
ties. UAE is lynch-pin of the economic, defence and • “Increase of warmth in India-UAE relations
strategic strands of the India’s coordinated strategy has potential to redefine power-balance in
to outreach west Asia. South Asia”. Critically examine.
This upward trajectory of bilateral ties between In- • Better Relationship between India-UAE is a win-
dia and the UAE is just the extension of India’s effort win opportunity for both countries. Discuss.
to get bigger footprint at world stage. For now, both
Rail Safety Issues

Why in news? The Indian Railways takes pride in its staggering
The following three tragedies in the short span of numbers: 7,083 stations, 1,31,205 bridges, 9,000
time have made Rail Safety a simmering issue: locomotives, 51,030 passenger coaches, 2,19,931
• At least 32 people were killed and over 100 were freight cars and 63,974 route kilometres – operat-
believed to be injured after nine coaches of Jag- ing 19,000 trains each day and transporting 2.65
dalpur-Bhubaneswar Hirakhand Express derailed million tons of freight and 23 million passengers.
in Vizianagaram district of Andhra Pradesh
• Fourteen coaches of Indore-Patna Express were
thrown off track at Pukhrayan, a town around 60 Reasons for Safety failures
km from Kanpur, killing more than 100. The following are some of the important factors re-
• Over 40 people have been injured after 15 sponsible for the rampant rail accidents in the country:
coaches of the Sealdah-Ajmer Express derailed
near Kanpur in Uttar Pradesh. 1. Lack of technological advancement
Lack of better technological know-how and its im-
Significance of Railways plementation at the ground level is one of the major
Indian Railways is one of the largest communica- problems with the Indian Railways. Despite being
tion networks in the world, criss-crossing the nation recommended by the Kakodkar committee in 2012,
from North to South and East to West. Indian Rail- railway is still far away from switching over from
ways is the life line of the nation. It is the cheapest ICF to Link Hofmann Busch (LHB) coaches. The LHB
mode of transportation having its effective pres- coaches have anti-climbing features which prevent
ence and penetration even in the hinterlands. How- the rolling stock from piling over each other in case of
ever, recent spurt in accidents and derailment of accidents, thus minimizing the number of casualties.
railway trains has put a serious question mark over In the backdrop of the recent accident, various ef-
the status of railway as a secure mode of transpor- forts underway to incorporate technology for main-
tation. tenance purpose must be accelerated for instance
introduction of eco-friendly bio toilets will not just
Guide
be good for hygiene but also for the safety of In- matters pertaining to safety of rail travel and train

dian Railways. As the Kakodkar committee has also operation and is charged with certain statutory func-
stated that the direct discharge of human waste tions as laid down in the Railways Act (1989), which
“has several serious safety implications arising out are of an inspectorial, investigatory and advisory na-
of corrosion of rails and related hardware as well as ture. The office of the chief commissioner of railway
poor maintenance of under carriage equipment due safety (CCRS) draws perks, allowances and benefits
to inhuman unhygienic conditions.” from the railways ministry, while its reports/recom-
mendations are liable to be and have often been -
2. Shortage of fund and dearth of human re- rejected or over-ruled by the railway board.
source
The present organizational setup is an example of
The Indian Railways is grappling with manpower the overall institutional disregard to the concept
shortages. There are 1,42,311 posts lying vacant in of safety. The Chairman Railway Board (CRB) is re-
the safety category only. No clear cut policy is avail- quired to fulfil dual roles as a principal secretary to
able for regularly filling up pilling vacancies. the central government and as the chief executive
Railway is marred with severe financial constraints. officer of a business organization.
This is also a roadblock in any effort needed for mit- 5. No accountability at the higher level
igating the disaster and havoc caused by accidents.
The amended Railway Act of 1989 insulates grade-A
The steep increase in the working expenses of the
or class-1 officers from any kind of accountability
Railways resulted in failure to generate investible
in train accidents. Unfortunately only grade-C em-
surpluses. The railways had to even resort to draw-
ployees have been empowered to provide safety
ing down from the balances of the Depreciation
certification of tracks and coaches. This has led to
Reserve Fund (DRF) to enable minimal plan outlays.
situation where grade-C employees are compelled
Depreciation Reserve Fund (DRF) is the fund that
by superiors to compromise the routine safety drills
contains the money for renewal of over aged assets.
because of pressure to achieve the organization’s
Consequently, there was an accumulation of over-
business objectives. As a result, only grade-C em-
aged assets awaiting renewals.
ployees are held accountable for and are punished
In the wake of this, the Railway Safety Review Com- for the mishaps.
mittee has recommended that the grant of 1, 00,000
6. Political Compulsion
crores to the Railways for wiping out the accumu-
lated arrears of the replacement and renewals of the The political compulsions are so strong that the pas-
safety related assets. This is yet to be implemented. senger tariffs are kept ridiculously low while new
trains are constantly introduced, burdening the track
3. Up gradation of human resource infrastructure to unbearable levels. The low tariffs
115 of 131 train accidents in 2014-15 were attributed do not allow the passenger railways to recoup its
on account of human failure. Overdependence on an losses and the resources available to enhance safety
army of ill-trained trackmen for the maintenance of mechanisms remain minimal.
track infrastructure is costing Indian railway dearly. The political incentives also come in the way of re-
There is no clear policy guidelines laid down for moving human encroachments on railway infrastruc-
maintenance protocol. Problem is aggravated by the ture—another source of casualties
fact that personnel responsible for maintenance are
poorly equipped by technology and training.
4. Illogical organisational setup Recommendations of Anil Kakodkar
The organizational set-up of the Indian Railways is committee (2012) on railway safety
also not upgraded to prioritize safety concerns. The The key observations and recommendations of the
Kakodkar committee was right in pointing out that Committee are listed below:
all departments in the Indian Railways are respon-
sible for the safety. Ironically, safety is nobody’s re- 1. The Committee said that the ‘present environ-
sponsibility in particular. ment on Indian Railways reveals a grim picture
of inadequate performance’ largely due to poor
The Commission of Railway Safety, working under infrastructure and resources, and lack of empow-
the administrative control of the Ministry of Civil erment at the functional level.
Aviation of the Government of India, deals with
Guide
mends that a Railway Research and Development
Rail Safety Committees Council (RRDC) be set up directly under the gov-
ernment.
A railway safety committee is a common feature
which follows any major rail accident. But imple- 4. The Committee recommends the adoption of an
mentation of any major recommendation to bring Advanced Signalling System (akin to the Euro-
any quality change on the ground has never been pean Train Control System) for the entire trunk
materialised. Followings are the major reports by route length of 19,000 km within 5 years.
rail safety committees gathering dust on bureau- 5. All Level Crossings (both manned and unmanned)
cratic table. should be eliminated over five years.
1954: Justice Shahnawaz Committee suggested 6. The Committee also recommends a switch over
policy reforms to ensure centrality of safety in op- from the ICF design coaches to the much safer
erations. STATUS: Not implemented LHB design coaches.
1962: Justice Kunzru committee recommended Conclusion

separation of cadres of diesel and electric loco pi-
lots. STATUS: Not implemented When the world is moving towards public transport
as a result of increasing environmental concern,
1968: Justice Wanchoo committee also suggested Railways must try to shed away the dubious distinc-
separation of cadres of diesel and electric loco pi- tion of insecure mode of transportation. No amount
lots. STATUS: Not implemented of modernisation will help until and unless the com-
1978: Justice Sikri committee recommended infu- muters are secured and satisfied. Every effort should
sion of funds to ensure safety. STATUS: The sug- be made to take away railways from its darker older
gestions of the panel were not implemented days; a proactive and prudent approach is the re-
quired that sets the safety of the commuters as the
1998: Justice HR Khanna committee STATUS: 169 topmost priority.
of 278 suggestions accepted, 70 partially ac-
cepted. Key suggestion for safety regulator
not accepted Important facts about Rail
2001: Justice Sagir Ahmed panel set up to look Security:
into Howrah-Amritsar Mail accident STATUS:
Still under consideration • In the 6-year period between 2009-10 and
2014-15, there were a total of 803 accidents in
2004: Justice GC Garg panel set up to look into Indian Railways killing 620 people and injuring
Golden Temple Mail and Sealdah Express accident 1855 people. 47% of these accidents were due
STATUS: Still under consideration to derailment of trains.
2012: Safety review committee headed by Anil • The trains of the Indian Railways are clock-
Kakodkar STATUS: 68 of 106 recommenda- ing more passenger kilometres each year.
tions accepted, 19 partially accepted, 19 From 2.08lakh million kilometres in 1980-81,
rejected. Only 27 suggestions implemented. the number of passenger kilometers reached
11.47lakh million kilometres in 2014-15.
• A train accident per million kilometers run is an
2. There is need for an independent mechanism for important parameter to understand the occur-
safety regulation. The Committee recommended rence of accidents. From 0.17 in 2009-10, it has
the creation of a statutory Railway Safety Author- come to down to 0.10 in 2013-14, a reduction of
ity with enough powers to have a safety oversight over 40% in 5 years. But it again increased to
on the operational mode of Railways. 0.11 in 2014-15.
3. The Research Design and Standards Organization • In the 6-year period between 2009-10 and 2014-
(RDSO), the apex technical wing of the Railways, 15, human failure has caused more than 86% of
is highly constrained. This hampers the ability of the total accidents. Out of this, 41% accidents
the system to internalize emerging technologies. were caused due to the failure of railway staff
The Committee recommended restructuring of and the rest due to the failure of others. Equip-
RDSO for greater empowerment. It also recom- ment failure caused only 2.2% of the accidents.
Guide

Expected Questions for IAS Mains
Railway Safety
• Accidents and security failures in Indian Railways are not isolated events but the result of a combina-
tion of causes. Discuss. Also suggest measures to enhance passenger’s safety in the Railways.
• Managing safety in a huge transport organisation like Indian Railways cannot be based on knee-jerk
reactions and dramatic gestures. Elucidate.
Problems of Indian Security Apparatus

Why in News? 3. Armed forces
Recently various videos have been uploaded by Armed forces comprises of Army, Air force, and
members of army, police and paramilitary on social Navy. It comes under the command of Ministry of
media platform voicing their grievances. Defence. President of India is the supreme com-
mander of armed forces.
Current Security Setup of India While media regularly uses the word paramilitary in
1. State police their reporting, there is difference between central
“Law and order” is a matter of subject list and it armed police force and paramilitary. India has only
is maintained exclusively by state police. Each state three paramilitary forces as per the official definition
and territory has a state police force, headed by the by government of India.
Commissioner of Police (State) or Director General
Paramilitary Forces Central Armed Police
of Police (DGP) who is an Indian Police Service offi-
cer. The state police is responsible for maintaining Their chief is a military Their Director General
law and order in townships of the state and the rural officer is an IPS officer
areas.
Assam Rifles, SFF, CRPF, ITBP, BSF, SSB,
In addition to the state police, major cities have their Coast guard CISF
own police force called Metropolitan Police which
is quite similar to other normal police forces except Problems with Central Armed Police
their different rank designations; e.g., DGP is called
Force
as Commissioner of Police (State) in a state with
Metropolitan Police. 1. High attrition rate: Resignation and voluntary
retirement led to high attrition rate in armed
2. Central police forces. This can be because of tough working
The Central Armed Police Forces (CAPF) refers to conditions under which armed forces carry on
uniform nomenclature of five security forces in In- their duty. More than 16 thousands have left in
dia under the authority of Ministry of Home Affairs. last 3 years. This creates shortage of man power
They are the Border Security Force (BSF), Central Re- thus increasing the workload on the force.
serve Police Force (CRPF), Central Industrial Security 2. Tough Working Conditions: Though armed
Force (CISF), Indo-Tibetan Border Police (ITBP), and forces require tough working condition but some-
Sashastra Seema Bal (SSB). times it goes beyond normal humans’ capacity.
Other than these five, Assam rifles (AR) and National 15-18 hours continuous duty is very much com-
Security Guard (NSG) also comes under the purview mon in armed forces. Even proper facility is not
of Ministry of Home Affairs. provided during duty time.
Guide
3. Suicides and “Fratricide”: High frustration 6. Corruption issue is not new to armed forces. Sup-
rate is the reason jawans are killing their own ply corps is always blamed for indulging in cor-
colleagues and seniors. More than 400 personnel rupt practices while providing tender for ration.
died in last 5 years due to suicide and fratricide. This is one of the main reason for low quality of
4. Top posts in the Central Police Forces are manned ration supplied to the forces.
by the IPS officers, who don’t understand the 7. Armed forces in general and army in particular is
plight of the force. Majority of these officers at facing serious crunch in officers cadre. This has
the top level consider this as a time pass short caused various instances of ugly faceoff between
stint. There is no cadre loyalty. officers and PBOR.
5. There is no family accommodation at posting ar-
eas. Even education, healthcare, water and elec- Way Ahead
tricity are erratic in their government quarters. The transfers, postings, perks and other benefits like
There is no concept of peace posting and the holidays to the jawans must be given in a transpar-
break in duty. 80% of the personnel never get to ent and accountable manner. The scope of discretion
live with their family during entire posting. in the hands of the officers must be minimized using
6. Career promotion system not as smoothly orga- the technology and other modern day tools. Except in
nized as in army. The officers in Central Police the case of contingencies the working hours of the
forces don’t get same pay and perks like others in jawans should be fixed on case to case basis. The
“Organized” Group-A central services. disparities between the Armed forces and paramil-
7. There is no hardship allowance or risk allowance itary forces at-least in monetary benefits must get
facility for central armed forces as given to army. reduced. The recommendations of the seventh pay
Even when transferred, they don’t get transfer al- commission must be implemented without further
lowance. Working conditions of armed forces are delay.
very brutal and risky. For example- CRPF working Proper grievance redressing mechanism with prompt
condition in naxal areas is one of the toughest in solution is the need of hour so that social media is
the country. Still there is no pay parity with re- not used as a platform for making the system listen
spect to army. and respond to them. Armed forces must also adhere
to a zero tolerance policy towards the corruption. At-
Issues with Army tempt must be made with proper consultation of all
1. Modern Weapons: Presently used indigenous the stakeholders to improve the standard and work-
INSAS rifles has various inbuilt issues like blocking environment of the PBOR ranks jawans, so that
ing, braking of body parts, magazine jams. There they don’t feel marginalised in their own system.
is no end to problems that this weapon has. There
The colonial legacy and “Yes Boss” culture with deep
is urgent need of international standard state of
cleavages in all realms between officers and jawans
art assault rifle.
must give the way to open culture. Officers must be
2. Bullet Proofs equipment: Third largest stand- made more sensitive towards their units and jawans
ing army of the world didn’t have adequate Bullet and must no indulge in favouritism and nepotism.
Proof protection for its soldiers. The older ones
are immensely heavy and cause lot of exhaustion Conclusion
during patrols in jungles and climbing mountains.
This leads to lack of focus and alertness. We really Morale and discipline are two essential prerequi-
need light weight good equipment for every soldier. sites for any force. Situation is grave as use of social
media to vent up anger and grievances is glaring ex-
4. Rations: Army marches on it’s belly isn’t taken
ample of loss of discipline as well as command and
too seriously. We need good quality, nutritious
control. On the other hand existing problems damp-
and better packed food for long operations.
ens the morale of ground soldiers who are putting
5. Buddy system or sahayak:-Prevalence of buddy even their life at risk in the service of nation. The
system is nothing but a reflection of colonial leg- colonial legacy and the wide gap between the offi-
acy. Though its need cannot be disregarded in cers and jawans must be replaced by a transparent
army fraternity but use of trained soldiers for and open culture however keeping the discipline and
daily chores of officers is nothing but a rampant control intact.
violation of human rights.
Guide

Security Apparatus
• Social Media is not the appropriate platform for grievance redressal but there should be sufficient
platforms to address the issues of the armed forces in the country. Discuss.
• Do you agree that colonial legacy is still prevalent in esteemed institution like army and other armed
forces? In this context, discuss the problems of armed forces and suggest measures to address the
same.
• There are no objective criteria for deciding merit at the senior levels of the Army brass besides previous
annual confidential reports and civilian considerations, both of which are subjective. Discuss
Supreme Court’s verdict on Ordinance

making power
Why in news? An Ordinance may relate to any subject that the Par-
• Recent past has witnessed a spurt in ordinance liament has the power to legislate on. Conversely,
promulgation by the executive. The political it has the same limitations as the Parliament to
thinkers consider this as a destructive trend in legislate, given the distribution of powers between
parliamentary democracy. the Union, State and Concurrent Lists. Thus, the fol-
lowing limitations exist with regard to the Ordinance
• Also, in a recent judgement Supreme Court held making power of the executive:
that the satisfaction of the President would not
be immune from judicial review on matters per- i. Legislature is not in session: The President
taining to promulgation of ordinance. can only promulgate an Ordinance when either of
the two Houses of Parliament is not in session.
What is ordinance? ii. Immediate action is required: The President
Indian polity is based on the ethos of “balance of cannot promulgate an Ordinance unless he is sat-
power” and “checks and balances”. In India, the isfied that there are circumstances that require
central and state legislatures are responsible for taking ‘immediate action’.
law making, the central and state governments are iii. Parliamentary approval during session: Or-
responsible for the implementation of laws and the dinances must be approved by Parliament within
judiciary (Supreme Court, High Courts and lower six weeks of reassembling or they shall cease
courts) interprets these laws. to operate. They will also cease to operate in
case resolutions disapproving the Ordinance are
However, there are several overlaps in the functions
passed by both the Houses.
and powers of these three organs. For example, the
President has certain legislative and judicial func- iv. Constitution cannot be amended through
tions and the legislature can delegate some of its ordinance: Just as the President of India is con-
functions to the executive in the form of subordinate stitutionally mandated to issue Ordinances under
legislation. Ordinance is one such example. Article 123, the Governor of a state can issue
Ordinances under Article 213, when the state
Ordinance or “legislative power of president” is a legislative assembly (or either of the two Houses
temporary law that is promulgated by the President in states with bicameral legislatures) is not in
of India on the recommendation of the Union Cab- session. The powers of the President and the
inet when Parliament is not in session. Motive be- Governor are broadly comparable with respect to
hind promulgation of ordinance is to deal with any Ordinance making. However, the Governor cannot
unforeseen or urgent legislative necessities.
Guide
issue an Ordinance without instructions from the However in 1978 by 44th Constitutional Amend-
President in following three cases where the as- ment Act parliament deleted clause (4) inserted
sent of the President would have been required to by the 38th Constitutional Amendment Act
pass a similar Bill. 3. In AK Roy vs. Union of India (1982) the Court
(a) If a Bill containing the same provisions would held that the President’s Ordinance making power
have required the previous sanction of the is not beyond the scope of judicial review. How-
President for introduction into the legislature; ever, need to exercise judicial review over the
(b) If the Governor would have deemed it nec- President’s decision arises only when there exits
essary to reserve a Bill containing the same substantial grounds to challenge the decision,
provisions for the consideration of the Presi- and not at “every casual and passing challenge”.
dent; and 4. In T Venkata Reddy vs. State of Andhra Pradesh
(c) If an Act of the legislature containing the (1985), the Court affirmed that the Ordinance
same provisions would have been invalid un- making power of the President and the Gover-
less it received the assent of the President. nor was a legislative power, comparable to the
legislative power of the Parliament and state
Issue of re-promulgation legislatures respectively. So the motives behind
the exercise of ordinance making power cannot
Re-promulgation of Ordinance is nothing but a clever be questioned, just as in the case of legislation
and vicious design to bypass any legislative scrutiny. by the Parliament and state legislatures.
Re-promulgation is all about continuation of legisla-
5. It was held by the court in DC Wadhwa vs.
tion in the form of ordinance without even tabling it
State of Bihar (1987) that the legislative power
on the floor of legislature. It is a fraud on part of con-
of the executive to promulgate Ordinances is to
stitution and encroachment by executive in domain
be used only in exceptional circumstances and
of legislative.
not as a substitute for the law making power
of the legislature. Further, The Supreme Court
Validity of ordinance making power:
also held that if Ordinance making was made a
Judicial Scrutiny usual practice, creating an ‘Ordinance raj’ the
There has been significant debate with reference to courts have power to strike down re-promul-
the Ordinance making power of the President (and gated Ordinances.
Governor). Constitutionally, important issues that Re promulgation of ordinance for 256 times with-
have been raised include judicial review of the Ordi- out any legislative scrutiny was held as “sub-
nance making powers of the executive; the necessity version of democratic process” and “colourable
for ‘immediate action’ while promulgating an Ordi- exercise of powers” and it amounts to a fraud on
nance; and the granting of Ordinance making powers part of constitution.
to the executive, given the principle of separation of
6. In B.A. Hasanabha v State of Karnataka (1998) ,
powers.
the Karnataka high Court observed “ An ordinance
Below is the judicial historical overview on the evo- unlike an Act is required to be very carefully scru-
lution of Ordinance making powers of the executive tinised by a court if it is challenged because an
in India post-Independence. Ordinance is an unfettered , unbridled power to
1. In RC Cooper vs. Union of India (1970) the promulgate provisions which have the effect of
Supreme Court, while examining the constitu- law without their going through the constitution-
tionality of the Banking Companies (Acquisition ally prescribed process”.
of Undertakings) Ordinance, 1969 which sought 7. On 2 January 2017, in Krishna Kumar Singh and
to nationalise 14 of India’s largest commercial others v State of Bihar, Seven judge constitu-
banks, held that the President’s decision cannot tional bench of Supreme Court in its judgement
be challenged on the grounds that ‘immediate ac- (6:1) held that ordinances cannot be promulgated
tion’ was not required. repeatedly without being placed before the legis-
2. In 1975 by 38th Constitutional Amendment Act lature. “The satisfaction of the President would
parliament inserted a new clause (4) in Article not be immune from judicial review and the court
123 stating that the President’s satisfaction while in this exercise would not have to determine the
promulgating an Ordinance is final and could not sufficiency or adequacy of the material,” the SC
be questioned in any court of law on any ground. said.
Guide
The apex court held that Bihar’s ordinance and the

Escaping parliamentary scrutiny and taking a by-
subsequent re promulgation are “a fraud on the con-
pass-route is just a subversion of power of legisla-
stitutional power”.
ture by executive. Parliamentary form of democracy
requires parliament as the sole legislative body. Any
Analysis of Ordinance attempt to dilute and tone down power of parlia-
The rule of law and separation of power constitute ment is not only a fraud on part of constitution but
the core of Indian constitutionality. It is the essence of also an attempt to bluff the faith reposed by citizens
rule of law that the exercise of the power by the state, in parliament.
whether by legislature or the executive or any author-
Deep analysis shows that party not with majority in
ity should be within the constitutional limitations.
upper house generally take the ordinance route for
However, recent trend of issuing ordinance and re legislation. It is clear-cut diminishing of value and
promulgation is nothing but an evil design to es- use of upper house.
cape parliamentary scrutiny, which goes completely
Finally, tools given to be used in contingencies if
against the ethos of Indian constitution. Colourable
used on regular basis diminishes both value of tool
exercise of power by the executive under the guise
and institution using it. So, every attempt must be
of ordinance is escape from parliamentary account-
made to uphold the ethos of constitution of India in
ability.
all circumstances and any attempt to bypass it must
be avoided.
Ordinances
• In the judgement of Krishna Kumar Singh and others V State of Bihar, the Supreme Court has tried to
uphold the supremacy of constitutionalism in India. Discuss.
• Discuss the importance of Ordinance promulgating power of Executive in parliamentary democracy like
India. Trace the judicial scrutiny on this power since independence.
Naga Peace Accord

Why in the news? Historical perspective:
The Naga peace accord was once again in the news The north-eastern states of India, also famously
because of Manipur blockade. Recently, the Naga known as “gateway to the east” has been wit-
people blocked the transportation service and other nessing insurgency violence since a long time. The
essential services supply to the Manipur. This was timeline of violence goes back into British colonial
done against the Manipur government’s move to days when the insurgency started as a resistance
form new districts in the state of Manipur. The Naga to the British state invasion into unique cultural and
people in and around the state, have been demand- social identity of these states of India. However, in
ing a political-unification of Naga inhabiting regions post- independence era the violence became inten-
since a long time. Though a peaceful political solu- sified and continued unabated till recently when the
tion-‘Naga Peace Accord’ was agreed upon by Union government concluded various peace accords
all stakeholders including insurgent groups, but this with several militia groups in 1990s.
blockade have once again brought in the complexity
Among these peace accords, ‘Nagaland Peace
of the Naga issue at the forefront.
Accord’ is the most significant one. It was signed
Guide
in August 2015 by the Government of India and the
National Socialist Council of Nagaland (NSCN) to Pan-Naga Council: A unique

end the insurgency. And to be integrated within the attempt to resolve issues
constitutional framework of India.
The Naga peace accord devised an unique admin-
A background specific to istrative structure- ‘Pan Naga Council (PNC)’ to
address the cultural and social concerns of Naga
Nagaland insurgency problem:
people inhabiting the land of north-east of India.
The roots of insurgency problem lie in the demand This council would be an elected body of represen-
of “Greater Nagalim”- a separate state within tatives elected across the Naga inhabiting areas
republic of India, by the insurgent groups, most including the states of Asom, Arunachal Pradesh
prominently National Socialist Council of Nagaland and Manipur. This council would be responsible
(NSCN Nagaland. A “Greater Nagalim” comprising for taking care of Naga cultural and social con-
“all contiguous Naga-inhabited areas”, along with cerns. Therefore, PNC is expected to integrate
Nagaland. That included several districts of As- Nagas politically, culturally and socially without
sam, Arunachal and Manipur, as also a large tract tapering the territorial integration of the state of
of Myanmar. The map of “Greater Nagalim” has Nagaland as well as other states.
about 1,20,000 sq km, while the state of Nagaland Unlike previous attempts, in this ‘Naga peace
consists of 16,527 sq km. The claims have always accord’, the government has taken into account
kept Assam, Manipur and Arunachal Pradesh wary of views of all stakeholders including Naga civil
of a peace settlement that might affect their terri- society, Naga student’s councils, NGOs and oth-
tories. The Nagaland Assembly has endorsed the ers. Thus, the accord is likely to be succeed more
‘Greater Nagalim’ demand — “Integration of all effectively than its predecessors since it has more
Naga-inhabited contiguous areas under one ad- widened public support.
ministrative umbrella” — as many as five times:
in December 1964, August 1970, September 1994,
December 2003 and as recently as on July 27, 2015.
• Territorial, Political and cultural integration
of Naga-inhabited regions: Nagas are not a
Issues involved in the ‘Nagaland Peace large group population-wise. However, they have
Accord’: rich and distinct cultural and social institutions in
The Nagaland insurgent groups- National Socialist which they take enormous pride. With a view to
Council of Nagaland (NSCN) and others have demands safeguard their cultural and social identity, they
which essentially has two dimensions, namely- have been fighting for territorial, political, cultural
and social integration of all Naga-inhabited re-
• Political status to Nagas: The Naga Movement
gions within the Nagaland state as well as neigh-
is premised on the belief that Nagas are not Indi-
boring states of Asom, Arunachal Pradesh and
ans and hence through no means whatsoever they
Manipur.
could be assimilated into the republic of India. Ear-
lier, they even sought for complete independence
from the state of India and they demanded for a
How the ‘Naga Peace Accord’ attempts
sovereign state- ‘Greater Nagalim’. However, due to address these two demands?
course of time they softened their stand and now ‘Naga Peace Accord’ is not a paradigm shift in
their demands are very much confined within the Naga problem. Earlier, the ‘Naga-Akbar Hydari
constitutional framework of republic of India. In Accord’ in 1947and later Shillong Accord in 1963
recently concluded ‘Naga Accord-2015’, National attempted to resolve the problems through mutual
Socialist Council of Nagaland (NSCN) even ac- negotiations. However though they did not solve
cepted the Constitutional supremacy. However, the issue completely, they certainly helped peace to
they sought a independent state with incorporat- prevail in the region. The broad lines of negotiations
ing territorial region of other neighboring states. ultimately culminated as the ceasefire agreement in
They also sought to re-negotiate the federal rela- 1997.
tionship of Nagaland with that of the union with
more powers vesting in the state administrative
domain.
Guide
The newly concluded ‘Naga peace accord’ recog- be a challenge to be agreed on the distribution

nized the Naga’s demands of political status. The and rights on mineral resources. Management of
union admitting agreed to give greater autonomy in natural resources had already been a major prob-
asserting political rights to the Nagas. However the lem in federal relationship of the union with that
union government outrightly rejected scope of any of the state of Nagaland.
geographical integration of Naga-inhabited regions.
Instead, the union government devised a unique ad- Conclusion
ministrative structure outside the sixth schedule of The ‘Naga Peace Accord’ is, of course, a step in the
the Indian constitution to provide a credential safe- right direction. However, all stakeholders need to be
guard to Naga cultural, social and political identity. more concerned about the implementation of the ac-
cord in true spirit. There has been stories of non-im-
Challenges in implementation of ‘Naga plementation of negotiations concluded earlier also.
Peace Accord (NPA)’ Therefore, this opportunity needs to be seized with
• Constitutional framework: There are already a the adoption of appropriate mechanism so that early
number of constitutional provisions for e.g.: Sixth implementation of the accord could be possible.
schedule etc. governing this region. In such sce- The political dispensation in the state as well at the
nario, there is likelihood of collision of various union, need to do away with any political gimmick
statutory and constitutional provisions in context that may hamper the progress made on this accord.
of governance of the region. Hence, this pose a sig- Also, along the negotiations, the union government
nificant challenge to operate all provisions of the needs to be sensitive about security concerns de-
accord in the true spirit of Indian constitution. veloping in the state and should devise appropriate
counter-planning measures so that national security
• Federal relationship: Since the accord agreed concerns could be kept at bay.
to re-negotiate the federal relationship, it would
CBI: Issues and Challenges

Why in News? of bribery and corruption by Central Government
The Supreme Court has recently set up a special employees. The DSPE acquired its popular current
investigation team led by newly-appointed CBI di- name, Central Bureau of Investigation (CBI), through
rector Alok Kumar Verma to probe allegations that a Home Ministry resolution dated 1.4.1963. The ju-
former agency chief Ranjit Sinha had met several risdiction of the SPE extended to all the Union Terri-
persons accused in the coal block-allocation contro- tories and could be extended also to the States with
versy to scuttle the case. Once again the issues like the consent of the State Government concerned.
corruption, nepotism and political interference has
come to the surface in context to the prime investi- Areas of operations
gating agency. Anti-Corruption: CBI investigates corruption and
fraud committed by public servants of all Central
What is CENTRAL BUREAU OF Govt. Departments, Central Public Sector Undertak-
INVESTIGATION? ings and Central Financial Institutions.
Central Bureau of Investigation is the prime inves- Economic Crimes: CBI investigates crimes such as
tigative agency of India. It was not established via bank frauds, financial frauds, Import Export & For-
any act of the parliament, yet it derives its power eign Exchange violations, large-scale smuggling of
of investigation from the Delhi Special Police Estab- narcotics, antiques, cultural property and smuggling
lishment Act 1946. of other contraband items etc.
It was first set up as Special Police Establishment Special Crimes: Under special crimes, CBI handles
(SPE). After independence, the Delhi Special Police cases such as terrorism, bomb blasts, sensational
Establishment Act was enacted which retained it as homicides, kidnapping for ransom and crimes com-
a Central Government agency to investigate cases mitted by the mafia/the underworld.
Guide
It is the nodal police agency in India to coordinate 4. Political Interference
with Interpol. It investigates those crimes which may It is the political overtone of CBI that determines the
have interstate and international ramifications. modus operandi and pace of investigation. Serving
the political masters rather than being truthful to
Organisation structure their own service has diminished the credentials of
CBI comes under the control of Department of Per- the whole institution. It is always seen that political
sonnel and Training in the Ministry of Personnel, leverage is the focal point in determining the posting
Public Grievances and Pension. The CBI is headed of officers in agency rather than calibre and efficiency.
by a Director, an IPS officer with a rank of Director 5. Exemption from RTI
General of Police. The director is selected based on
CBI is exempted from the provisions of the Right to
the CVC Act 2003, and has a two-year term.
Information Act on the ground of national security.
It was criticized by the Central Information Commis-
Issues with CBI
sion and RTI activists, who said the blanket exemp-
1. High Acquittal rate tion is complete violation of the letter and intent of
Efficacy of any investigative agency is quantified the RTI Act.
only on the yardstick of conviction rate. High acquit-
6. Issue Regarding Autonomy to CBI
tal rate not only dent the credibility of calibre of in-
vestigative agency but also dampens the morale of The issue regarding granting of autonomy to CBI has
the institution. always crated noise but no serious attempt is pur-
sued in this regard. Revelation made by the agency
Since 2006, CBI probed over 7,000 cases, of which itself in apex court regarding tampering of report by
trial has been completed in 6,533. About 4,054 cases political masters has drawn the ire of court in the
(68%) ended in conviction of the accused under the form of realistic adjective i.e “caged parrot that has
Prevention of Corruption Act, 1988, while 2,095 many masters”.
(32%) ended in acquittal.
About one third of cases investigated by CBI results in Strengthening the autonomy of CBI:
acquittal, this may looks decent against national stan- CBI has time and again made the following demands
dard but is surely not enough to put premier investi- for its functional, administrative and financial auton-
gative agency of the country among the best in the omy:
business. Various reasons can be attributed to this,
• Vesting its Director with the powers of ex-officio
and leniency in investigation is surely one of them.
Secretary to the Govt of India so that Director has
2. Lack of skilled human resource to directly report to the Minister of Personnel and
Lack of skilled human resource is one of the factors hence reducing the hassles faced by CBI in go-
which act as hindrance in CBI growth as a dedicated ing through DoPT for even basic administrative
professional agency. There is no institutionalised issues.
cadre of its own. Officers come from IPS and IRS • CBI has also asked for complete authority for its
cadre on deputation basis, and they are also not director to appoint public prosecutor in cases in-
familiarised with nuances of investigation. Need vestigated by the agency. This will give it greater
of the hour is to provide a dedicated skilled human autonomy in politically sensitive investigations.
resource with timely up gradation in skills, to make So far, public prosecutors have been appointed
this agency a force to reckon with. by Ministry of Law and Justice.
3. Corruption charges • Three-year tenure for its Director as opposed to
Nothing can be more sarcastic than the corruption the current two-year tenure
charges levelled against the erstwhile Director of • At present, the CBI has to depend on DoPT for
premier agency investigating that has the mandate its major financial needs. It receives less than the
to investigate the corruption charges on others. fund required for its expenses for investigations,
Nothing can cause more dent in the credibility of CBI training, etc. According to official sources, the
than these allegations of corruption charges. Every government has agreed to grant financial powers
attempt must be made to have the house in order to the CBI director equivalent to those enjoyed by
by strict code of conduct, zero tolerance policy and Director Generals of various paramilitary forces.
prosecution of the involved.
Guide
Current status superintendence and interference in its investigation

The government has been considering over introduc- work is no doubt very thin but it must be clear.
tion of a bill to amend the DSPE Act, 1946 to give CBI should remain only accountable to law and to
more powers and autonomy to CBI. Some provisions law alone. Total autonomy seems to be a distant
for grant of autonomy are also expected to be no- dream for CBI as of now. It will certainly require
tified through executive orders. In recent instance, great political will to unleash the political leverage
CBI was given some financial autonomy. The director enjoyed by party in power.
will be free to appoint consultants and employ peo-
Need of the hour is a new CBI Act to substitute the
ple on contract. The CBI director has been given the
archaic Delhi Special Police Establishment Act , with
rank of Secretary to the Government of India, and
clear cut demarcation of the role, jurisdiction and le-
will, in effect, now be allowed to handle India’s pre-
gal powers of the agency. Making CBI come under RTI
mier investigating agency autonomously.
purview along with proper management of spill over
effect will not only make CBI more accountable but will
Conclusion
help in tackling the evil of corruption existing in agency.
Autonomy to any investigative agency is sine qua non
for maintaining its impartiality, both in functioning and Let’s hope rationality and prudence prevail over the
investigation. Autonomy for the CBI means the freedom political leadership and they gain the inner strength
to investigate crime freely without any interference or for this. Only then we can have a truly efficient and
meddling, while it remains under the administrative accountable investigative agency to deal with any
control of the government of the day. The line between circumstances.
Autonomy of RBI
Why in News? • As Monetary Authority of India RBI formulates
There have been allegations that the crucial decision implements and monitors the monetary policy
of demonetization was unilaterally taken by the gov- with objective of maintaining price stability and
ernment. It is alleged that the RBI was deliberately ensuring adequate flow of credit to productive
surpassed on a significant issue related to the mon- sectors.
etary policy, although the monetary policy comes un- • It acts as regulator and supervisor of the financial
der the sole purview of the RBI. Thus the autonomy system by prescribing broad parameters of bank-
of RBI has become an issue for debate. ing operations within which the country’s bank-
ing and financial system functions. This helps
Reserve Bank of India in maintaining public confidence in the system,
protect depositors’ interest and provide cost-ef-
The Reserve Bank of India was established on April
fective banking services to the public.
1, 1935 in accordance with the provisions of the Re-
serve Bank of India Act, 1934. It was originally pri- • RBI is the exclusive manager of Foreign Exchange
vately owned, but since its nationalisation in 1949, in India as per the provisions of Foreign Exchange
the RBI is fully owned by the Government of India. Management Act, 1999. ITS objective is to facil-
itate external trade and payment and promote
Main Functions orderly development and maintenance of foreign
exchange market in India.
The Preamble of the Reserve Bank of India describes
• RBI issues and exchanges or destroys currency
the basic functions of the Reserve Bank as”...to
and coins not fit for circulation to give the public
regulate the issue of Bank Notes and keeping of
adequate quantity of supplies of currency notes
reserves with a view to securing monetary stability
and coins and in good quality.
in India and generally to operate the currency and
credit system of the country to its advantage.”
Guide
• RBI is Banker to the Government as it performs Autonomy and Accountability
merchant banking function for the central and the Autonomy and accountability are two important
state governments. pillars that the institutions in a democracy must ad-
• RBI is Banker to banks as it maintains banking here to. RBI must be accountable to the goals, man-
accounts of all scheduled banks. date and framework that have been assigned to it
through the Act of Parliament. However, the political
Issue of autonomy intervention in the decision making and day to day
Relations between central banks and governments activities are against the ethos of the institutional
have never been easy anywhere. India is no excep- autonomy and the parliamentary democracy.
tion. Autonomy of RBI has always been in news due
to overlapping of its function with Finance minis- Conclusion
try. Monetary policy is the exclusive prerogative of Hitherto, RBI has been an epitome of efficiency and
RBI. However difference of opinion regarding steps independence that has been built up over decades by
to be taken has always been a bone of contention the strenuous effort of its staff and judicious policy
between these two. Involvement of executive in making. Dilution of this image for short term political
regular functioning RBI diminishes the authority and goal will not serve any purpose. Synchronisation of
autonomy of central Bank. decision making by both RBI and central government
Recent move of demonetisation with secrecy cir- is prerequisite for betterment of economy.
cumscribing the decision taken has flared up this It must also be remembered that consultations be-
issue once again. Did government imposed its deci- tween the government and the RBI on various matters
sion of demonetization on the RBI and treated it like of public importance wherever such consultation is
a rubber stamp? This issue needs to be seen on a mandated by law or has evolved as a practice should
broader context of the relationship between central not be taken as infringement of autonomy of RBI. Line
bank and government rather than just as an occa- between consultation and infringement of autonomy
sional violation of institutional propriety. is though very thin but very essential to maintain as
The relationship between a central bank and the gov- well as strengthen the economic fibres of the country.
ernment is at best diplomatic, needing considerable Furthermore occasional aberrations often overlap
skills and patience in working on the policy strate- the fact that relations between the RBI and the gov-
gies. This standard operating procedure is essential ernment have stood the test of time. Be it in the era
to achieve stable domestic prices, avoiding volatility of planning, or for the task of diversifying the range
in exchange rates, and pursuing capacity utilization of development institutions, or during the course of
and employment objectives. However like in the pres- transition to a market economy, the RBI and the gov-
ent case, the arm twisting of the RBI by a stern, po- ernment have always worked in tandem. This pro-
litically worded request regarding any decision which cess of interaction clearly indicates an ambience of
comes under the exclusive powers of the central bank wise understanding.
is obstruction of the highest order. It is true that ques-
tions of radically transformative changes are always Having faith in the maturity and prudence in both in-
discussed by policymakers with specialised agencies stitution let’s hope that recent friction will go down
such as the RBI. But no one agency tries to superim- in the history just as exception not as an example.
pose its views on others. However recent attempt is
a blatant violation of the same.
It is the unstated responsibility of the Executive in a
democratic society to nurture and protect the auton-
omy of institutions .Yet, if this unstated rule is not RBI
followed, what is the way out? Question lingers that • During and after demonetisation drive by the
“Who will guard the guards?” government, the image and autonomy of the
Central Bank has received a serious jolt. Elu-
In any democratic country, the autonomy of the cen-
cidate.
tral bank is treated with the highest respect. It is ut-
most important that a clear cut convention must be • RBI has fallen victim to ‘institutional capture’
laid down that the Government does not arm-twist by the current regime. Critically examine.
the central bank on issues relating to currency and
exchange rates.
Guide
Special Category Status to Andhra

Why in News? 1. Hilly and difficult terrain
Taking cue from jallikattu ordinance, netizens of 2. Low population density or the presence of size-
Andhra Pradesh have called for a similar protest in able tribal population
Visakhapatnam’s Ramakrishna Beach on Republic 3. Strategic location along international borders
Day for a Special Category Status (SCS) for the state. 4. Economic and infrastructural backwardness
The politician turned actor of Telugu cinema Pawan
5. Non-viable nature of State finances.
Kalyan has been very vocal about the demand and
has got the considerable support. At the time of the formulation of the fifth Five Year
Plan, it was decided to include Himachal Pradesh,
The Issue other Northeastern States and Sikkim in the above
At the time of bifurcation of Andhra Pradesh, the category. For the first time, these 10 States were
then incumbent UPA II government under erstwhile categorized as ‘Special Category States’ to distin-
Prime Minister Manmohan Singh promised of ac- guish them from others. Later on, Uttarakhand was
cording a “special category” status to the succes- accorded the ‘Special Category’.
sor state of Andhra Pradesh. Furthermore, the issue
of special category status became a cause of much What is the current status?
consternation for the Centre and heartburn for the The major benefit from the special category status
people and government of Andhra Pradesh. was the generous Central assistance for plan pur-
The 14th Finance Commission (FFC) had increased poses under the Gadgil- Mukherjee formula where
the tax devolution to States from 32 per cent to 42 30 per cent of the assistance was earmarked to
per cent of the divisible pool of central taxes ob- these States, 90 per cent of which was given as
viating the need for specific categorizing. Several grants and 10 per cent as loans. However, after the
changes over the years, more particularly those in- recommendation of the Twelfth Finance Commis-
troduced in the Union Budget 2015-16, have resulted sion that the Central government should discontinue
in considerable dilution of benefits to the ‘Special lending to the States and the latter should borrow
Category States’. from the market, funds earmarked for special cate-
gory States were substantially reduced.
The Central government has announced a special
package to Andhra Pradesh on September 7 which With the Fourteenth Finance Commission assessing
has raised considerable controversy. The package is the total requirements of the States without making
generous in terms of resources to augment its in- a distinction between plan and non- plan, the grants
frastructure and to create institutions of governance given under the Gadgil- Mukherjee formula for State
and development, but falls short of declaring it as a Plan Schemes got subsumed in the formula for tax
“special category State”. devolution and grants. Therefore, the benefit of higher
Central assistance due to special category status sim-
Apart from Andhra Pradesh, other backward states ply does not exist anymore. Thus, the State gains im-
like Bihar and Odisha are also demanding the “Spe- mensely from the special package in addition to the
cial Category Status” since many years. transfers recommended by the Finance Commission.
The ‘Special Category’ status is not so special any-
What is Special Category Status?
more following the above changes. The only attrac-
The Constitution does not include any provision for tion that remains is the benefit of assistance for
categorization of any State in India as a Special externally aided projects (90 per cent grant). But
Category Status (SCS) State. But, recognizing that even this will be of limited benefit if any new state
some regions in the country were historically disad- is accorded special category for a limited period of
vantaged in contrast to others, Central plan assis- five years or so as disbursal of external assistance
tance to SCS States has been granted in the past by cannot be substantial in such a limited period. The
the erstwhile Planning Commission body, National benefit of lower matching contribution for ‘Special
Development Council (NDC). The NDC granted this Category States’ for CSS is unlikely to be substantial
status based on a number of features of the States with the reduction of assistance to State plans by
which included: over 40 per cent to Rs.1,96,743 crore in 2015-16
Guide
What has Andhra Pradesh received in 4. The Central government has agreed to meet the
special package? entire expenditure of the Polavaram project on

the Godavari river which at 2011 prices was ex-
It’s almost clear that Fourteenth Finance Commission
pected to cost Rs. 16,010.45 crore.
has greatly diluted the benefits for the “Special Cat-
egory Status” states. However Andhra Pradesh has 5. In addition, the package includes the establish-
received the generous Central assistance in the form ment of several educational institutes. The Cab-
of special package that was announced on Septem- inet Committee has also given an in- principle
ber 7, 2016. The following are the benefits of this approval for the establishment of a major port in
special package: Dugarajapatnam on public- private partnership
basis, and there are proposals to set up units of
1. Centre has given Rs. 3,979 crore as revenue gap Steel Authority of India and Indian Oil Corpora-
grant to Andhra Pradesh , which is more than tion.
three times the amount recommended by the
6. There are also proposals for the expansion of the
Fourteenth Finance Commission for 2016- 17 ( Rs.
international airport at Visakhapatnam and air-
1,293 crore).
ports at Vijayawada and Tirupati.
2. Similar facility to cover revenue gaps in the future
7. The National Highways Authority of India and
too has been promised. It has already given Rs.
Railways too have been directed to improve road
2,500 crore for building the new capital and has
and rail connectivity.
promised an additional Rs. 1,000 crore.
3. An amount of Rs. 1,050 crore has been disbursed Never in the history of this country have bifurcated
as a special package for backward areas. States received such a generous package even when
they were extremely backward.
Public Interest Litigations

“Injustice anywhere is a threat to justice everywhere –“ Martin Luther King, Jr.
What is PIL? The traditional rule of “Locus Standi” that a person,

The expression “Public Interest Litigation (PIL)” an individual whose right is infringed alone can file
means ‘a legal action initiated in a court for enforce- a petition has been considerably toned down by the
ment of public interest’. PIL is a judicial instrument Supreme Court through PIL. With the incorporation
with sole aim to further the aim of public good at of PIL in the Indian judicial system, the court permits
large. This concept traces its origin to USA where it public interest litigation at the instance of public spir-
is known as Social Interest Litigation. Justice P. N. ited citizens for the enforcement of constitutional or
Bhagwati and Justice V K Iyer has been pioneer for legal rights. Any public spirited citizen can approach
incorporating concept of PIL in Indian Jurisprudence. the court for the public cause (in the interests of the
public or public welfare) by filing a petition.
Evolution of PIL The seeds of the concept of public interest litigation
Till 1960s and 70s, the concept of litigation in India were initially sown in India by Justice V Krishna Iyer
was in its rudimentary form. It includes just a private in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai,
pursuit for the vindication of private vested interests. wherein an unregistered association of workers was
However, scenario changed during 1980s with new permitted to institute a writ petition under Art.32 of the
judicial innovation of Public Interest Litigation (PIL) Constitution for the redrcssal of common grievances.
by Supreme Court of India. This provided an easier Justice V Krishna Iyer, enunciated the reasons for
access for public at large to the law and introduced liberalization of the rule of Locus Standi in Fertilizer
broad public interest perspective.
Guide
Corporation Kamgar vs. Union of India, and the ideal

3. When the court kept its distance from pol-
of ‘Public Interest Litigation’ was blossomed in S.P.
icy decisions:
Gupta and others vs. Union of India, (Judges Transfer
Case). The disinvestment season initiated by the NDA-1
government to sell 51% stake in BALCO (Bharat
Benefits of PIL Aluminium Company Limited) was challenged by
the Supreme Court in 2001.Quite significantly the
1. Public Interest Litigation (PIL) is being used as an Supreme Court in its decision on December 10,
effective tool by vigilant citizens of the country 2001 said, “PIL is not a pill or a panacea for all
for an inexpensive legal remedy because there is wrongs. There have been, in recent times, increas-
only a nominal fixed court fee involved in this. ingly instances of abuse of PIL. Therefore, there
2. Further through PIL, the litigants can focus atten- is a need to re-emphasise the parameters within
tion on and achieve results pertaining to larger which PIL can be resorted to by a Petitioner and
public issues, especially in the fields of human entertained by the Court”.
rights, consumer welfare and environment.
The judges also drew a line distinguishing be-
3. PIL has been used not only for proper enforce- tween the domain of the executive and the judi-
ment of Fundamental Rights but also for gaining ciary in a bid to avoid the clash between the two.
effective and wider interpretation of Art- 21, i.e. Thus, the judgement read: “Public Interest Litiga-
Right to life and liberty. tion was not meant to be a weapon to challenge
the financial or economic decisions which are
taken by the Government in exercise of their ad-
Milestone of PIL revolution ministrative power”.
1. Sheela Barse vs State of Maharashtra 4. The 2G Judgement
(February 15, 1983): The judiciary chose not to impinge on the author-
This was a historic judgment that dealt with the ity of the government and its policy decisions in
issue of custodial violence against women in pris- 2001, but a decade later the Supreme Court chose
ons. This resulted in an order facilitating separate to step into what was described as one of the big-
police lockups for women convicts in order to gest scams in post-independent India.
shield them from further trauma and brutality. It
5. Indira Sawhney Case
also provided separate police lockup for women.
On November 16, 1992, the Supreme Court re-
2. MC Mehta vs Union of India (Pollution in sponded to a PIL filed by lawyer Indira Sawhney
the Ganga) and introduced 27% reservation for backward
This judgement delivered on January 12, 1988, classes in posts and services under the Govern-
lashed out at civic authorities for allowing un- ment of India. Citing the age old Varna system,
treated sewage from Kanpur’s tanneries making the court justified its reason for reservation. The
its way into the Ganges. It was the beginning of court also spelled out that such a system should
green litigation in India. In 1996, environmentalist not exceed a tenure of ten years once a particular
M C Mehta’s PIL, (M C Mehta vs Union of India section is adequately represented in society.
on December 30, 1996) resulted in stringent orders
against Mathura refineries for polluting the ambi-
ent air around the Taj Mahal.
The flip side
Yet another PIL by M C Mehta resulted in the CNG
Just as a weapon meant for defence can be used equally
verdict (July 28, 1998) that forced the vehicles in
effectively for offence, the development of PIL has also
the capital to switch to a different fuel in order to
been used for vested interests against its ethos.
keep a check on vehicular pollution.
• Many people started handling PIL as a tool for
harassment because frivolous cases can be filed
without heavy court fee as compared to private
litigations.
Guide
• The judiciary has also been criticised for widening legal hearing to person unheard has metamorphosed
its jurisdiction and interfering in the domain of ex- with time into a correction jurisdiction of higher court
ecutive and legislature. It is also criticised for its and a shortcut for vested private interests. Many a
inability to implement its own orders effectively. time judiciary is seen in an overdrive to assert its
• PIL has pilled up cases on already overburdened supremacy, which goes against the basic principle of
judiciary. our constitution, “balance of power”.
• PIL is being misused by the public agitating for It is the demand of time to for better facilitation and
private grievances in the grab of public interest regulation of PIL, to achieve the aim for which it was
by seeking publicity rather than supporting the incorporated in Indian jurisprudence. Effective filtration
public cause. mechanism must be adopted to differentiate between
• The dilution of the locus standi requirement has genuine claim and frivolous and time killing cases.
permitted cropping up of privately motivated in-
terests in disguise of public interests. The abuse Expected Questions for IAS Mains
of PIL has become more rampant than its use for
genuine causes.
Public Interest Litigation
As a result, the apex court itself has been compelled
to lay down certain guidelines to govern the man- • Recent incidents indicate that PIL which was
agement and disposal of PILs. based on a noble aim is getting frivolously
used for vested interests. In this context
Analysis of working of PIL trace the evolution of PIL.
Public Interest Litigation was a welcome innova- • “With PIL, the post-Emergency Supreme
tion on pat of Indian judicial System which was Court is very rarely a court for judicial review
applauded by all over the world. However lack of and far more often, the court for judicial pop-
responsibility and accountability on part of litigants ulism.” Comment
and lack of restrain on part of judiciary has attracted • PIL is another instrument to overburden judi-
unwanted criticism to this radical evolution. This ciary. Elucidate.
attempt by judiciary to provide cheap and effective
Accountability in Civil services

Why in News? and encompassing the obligation to report explain
Recently two IPS officers were prematurely retired and be answerable for resulting consequences.
by Ministry of Home Affairs in exercise of the pow- In a nutshell accountability in administration is “an
ers conferred by Rule 16(3) of the All-India Services element which is part of a unique responsibility
rules 1958, in public interest after the approval of and which represents an obligation of an actor to
Appointments Committee of the Cabinet. achieve the goal, or to perform the procedure of a
On a similar line one IAS officers was also compulso- task, and the justification that it is done to someone
rily retired by the government. else, under threat of sanction”.
What is accountability? Accountability of civil servants

Accountability means domestication of power. It is The primary responsibility of the civil service lies
the acknowledgment and assumption of responsi- towards the people and the society rather than to
bility for actions, decisions, and policies including serve the political masters. Civil service by its orig-
the administration, governance, and implementation inal nature must be apolitical and must perform its
within the scope of the role or employment position functions in an impartial and professional manner.
This means that civil servants must provide free,
Guide

frank, impartial, and responsive advice to the po- would also require a civil service that is sensitive to
litical masters in policy making, and the deliver the the diversity of the Indian public and in particular, to
same level of professionalism in administration and the needs and requirements of the weaker sections
delivery of services, policies, and programmes, irre- of the society. On the whole, civil servants should de-
spective of the political party in power. liver services fairly, effectively, impartially, and cour-
teously to die members of the public.
Civil service should always be openly accountable
for all its actions within the framework of ministerial
responsibility to the government and to the people Issues:
at large. As per the existing system government and • Favouritism and nepotism: The “Yes Boss” and
the ministers determine the public interest in terms “Lick above and Kick Below” cultures are rampantly
of policies and programme priorities. The civil ser- followed in the bureaucracy. Since transfers, promo-
vants within the requirement of the constitutional tions and other service conditions of Civil Servants
and legal framework, advises on the same and im- are controlled by the political executive the political
plement their decisions. Therefore, the civil service neutrality and apolitical attribute of Civil Servants
has a peculiar responsibility for the public interest in have become almost a myth. Majority of times the
upholding the law and ensuring that proper proce- transfers and promotions have no correlation with
dures are followed. the performances but are linked with the political
affiliations. Ironically, with the change of political
Close relationship of civil services with the society
party in power the reshuffling of bureaucracy has
through the variety of services it provides also opens
almost become a trend. This highlights the level of
different avenues for better and effective scrutiny.
nepotism and favouritism.
This means that the maintenance of ethical behaviour
by civil servants in dealing with the public is particu- • Emphasis on procedures and rules: The colo-
larly important. The civil service needs to serve the nial legacy of status quoist nature of bureaucracy
society by ensuring that the entitlements and services still prevails in the country. For bureaucracy the
provided to it under law and government policy are procedures and defined set of rules have become
delivered effectively, fairly, courteously, and profes- sacrosanct rather than the developmental goals.
sionally. As a result the performance is compromised and
this encourages red tape and non-responsive-
Responsiveness of civil servants together with em- ness.
pathy and compassion also finds its place in wider
• Non-performance: The malady of non-perfor-
framework of accountability. This means that civil
mance arises from the emergence of a bloated
servants should be professional and effective in the
bureaucracy where all posts are not meaningful
delivery of services. Responsiveness also means
and are created just to accommodate the officers.
that while a civil servant cannot make exceptions in
As a result, indolence creeps into the service
individual cases where these are not sanctioned by
causing loss of initiative and a desire to be pro-
law, and while the civil servant must ensure equality
ductive.
of access for all citizens, he/she should try to be re-
sponsive as he/she administers entitlements or pro- • Out-dated mechanism for performance ap-
vide services and to avoid unnecessary rigidity. This praisal: While the tools and mechanisms to
capture the performance are very well developed
Guide
in the private sector, the same is missing for the the earlier recommendations of the Hota committee
civil servants. The Annual Performance Report of and the Administrative Reforms Commission reports
the civil servants are prepared by their immediate of 2009. These recommendations were not imple-
seniors and this exercise involves lot of subjectiv- mented by the government, and the Supreme Court
ity and human perception. The scientific perfor- verdict again focuses on need for administrative ef-
mance indicators and yardsticks are missing. ficiency.
Recent initiative to make civil servants Conclusion

more accountable Cynical perspective may paint this bold step by gov-
The Supreme Court of India, on a PIL filed by sev- ernment as just a symbolic act that would hardly
eral retired senior civil servants, ruled in favour of mend the ways of the bureaucracy. This is a defeat-
greater transparency in transfers and postings of ist approach. We need to uphold the basic demo-
civil servants. Directions were issued regarding for- cratic principle of a healthy executive control over
mation of a Civil Services Board of senior civil ser- the civil service, and actions like these, undertaken
vants to decide on transfers and postings and a fixed clinically and without malice, are a sine qua non if
tenure for postings. It also directed civil servants not we want to enhance the currently poor standards of
to accept oral orders from their superior officers or public administration.
Ministers, and to ensure that the orders are reduced Supervisory officers must present themselves as
in writing before they are carried out. model of efficiency and honesty, so that it flows
The judgment has been welcomed by the media, the downward to new officers as well. If the system is
bureaucracy and those who deal with the govern- still functioning and has not collapsed, it is because
ment and its institutions. However the reaction from of a handful of outstanding officers in the higher bu-
the political executive in the form of complete si- reaucracy, who are motivated by a spirit of service
lence is but obvious as political executive will never and have the conviction that they will be models to
want to loosen its grip on bureaucracy. Judgement young officers.
had received criticism from various quarters as well A public official holds a position of trust, and are
that the Supreme Court should not venture into the expected to apply to their high principles and stan-
realm of executive jurisdiction. dards in their work ethics. Public officials should en-
The permanent civil service is a result of colonial sure that they perform their duties and functions ef-
legacy providing wide gap between political ex- ficiently, effectively and with integrity, in accordance
ecutives and administrators. Administrators being with laws or administrative policies for which they
professionals were expected to advise on policy, are responsible.
and implement the government’s programmes and It is in this context that all of us should plead for
projects with mutual trust and respect of one an- an incessant drive against the deadwood in govern-
other’s role. However emergence of different power ment services and provide and accountable civil ser-
centres and fragmentation of political landscape led vice to society.
to spurt in short-term objective of retaining power,
and lesser respect for established rules and regula-
tions. Increasing pressure on civil servants to do as Expected Questions for IAS Mains
they were told, under threat of transfer and admin-
istrative action became synonymous of civil service.
Political highhandedness, oral orders became the Civil Services Accountability
epitome of administration rather than efficiency and • Permanency of tenure must go hand in hand
result orientation. with accountability of civil servants in India.
Reprieve in the form of Supreme Court judgment is a Discuss. Also suggest measures to make civil
welcome step which aims to clearly demarcates the service more responsive and people oriented.
extent of political intervention in administration. The • Political neutrality is a myth for bureaucracy
directions on written orders, fixity of tenure and the in India. Critically examine.
establishment of a Civil Services Board are based on
Guide
Education policy in India

Introduction: Under Directive Principles of State
Education is a fundamental human right and es- Policy (DPSPs)
sential for the exercise of all other human rights.
It promotes individual freedom and empowerment • Article 45: This article dictates that the state
and yields important development benefits. United shall endeavor to provide within a period of ten
Nations and UNESCO lay down international legal years from the commencement of this Consti-
obligations for the right to education. These instru- tution for free and compulsory education for
ments promote and develop the right of every person all children until they complete the age of 14
to enjoy access to education of good quality, without years.
discrimination or exclusion. • Article 46: It provides for special care to the
promotion of education and economic interests
Indian constitution has also recognized the impor- of the scheduled caste, scheduled tribes and
tance of quality education and therefore embraced the weaker sections of society.
a number of provisions with reference of compulsory
education in India. The Indian constitution has provi- • Article 337: This provides for special provision
sions to ensure that the state provides education to with respect to educational grants for the ben-
all its citizens. The Indian constitution in its original efit of Anglo-Indian community.
enactment defined education as state subject. Under
Article 42 of the constitution, an amendment was Education in India: Problems and
added in 1976 and education became a concurrent measures (In brief)
list subject which enables the central government to The ‘Global Economic Prospects’ report pub-
legislate it in the manner suited to it. Besides India lished by World Bank in January, 2015 forecasted
is signatory to a number of international covenants that by 2017 India will out-pace China in terms of
i.e. Jomtien declaration, UNCRC, MDG goals, Dakar GDP growth rate. The country sits on the most ad-
declaration SAARC SDG charter for children which vantageous situation with 65per cent of its popula-
is binding on its commitment for making education a tion being under the age of 35 and approximately
reality for all children. 12 million individuals on an average are expected
to join the workforce every year. With these demo-
Constitutional provisions graphics, it happens to be world’s youngest nation of
regarding compulsory education: median age of 27 years. However, the poor employ-
ability of entire Indian population throws some re-
The following provisions have a great bearing on ally difficult challenges for the policymakers of India
the functioning of the educational system in India: to work upon the quality of education. All reports,
including ASER, National University for Education
Under chapter-III Planning and Administration (NUEPA) and National
(Fundamental Rights) Achievement Survey done by NCERT indicates that
though admission is going up, the quality of the edu-
• Article 28: The article 28 provides freedom as
cation has degraded.
to attendance at religious instruction or reli-
gious worship in educational institutions.
PROBLEMS:
• Article 29: This article provides equality of op-
portunity in educational institutions. The problems in education sector can be discussed
under three subheads- Accessibility, the Equity and
• Article 30: It accepts the right of the minori-
Excellence.
ties to establish and administrate educational
institutions.
Guide
Committees for reviewing and
strengthening education in India:

From time-to-time, the Government of India (GoI)
have constituted several committees to review and
recommend measures to revamp the education sector
Accesibility Equity Excellence
in India. Following are the important committees and
commissions for reviewing the education in India:
• Kothari commission: Kothari Commission, was
an ad hoc commission set up by the Government
of India to examine all aspects of the educational
• Accessibility: The inordinate delay in univer- sector in India, to evolve a general pattern of ed-
salizing education within the country has brought ucation and to advise guidelines and policies for
the problem of accessibility to education at the the development of education in India. The terms of
forefront. It is evidently clear that we did inordi- reference of the commission was to formulate the
nate delay in universalizing the education in the general principles and guidelines for the develop-
country. A target which was expected to be exe- ment of education from primary level to the highest
cuted right after getting independence could only and advise the government on a standardized na-
be completed in 2000s due to various reasons. tional pattern of education in India.
This caused significant damage to the quality of
the education. Later, in 2009, through Right to Ed-
ucation (RTE) Act, the government universalized What is National
primary education throughout the country. Education Policy (NPE)?
• Equity: Since last 26 years, especially when
The National Policy on Education (NPE) is a policy
the country was going through critical transition
formulated by the Government of India to promote
period, we did not formulise National Educa-
education amongst India’s people. The policy cov-
tion Policy (NEP). The last National Education
ers elementary education to colleges in both rural
Policy (NEP) was formulized back in 1986. In
and urban India. The first NPE was promulgated in
such a longer time span, the old NEP failed to
1968 and then the second by in 1986. Much later,
serve all national interests in sector of educa-
the current government is also contemplating to
tion. Only recently, the Government of India (GoI)
bring a new National Education Policy (NEP).
considered to revise the NEP. Though the over-
all enrollment ratio has gone up, the number of
drop-up children has also increased consider- National Education Policy, 1986:
able. In addition, there is already a significant
The NEP, 1968 was later modified and adopted as
gender gap in education sector. So, the issue of
“National Education Policy (NEP)-1986”. Measures
equity in education remained a major lacunae in
taken under this policy were as following:
overall government’s education policy.
• Lack of excellence: Lack of quality at all levels • The policy called for “special emphasis on the
of education has also remained a major concern removal of disparities and to equalise educa-
in education sector of India. Successive reports tional opportunity,” especially for Indian women,
of prominent NGOs in education sector such as Scheduled Tribes (ST) and the Scheduled Caste
ASER reports etc. have been highlighting this fact (SC) communities.
time and again. Loopholes in the RTE itself is the • The NPE called for a “child-centered approach” in
main reason behind falling quality in public edu- primary education, and launched “Operation Black-
cation level in India The most significant legisla- board” to improve primary schools nationwide.
tion in education sector- Right to Education (RTE) • The policy expanded the Open University system
is full of loopholes and many educationists have with the Indira Gandhi National Open University,
called a complete overhaul in the act. which had been created in 1985.
Guide
• The policy also called for the creation of the “ru- Problems in higher education in India:

ral university” model, based on the philosophy of
Indian leader Mahatma Gandhi, to promote eco- Interesting Facts about Indian
nomic and social development at the grassroots National Anthem
level in rural India.
Proposed National Education Policy, Continuous Hike in fees of Premier

2015: higher education institutions:
The Report of the Committee for Evolution of the New Presently, government subsidies a significant pro-
Education Policy, also known as “Subramanian portion of cost of higher education institutions but
Committee”, proposes following key recommenda- as the number of these institutions are going up
tions with reference to New Education Policy (NEP). steadily, it would be difficult for the government to
maintain the subsidy.
• Indian Education Service: An Indian Educa-
tion Service (IES) should be established as an Then, what are the options?
all India service with officers being on permanent Indian higher education is predominantly, edu-
settlement to the state governments but with the cation-loan driven that has some undesired so-
cadre controlling authority vesting with the Hu- cio-economic impacts.
man Resource Development (HRD) ministry.
Impacts of education-loan driven higher education:
• Increased outlay for the education sector:
The outlay on education should be raised to at • It affects the socio-economic mobility as edu-
least 6% of GDP without further loss of time. cation loans are given by banks comparatively,
• Compulsory Teacher Eligibility Test (TET) at lower rate than other sectors.
There should be minimum eligibility condition • It incentivize the idea of education as ‘capital
with 50% marks at graduate level for entry to ex- investment’ that can be harvest later by choos-
isting B.Ed courses. Teacher Entrance Tests (TET) ing high paying job.
should be made compulsory for recruitment of all • Indian government has increased emphasis on
teachers. The Centre and states should jointly lay ‘Make in India’ and ‘Start-up India’ which
down norms and standards for TET. essentially demand creativity and risk taking
• Pre-school education: Pre-school education ability of youths but as ‘loan driven’ education
for children in the age group of 4 to 5 years should do not allow students to take risk, these pro-
be declared as a right and a programme for it im- grams would peril.
plemented immediately.
• Students do not go after their aptitude and in-
• Continuance of no-detention policy: The no terests but only for high paying job.
detention policy must be continued for young
children until completion of class V when the Measures:
child will be 11 years old. At the upper primary
• Government should be continue with its subsi-
stage, the system of detention shall be restored
dies but as increased fees can be linked with
subject to the provision of remedial coaching and
the students’ salary when they would get the
at least two extra chances being offered to prove
job as proportion to their salary to all students
his capability to move to a higher class
(including Masters and Ph.D. as they are not
• On-demand board exam results: On-demand part of hiked fees as of now)
board exams should be introduced to offer flex-
ibility and reduce year end stress of students
Conclusion:
and parents. A National Level Test open to every
student who has completed class XII from any The time is ripe to adopt a progressive and inclusive
School Board should be designed. national education policy. However, the political dis-
pensation should do away with the political rhetoric
• Increased extension of Mid-day Meal: The
on education. The best way out to this problem is
mid-day meal (MDM) program should now be ex-
more participatory approach by the government to
tended to cover students of secondary schools.
introduce this landmark policy.
This is necessary as levels of malnutrition and
anemia continue to be high among adolescents.
Guide
Analysis of Indian Democracy

Indian democracy has ambiguously displayed the attention of many countries. There are many coun-
signs of strength and decline. On a positive note, tries which are planning to replicate the similar in-
since independence the country is governed by par- stitutions like Election Commission.
liamentary form of government elected on the basis
Thirdly, 73rd and 74th Constitutional Amendment Acts
of universal adult suffrage. We have an independent
have further added to the vibrancy of Indian democ-
judiciary in place to check and balance the executive
racy by decentralization of political power to the
and legislature. The scope of fundamental rights for
grassroots. The local self governments as envisaged
common citizens as interpreted by judiciary is grad-
by 73rd and 74th Constitutional Amendment Acts
ually increasing. The demands for decentralization
have drastically enhanced the number of elected
and accountability related to exercise of political
representatives in rural and urban centers. Moreo-
power are becoming assertive. The civil society and
ver in these acts there are mandatory provisions of
public media have gained great momentums. How-
reservations for dalits and women, so that vulnera-
ever, this is just the one side of the coin. Contrary
ble are marginalized sections of the society can be
to this, the system in the country is increasing be-
mainstreamed and can play active role in democracy.
coming subservient to the elites who control land
This has made democracy much more inclusive.
and capital. The crisis of governability is increasing
in the country. The social cleavages and inequalities Finally, we have a brilliant track record of conducting
are enhancing day by day. The gap between the com- free and fair elections as envisioned by the founding
mon citizens and those who have access to political fathers of the constitution. The cases of violence and
power is increasing. The sanctity of parliament is no malpractices during the election have witnessed a
longer in vogue. In nut shell, procedural democracy downward trend in past decade. Various groups and
has strengthened in the country but at the same time political parties in with inherent tendencies of to-
the substantive democracy is on a trend of steady talitarianism have changed themselves and aligned
decline. themselves with the democratic process of the coun-
try.
When I say that the procedural democracy in India
is strengthening day by day, I have the following Nonetheless the flip side of Indian democracy sug-
grounds. Firstly, there are very few developing coun- gests entirely different story. It won’t be an exag-
tries wherein the democracy is functioning in the geration to say that political leadership and bureau-
manner like we have in India. Many of our neighbor- cratic apparatus are obsessed with the procedures
ing countries (who share common culture and cus- involved in the democracy rather than delivering the
toms) have witnessed coups and blood bath with the core values.
transfer of political power. Hijack of political power The money and muscle power has played a vital role
by armed forces and fundamentalist groups is also in the electoral process. All the major political par-
rampant in many Asian countries. There are various ties are infested with leaders with criminal anteced-
examples in many developing countries of censoring ents, ethical deficit and the tendencies to grab po-
of public media and gross violation of human rights litical power. Ideology and values have minimal role
in order to perpetuate the vested interests to grab to play in the political alliances which have come to
political power. Fortunately in India, the only means surface to seize the power in the era of coalition.
to gain political power is through democratic pro-
cess. The transfers of power in India at all levels The intraparty democracy is missing in all the ma-
since independence have been peaceful. jor political parties. All the important decisions are
taken by party high commands and party supermos.
Secondly, we have proactive, unbiased and power- The ordinary party workers have no decision making
ful institution in the form of Election Commission to power. The election tickets are distributed on the
ensure free and fair elections. Electoral process in whims and fancies of the party high command with-
the largest democracy and second most populous out any accountability. As a consequence there are
country on this planet is a herculean task. Fair and widespread cases of defection, anomalies in voting
timely elections conducted by Election Commission by party members on the floor of house and horse
as per the ethos of the constitution has gained the trading because of ideological cohesion.
Guide
Most lamentably the parliamentary system in the 13% of members in the present Lok Sabha have

country is on the decline not only at the Centre but court cases pending against them. About 58% of Lok
also in states. In the era of coalition, because of po- Sabha members are crorepatis.
litical compulsions much more emphasis is given to
the local and parochial issues rather than national Conclusion
issues. Members come unprepared on the floor of A political system that lacks substantive democracy
parliament there are ever-increasing cases of shout- is merely a façade. It’s merely a shadow of democ-
ing, use of unparliamentary language and even the racy rather than its substance. We have successfully
exchange of blows. The duration of the sessions is developed the institutions and processes to elect
on a decline. Answers to the questions are unsat- the representative. Now the time has come that we
isfactory and incomplete. Strategic policies are not should be assertive about the making these repre-
discussed. There are members in the house who sentative accountable and work in national interest.
have not spoken even once in the House. Nearly
Parliamentary disruptions
In last three years sessions of Indian Parliament has in 1952. All these developments have had both a
witnessed frequent disruptions. In this context the positive and a negative impact on the working of
last Winter Session of Parliament was a clear dis- parliament. For example from 1952 to 1967, we had
appointment on all counts. Reports suggest that this general elections once every five years and at these
was the least productive session since 2010. Such is elections we elected a new Lok Sabha and new state
the extent of the breakdown of the democratic sys- assemblies. The elections to parliament and state
tem in recent years that public expectation from rep- assemblies were held simultaneously on the same
resentative bodies has also declined substantially. day. All this changed when Indira Gandhi as Prime
Veteran BJP leader, LK Advani’s words of despair ‘I Minister decided to delink the two when she opted
feel like resigning’ will resonate well with the most for early elections to the Lok Sabha in 1971. Once
Indians feel at this moment looking at a completely this cycle was broken, no one has been able to put it
washed-out Sessions of Parliament. back and now we are saddled with elections in some
part of the country or the other almost every year,
The Rot Continues thus causing political instability both at the Centre
There are many reasons to feel disappointed with and in the states. This has also led to a crisis of gov-
the working of the two Houses of Parliament. Some ernance in many states and at times at the federal
recent developments has put a question mark on level also because of what Atul Kohli, the author of
the quality of MPs and the ability of parliament to ‘Democracy and Discontent’ describes as dissipa-
police its members. Side by side, there is a visible tion of mandate. In his view, political leaders in India
reluctance on the part of parliament to improve the generally find that their mandates evaporate within
institution’s functional efficiency and to take a fresh 18 to 24 months after an election. From that point
look at its practices and procedures in order to meet onwards, governance becomes difficult because the
the aspirations of the people. Equally disappointing voters are just waiting for elections to dislodge the
is the fact that the decline has been apparent for a incumbent. Another thing that has happened with
long time but there has not been a single initiative the delinking of these elections is that MPs have lost
by the country’s political parties to stem the rot. If their anonymity. Earlier they were riding piggy-back
anything, every political party has done its bit to un- on the state assembly candidates of their respective
dermine the importance of parliament. parties. This is no longer the case. People now know
whom they are sending to parliament and therefore
Governance Crisis demand a lot from their MPs. With the building up of
constituency pressures, an MP’s work in parliament
India has witnessed much political, social and has begun to suffer.
economic change since the first general elections
Guide
Decline of Parliament days per year on an average and even these sittings
There is now damning evidence of the growing ir- were not effectively utilized to keep a watch on the
relevance of parliament. For example, until the late executive because as much as 24 per cent of Parlia-
1970s, parliament devoted 23 per cent of its time ment’s time was lost in disruptions. The number of
to discussing the union budget and this gave MPs laws passed by parliament have also declined over
enough time to focus on budgetary allocations and the years. The first Lok Sabha passed an average of
governmental performance in every sector. These 72 bills each year. This decreased to 40 bills a year
days parliament devote just 10 per cent of its time in the 15th Lok Sabha. Parliament passed 118 bills
to scrutinize the budget. MPs argue that some of the in 1976, the highest in a year. The lowest number of
load has since shifted to the standing committees bills - 18 - passed was in 2004.
but even if this be so, there is no doubt that there is
a sharp decline in the time spent by the two Houses Cost of Running Parliament
to budget-related debates. There has been a phenomenal rise in cost of parlia-
ment. It has risen from Rs 36,000 a day in the 1950s
Another troubling statistic is the decline in the num-
to over 1.23 crore per day in 2004. In 2012, it is close
ber of sittings of parliament per year. In the 1950s,
to Rs 2 crore per day. If the people do not get value
parliament had an average of 127 sittings, in the
for money, the efficacy of the parliamentary system
1960s it rose to 138 sittings. This had declined dras-
is certain to be called into question. Cutting across
tically to just 78 sittings in the year 2003. In 2011,
party lines, India’s political leadership must under-
the two Houses met for just 73 days. The irony is
stand the gravity of the situation and take measures
that while the work of government is expanding, the
to restore public confidence in parliamentary democ-
work of parliament, which has oversight responsi-
racy.
bilities, is declining. Even if one were to take into
account the 15 working days set apart for scrutiny of A beginning can be made with a review of the prac-
the demands for grants of various ministries in the tice and procedure of parliament. This has never
standing committees, parliament’s sittings per year been more pressing. Though the two Houses have
is down by over 30 per cent. In fact since 1988, Par- been in existence for 54 years, we have not had an
liament has never met for 100 days or more. The last honest audit of the working of parliament and this
time it came close to this mark was in 1992, when has contributed in no small measure to the growing
the Lok Sabha met for 98 days. Several MPs have hiatus between this elected body and the people.
exercised their concern over the decline in sittings A look at the quality of debates and the efficacy of
per year. On May 13, 2012, when both the Lok Sabha parliamentary instruments will give us an idea of
and the Rajya Sabha met for a special sitting to mark how far removed we are from that ideal parliament
the 60th anniversary of the first sitting of the two that we all thought we would have after independ-
Houses on May 13, 1952, MPs sought immediate re- ence. Right till the 1980s, the Question Hour was an
medial measures. Mr. Sitaram Yechury told the Rajya extremely productive hour in the two houses. MPs
Sabha that day that Parliament had not met for 100 came armed with razor sharp questions and min-
days in a year for over two decades. The 14th Lok isters called upon to respond to questions faced
Sabha, Yechury observed, was marked by the least this hour with much trepidation. The MPs not only
number of sittings in the history of Parliament with drafted their own questions but also had a string of
332 sittings averaging just 66 a year. He said unless supplementary in hand to corner ministers and to
Parliament had more sittings, it cannot perform its cause much embarrassment to inefficient or dishon-
oversight duties effectively. He suggested that 100 est members of the government.
sittings per year should be made mandatory for the
two Houses of Parliament. Conclusion
While sittings per year and time allocated for budg- India confronts challenges across sectors: public
etary matters is down, there is a sharp rise in the health facilities are broken, infrastructure sectors
time lost in disruptions and in the cost of parliament. see capacity shortages, the banking sector confronts
The 11th Lok Sabha lost 5 per cent of its time to dis- non-performing assets, the justice delivery system is
ruptions. This rose to over 10 per cent in the 12th very slow, there is an agrarian crisis, women’s safety
Lok Sabha and 22.40 per cent in the 13th Lok Sabha. is an issue in most places and children’s nutrition
In the 14th Lok Sabha, parliament met for just 66 levels are among the worst in the world. Should not
Guide
Parliament find time to discuss these and other is- Predominant Schools of Thought

sues of national interest? There are several schools of thought where Nation
The institution of elected legislatures is core to is explained and discussed. One school views na-
democracy. These institutions provide a forum to tions as merely political entities emphasizing civic
find broadly acceptable paths to complex problems loyalties and political allegiances rather than cul-
through discussion and negotiation by people repre- tural identity. Eric Hobsbawm believed the concept
senting different interests, perspectives and ideol- of nationalism, the most dominant phenomenon in
ogies. Our democracy rests on the belief of citizens the 19th and 20th century, is no longer a relevant
that Parliament will perform this function. paradigm to understand and analyze the dynamics
of political system and processes. Its days are over
The cost of not permitting Parliament to function can
and for good. He argued that a belief in historical
be enormous as it puts this belief at risk and thus,
continuity and cultural purity was fundamentally no
attacks the foundations on which our democracy is
more than a myth created by nationalism itself. Ac-
built. It is time that our MPs honour the sentiment
cording to him, nationalism creates nations, not the
that they expressed during the golden jubilee and
other way round.
diamond jubilee celebrations of Parliament—that
they will use the forum for constructive debate. Similarly, Benedict Anderson portrayed the modern
nation as an ‘imagined community’ or merely an arti-
Nationalism Debate fact. He pointed out that nations exist more as men-
tal images than as genuine communities that require
The debate on nationalism has become a very im-
continuous engagement and interaction to sustain
portant issue of discussion among the countrymen.
the notion of common identity. Marxist views na-
It has become a much contested idea today. The pro-
tionalism as a product of bourgeois ideology. Marx-
ponents of nationalism regard it as a unifying factor
ists see nationalism as an instrument through which
providing a sense of identity to the people whereas
the ruling class controls the people and counters the
critics consider it as a mere tool or instrument in
threat of social revolution by emphasizing national
the hands of ruling regime to legitimize its rule and
loyalty is stronger than class solidarity.
exercise authoritarian control over the lives of the
citizens.
Nation as a Cultural Entity
Following European tradition, nation can be defined
There are other theorists who regard nation primar-
as cultural entity-groups of people who speak the
ily as a cultural entity with strong bonding among
same language, have the same religion and are
the members of the community. For Johan Gottfried
bound by a shared history. However, every nation
Herder, often portrayed as the ‘father of cultural
also possesses a measure of cultural, ethnic and
nationalism’, the innate character of each national
ethnic diversity. Apart from these objective factors,
group was ultimately determined by its natural en-
the psychological feeling of oneness among the
vironment, climate and physical geography, which
members of the community also defines the nation
shaped the lifestyle, working habits, attitudes and
and bestows upon it a distinct identity, distinguish-
creative inclinations of the people. He also empha-
ing it from other groups or communities.
sized the role of the language and the cultural tradi-
The theoretical and academic writing on national- tions represented through songs, myths and legends
ism is capacious, and within it are many vigorous which provides a nation with its source of creativity.
debates, both normative and positive. Beyond this To explain nationalism, Herder thus mainly focuses
diversity of debate, a ‘consensus’ definition of na- upon culturalism that signifies an awareness and
tionalism has yet to be reached. Political movements appreciation of national traditions and collective
ranging from the French revolution to Nazi Germany, memories instead of an overtly political quest for
from ethnic slaughter in Rwanda to anti-colonial statehood. Such ideas had a profound impact on the
movements in Africa and Asia and from the unifi- awakening of national consciousness in nineteenth
cation of Germany and Italy to the aggressions of century Germany and some other countries of Europe.
Imperial Japan in the 1930s and 1940s have all been
Advancing Herder’s theory further, Anthony Smith in
labeled ‘nationalist’. It is this diversity that makes
his “The Ethnic Origin of Nations” argued that mod-
nationalism a term that defies definition.
ern nations are not merely products of the processes
Guide
of modernization and industrialization, but rather and private enterprise, had helped to produce “the
they are offshoots of pre-modern ethnic communi- educated class” in India. Mccully claims that when
ties. In Smith’s view, nations are historically embed- a small section of the educated began attacking ven-
ded— they are rooted in a common cultural heritage erated traditions in the name of reform and progress,
and language that may long predate the achieve- it precipitated a conflict inside Indian society. Social
ment of statehood or even the quest for national tension born from cultural alienation, coupled with
independence. economic distress, were the activating factors which
led the educated to experiment with nationalism.
Early Discourses on Indian Nationalism
Annie Besant’s study reveals to some extent how Indian Nationalism through its
her preoccupations with Theosophy and Hindu re- Civilization
vivalism influenced her perception of Indian nation- The civilization of India did not take a linear path, but
alism. The Aryan civilization is depicted as the true is the outcome of a confluence of various cultural,
breeding ground of Indian nationality. On the one religious, linguistic and ethnic traditions. Indian civi-
hand, there was the proud literary heritage which lization has come to be characterized by diversity of
fostered legends, traditions, drama and songs which culture, religion, language, race and caste groups.
“live still more vitally in Indian hearts and prayers According to Rajni Kothari, “in the absence of a cen-
and ceremonies today.” Besant argues that it is “on tralized political authority it was ‘the Indian civiliza-
this literature and on the past embodied in it that tional enterprise’ which ‘over the centuries achieved
the foundation of Indian nationality is indestructibly a remarkable degree of cohesion and held together
laid.” On the other hand, religion came to consoli- different sub-systems in a continental-size society’.”
date further this sense of unity and consciousness. Thus, the unifying force of Indian civilization was the
acceptance of multi-culturality and linguistic diver-
Roy and the Perspective of Historical sity rather than a political ideology of regimentation.
Materialism It should also be understood that India had existed
MN Roy denies vehemently the claims of the Ro- as separate country for nearly two thousand years,
mantic School that Indian nationalism originated in united by its geography and its culture. Politically
ancient times. For him, Nations were born at a cer- also very large part of India have existed as single
tain stage of economic development when people in empire long before colonization by British. Techni-
a given area were welded together into a national cally also, British never ruled over whole of India.
entity. Specifically it is the development of a mode of There were around 600 independent states within
production that brings into existence the bourgeoisie India which were independent kingdoms with which
that provided the conditions for the rise of national- British had entered into treaties. Also, there were
ism. This class, argues Roy, anxious to obtain power territories within India that were under control of
in order to control the means of production and dis- countries like France and Portugal.
tribution, originated the theory of nationhood in an
attempt to rally the support of other classes. India Conclusion
did not inherit a bourgeoisie before the eighteenth The uniqueness about Indian Nationalism is that
century and as such the concept of nationhood was it is not confined to one understanding but on the
unknown at that time. other hand, it has several stakeholders and is man-
ifested in its explicit diversity. A nation emphasizes
Mccully and the Theory of the Educated the consciousness of unity due to psychological or
Class spiritual feelings whereas state emphasizes political
unity and has tangible attributes such as population,
BT Mccully’s research findings were incorporated
territory, government and sovereignty. A nation may
and published in a monograph called English Edu-
lack a feeling of oneness among its people and yet
cation and the Origins of Indian nationalism. The
remain a state. It could be argued that India has
author claims that nationalism was a global phe-
a sense of identity that was pre-colonial. Its most
nomenon which had touched all peoples and states.
striking characteristic was its native culture.
Mccully conceives English education as the agency
through which nationalism entered India. Govern- Considering that nationalism is an ardent form of
ment patronage, combined with missionary zeal love of one’s own kind; where there is dislike and
Guide
hostility to outsiders, both Ashish Nandy and Am- a nationalism based on diversity instead of homoge-

artya Sen highlight the drawbacks to nationalism. neity. The historical depth of the Indian civilization,
According to these scholars, if nationalism insisted the resilience of its plural character to accommodate
on the primacy of a national identity over all other and adapt to the new currents without loss to the
identities; or expects all identities to be subservient basic cultural identities is its strength. Even today
to the interests of the national state, it can be dan- the discourse on Indian nationalism is varied but
gerous leading to war and terrorism. every discourse finds legitimacy and acceptance in
the Nationalist discourse. It is this beauty that keeps
But it should be understood that such homogenous
the country united and thriving despite all odds. A
expression of nationality was the precursor of Eu-
debate on Nationalism should not be looked in black
ropean nationalism leading to the formation of very
and white but should be seen as a churning process
homogenous nation-states. Indian nationalism is
to enrich the discourse further.
unique because it celebrates diversity and construct
Triple Talaq
The Supreme Court had recently said it would prefer a wider debate, in public as well as in court,
before taking a decision on the constitutional validity of triple talaq, which many complain is
abused by Muslim men to arbitrarily divorce their wives
India’s Supreme Court may soon take one of its to modernize Muslim personal law. Any attempts to
most interesting and far-reaching court decisions, change Indian Muslim personal law has been met
one that could go down as pivotal in Indian history. with claims by Muslim religious leaders that they
At stake is the Muslim practice of “triple talaq,” in constituted assaults upon the rights and freedoms
which a Muslim man can legally divorce his wife al- of the Muslim minority. In the particularly infamous
most instantaneously by uttering the Arabic word for Shah Bano case of 1985, a Muslim woman, Shah
divorce, talaq, three times in a row, or by indicating Bano won an alimony case in the Supreme Court, the
his intention to end the marriage in similar ways, for provisions of which were opposed by orthodox Sunni
example, by saying “I reject you.” Many traditional Muslim clerics. As a result, the Congress Party,
Islamic interpretations of Islamic Law, especially in which dominated Parliament at that time, passed a
South Asia, allege this is legal, with some scholars bill to overturn the case, a move widely derided as
deriving arguments in favor of this in part from verse pandering; liberal Muslims, Shias, and most Hindus
229 of Surah 2 of the Quran which states: “Divorce supported the court decision.
is twice; then keep her honorably or release her
virtuously.” There are numerous alternative under- Bharatiya Muslim Mahila Andolan
standings of divorce within Islam that do not sup- (BMMA) Takes the Lead
port the notion of triple talaq, and it is banned or not
The BMMA is an Indian Islamic feminist organisation
practiced (due to creative interpretations of sharia)
which brings forth the plight of the ordinary Muslim
in many Muslim countries including Turkey, Algeria,
women in India who constantly live under the fear of
Tunisia, Malaysia, Iran, and Pakistan. Interestingly,
being unilaterally divorced by their husbands.
the Wahhabi movement has also been opposed to
the practice. More than 50,000 Indian Muslim women and men
have signed a petition demanding a total ban on the
However, in India, Muslim personal law is governed
“un-Quranic” practice of the unilateral triple talaq or
independently, and there is no single civil law code
divorce and “nikah-halala” under the mantle of the
for all of India’s citizens. The body that regulates In-
BMMA. In 2016, Shayara Bano and Afreen Rahman,
dian Sunni Muslim law (Shias have a separate body)
unilaterally divorced by their husbands, approached
is the All-India Muslim Personal Law Board (AIM-
the Supreme Court of India, demanding an end to
PLB), which has strenuously resisted any attempts
Guide
triple talaq, seeking justice from the courts to nullify Supreme Court and Civil Code
a practice which is not only unconstitutional but, ac- Supreme Court has announced that it will review the
cording to the BMMA and a number of scholars, also country’s personal law code for Muslims, in what
“un-Quranic”. Both cases have opened a Pandora’s it says is an attempt to rectify any biases against
Box, and now the question of whether it is the right women. A two-judge bench mentioned polygamy
time to abolish the practice in India is being debated and the ease of divorce as particularly problematic,
by all quarters of the media and civil society. and potentially in conflict with the constitution’s
stipulation against gender discrimination. Where
The Grounds to Ban Triple Talaq such conflict is found to occur, following examina-
Over the past six years, the BMMA has been work- tion by judges, the Supreme Court has the power to
ing with hundreds of women who have been suffer- strike down personal laws.
ing as a result of a unilateral divorce. What makes
For a Muslim woman, “there is no safeguard against
the conditions of these women worse are sanctions
arbitrary divorce and second marriage by her hus-
from religious seminaries. Darul Uloom Deoband,
band during currency of the first marriage, resulting
one such revered seminary, has often validated di-
in a denial of dignity and security to her,” judges AR
vorce given by a husband on the phone, by written
Dave and AK Goel wrote in a note to the then chief
communication, and also where a husband repeats
justice of India HL Dattu. Mr Dave and Mr Goel also
the word “talaq” thrice, even in the absence of his
issued notices for legal opinions to the government’s
wife. According to the findings of a BMMA study,
attorney general and the National Legal Services
more than 90 percent of the 4,710 women inter-
Authority – which provides free legal aid to the dis-
viewed wanted a ban on unilateral divorce. It has
advantaged.
been argued that triple talaq creates a power dy-
namic in a marriage which is greatly in favour of the Laws governing most family matters, known as
man and oppressive to the woman. personal laws, have differed from religion to reli-
gion in India since the 18th century. Laws relating
Litigation or Reform? to adoption, domestic violence and child marriage
After the Shah Bano verdict of 1985, when a court have been amended or struck down by the courts
granted a 70-year-old divorcee maintenance for life, since the country gained independence in 1947, but
and the controversial Muslim Women Act - which in other matters, Indians follow laws derived from
was passed to overturn it when that judgement cre- their own religion’s teachings. But in their note to Mr
ated uproar as being intrusive and against Muslim Dattu, judges Dave and Goel said that “laws dealing
laws by the All India Muslim Personal Law Board with marriage and succession are not part of reli-
(AIMPLB) and others - there has hardly been any gion”. “Law has to change with time,” they added,
evident effort by the state or the judiciary towards referring to another Supreme Court judgement from
reviving the process of reform towards gender-just October 13, 2015 for support.
laws. In the 13 October 2015 judgment, which followed
With the Muslim community entangled with issues a petition from a Christian couple challenging the
concerning its identity and socio-economic security, personal law that requires them to go through two
working towards securing the basic human rights of years of separation before formalising their divorce,
Muslim women seems to have been relegated to the judges Vikramjit Sen and Shiva Kirti Singh pressed
background. It is important to note, however, that the government on whether it was willing to push
there are a number of personal law cases where the for a uniform code of personal law.
courts have made very progressive judgements, such Couples from religious groups other than Christianity
as those in the Shamim Ara vs State of UP. Supreme are only required to go through one year of sepa-
Court nullified arbitrary triple talaq, and opined that ration before being granted a divorce.“There’s total
talaq has to be pronounced as per Quranic injunc- confusion,” the judges said to the lawyer appearing
tions in order to be valid. Although a good precedent, for the government. “If you want to do it, then you
in the absence of any codified Muslim personal law should do it. Why don’t you frame and implement
(MPL) there can be no guarantee to always achieve it?”Article 44 of the Indian constitution explicitly in-
similar outcomes. structed the state to “endeavour to secure for the
Guide
citizens a uniform civil code throughout the territory commission. It has also sought to know whether the

of India”.However, the constitution also guarantees uniform code should include subjects like divorce,
citizens the fundamental right to practice their reli- marriage, adoption, child custody, succession and
gion freely and as a result; many religious personal inheritance. It has asked people and stakeholders
laws have remained in place. whether a common code would infringe on an in-
dividual’s right to freedom of religion. The Supreme
Muslim women are also not entitled to an equal
Court had recently said it would prefer a wider de-
share of inheritance, while in a Muslim marriage,
bate, in public as well as in court, before taking a
two female witnesses are considered the equivalent
decision on the constitutional validity of triple talaq,
of one male witness. But the Supreme Court’s inten-
which many complain is abused by Muslim men to
tion to review such laws is likely to cause contro-
arbitrarily divorce their wives.
versy among some orthodox sections of Muslim so-
ciety, particularly the All India Muslim Personal Law
Board, an NGO that defends Muslim personal law. Conclusion
In India it has been deemed legally acceptable for
Government’s Stand Muslim men to end marriages using triple talaq by
text message, by phone, or even on WhatsApp, giv-
The Centre will be opposing the practice of triple ta-
ing no reason. The neighboring countries of Bang-
laq (divorce) in the Supreme Court, on the grounds
ladesh and Pakistan have banned triple talaq. Now
that women’s rights are “inalienable” and will assert
India is wondering if it should do the same. The All
that the issue should not be seen through the prism
India Muslim Personal Law Board wants to keep
of a uniform civil code. Opposing these petitions in
triple talaq and gives a bizarre argument that if it
court are the Jamiat-Ulema-e-Hind (JUH) and the
is scrapped, men may resort to murder to get rid of
All India Muslim Personal Law Board. AIMPLB told
their wives. The AIMPLB also argued that polygamy
the apex court earlier this month that those personal
was a “social need” and a “blessing” as a lawful
laws can’t be re-written in the name of reforms and
second wife was better than an unlawful mistress
that the validity of Muslim personal law “cannot
and added that it gave divorced or widowed women
be tested” as it derives from the Quran. The Law
more opportunity to remarry. AIMPLB’s justification
Commission has asked the public whether triple ta-
for polygamy was “bizarre” as it had suggested the
laq should be abolished and if a uniform civil code
practice of a man having up to four wives stemmed
should be optional. Amid a raging debate on uniform
from a concern and sympathy for women. The truth
civil code, the law panel has sought public views
is Muslim personal laws – like other religious laws –
on the subject to revise and reform family laws,
flow from patriarchy and relegate women to second
saying the aim is to address social injustice rather
class status.
than do away with the plurality of laws. The com-
mission said the objective behind the endeavour is Triple talaq had been banned in more than 20 Mus-
to address discrimination against vulnerable groups lim-majority countries, including Pakistan and Bang-
and harmonise various cultural practices even as it ladesh while polygamy was prohibited in Turkey and
assured the people that the “norms of no one class, Turkmenistan among other countries. Muslims make
group or community will dominate the tone and up more than 13 percent of the country’s 1.2 billion
tenor of family law reforms”. people, yet they are among some of the most mar-
ginalised communities. Social indicators amongst
In an accompanying questionnaire, the commission
Muslim women such as literacy, mortality and em-
has asked whether the existing personal laws and
ployment rates are lower than the national average.
customary practices need codification and whether
Triple talaq is unilateral, arbitrary and contravenes
it would benefit people. Should the practice of triple
both the constitution and the principles of gender
talaq be abolished, retained or retained with suita-
justice in Islam. In a secular and democratic country
ble amendments; and whether a uniform civil code
like India, religious laws could not overwrite the con-
should be optional are among 16 queries from the
stitutional right to equality.
Guide
NJAC and Appointment of Judges

There is no mistaking the sharp confrontation that is Deep Differences

building up between the Narendra Modi government The collegium comprising of the Chief Justice and
and the judiciary in the context of the appointment four senior most judges of the apex court have
of high court and Supreme Court judges. Had there strong reservations over the draft MoP (memo-
been a more accommodative spirit between the exec- randum of procedure) giving the last word to the
utive and the judiciary, these issues could have been government to reject candidates on the grounds of
discussed on the table rather than being dragged national security. The Government’s version of the
out into the open. The tone and tenor of the court’s Memorandum of Procedure (MoP) includes a pro-
observation is an extension of a confrontation that vision for a Secretariat, which would comprise of
was for all to see at the annual conference of Chief retired Judges. The Secretariat would be endowed
Ministers and Chief Justices last April presided over with the power to evaluate complaints against the
by the Prime Minister when the latter and the former Judiciary, and recommend the subsequent course
CJI had taken unusually sharp positions on the issue. of action. The Government has reportedly resolved
The former Chief Justice of India (CJI) TS Thakur ex- to formulate the rules for appointment of retired
pressed his displeasure over the logjam that has been Judges to the Secretariats. The appointments to the
created in judicial appointments. His displeasure was Secretariat would be made with the consent of the
mixed with ‘disappointment’ as his expectation of Chief Justice of India and the Chief Justices of the
Prime Minister Narendra Modi taking up this issue in respective High Courts. The Judiciary however has
his Independence Day speech was dashed. time and again expressed its reservations regarding
inclusion of such a provision, claiming that it would
NJAC amplifies trust deficit encroach on their independence. Currently, all com-
The present trust deficit between the judiciary and plaints against the Judiciary are referred to the CJI,
the government dates back to a Supreme Court ver- who then decides the mechanism to deal with them.
dict of October 2015 in which the National Judicial
Appointments Commission Act spearheaded by the The issue of nepotism
Modi government was struck down and it was ruled The former Chief Justice of India (CJI) TS Thakur re-
that the earlier system of judges being appointed by buked the government while hearing a PIL on shortage
a judicial collegium would continue. The impugned of judges and delay in filling up vacancies. “We won’t
act had given powers to politicians and civil society tolerate a logjam in judges’ appointment…it is sti-
to have a final say in the appointment of judges to the fling the judicial work. We will fasten accountability
Supreme Court and high courts. The judgement had now. Why is there mistrust? If this logjam continues,
caused much consternation in the corridors of power we will be forced to interfere judicially. We will ask
but the government swallowed its pride for then only for every file that was sent to you by the Collegium,”
to start examining the recommendations for appoint- the former CJI was reported to have remarked.
ments to the higher judiciary with a fine comb.
A pertinent question to ask here is whether this
National conference of state Chief logjam created only by the executive. The fact re-
Justices and Chief Ministers mains that a host of constitutional experts felt that
the Collegium system needs to be revamped and
On April 25, 2016, during the national conference of highlighted numerous cases of nepotism in judicial
state chief justices and chief ministers, an emotional appointments. It has often been alleged that strong
former CJI Thakur went on to launch an unprece- ‘lobbies’ exist in judiciary that promote nepotism. In-
dented attack on the present and earlier govern- dira Jaising, Senior Advocate, Supreme Court, says,
ments for often blaming the judiciary for mounting “The appointment of judges to constitutional courts
backlog of cases, which touched an alarming 3.14 or indeed to any court needs to be totally transpar-
crore, but at the same time doing nothing to improve ent to be truly considered independent. A judiciary
the number of judges and increasing the number of which claims independence from the executive must
courts despite repeated pleas from the judiciary. also be independent from vested interests and pow-
The ratio at present is 10 judges for 1 million people erful caste and class lobbies. Today, I cannot say
while the Law Commission had way back in 1987 with confidence that such independence exists. The
recommended increasing it to 40. data from previous appointments show that children
Guide
of judges become judges, that even within the judi- only 591 judges have been appointed till now. In

ciary, lobbies exist. These lobbies are invisible but March last year, department of justice in the minis-
they sometimes surface during periods of tension or try of law informed the parliament that 26,851,766
when critical decisions are taken. So entranced is cases were pending in subordinate courts. This fig-
the vested interest that even at the stage of desig- ure has remained unchanged since at least 2012. The
nation of Senior Counsel, the aristocracy of the legal number of cases pending in all the courts, including
profession gets preference.” the high courts and Supreme Court, was estimated
to be upwards of 3 crore.
Anupam Gupta, Senior Advocate, Punjab and Hary-
ana High Court, who in the last three decades has While the pendency is big issues, it is being ma-
highlighted the issue of nepotism time and again, jorly contributed by district courts. Supreme Court’s
feels judiciary has done very little to mitigate the E-Committee recently released the latest statistics
problem of nepotism. on pending cases in district courts, according to
which there are more than 2.18 crore cases pend-
Context of the present crisis ing in district courts across the country, out of which
There are 75 names for appointment as judges more than 22.5 lakh cases have failed to be decided
which have been recommended by the Collegium in the last 10 years.
in the last eight months after the Supreme Court Can we say that this lag between the number of
quashed the National Judicial Appointments Com- judges required and the number of cases pending
mission (NJAC) but there was no response from the exists and, for that matter, has been created in the
government. The concern raised by the apex court last two years? Certainly not. It is a collective failure
was right but several recommendations made by the of all those who have been responsible for dispens-
Allahabad Collegium were put under scanner after ing justice in the last 70 odd years.
serious allegations of nepotism was made in recom-
While the appointment to higher judiciary is an im-
mending the names. While the interference in judi-
perative, given the fact that more than 2 crore cases
cial appointments has been rejected by most of the
are pending in districts courts, should not the apex
constitutional experts, most of them agreed to the
court also think and focus on restructuring the lower
ineffectiveness of Collegium in appointing judges.
judiciary to do away with pendency? While the CJI’s
While the conflict between judiciary and the exec- ‘stern warnings’ and ‘displeasure’ would ignite the
utive in the first three decades following independ- debate between the two branches, it can hardly do
ence cantered around the larger cause of protecting any good to the crore of litigants waiting for justice.
the fundamental rights and constitutional edifice
of the country, developments since the 1980s have Conclusion
given new dimension to the tug of war between ju-
When the goals are common why can’t there be a
diciary and executive. The fight that ensued between
spirit of accommodation in finding a solution to the
the two branches of government after First Judges
logjam which is affecting both governance and jus-
Case (1982) revolved around the role of executive in
tice? It cannot be denied that the system of checks
judicial appointments and ‘judicial independence’
and balances envisaged in the Constitution was
that culminated in NJAC Act to replace Collegium
sound. In recent times, corruption in the judiciary has
system for appointment of judges to higher judiciary
gone up manifold and the accountability of judges
and it being struck down by the apex court last year.
needs to be sharpened. At the same time, it would be
Could not those numerous hearings on the validity
unwise to allow the executive to assume over-riding
of NJAC be used for reaching out on consensus, on
powers to appoint and remove judges. It can hardly
method of appointment that would have suited both
be denied that weak governance in the pre-Modi
and have ensured prudent and fair judicial appoint-
years had facilitated the encroachment by the judi-
ment? But both the branches took to mud-sledging
ciary on the executive’s domain. This time around,
each other.
there is a strong government at the Centre. But the
Modi government deserves to be checked from ex-
Long wait for justice ercising undue authority for which the CJI is acting
In March this year, speaking at Sesquicentennial cel- as a safety valve. The excesses on either side can
ebrations of Allahabad High Court, President Pranab be ironed out if there is an open mind on both sides
Mukerjee said that there are a total of 1056 sanc- which is indeed the need of the hour. The current
tioned posts of judges in the country out of which confrontation is only harming the country’s interests.
Guide
India and NSG

India’s bid to join the Nuclear Suppliers Group agreed under the India-US Civilian Nuclear Agree-
(NSG) — a 48-country cartel that controls nuclear ment. These commitments included separating its
exports — failed during the group’s plenary session civilian and military nuclear facilities in a phased
in Seoul last . Despite a well thought out diplomatic manner; placing civil nuclear facilities under IAEA
exercise by Prime Minister Narendra Modi and his safeguards; signing and adhering to the IAEA’s Addi-
foreign secretary with meetings across the globe to tional Protocol; continuing its unilateral moratorium
advocate on India’s behalf including with Chinese on nuclear testing; working with the United States
President Xi Jinping, the NSG was unable to reach a for the conclusion of the Fissile Material Cut-off
consensus on granting India membership. Treaty (FMCT); refraining from the transfer of enrich-
ment and reprocessing technology to states that do
The unfavorable outcome for India has been de-
not have them and supporting international efforts
scribed as an “embarrassment,” a “car wreck,” a
to limit their spread; introducing comprehensive ex-
“fiasco,” and an abortive bid where India “found it-
port control legislation to secure nuclear material;
self alone.” The government has been quick to rebut
and adhering to the Missile Technology Control Re-
the charge of a diplomatic failure but the Ministry
gime (MTCR) and NSG guidelines.
of External Affairs has admitted that the result was
unexpected. The analysts have mostly been pessi- It was reported that NSG members were divided into
mistic and considered that India’s application faced three groups, according to their national policies to-
predictably long odds due to China’s opposition. But wards the waiver. The first group of countries, mo-
despite such a daunting odd, India raised expecta- tivated by mercantile interests, strongly supported
tion and invested a very heavy diplomatic capital. the exemption. This group consisted of France, Rus-
sia, and the United Kingdom. The second group was
Background “like-minded” countries, small states with a strong
On November 10, 2010, former President Obama an- non-proliferation stance, and included Austria, New
nounced US support for admitting India into the Nu- Zealand, the Netherlands, Norway, Ireland, Swe-
clear Suppliers Group (NSG). And in May 2011, prior den, and Switzerland, and wanted to include strong
to the June 2011 NSG Consultative Group (CG) and non-proliferation conditions in the draft. The third
Plenary meetings at Noordwijk, the US circulated a group of countries, which came out in favor of the
“Food for Thought” paper on the question of India’s exemption but were not enthusiastic, included Ger-
NSG membership for consideration and feedback by many, Japan, Canada, and Australia. This waiver
the participating governments. Although five Plenar- was possible because of intense American diplo-
ies have been held since then and the group’s Public macy, with help from France, Russia, and Britain in
Statements after these plenaries routinely state that reaching consensus. The Bush administration was
the plenary “discussed the NSG relationship with keen to get approval as it had only weeks to get
India”, there does not seem to have been any sub- Congressional approval for the US-India agreement
stantive movement during these five years on the before US elections, and receive the credit for the
question of the NSG accommodating India as a Par- initiative.
ticipating Government.
Difference in Bush and Obama
NSG waiver to India Diplomacy
In 2008, the NSG exempted India from the require- The Obama administration committed to supporting
ment adopted by the NSG in 1992 banning nuclear the bid but in contrast to the Bush administration
cooperation with any state that had not accepted there was no such urgency. The U.S. had urged India
IAEA (International Atomic Energy Agency) compre- to play a more proactive diplomatic role in persuad-
hensive safeguards. That move allowed India to ening the hold-outs to support its membership, while
gage in nuclear trade with NSG members. India insisted that Washington take on the job of
achieving a consensus in the NSG, just as the Bush
India received the NSG waiver after some tough ne- administration did in the waiver negotiations. Dur-
gotiations. India got its exemption on the basis of ing the waiver negotiations, India made it clear that
certain non-proliferation commitments to which it according to its reading of commitments in the 2005
Guide
agreement, the United States was responsible for China erects a Great wall between NSG

delivering a “clean and unconditional exemption” and India
from the export guidelines of the Nuclear Suppli-
China not only opposed India’s application but issued
ers Group. India expected the same U.S. role in the
several statements, officially as well as through its
membership negotiations, but for the Obama admin-
mouthpiece media publications, maintaining that no
istration this was not a priority foreign policy issue.
single country waiver should be granted to India as
United States failed to fight for India as it had in
was done in 2008. It stated that, in any case, India
2008. American support – which was instrumental to
is not eligible to become a member of the NSG as
India getting the NSG waiver in 2008 – was less ro-
it is not a member of the nuclear non-proliferation
bust than India expected. Although President Obama
treaty (NPT), adherence to which latter is neces-
publicly called on NSG countries to support India’s
sary for membership in the former. China has also
membership application, some were surprised that
averred that for non-NPT members some definite cri-
he did not personally strong-arm countries to vote in
teria should be evolved rather than granting country
India’s favour as President Bush had done in 2008.
specific waivers. At other times, it has stated that
Pakistan also has similar credentials to join the NSG;
NSG importance for India
and that if India is admitted, Pakistan should also
The government accorded so much importance to be admitted simultaneously. China has also main-
the issue that Prime Minster Modi hurriedly decided tained that there are several countries which have
at the last minute to include visits to Switzerland reservations about India’s membership of the NSG.
and Mexico during his tour to USA and some other Further, if only India were to be admitted, it would
countries to raise this issue and obtain categorical disturb the nuclear-arms balance in South Asia as
support for India’s membership at the NSG plenary India will engage in a massive nuclear weaponisa-
at Seoul on 23-24 June 2016. It is a reflection on tion programme. Finally, China has stated that India’s
Modi that he was able to get unequivocal support membership will ‘’jeopardise’’ China’s national inter-
from Mexico and Switzerland although they had in- ests and touch a ‘’raw nerve’’ in Pakistan.
itially opposed the grant of a unique waiver to India
by the NSG in 2008. They had also expressed con- None of China’s contentions appear to hold much
cerns about India’s NSG membership when the issue water. However, before considering them more
came up in informal discussions in recent years. critically, it will be useful to understand what the
purpose and mandate of the NSG is. It is doubtless
India is keen to become a member of the NSG and true that NSG was established in the wake of the
other export control regimes such as the Wassenaar Pokhran I peaceful nuclear explosion conducted by
Agreement and Australia Group as it seeks to sig- India in 1974. The intent and purpose of the NSG is,
nificantly expand its nuclear power generation and however, different from that of the NPT. NSG is not
also enter the export market in the coming years. an international treaty. It is a group of “nuclear sup-
Although the 2008 NSG waiver does provide sig- plier countries that seeks to contribute to non-prolif-
nificant possibilities for India to engage in civilian eration of nuclear weapons through implementation
nuclear trade with other countries (and indeed, In- of two sets of Guidelines for nuclear exports and
dia has entered into such agreements with several nuclear-related exports.” After more than 25 years
countries like Russia, France, UK, USA, Kazakhstan, of its establishment, some suggested guidelines
Australia, and others), membership of the NSG will were evolved in 2001 at Aspen for admitting new
provide greater certainty and a legal foundation for members to the organisation. Amongst these, mem-
India’s nuclear regime and thus greater confidence bership of NPT is only a guideline, a consideration,
for those countries investing billions of dollars to set and not a mandatory requirement while deciding on
up ambitious nuclear power projects in India. More- a country’s application.
over, as India’s international political, economic, mil-
itary and strategic profile and clout increases, India India also underestimated opposition from coun-
would like to move into the category of international tries like Austria, Brazil, Ireland, and Switzerland –
rule-creating nations rather than stay in the ranks of countries with strong non-proliferation credentials
rule-adhering nations. For this, it is essential that uncomfortable with a non-NPT member like India
India gets due recognition and a place on the NSG joining the NSG. Once China’s position was clear,
high table. these countries gained political space to voice reser-
vations about India’s application.
Guide
Conclusion noted that China is not a member of MTCR, although
India’s track-record in observing the provisions of the it put in its application in 2004, because several
NPT and NSG, even though it has not been a mem- members have concerns about China’s dubious pro-
ber of either body, is impeccable. If the NSG was liferation record in supplying missile technology to
able to grant a waiver to India in 2008 on the basis countries like Pakistan, Iran and North Korea.
of its past performance, it should have no objection Responsibility devolves upon China, more than it
to admitting the country as a member because of its does upon India, to bridge the trust deficit between
record in adhering to all its commitments over the the two countries. This is a sterling opportunity that
last eight years. It is, however, obvious that the de- China should welcome and grasp with both hands.
cision in Seoul was taken by some countries on po- For the 21st century to be an Asian century, India and
litical considerations rather than on merit. The next China should not been seen as blocking each other’s
plenary is due in year end and it provides a glimmer growth but cooperating in each other’s rise.
of hope for India to walk the extra mile in diplomacy
India is trying to project itself as a rising and re-
to achieve consensus.
sponsible power in the world. So on India’s part, it
India has reached out to China directly to explain should have tried back-channel diplomacy to secure
that its interest in NSG membership is not guided consensus and then applied for membership. Instead
by any political or strategic considerations but only India very heavily relied on US to vigorously work
to facilitate the expansion of its clean and green nu- for India’s consensus which never happened and the
clear energy programme. Prime Minister Modi took aggressive diplomacy at the last minute generated
up the issue with President Xi Jinping in Tashkent hype but it was more hype than substance. What
where both leaders met on the sidelines of SCO India requires is to use the NSG waiver to its advan-
Summit on 23-24 June. tage so that more and more members would find nu-
India became a Member of the Missile Technology clear trade with India as indispensable. Diplomacy
Control Regime (MTCR) on 7 June 2016. All 34 mem- should always be practiced maturely with minimum
bers of MTCR are members of the NSG. It may be of fuss and hype.
Friction in Centre-State Relations

During freedom struggle there was a widespread The Centre-State relations, i.e. the arrangements
demand for the provincial autonomy and the federal between the Union Government and the States in
structure. Many prominent leaders during the free- regard to their powers, functions and responsibili-
dom movement were stalwartly in favor of these ties, have always been a crucial issue. Centre-State
demands. But the trauma of partition and the rise relations have become further complex in the era
of local chauvinism in many regions impelled the of coalition politics as the regional demands have
founding fathers of our constitution to opt for cen- become assertive and have been associated with
tralized federal structure. The Constituent Assem- political compulsions. Ascendency of rival political
bly went so far that it described India as “Union of parties to power in the centre and in states further
States” and rejected the proposal to describe her as becomes a source of friction in the Centre-State re-
“Federation of States”. This implies that the Indian lations. In this blog I have tried to analyze the key
federation is not the result of an agreement between irritants in Centre-State relations.
independent units, and the units of Indian federation
cannot leave the federation. In the constitution, au- Article 356
tonomy of the states is so adjusted with the centre One of the well-known sources of friction between
that the latter can perform its function of ensuring Centre-State relations is the gross misuse of Arti-
unity of the country. Pt. Nehru wanted a happy and cle 356 of Indian constitution. Under Article 356, the
harmonious compromise between the strong centre President can dismiss a State Government or dis-
and autonomous states. solve a State Assembly or keep it under suspended
Guide
animation in the event of a failure of the constitu- and the states largely follow the pattern laid down

tional machinery in that State. Under President Rule by the government of India Act-1935.
there is suspension of all the powers from the coun-
The partisan role of governors has affected the cen-
cil of ministers and the President takes the charge of
tre-state relations at various occasions. The gov-
the subjects under the state list. It is also called as
ernors of the state are appointed by the President.
Central rule. Unfortunately on majority of occasions
The governors of the state at times act as the agent
Article 356 has been used as the political artifact
of the political parties in power in the Centre. The
to topple the state government when rival political
active politicians like S.M. Krishna, Buta Singh, Sun-
parties incumbent to the power.
der Singh Bhandari and Sushil Kumar Shinde have
Till date Article 356 has been imposed in various been appointed as the governors of various states in
states about 108 times since independence. Accord- the recent past. There have been various instances
ing to the report of Sarkaria Commission; from 1951 wherein the governors have arbitrarily misused their
to 1985 the President rule under Article 356 has discretionary powers in order to achieve the political
been imposed 75 times, however it was inevitable ends suitable for party ruling at the Centre.
only 26 times.
Other irritant that had severely affected the cen-
In the case of S.R. Bommai vs. Union of India (1994) tre-state relations is the provision of reservation of
the Supreme Court in its landmark verdict set out in Bills by Governor for the President’s assent as per
clear terms the limitations for imposition of Article Article 200. President enjoys absolute veto on the
356. The Court said any Presidential order clamping Bills reserved for him by the governor. Many a times
Article 356 had to be ratified by both the Houses of the bills which enjoy the landslide majority and pop-
Parliament. In addition, the powers of the Judiciary ularity in the state legislatures are vetoed by the
to review the bona fide or mala fide nature of the central government.
Presidential order were reiterated. This verdict to
a great extent shall check the misuse of the Article Law and order problem in the state
356 as a political tool. Central government is constitutionally empowered
to deploy the paramilitary forces in the state to
Article 3 meet the law and order situation. This can be done
As per the Article 3 of the constitution, only the Cen- even without the consent of the state government.
tre has the final authority to reorganize the bounda- There have been various instances where in the
ries of the states. As a matter of fact there are fre- state government and the local populations have
quent demands for state reorganization by various reacted against the deployment of the paramilitary
political parties and regional pressure groups. These and armed forces.
demands for the smaller states could be heard in the
political echelons. Support of the demands of this Interstate disputes
kind by the Central Government or any kind of prom- The mandatory involvement of Central government
ise for the future might antagonize the incumbent in the interstate disputes influences the centre-state
state government. relations. The central government act as the arbitra-
The recent decision of bifurcation of Andhara tor in the interstate disputes like boundary issues
Pradesh by the UPA II government is a case in point. (e.g. between Karnataka and Maharashtra) and wa-
This decision of the Central government has opened ter disputes (e.g. Cauvery issue, Mulaparriyer dam
the Pandora ’s Box. The central government was un- issue and Sutlej-Yamuna link). Although the center’s
der the intense pressure of regional party Telangana involvement in these issues is merely as an arbitra-
Rashtriya Samiti (TRS), which is also a coalition part- tor rather than as an interested party, but it often get
ner of UPA II. Nonetheless the incumbent state gov- caught in inter-state cross fire. This influences the
ernment of Andhara Pradesh has openly criticized centre-state relations.
the decision.
Financial disputes
Administrative Relations The modalities of authoritative allocation of re-
Like the Legislative Powers the administrative pow- sources and finances by the Centre to the states
ers are also divided between the centre and the affect the centre-state relations. The devolution of
states. Administrative relations between the Union finances is marred by political interests and compul-
Guide
sions. The competitive politics also influences the Conclusion
devolution of finances. We must understand that both Centre and State

Central government at times is accused by the state governments are simultaneously independent and
governments to be delaying the viable and most im- interdependent with an overlap of functions and
portant projects in the state. The funds are allocated financial resources. It’s extremely difficult to strat-
to the states in an opaque and non transparent man- ify the functions of administration without friction
ner. Many a times the grants are allocated in such a into water tight compartments based on Centre and
manner that the rich and affluent states are able to State list. Thus there are various constitutional, stat-
harness most of the benefits. utory and extra constitutional mechanisms and in-
stitutions to insure cooperation between Centre and
In case of disaster, there is lack of correlation be-
State. It’s the high time that central, state, and lo-
tween the intensity of the calamity and the amount
cal governments should interact cooperatively and
of central relief provided by the centre. Often there
collectively to solve common problems, rather than
is unplanned and mindless announcement of fiscal
making policies separately or clashing over a policy.
packages for particular regions, states or even cities.
Sedition v/s Dissent

The British gave India the sedition law in 1860, to be able to detain those who spoke against the
colonial government. In 2010, the British parliament repealed the sedition law. It is time for India
to rethink sedition law, too
The slogans raised in a prestigious Indian University Anti-India Slogan

have become the major point of discussion among The slogans that were raised calling for India’s de-
people in India today. The issue has caught the at- struction can never be defended on the pretext of
tention of the nation and has created a divide in Right to Freedom of Speech and Expression enu-
media, society and polity of this country in such a merated in Article 19 (1)a. The Constitution is ample
manner never seen before. Police arrested the stu- clear on the issue that the right is not absolute and
dent, who heads student union, in connection with can be restricted by the Government. The sub-clause
a demonstration authorities called “anti-national.” (2) in Article 19 gives a detail list of circumstances
The gathering had been organized to commemorate and conditions where the government can limit the
the 2013 execution of a Kashmiri separatist who liberty by framing a law. One of the important issue
was convicted for his role in an attack on India’s Par- points to understand is the condition dealing with
liament in 2001. The arrest has sparked protests and the unity and integrity of India. When slogans call-
fresh debate over free speech in India, again pitting ing for destruction of India are raised, it is a direct
government against those who say civil rights are assault on the unity and integrity of India.
increasingly under threat.
National/anti-national, free-speech/sedition; the Charge of Sedition
whole country has conveniently been divided on the According to reports, the FIR has been registered un-
issue. Nearly two weeks and counting, it has initi- der Section 124A of the Indian Penal Code (sedition),
ated more violence than conversations. Things we and the police have already arrested some students.
can or cannot say in a democracy have become the It is important to note that under the Indian law of
judgement scale for whether one will or will not go sedition, the events at the public meeting, even if
to jail. It is said in the media report that police have completely true, do not even come close to estab-
registered a case of sedition against the students lishing an offence. In Kedar Nath Singh’s Case, 5
shouting anti-India slogans. Till now four students judges of the Supreme Court – a Constitution bench
have been arrested.
Guide
– made it clear that allegedly seditious speech and Recent Cases of Sedition in India

expression may be punished only if the speech is an In 2012, cartoonist Aseem Trivedi was charged with
‘incitement’ to ‘violence’, or ‘public disorder’. Sub- sedition for drawing cartoons that commented on
sequent cases have further clarified the meaning of corruption scandals of the Manmohan Singh govern-
this phrase. In Indra Das vs State of Assam and Arup ment. Aseem Trivedi’s arrest itself merits no legal
Bhuyan vs State of Assam, the Supreme Court un- discussion as it was a blatant misuse of law. Writer
ambiguously stated that only speech that amounts Arundhati Roy, when charged with sedition for advo-
to “incitement to imminent lawless action” can be cating right to self-determination in Kashmir, quoted
criminalised. In Shreya Singhal vs Union of India, Nehru as having advocated the same. As early as
the famous 66A judgment, the Supreme Court drew 1953, the Bihar government used the sedition law
a clear distinction between “advocacy” and “incite- against tribals demanding a separate state. That
ment”, stating that only the latter could be punished. state exists today, called Jharkhand.
Therefore, advocating revolution, or advocating even Granting bail to Dr Binayak Sen, who is being tried
violent overthrow of the State, does not amount to under the sedition law, the Supreme Court said in
sedition, unless there is incitement to violence, 2011, “We are a democratic country. He may be
and more importantly, the incitement is to ‘immi- a (Maoist) sympathiser. That does not make him
nent’ violence. For instance, in Balwant Singh vs guilty of sedition.” The Court said that the Chhat-
State of Punjab, the Supreme Court overturned the tisgarh government had failed to make out a case
convictions for ‘sedition’, (124A, IPC) and ‘promot- for sedition. That is, it had failed to prove there was
ing enmity between different groups on grounds of incitement to or involvement in violence. Merely
religion, race etc.’, (153A, IPC), and acquitted per- possessing Maoist literature, the court said, did not
sons who had shouted – “Khalistan zindabaad, Raj make him a member of the banned CPI (Maoist).
Karega Khalsa,” and, “Hinduan Nun Punjab Chon The Court asked if keeping Gandhi’s autobiography
Kadh Ke Chhadange, Hun Mauka Aya Hai Raj Kayam at home made one a Gandhian. Even in the case of
Karan Da”, late evening on 31 October 1984, i.e. a Hardik Patel, charged with sedition by Surat police
few hours after Indira Gandhi’s assassination – out- for saying “kill four, five policemen”, the apex court
side a cinema in a market frequented by Hindus and this January allowed the Gujarat government to file
Sikhs in Chandigarh. a chargesheet but added that it would see if a case
of sedition is made out.
Sedition: A Colonial Tool
Gandhiji once told a British judge that “sedition was Conclusion
the highest moral duty of a citizen”. Since the law In the present case, the event was carried by the stu-
is about “disaffection against the state”, Gandhiji dents even after the administration had withdrawn
pointed out that “affection cannot be manufactured permission to uphold the event. So it surely becomes
or regulated by law”. a case where a thorough investigation needs to be
India’s first prime minister, Jawaharlal Nehru, said carried out and the guilty are punished. A slogan
this of the sedition law in 1951: “Take again Section that calls for India’s destruction should also attract
124-A of the Indian Penal Code. Now so far as I am the punishments permissible in Laws. The nexus
concerned, that particular Section is highly objec- of another University in West Bengal raising same
tionable and obnoxious and it should have no place slogans also needs to be explored. At the moment
both for practical and historical reasons, if you like, things are under investigation and we lack credible
in any body of laws that we might pass. The sooner information. Let us all wait for the truth to come out
we get rid of it the better. We might deal with that through the mouth of the judiciary.
matter in other ways, in more limited ways, as every In his classic defence of free speech, On Liberty,
other country does but that particular thing, as it is, John Stuart Mill laid down what is known as the
should have no place, because all of us have had ‘harm principle.’ It postulates that the only justifi-
enough experience of it in a variety of ways and cation for silencing a person against his will is to
apart from the logic of the situation, our urges are prevent him from causing harm to others. It is to this
against it.”
Guide
powerful libertarian mid-19th century principle that parliament repealed the sedition law. It is time for
we owe the idea that free speech cannot be pro- India to rethink sedition law, too. It is tragi-comic
scribed merely because we find it disagreeable, and that there is talk of ‘sedition’ at a time when it is
that curbs may be imposed only if such expression regarded as obsolete in many countries. Courts have
constitutes a direct, explicit, and unequivocal incite- ruled that laws that aim to punish people for bring-
ment to violence. The British gave India the sedition ing a government into hatred or contempt are fright-
law in 1860, to be able to detain those who spoke eningly broad and risk being used to suppress radical
against the colonial government. In 2010, the British political views.
Market and Social Change

Functioning of the society and polity is heavily af- showing the unity of diverse regional, economic, cul-
fected by the economic conditions and patterns of tural and regional groups. The market was supposed
the society. In India, the number of social groups to depend on the state for its existence; it had to be
taking recourse to collective action has increased regulated and get the permission of the state through
since liberalization of economic policies. This has licenses. It gave prominence to the state organs, es-
raised some important questions. Has the nature pecially bureaucracy, which came to known as the
of social movements changed or is changing with “permanent government” or “steel frame”, state
the expansion of market? What kinds of new social planning, mixed economy, non-alignment in the inter-
movements are emerging? Has the state become national relations. This model envisaged that it would
weak and withdrawn from its responsibility for so- lead to overall development of the country, elimi-
cial transformation? Do the market forces dominate nate the differences and hierarchy based on social
and govern the state? Are social classes getting cleavages — caste, religion, language, race, region,
fragmented and loose in their capacity to organize and economic disparity (will augment the economic
and dominate? Has class base of the social move- growth, remove poverty, etc.). In the macro economy
ments declined with the rise of market? it gave preference to the industry over the agricul-
ture or the rural sector. However, the state introduced
For understanding this concept we need to consider
several measures which affected different classes
the changes in the Indian state vis-à-vis the eco-
and groups; these groups participated in the collec-
nomic policies. For this purpose, it can be divided into
tive actions in the coming decades. In the rural areas
two phases. These are — pre-1990s and post-1990;
land reforms — abolition of landlordism and making
the phase preceding the present form of liberaliza-
the tillers as owners of land, agricultural extension
tion and the phase coinciding with it. During the first
schemes, community development programmes and
two decades following Independence, the state was
several welfare measures were introduced by the
given a dominant place in the development model.
state in different states. Though these schemes were
The national and international circumstances which
not completely successful, these had improved the
prevailed at that time necessitated to accord such
conditions of peasantry to varying degrees. The most
a position to the state. The division of the country
forceful and effective intervention of the state in the
into India and Pakistan, the consequent communal
rural economy was in the 1960s through the green
riots, influx of refugees after partitions, merger of
revolution the HVY (High Yielding Varieties of seeds),
princely states into the Indian Union, the division of
fertilizers and inputs, seeds, machenisation, etc. in
the world in two ideologically opposite blocks — the
the selected areas of the country. The post 1990
American and Russian known to be involved in the
phase, i.e., the era of liberalisation from the 1990s,
cold war were the conditions which motivated the
has seen the decline in the state authority following
national leadership to adopt a development model in
the introduction of Structural Adjustment Programme
which the state would find a dominant place.
introduced by the Narasimha Rao government in
This model which gave prominence to the state was 1991. This phase is marked by the parallel rise of
known as Nehru-Mahalanobis model of develop- the market force and the civil society organizations
ment. It sought to build India a strong “nation-state”, which have eroded the monopoly of the state.
Guide
Hence, the market was given secondary position in Thus liberalization and globalization resulted in a con-

the policy formulations in relation to the state in the siderable reduction of the control of the state. This
pre-liberalization phase. The market not only had to atmosphere was more conducive for examining state
depend on the state leadership and bureaucracy for policies and opposing them if required. Entry of elec-
clearance, licenses or operate under the inspector raj, tronic media and social media on the internet made
it also had no major role in measures meant for vari- tremendous impact on the political and social front.
ous sections of the society. Besides, the market had to Electronic media greatly strengthened journalism and
face the corruption/lack of transparency, red-tapism, visual news were directly being broadcasted day and
etc. These were in general taken to be failure of the night. Entry of social medium further democratized
state. This brought to the prominence the role of the the situation. Now one need not be journalist or a
state in the process of democratization, governance writer or a celebrity to air his views. This considera-
and development. A search for an alternative to the bly increased the strength of the civil society as the
state as an agency for carrying out development and state was now bound to reply to the criticism from
democracy started. A section of scholars and politi- these groups if it was to retain its credibility among
cians argued that the alternative to the state could be people. Civil society has made much better use of
found in the market. But there was an equal strident these tools in attacking various organs of the state.
opposition to the market as an alternative.
Market in itself is liberal in nature and hence needs
This was a general trend world over. The western liberal conditions to flourish. Strict control of the
world with the neo-liberal ideology and through the state is an anathema to the market and it seeks to
institutions like the World Bank, International Mon- reduce the power of the state, which, on the other
etary Fund, etc., played a leading role to propagate hand seeks to exercise its control over the market by
the ideas that the panaceas to the problems of the way of various rules and procedures. Thus market is
third world could be found if the state in these coun- more interested in parallel centres of the power other
tries “rolled back” or became a minimalist state and than the state. However the interest is conditional
structural reforms were introduced in these coun- and is restricted to only those groups which help it in
tries. It boosted the market which is associated its business or help to promote the principle of lasses
with the economic reforms programme, popularly faire in general. Market does not support those or-
known as the globalisation or the Structural Adjust- ganisations which hinder its functioning. This can
ment Programme. In case of India, by the 1980s the be seen in a shift in the general nature of social
financial problems, mainly the balance of payment movements. While the pre 1990s movements were
had become very acute. the solution to this was to basically socialist or leftist in nature, the movements
be found in borrowing from the international donor which have come up in the liberal period stress more
agencies. But they could lend only if their conditions on freedom, equality, human rights and governance.
were accepted. The conditions included adopting While the movements which came up in the pre liber-
their criterion of governance and taking up their pol- alization era concentrated mainly on villages, centre
icy of liberalization and globalisation. of action for newer movements is the urban India.
Supremacy over Delhi

Year 2016 shall be remembered for tussle between States vis-à-vis Union Territories
Delhi’s Chief Minister and Lieutenant Governor. The At the time of independence Union Territories were
bitter turf war between the two constitutional of- either not the part of India or they were too small
fices over primacy in administrative matters got po- to be made into fully fledged state as per the provi-
liticized and intensified when the BJP ruled central sion of the Constitution. States Reorganization Com-
government put its weight behind the erstwhile LG mission (1956) recommended creation of a special
Najeeb Jung. This matter has complex linkages with category for these territories since they neither fit
profound issues like central-state relations, federal the model of a state, nor do they follow a uniform
structure of India, decentralization and above all de- pattern when it comes to governance.
mand for complete statehood for Delhi.
Guide
In certain cases, the founding fathers of constitution they come under the powers of Delhi Development
deliberately chose not to merge smaller territories Authority and Municipal Corporation of Delhi. Delhi
with the neighboring states due to multiple reasons. Police is not answerable to the state government,
While in some cases the status of “Union Territory” but to the Centre through LG. Likewise the author-
was alloted to a region for safeguarding the rights ity to appoint bureaucrats rest with LG and not with
of indigenous cultures, there had been other in- elected ministers.
stances wherein a portion of geographical landmass
Moreover there is lot of ambiguity and vagueness
was made into a union territory to maintain military
in terms of distribution of powers in National Capi-
prowess and also to avert political turmoil.
tal Territory of Delhi Act, 1992, and the Transaction
It was observed that these “economically unbal- of Business of the Government of National Capital
anced, financially weak, and administratively and Territory of Delhi Rules, 1993. The Transaction of
politically unstable” territories can’t survive as via- Business Rules has been interpreted by each side to
ble administrative units without depending heavily suit its argument. The Rules give vast powers to the
on the Union government. Thus the Union Territories LG, but also make it mandatory for the LG to consult
were formed in this context. Therefore unlike the the Council of Ministers in case of a difference of
states where the council of ministers led by Chief opinion between the LG and a Minister. The cleav-
Minister is the fountain head of the executive pow- age between the CM and LG gets widen when the
ers, in case of Union Territories these powers rest different (and hostile) political parties are in power
with central government and are exercised through in centre and in NCT of Delhi.
administrators (LG in case of NCT of Delhi).
The road ahead
Special status of NCT of Delhi The deadlock between the two apex constitutional
69 Amendment to the Constitution has guaranteed
th
offices of NCT of Delhi has affected the quality of
that Delhi enjoys a special status among Union Ter- governance in Delhi. The ultimate sufferer is the com-
ritories. Unlike other Union Territories, Delhi has its mon man who is eagerly waiting for the change. In
elected Assembly, the state Assembly has the right order to improve the quality of governance and make
to legislate on all subjects except some such as law the administration more responsive and accounta-
and order and land. The administration of Delhi is ble, its quintessential that locus of power must shift
primarily governed by Article 239AA, National Cap- in the favor of elected representatives. Thus in In-
ital Territory of Delhi Act, 1992, and the Transaction dian context, the power must be decentralized from
of Business of the Government of National Capital centre to state governments and from state govern-
Territory of Delhi Rules, 1993. ments to local bodies. BJP led central government
must understand that it’s the CM and not LG that
Bone of contention has people’s mandate to rule Delhi. Therefore any
There are four power centers in Delhi: the elected step towards giving Delhi complete statehood and
government, the lieutenant governor, the Municipal giving more powers to elected government would
Corporation (accountable to the home ministry), and be a welcome step. At the same time, CM Kejriwal
the Delhi Development Authority (accountable to the and AAP leaders ought to handle the situation more
urban development ministry). In every state, land maturely. They must realize that they are no more
and law and order are state subjects. In Delhi land activists now but have the herculean responsibilities
to serve the people of Delhi.
Guide
Constitutional Crisis in Arunachal

The story of toppling elected governments in states Supreme Court against the Governor’s convening of
by a bunch of legislators subscribing to the principle the special session, the Centre called for President’s
of political mercenaries is not new. Indian Politics rule in the state under Article 356 of the Constitu-
in general and smaller states like Arunachal, Goa tion. The Congress cried foul, saying this was the
and Uttarakhand in particular have a history of top- first instance of Article 356 being imposed while the
pled governments by disgruntled faction of party. case was being heard in court.
The events of early December in Arunachal Pradesh
were nothing but a subversion of popular will re- Special Assembly
flected through an elected Assembly. The Congress On December 16, the special session of the House
had won the elections and got the mandate to rule was held in a community hall as the government
the state. It is equally true that the Congress legis- and Speaker prevented the session from being held
lature party was vertically split after Chief Minister in the Assembly. Deputy Speaker TN Thongdok, be-
Nabam Tuki sacked his finance minister Kaiko Pul. lieved to be on the anti-Tuki side, presided over the
The split rendered the Congress a minority with re- special session that was attended by 20 rebel Con-
bels openly siding with the BJP. gress MLAs (of the total 42), 11 BJP MLAs and two
However in a severe blow to the Narendra Modi Independents. The rebels, along with the 13 others,
government, the Supreme Court on July 13th re- passed the impeachment motion. The special ses-
stored the Congress-led Nabam Tuki government in sion also moved a no-confidence motion against the
Arunachal Pradesh ousted in January. This verdict CM Tuki.
becomes all the more embarrassing for the Central At the end of the session, Tuki was ‘defeated’ in a
government because it came two months after the floor test and the ‘House’ ‘elected’ Kalikho Pul as the
apex court reinstated the Congress government in new Leader of the House. The same day, the Speaker
Uttarakhand. issued an order disqualifying 14 rebel Congress
The court strongly indicted Governor JP Rajkhowa’s MLAs. The following day, Speaker Rebia moved the
decision to bring forward the session of the legis- High Court. On 5 January 2016, Justice BK Sarma of
lative assembly to December 16, 2015 – from its the Gauhati High Court stayed the disqualification of
scheduled date of January 14, 2016 – and held that the 14 Congress MLAs. The Speaker’s plea for his
his action was illegal and unconstitutional. Further, case to be heard in another court was turned down,
it said the governor cannot direct a speaker (in this prompting him to approach the Supreme Court.
case the deputy speaker) on how assembly proceed-
ings should be conducted, and fix the agenda for the President’s Rule
house – namely to take up a resolution for the re- Arunachal Pradesh was placed under president’s rule
moval of the (Congress’s) speaker as the first item. on January 26, 2016. However, during the course of
the hearing of a batch of petitions filed by speaker
The Genesis of the Crisis Nabam Rebia, Tuki and others challenging the im-
On December 9, a group of rebel Congress MLAs position of president’s rule, the proclamation was
approached Governor JP Rajkhowa, seeking to im- revoked on February 19. On the same day, the rebel
peach Assembly Speaker Nabam Rebia. The rebel Congress MLA Kalikho Pul was sworn-in as the new
MLAs were upset with Rebia, who is a cousin of chief minister with the support of 18 dissident Con-
Chief Minister Nabam Tuki and seen as being in his gress MLAs, two independents and 11 BJP MLAs
camp, because they said he was trying to get them who gave the government outside support.
disqualified from the Assembly. Though the Assem-
bly was not in session, Governor Rajkhowa agreed Supreme Court Verdict
it was an urgent matter. Since the Assembly was On January 15, the apex court had referred the entire
originally slated to convene only on January 14, the batch of petitions filed by the Speaker against the
Governor called for an emergency session of the As- Deputy Speaker and others to a Constitution Bench,
sembly on December 16, 2015, to take up the im- which examined the scope of the discretionary pow-
peachment motion. As the Congress approached the ers of the Governor. The final verdict came on July
High Court and later the Constitution bench of the
Guide
13th when the Supreme Court’s five-judge Constitu- rival political parties. Further, it said the action of
tion bench quashed the President’s rule in Arunachal the governor in bringing the political situation to the
Pradesh. In this way, the seven-month-old political president’s notice in his monthly communications
and legal battle in Nabam Rebia and Bamang Felix may have well been justified. But it was clearly be-
vs Union of India and others came to an end. yond the scope of the governor’s authority to engage
through his constitutional position and exercise his
The case first came to the Supreme Court as a Spe-
constitutional authority to resolve the issue.
cial Leave Petition (SLP) by the former Arunachal
Pradesh house speaker, Nabam Rebia, and the Con- The bench said that the governor has no role what-
gress Chief Whip in Arunachal Pradesh, Bamang soever in the removal of the speaker (or deputy
Felix. They questioned the Governor’s decision to speaker) under Article 179 of the Constitution. The
hold the assembly one month early in December question of adoption or rejection of a notice of res-
2015, which led to political instability. The chief olution for the removal of the speaker is to be de-
minister, Nabam Tuki, could not prove his majority termined by the legislators. If the resolution for the
in the House, as a result. The Deputy Speaker then speaker’s removal is supported by a simple majority
removed the Speaker, by holding a session called by of the members of the house, the motion has to be
the Governor, and annulled the disqualification of 14 adopted and the speaker removed. Any action taken
rebel MLAs by the Speaker on 14 December 2015. by the governor, based on disputations with refer-
The Supreme Court’s five-judge constitution bench ence to activities in which he has no role to play, is
heard the matter for one full month, and reserved its liable to be considered as extraneous. The court also
judgment on 22 February. said it is not for the governor to schedule the func-
tioning of the assembly and it is not in his domain to
A five-judge constitution bench of Justices JS Khe-
schedule the agenda of the house. According to the
har, Dipak Misra, Madan B Lokur, PC Ghose and NV
bench, the governor has no role with reference to the
Ramana in its 331-page verdict unseated Pul as chief
proceedings in the assembly and must keep away
minister and ordered the “status quo ante as on De-
from all that goes on within the House.
cember 15, 2015”, thus clearing the way for Tuki to
return as chief minister. Justices Khehar, Misra and
Lokur gave three different but concurring verdicts. Governor’s Discretion scrutinized
The bench quashed the Gauhati high court order that Article 163(2) says that a Governor’s constitutional
upheld Rajkhowa’s discretionary powers to summon use of discretion should not be called into question
or advance a sitting of the Arunachal Pradesh assem- if there is uncertainty about whether he’s allowed
bly. It also quashed the orders passed by the deputy to exercise that discretion. If any question arises
speaker removing the disqualification order passed whether any matter is or is not a matter as respects
by the speaker on the rebel MLAs. Writing the main which the Governor is by or under this Constitution
judgment, Justice Khehar held that the governor did required to act in his discretion, the decision of the
not have power to bring forward an assembly ses- Governor in his discretion shall be final, and the va-
sion without the aid and advice of the chief minister lidity of anything done by the Governor shall not be
and his council of ministers. If the governor had any called in question on the ground that he ought or
doubt about the majority of the Tuki government, the ought not to have acted in his discretion.
best course of action is to have ordered a ‘floor test,’ The bench, however, held that this provision does
which he did not do. not mean what it possibly seems to say. “Accept-
ing the above position will convert the Governor into
Severe Indictment of Governor an all-pervading super-constitutional authority,” the
According to the bench, the governor must keep bench held. The reason, according to the bench, is
clear of any political horse-trading and unsavoury that the Governor has not been assigned any signif-
political manipulations. Who should or should not be icant role either in the executive or the legislative
a leader of a political party is a political question, functioning of the State. Taking the overall harmo-
to be dealt with and resolved privately by the polit- nious construction of the provisions of the Consti-
ical party itself. The bench was of the view that the tution, the bench again relied on originalism for an
governor should not make such issues a matter of answer. The Constituent Assembly debates on the
his concern. It also said the provisions of the Con- draft Article 143, which was renumbered as Article
stitution do not give the governor the authority to 163 later, came to the rescue.The bench also relied
resolve disputes within a political party or between on the Sarkaria and Punchhi Commission reports on
Guide
centre-state relations, to conclude that unlimited undermine constitutional and democratic norms.

discretion of the Governor cannot be inferred from Instead of following the advice laid down by the Su-
Article 163(2). preme Court in the SR Bommai case, the Governor
acted in a partisan manner. When it appeared that
Restoration of Status Quo the government has lost majority, he should have
The Supreme Court restored the situation to the sta- asked the CM to prove his majority on the floor of
tus quo as it was on 15 December 2015. It effectively Assembly. Instead, he went ahead and convened the
means that, according to the law, subsequent events Assembly raising an important Constitutional issue
were unconstitutional and never happened, such as that has Governor got the power to convene an as-
the Governor’s decision to advance the assembly sembly without the advice of Council of Ministers?
session from 14 January 2016 to 16 December 2015. He further directed the Assembly to take up the mo-
Therefore, the President’s rule imposed on 26 Janu- tion to remove Nabam Rebia first.
ary in the state and its revocation on 19 February to The issue raises the question of incongruity of the
swear-in a rebel Congress leader, did not even come post of Governor in a Federal setup. What constitu-
up for scrutiny in the judgment (again, because the tional purpose does it serve other than providing em-
judges declared that the Governor’s discretion in ad- ployment to aging politician, retired bureaucrat and
vancing the assembly session was unconstitutional police official? The crisis has reignited the debate of
(violating Article 163 when read with Article 174 of implementing the recommendations of the Sarkaria
the Constitution), therefore examining subsequent Commission that gives a very rational guideline on
events was not required). The judgment therefore the issue of the appointment of Governor. The politi-
quashed the Governor’s order. cal class should discuss the role of governor in a fed-
eral setup threadbare and how does the institution
Conclusion of Governor advance federalism, if any. Otherwise,
The political system, despite time to time guidelines the office will continue to be abused by the ruling
from the Supreme Court, has remained susceptible dispensation at the Centre.
to maneuverings by vested interests who seek to
Improving governance and delivery

“Governance should be designed as an equalizer” Jimy Carter
Weak governance perpetuates evils in the society. responsibilities of state are often substandard and
If the power is abused or exercised in a weak or im- are infeor in quality. There is accountability deficit
proper ways, those at the bottom of pyramid in the at levels. The bureaucratic apparatus in the country
society with the least power- the poor are most likely values rules and processes more than the final out-
to suffer. Weak governance further marginalizes the comes and social objectives. “Lick up and kick below
vulnerable sections of the society. Weak governance culture” has infested the bureaucracy and public
compromises the delivery of services to those who functionaries. Whimsical, arbitrary and partisan per-
need them the most. Poor governance generates and formance appraisals have almost become a norm in
reinforces poverty and destabilizes the efforts to re- the bureaucracy. Non performing civil servants leave
duce poverty and inequalities. Thus strengthening a little choice to the politicians but to resort to pop-
governance is an essential precondition for improv- ulist, rhetoric and sectarian strategies.
ing lives of the poor.
One of the major issues with the governance and
Governance in India is marred by various weak- delivery is that fact that there are no indicators to
nesses. The delivery of goods and services which are quantify the quality of a public good or service deliv-
Guide
ered by public agency. Secondly the entire focus of districts should be mapped using this index. Central
the government and public agency is on controlling and state governments should create an annual fund
the inputs rather than monitoring the outcomes. Till to augment the plan resources to those states and
date there is no scientific way inculcated to measure districts (respectively) which agree to improve the
the social objectives and satisfaction of the stake- governance on the lines suggested. Likewise the
holders for the delivered public goods and services. service conditions of the civil servants and other
state functionaries should also be linked with the
Improving governance and delivery social outcomes.
The first step to improve the quality of governance To improve the delivery of services, the “outward ac-
is quantification. The concept of good governance countability” is quintessential. By outward account-
needs to be translated into the quantifiable annual ability, I mean to say that apart from the governmen-
index on the basis of certain agreed social and fiscal tal departments that involved in regular monitoring
indicators. The performance of public functionaries and evaluation of the public projects and schemes
at the states and districts should be judged on this the other stakeholders should also be involved. The
quantifiable index. The performing public functionar- report of Comptroller and Auditor General (CAG)
ies, states and districts must be incentivized. must not be the sole criterion to judge a project or
Certain social indicators like Infant Mortality Rate scheme. There should be provisions for user sur-
(IMR), Maternal Mortality Rate (MMR), Sex Ratio, veys, investigative journalism, media access, exter-
electrification of rural households, connectivity of nal monitoring, citizen report card, public opinion,
the all weather roads, accessibility to primary health Panchayat audits etc. Social audits can be an impor-
care centers etc should be the components of this tant means to understand the relationship between
index. Like fiscal indicators like revenue deficit, fiscal the resources used and the achievement of social
deficit etc should also be incorporated in the index. objectives. The efficiency and the effectiveness of
The comprehensive performance of the state and the public schemes or projects must be measured
along with equity.
Social Dimension of Globalization

The social dimension of globalization refers to the sector and its replacement with private sector
impact of globalization on the life and work of peo- means that the access of people to employment,
ple, on their families and their societies. Concerns capital and social services like education, hous-
and issues are often raised about the impact of ing and health services will be much less. The
globalization on employment, working conditions, structural adjustment policies of the national
income and social protection. Beyond the world of government involving the relinquishing of eco-
work, the social dimension encompasses security, nomic activities from the public sector into the
culture and identity, inclusion or exclusion and the hands of the private sector, i.e., the state moving
cohesiveness of families and communities etc. In away from economic planning and leaving eco-
this section let us see some of the social dimensions nomic decisions to the market, will result in the
of globalization. withdrawal of social protection to the public. Re-
ducing social benefits in order to reduce payroll
a) Withdrawal of National Government from
fringe costs to increase competitive ability leads
Social Sector
to “social dumping” which means a process that
The liberalization of the economy resulted in a lowers production costs through low wages and
general reduction in the role of the State in eco- substandard social conditions. This has been re-
nomic governance. The reduction in the govern- flected in the Government’s policies which has
ment’s economic role reflected in a decline in the been constantly trying to reduce the size of cur-
public spending. The consequence of the reduc- rent expenditure by reducing expenditure on pen-
tion in the role of the government and the public sions, subsidies etc.
Guide
b) Labour Reforms and Deteriorating Labour c) Feminisation of Labour

Welfare Women have entered the labour force in large
Deregulation and privatization of state enterprises numbers in countries that have embraced liberal
have been key components of structural adjust- economic policies. Women are being preferred
ment programmes introduced by International by investors for as they can be engaged at lower
Financial Institutions as conditionalities attached wages and are considered to be less aggressive
to aid packages to developing countries and for than men in demanding higher wages or other
the acceleration of economic liberalisation. La- facilties. The highest absorption of women has
bour market deregulation has been an important been witnessed in the export oriented industrial
feature of the structural adjustment programme. sector. This is especially the case in the export
There has been explicit deregulation, whereby for- processing zones and special economic zones
mal regulations have been eroded or abandoned and in those labour intensive industries that
by legislative means, and implicit deregulation have relocated to developing countries in search
whereby remaining regulations have been made of cheap labour. Investors have demonstrated a
less effective through inadequate implementation preference for women in the soft industries such
or systematic bypassing. Such deregulation has as apparel, shoe- and toy-making, data process-
been based on the belief that excessive governing, semiconductor assembling industries that
ment intervention in the labour market through require unskilled to semi-skilled labour.
such measures as public sector wage and em- Nevertheless this did not ensure a better sta-
ployment policies, minimum wage fixing, and em- tus for women in any way. The informal sector
ployment security rules is a serious impediment where women were absorbed in large numbers
to adjustment and should therefore be removed along with globalisation offer very poor labour
or relaxed. States around the world has felt com- conditions. The conditions are worsened by out-
pelled to ease labour standards, modify tax regu- sourcing and contractor system. Such industries
lations and generally relax standards of security where women were mostly engaged happened to
and oversight in the bid to attract more and more be highly labour intensive, service oriented and
FDI. This progressively lowered labour standards. poorly paid. In many countries workers in the ex-
The big corporate companies like TNCs and MNCs port processing zones find unionisation and col-
have evolved a vendor system of subcontracting lective bargaining nearly impossible. In call cen-
for their production. The companies give out their tres in India women comprise an estimated 40%
work to labourers, through contractors, who in of the workforce.
turn deliver the output to the company. This re-
d) Poverty
sults in job insecurity of the labourer and wors-
ening of labour welfare since there is no checking Opening up of economies was primarily visual-
system for their welfare. The current pace of glo- ised as a mechanism where trade would function
balisation also results in casualisation or informal- as “an engine of growth” and the fruits of growth
isation of the work force causing low wages for would “trickle down” to the poor. However, the
labourers and less job security, although it created results have been mixed, with many countries ob-
employment opportunities to some of the work serving widening inequalities in their economies.
force. The growth of the informal sector means The internalizations of trade has opened up vistas
that the traditional employment related benefits for globalisation of production, creating profound
and mechanisms of protection are not available to changes in the labour market, such as widening
those employed in this sector. Increased mechani- wage disparity, increasing contractualisation of
sation and use of new technology demand more work, skill-based segregation of work, etc. The
skilled labour and displace unskilled labour. The globalization and liberalisation policies resulted
new technologies and fast changing market – the in impoverishing more and more people of the
resultant features of globalisation – also tend to lower strata the world around. Industrialisation
make existing skills obsolete and require upgrada- and genetic engineering of food and globalisa-
tion, new skills and multi-skilling. It also opens up tion of trade in agriculture accelerated poverty in
new markets, which workers can reach by adapt- the agriculture-based nations of the world. The
ing existing or traditional skills. Liberalisation of globalisation of non-sustainable industrial ag-
the economy has in some sectors caused loss of riculture adversely affected the incomes of the
employment without creation of new employment. farmers of the developing and least developed
Guide
sulted in more and more exploitation of ground
countries through a combination of devaluation

of currencies, increase in costs of production and water through tube-wells since these crops need
a collapse of commodity prices, all resulting from more water. The over exploitation of the ground-
the liberalisation of the economy. water in turn resulted in the depletion of ground
water level leading to famines and poverty. The
In India the first generation reforms concentrated
high yielding hybrid seeds are vulnerable to pest
on the industrial economy and the agricultural
attacks resulting in more use of pesticides. The
and rural sector were neglected. In the urban
indiscriminate use of chemical-based fertilizers,
sector the large metropolitan cities are the most
especially subsidised fertilizer, has created an
immediately affected from liberalization and glo-
imbalance between the essential mineral con-
balisation, with significant changes in land use
tents such as Nitrogen and Pottasium. This has
and work patterns. The claims made in the be-
adversely affected the natural fertility of the soil
ginning of reforms that they are going to bring
as well as the quality of food being produced as
about employment growth does not seem to be
excessive use of fertilizers and pesticides is mak-
true. Though some jobs in the skilled sector, par-
ing it contaminated. The export oriented policy
ticularly computers and IT have been created, this
of the Indian government in the fisheries sector
has not helped to solve the problem of unemploy-
opened up the waters of the Exclusive Economic
ment. Economic liberalisation and globalisation
Zone to MNCs and TNCs for fish trawling. This
had a direct impact both on rural and urban pov-
resulted in the indiscriminate destruction of the
erty. The substantial changes the institutional ar-
marine eco system and the livelihood of the tradi-
rangement for rural credit, a key factor in helping
tional fishing community.
the poor to escape poverty, due to the reforms in
the banking sector have gone against the inter- f) Migration and Urbanization
ests of the rural poor. The unsustainable develop- Migration is not a new phenomenon. People
ment practices also lead to the impoverishment have always left their homes in search of better
of the poor. The decline in social sector expendi- economic opportunities, both within and outside
ture or stagnation in social sector expenditure in their own homeland. But the current pace of eco-
proportion to GDP also went against the interests nomic globalization has put a new spin on global
of the poor. In urban areas, the large scale private migration, causing global up rootedness and hu-
investment, both foreign and Indian, led to the ac- man displacement on an unprecedented scale.
quisition of city lands which in turn affected the Migration for most of the people is not a choice
poor, mainly slum dwellers, hawkers, destitutes, but an economic necessity mainly because of the
street dwellers as they were pushed out of the unequal development between nations, and be-
city to the peripheries which are marked by de- tween rural and urban centres. In India, migration
generation with low value employment and poor is more due to push factors wherein the rural ar-
living conditions. eas do not offer employment opportunities to the
e) Unsustainable Development Practices people and they are forced to migrate to the cities
for better employment. Indstrialization coupled
Sustainable development is defined as devel-
with globalization has increased the pace of ur-
opment that meets the needs of the present
banization. Urban labour markets offer opportuni-
generation without compromising the ability of
ties to switch jobs rapidly, diversify incomes, and
future generations to meet their own needs. Un-
become upwardly mobile with a very low asset
der this definition development is not just limited
base and skills although there is a lot of variation
to economic growth but is made to encompass
in the rate of urbanization around the world.
environmental protection, and an equitable distri-
bution of wealth and resources with the goal of Economic growth based on the expansion of
improving and raising the standards and quality manufacturing industry, a trade mark of current
of living for everyone. The development practices globalization, tends to be associated with higher
followed the world over during the globalization rates of urbanization while growth based on the
era marked by a high level of market competitive- expansion of agriculture is associated with the
ness often seemed to follow unsustainable devel- reverse. This rapid pace of urbanization has cre-
opment practices. ated its own problems and cities have not grown
up in ways as it should have been. Slums have
For instance, in India the replacement of native
come up in almost every major city for housing
seeds by imported hybrid seeds or cash crops re-
Guide
manity such as land, water, wildlife, aquatic life,

the poor and low wage workers of industries.
Some of these have themselves become centres mineral resources became commodities in the
of manufacturing where various items are manu- present globalisation process at the cost of the
factured in unhygienic and unhealthy conditions. lives and livelihoods of vast majorities around the
Slums could hardly be said be habitable but peo- world. This may result in environmental devasta-
ple are forced to live in these places because of tion, social displacement, wiping out of cultural
non availability of appropriate accommodation; and biological diversity. Also, the centralised
a situation created by rapid migration of people management of natural resources imposed by
from rural to urban areas. As per draft mission trade and investment agreements does not have
document of National Urban Livelihood Mission space for intergenerational and intragenerational
under the Ministry of Housing and Urban Poverty sustainability.
Alleviation, population residing in urban slums h) Rising Inequality in Wealth Concentration
has been estimated at about 93 million. As per Globalization is a very uneven process, with un-
data provided by Census, 2011, 3% of the urban equal distribution of benefits and losses. In the
population does not have an exclusive room for ongoing process of globalization investment re-
living, while 32% live in one room house. About sources, growth and modern technology are fo-
29.4% of the urban population does not have accused in a few countries such as North America,
cess to tap water and 18.6% do not have latrine Europe, Japan, and the East Asian countries,
facility within the house. 7.3% of urban popula- which are the newly industrialized countries of
tion still does not have access to electricity. This the world. The majority of the developing coun-
aspect of urbanization can hardly be accepted tries are excluded from the process and partici-
and brings with itself a host of economic, social pating in marginal ways that are often detrimental
and environmental problems. to their interests. Globalization affects different
g) Commercialisation of Indigenous Knowl- categories of countries differently. While growth
edge and expansion is visible in fully participating
The globalisation process invades territories, countries, moderate and fluctuating growth is
habitats and resources of indigenous people, seen in some countries attempting to fit into the
which may lead to destruction of their way of life. new globalised framework and marginalization
Big corporate entities get access to indigenous and deterioration are experienced by many coun-
knowledge and patent it for their gain and profit. tries unable to get out of acute problems such as
The result can be that the indigenous people and commodity prices and debt. The uneven and un-
the rest of the humanity will have to pay for ac- equal nature of the present globalization process
cess to the knowledge that will thus have been is manifested in the fast growing gap between
commercialised. Pharmaceutical corporations world’s rich and poor people and between devel-
in the United States of America under the aus- oped and developing countries and in the large
picious of Human Genome Diversity Programme, differences among nations in the distribution of
are patenting the indigenous people themselves. gains and losses. Polarization among countries
They monopolise the use of seed, medicines and has also been accompanied by increasing income
traditional knowledge systems and human ge- inequality within countries.
nomes. Even the life supporting systems of hu-
Guide
Media in Indian Democracy

As per Article 19(1) (a) of the Constitution of India, fused to frame guidelines for media reporting for
all citizens shall have the right to freedom of speech court cases. In a recent judgment in September, 2012,
and expression. However, this freedom is not ab- a Constitution Bench of five judges said when there
solute, as Article 19(2) also speaks of power of the was conflict between two rights - right to dignity and
state to frame laws for imposing reasonable restric- right to presumption of innocence guaranteed under
tions in the interests of the sovereignty and integrity Article 21 and right to free speech under Article 19 -
of India, the security of the State, friendly relations the right to free speech must give way to right to life
with foreign States, public order, decency or moral- as in India, the right under Article 19(1) (a) was not
ity, or in relation to contempt of court, defamation an absolute one. To protect the rights of the accused,
or incitement to an offence. In a democratic form of the Court evolved the ‘Doctrine of Postponement’ in
Government, media is an important tool available to which the higher judiciary could impose a temporary
the people against the power of the state and is usu- freeze on the reporting of a case under trial.
ally referred as the fourth estate of democracy along
with executive, legislature and judiciary. Matters relating to security concerns
The advent of electronic media has completely During the terrorist attack on Mumbai, the media
changed the scenario of reporting. Now we have 24x7 beamed live images of various encounter sites and
news channel beaming news from all over the country. action being taken by the security forces. This live
However, like any other technological development, it coverage gave the terrorists important information
has its own merits and demerits. While constant avail- about the movement of the security forces, which
ability of news in visual form is a positive develop- the terrorists used to their advantage. This action
ment, the flip side is that due to the nature of the me- was criticized by the Supreme Court. A bench of Jus-
dium and due to cut throat competition, the channels tices Aftab Alam and C K Prasad said that “The shots
do not get enough time to verify a number of news and and visuals that were shown live by TV channels
hence errs at times which adversely affects the rights could have also been shown after all the terrorists
of a number of people. Some of the controversial is- were neutralized and the security operations were
sues about the electronic media are as under: over. But in that case, the TV programmes would not
have had the same shrill, scintillating and chilling
Media trial effect and would not have shot up the TRP ratings
of the channels.”
In many cases, the electronic media has shown sto-
ries on basis of allegations leveled against a person
or on the basis of legal proceedings. While media Social Responsibility
claims that they are reporting a factual position, the The content of news channels has invited criticism
effect of such a broadcast is that the person is con- and it has been alleged that these channels are air-
sidered to be a criminal prior to a verdict by a Court ing programmes with the sole aim of increasing TRP.
of Law. Subjects like films and cricket are prominent sub-
jects and if these prove insufficient in increasing the
In October, 2005, Naresh Pal, an employee of Pusa
TRP, then excerpts of soap operas and reality shows
Agricultural Institute was accused by his niece
from entertainment channels of the same group
of raping her. She called a media channel which
are roped in to improve the TRP. Obviously, this is
promptly aired the news. The accused committed
at the expense of serious issues facing the country.
suicide along with his wife. In his suicide note he
Apart from this, most of the channels broadcast pro-
stated that his niece has made allegations of rape
grammes about astrology or some other mysterious
against him although he was impotent and he was
methods to solve the problems of people. At the time
ending his life as he cannot face the humiliation.
of every major festival or a solar/lunar eclipse we
This incident shows the lack of responsibility on part
can see a host of gentlemen trying to guide people
of media channel by not verifying the facts before
to prosperity or to save them from disaster. Needless
broadcasting the news.
to say, these solutions do not have any scientific or
Courts have taken an adverse view in the matter logical basis. This does not help in developing a sci-
though the Supreme Court in a recent decision re- entific and rational approach.
Guide
Sting Operation Regulation

Sting operations are the most controversial aspect Government of India sought to regulate the media by
of TV journalism. Some of these like Operation Wes- setting up an independent regulatory authority, i.e.
tend, exposing corruption in defense procurement Broadcasting Regulatory Authority of India under a
and Operation Duryodhana about MPs taking money proposed law “The Broadcasting Services Regulation
for asking questions in the Parliament, have done a Bill, 2007” which was amended in 2008. However, this
great service to the nation by exposing wrong peo- met stiff resistance from the media which favoured
ple. However, many of these are done to give a boost self-regulation. Hence, News Broadcasters Associa-
to the TRP without any consideration for ethics. tion was formed and News Broadcasting Standards
Authority was set up in 2008. The authority has laid
In the year 2007, a TV channel conducted a sting op-
guidelines for general reportage as well as specific
eration about a school teacher Uma Khurana, accus-
guidelines for a number of issues like security issues,
ing her of providing girls for prostitution. Violence
sting operations etc. The guidelines include the as-
erupted near the school after the news was aired.
pect of accuracy in reporting, impartiality neutrality
The teacher was attacked by a violent mob and her
and fairness, Law & order and crime and violence,
life was barely saved. She was arrested, suspended
good taste and decency, privacy, national security, su-
from her job and faced extreme humiliation. Later on
pernatural, occultism & paranormal, children’s inter-
it was proved that the sting operation was fake and
ests, racial & religious harmony and sting operations.
was at the behest of some colleague of hers who
wanted to settle personal scores. Although, the re- In the similar context, the honorable Supreme Court
porter was later arrested and faced criminal trial and in January 2017 held that the pre-broadcast or
the TV channel was banned for a month, the incident pre-publication censorship is not the business of the
raised serious ethical issues. court and that all grievances against objectionable
content will be dealt with in accordance with the
Few years earlier, a TV channel conducted a sting
law of the land after its publication.
operation to expose “casting couch” in the film in-
dustry in which film star Shakti Kapoor and TV actor
Aman Verma were supposedly ‘exposed’. ‘Casting Present Status
couch’ is more of a moral issue than a legal one. This The guidelines for self-regulation of content by me-
raises questions about the rights of media to probe dia houses are not exhaustive probably because of
the questions of individual morality, which is a mat- the fear of affecting the independence of the media.
ter of individual perception and differs from person These guidelines leave the field open for interpreta-
to person. Another question that arises is, whether tions. Guidelines say that reporting should be in pub-
the TV channel had any previous knowledge of ‘cast- lic interest, but leaves it open to the media channels
ing couch’ being practiced by these two. If not, then to have their own opinion about public interest as
what was the basis of selecting those two people per their convenience. Moreover, there is no trans-
who were themselves at the margin of film indus- parency about conducting sting operations. Apart
try? At the end of the day, nothing concrete came from this, the contents of most of the news chan-
out of the sting as no person was charged for any nels reflect a great taste for populism which diverts
illegality. As the regards the existence of the prac- attention from main issues. Apparently, self- regu-
tice in film industry, despite the fact that the industry lation has remained only on paper. Government reg-
does not boast of high standards in sexual morality, ulation of media would be very unfortunate as would
the channel proved nothing, as it could not bring out deprive the society of a very powerful tool. However,
any instance in which film roles were given on this to maintain its independence, the media will have to
basis. However, this did create a sensation and TRP self-regulate itself not only in letter but also in spirit
of the channel must have definitely shot up during and would be required to have same standards of
the period. professional ethics and morality which it so strongly
demands from other sections of the society.
Guide
Electoral Reforms
Holding of regular elections is the foundation of a has not been able to make any impact. One reason
representative democracy like ours. However, in or- for this is that considering the present judicial sce-
der to be the democracy to be participatory in true nario, it is difficult to prove charges against a pow-
sense, it is of utmost importance that the elections erful politician. Another reason is that the political
held are free and fair and reflect the true will of the parties which give tickets to such candidates do not
people. However, our experience of more than 60 have legal liability.
years has shown us that a number of malice have
In this regard, the Election Commission has pro-
entered our electoral politics which is hampering the
posed that those persons against whom charges
true voice of the common people in reaching our leg-
have been framed by a Court for an offence punish-
islative institutions. Criminalization of politics, ex-
able by imprisonment of five years or more, should
cessive use of money power, misuse of government
be disqualified from contesting the elections. As a
machinery, regulation of conduct of political parties,
precaution against lodging of false case just prior to
non-availability of option of negative/neutral voting
the elections, it has also been suggested that only
and delay in adjudication of election disputes are
cases in which charges have been framed before six
some such prominent issues.
months prior to the elections should be taken into
The issue of electoral reforms has been taken up a account for that election.
number of Commissions and Committees like the
Goswami Committee on Electoral Reforms (1990), Funding of elections
Indrajit Gupta Committee on State funding of elec- Excessive use of money in elections is another prob-
tions (1998), Vohra Committee Report (1993), Law lem area. Section 77 of Representation of People’s
Commission Report on Reform of the Electoral Laws Act and Rule 90 of the Conduct of Election Rules
(1999), National Commission to review the Working prescribe maximum limits for the expenditure in the
of the Constitution (2001). Election Commission of Parliamentary and State legislatures. However, the
India has also proposed certain electoral reforms concept of limit has been assailed on two grounds.
in the year 2004 while the Second Administrative Firstly, it is said that the limits prescribed are un-
Reforms Commission has also deliberated upon the realistically low (limit for parliamentary constituen-
issue in its report in the year 2008. However, despite cies of bigger states such as Uttar Pradesh is Rs.25
these detailed deliberations these problems con- lakhs). Second aspect is that despite this criticism
tinue to plague the Indian electoral system. most of the candidates in their statement of expend-
iture claim that they have spend only 45% to 55% of
Criminalisation of politics the limit. Both these statements are contradictory.
Participation and winning of elections by a candidate However, this becomes possible because Section
having criminal background is the most evident prob- 77 of the Representation of People’s Act mentions
lem of the Indian electoral politics. As per a report the expenditure as that done by the candidate or his
prepared by ADR India, 15% of the candidates con- agent. This brings in the possibility of expenditure
testing last Lok Sabha elections had criminal cases not being reported under the claim that this is not
pending against them. Out of these 608 candidates, done by the candidate or his agents. Hence prescrib-
have criminal cases of serious nature. Almost all ing of limits does not seem to have served any pur-
the major political parties fielded these candidates pose.
and a large number of such candidates contested
However, excessive use of money in elections causes
as independents as well. The above said report also
problems in the basic functioning of the democracy.
states out of 543 elected candidates 162 have crim-
National Commission on Review of Working of the
inal cases pending against them.
Constitution has pointed out that high cost of elec-
Presently, Section 8 of the People’s Representation tions “creates a high degree of compulsion for cor-
Act, 1951 provides for disqualification of persons ruption in the public arena”, and that “the sources of
convicted for certain offences. The disqualification some of the election funds are believed to be unac-
is operative for a period of six years after the punish- counted criminal money in return for protection, un-
ment has been served. However, as the previously accounted funds from business groups who expect
mentioned figures would clearly indicate, the law a high return on this investment, kickbacks or com-
Guide
missions on contracts, etc.” and also that “Electoral tion of political parties to reduce mushrooming of

compulsions for funds become the foundation of the political parties.
whole super structure of corruption.”.
Regulation of conduct of political parties is one of
State funding of elections has been suggested as a the most important aspects of the electoral reforms.
solution to excessive use of money power. The mat- Political parties are an essential requirement in a
ter was considered by Indrajit Gupta Committee re- representative democracy and being the reposito-
port which agreed with the proposal for state fund- ries of political power, it is important to decide how
ing but stated that in view of economic conditions these parties should conduct their internal affairs.
only partial funding can be done. Law Commission Election Commission has suggested that the parties
also considered the issue and said that even partial should publish their accounts annually, and should
state funding should be done only after setting up be legally required to get their accounts audited an-
a mechanism for regulating the functioning of par- nually by the auditors approved by the Comptroller
ties including aspects related to internal democracy and Auditor General. Apart from these, there is the
and auditing of accounts. Hence the concept of state issue of internal party democracy. The issue has been
funding of elections should be seen in context of discussed by the Law Commission in its report in the
transparency in internal functioning of the political year 1999 and National Commission on Review for
parties without which state funding whether com- the Working of the Constitution. Both of them have
plete or partial is not likely to serve its purpose. supported the concept of internal democracy in the
political parties.
Misuse of Government machinery
The issue of Government sponsored advertisements Adjudication of election disputes
just before the elections is an example of misuse of Section 80 and 80A of the Representation of Peo-
Government resources. These advertisements, on ple’s Act, 1951 provides that an election petition
the pretext of giving information to the public are ac- can be filed only in the High Court. Although Section
tually aimed at influencing the voters. This gives the 86(7) of the said Act provides that endeavor shall be
ruling party an undue advantage over other parties made to conclude the trial within six months from
and candidates at the expense of the Government. the date on which the petition is presented to the
In this regard, the Election Commission has pro- High Court. However, the back log of the cases with
posed that for six months prior to the date of expiry the High Court makes it impossible to decide these
of the term of the House, there should be a ban on case in these limits and cases drag on for years and
advertisements on achievements of the Government in a number of cases final conclusion takes place
but advertisements/dissemination of information on after the term of the representative is over. Special
poverty alleviation and health related schemes could benches have been suggested to hear election re-
be exempted from the ban. There is also the practice lated cases to expedite them.
of putting up banners and hoardings in public places,
depicting achievements of governments. This should Other issues
be banned, if possible. Otherwise, there should be • Election Commission has also proposed to in-
specific provisions that name or symbol of any polit- crease the security deposit of the candidates to
ical party or photograph of any of the leaders of the deter non-serious candidates from contesting the
party should not appear on such hoardings/banners. elections. The Commission has also suggested an
amendment in Section 34 of the RP ACT, 1951 to
Regulation of conduct of political parties empower the Commission to prescribe the secu-
Presently, the process for being registered as a rity deposit before every election to the House of
political party is very simple and once a party gets the People.
registered it remain registered in perpetuity as there • Presently, a person can contest from two constitu-
is no process to deregister it. As per data available encies in a single election. In that case, if he wins
with the Election Commission, about 1100 political from one seat, bye-elections have to be held for
parties contested the last Lok Sabha elections and the other. In this regard the Election Commission
there are many more which are only registered but has taken the view that law should be amended
do not contest elections. Election Commission has to provide that a person cannot contest from
suggested that the Commission should be empow- more than one constituency at a time. In case the
ered to regulate registration as well as de-registra-
Guide
provision to facilitate contesting from two con- for Election Commissioners. Election Commission
stituencies is to be retained, the law should be has sought this safeguard in respect of Election
amended to provide that if a candidate wins both Commissioners.
seat and has to vacate one, then he should have
to deposit in the Government account an appro- Conclusion
priate amount of money being the expenditure As the successive Committees and Commission have
for holding the bye-election. The amount could pointed out, electoral reforms are of utmost impor-
be Rs.5,00,000/- for State Assembly and Coun- tance for bringing transparency and purity in public
cil election and Rs.10,00,000/- for election to the life. Ministry of Law and Justice has constituted a
Lok Sabha. Core Committee, which has held a number of con-
• In order to ensure the independence of the Elec- sultations, with individuals and groups, on various
tion Commission, Article 324 of the Constitution issues related to electoral reforms. However, as the
provides that the Chief Election Commissioner report has not been submitted yet, the stand of the
cannot be removed from office except in the man- Government and other stakeholders on these issues
ner prescribed for removal of a Supreme Court will be clear only after the Committee submits its
Judge. However, no such protection is available report.
Urbanization: Issues and measures

Introduction: milestone, Russia is at 71% and China with around
One of the phenomenal characteristics of the 21st 50% of urbanization, India only stands with meagre
century is- unabated migration from the rural area 31% of urbanization.
to the urban areas. This ‘rural-to-urban migration’
is not only confined to a certain geographical ter- Facts about urbanization in India:
ritory but is taking place all over the world. To put Among all the States and Union territories, the Na-
in a perspective, projections show that urbanization tional Capital Territory of Delhi and the Union ter-
combined with the overall growth of the world’s pop- ritory of Chandigarh are most urbanized with 97.5
ulation could add another 2.5 billion people to urban percent and 97.25 percent urban population respec-
populations by 2050, with close to 90 percent of the tively, followed by Daman and Diu (75.2 percent) and
increase concentrated in Asia and Africa, according Puducherry (68.3 percent).
to a new United Nations report.
Among States, Goa is now the most urbanised State
India also is not untouched from this global phenom- with 62.2 percent urban population, a significant
ena and has been witnessing rampant rural-to-ur- increase since 2001 when urban population of Goa
ban migration for several years now. The extent was 49.8%. Another significant instance of rapid ur-
has reached to an unmanageable level and being banisation is that of Kerala, its urban population is
manifested as massive problems in India’s urban- now 47.7 per cent, while a decade ago it was just
ized places such as unlivable cities, traffic conges- 25.9 percent. Among the North-Eastern States, Mi-
tion, water and air pollution, lack of housing and zoram is most urbanised with 51.5 per cent urban
less workplace for non-skilled and semi-skilled mi- population, though in terms of absolute contribution
grants. In backdrop of this, the government of India, to total urban population in the country, Mizoram’s
for the first time has exclusively recognized Indian contribution is just 0.1 percent. Similarly Sikkim,
cities as the “growth-engines” of Indian economy which was just 11.0 urbanised a decade ago be-
and therefore put special efforts to revamp the ur- came almost 25 percent urbanised in 2011. Among
banization in India in its newly unveiled ‘Urban De- major states, Tamil Nadu continues to be the most
velopment Policy’. In India, the quantity and quality urbanized state with 48.4 percent of the population
both of urbanization is still low. Compared to BRICS living in urban areas followed now by Kerala (47.7
group, where Brazil has surpassed 80% urbanization per cent) upstaging Maharashtra (45.2 percent).
Guide
Issues in Urbanisation: ticularly for the poorest of the poor, who may

Issues in urbanisation in India could broadly be clas- not be able to afford a home even with these
sified under following sub-heads: incentives. With the 74th amendment to In-
dia’s constitution and the Jawaharlal Nehru
 Poor Public service delivery in Urbanised National Urban Renewal Mission (JN-
areas in India: NURM)- now renamed as Atal Mission for
•
Lack of infrastructure: Indian cities are go- Rejuvention Urban Transformation (AM-
ing under enormous changes. All major metro RUT), and first dedicated framework for hous-
cities have been seeing massive inflow of mi- ing-”Housing for all 2020” India took the
grants from all over the country. However, the first steps toward affordable housing. Going
physical infrastructure such as housing, public forward, the central government has to play
transport, waste management, environment a catalytic role accompanied by a supporting
conservation, etc. remain on the same age- package of incentives. States should recognize
old pattern and there is insufficient capacity that starting early on the urban transformation
augmentation in Indian cities. This shortage will give them competitive advantage, attract
of infrastructure has also given born to many investment, and create jobs.
socio-economic problems such as increasing
slum areas, urban-poverty, skyrocketing re- Governance of urban cities:
al-estate corruption, pollution, traffic jams, Since the early 1990s Government of India has un-
inequity etc.. dertaken numerous initiatives aimed at improving
• Poor basic services delivery: The basic urban governance. The 74th Constitutional Amend-
services delivery system has not been very ment Act (CAA) was one such initiative, which rec-
effective. Many important cities in India has ognized urban local bodies (ULBs) as the third tier of
been crippling with irregular delivery of basic urban government by assigning them specific civic
services such as electricity, drinking water, functions. The important provisions specified in the
sanitation, affordable housing etc. Act include constitution of three types of municipali-
• Planning: India needs to make urban plan- ties, devolution of greater functional responsibilities
ning a central, respected function, investing and financial powers to municipalities, adequate
in skilled people, rigorous fact base and inno- representation of weaker sections and women in
vative urban form. This can be done through a municipalities, regular and fair conduct of municipal
“cascaded” planning structure in which large elections, and constitution of Wards Committees,
cities have 40-year and 20-year plans at the District Planning Committees, Metropolitan Planning
metropolitan level that are binding on munic- Committees and State Finance Commissions.
ipal development plans. Central to planning In the last two decades the enactment of 74th CAA
in any city is the optimal allocation of space, has produced mixed results in decentralizing the
especially land use and Floor Area Ratio (FAR) power to the grass root in the urban centers. There
planning. Both should focus on linking pub- has been full compliance in respect to the provisions
lic transportation with zoning for affordable like constitution of the local bodies, reservation of
houses for low-income groups. These plans the seats for the weaker sections and women, in-
need to be detailed, comprehensive, and en- stitutional arrangements and formal elections. On
forceable. the flip side the gross irregularities are observed
• Affordable housing: Affordable housing is in other provisions of the 74th CAA like constituting
a particularly critical concern for low-income the ward committees, district planning committees
groups—in the absence of a viable model that and metropolitan planning committees. Many states
caters to their needs, India can meet the chal- have does not have proper arrangements to transfer
lenge through a set of policies and incentives funds, functions and functionaries to the urban local
that will bridge the gap between price and af- bodies.
fordability. This will enable a sustainable and The financial powers of the urban local bodies are
economically viable affordable housing model often not in the consonance with the powers and
for both government housing agencies and as the functions delegated to them. As per the 74th CAA
well as private developers. India also needs most of the state governments have set up the State
to encourage rental housing as an option par- Finance Commissions (SFCs) to recommend the rev-
Guide
enue sharing arrangement for the local bodies. How- ban poverty has never been treated among major
ever most of the SFCs have formulated the fiscal policy problems in India. The urban poverty has
packages without access to the clear directives on also given born to other problems such as child
the functional jurisdictions of the urban local bodies. labour, increased juvenile crimes, law and order
It has resulted into a gross mismatch between the problems, organized and unorganized crimes etc.
functional responsibilities and resource generation • Urban divide: A number of studies from the
capacity of the urban local bodies. World Bank and MoUD have been highlighting
In most of the states the executive functions of the the fact the inequality has spread in urban areas
urban local bodies are vested in the hands of the more rapidly compared to urban areas. Today,
Commissioners. The Commissioners are the govern- there is considerable difference among rich and
ment officials and not the elected representatives. poor; literate and illiterate; skilled and non-skilled
Thus they are accountable to the state government workforce; in urban areas. This gap has widened
and not to the people. This is the most prominent in absence of meaningful government interven-
stumbling block in decentralization of power to the tion and rapid degradation of environment and
people. climate change. Any urban rejuvenation program
must take note of this fast spreading inequality in
Apart from the grey areas in the implementation of urban cities.
the 74th CAA, there are various policies issues as
well related to the urban governance. Since inde- Environment challenge in urbanisation:
pendence we are perusing a restrictive urban policy.
Rapid urbanization has caused wide spread environ-
The public policies instead of allowing urban areas
mental degradation in the country. The government
to grow at their natural pace have often tried to re-
has conceded that despite imposition of regulatory
strict them. Also the pace of urbanization is not uni-
measures, the magnitude of pollution from industrial
form across the country. The bigger urban areas are
sources in the country has not shown any apprecia-
growing at much faster pace vis-à-vis the middle and
ble decrease during the last two decades. Increase
smaller urban areas. Nonetheless the governmental
in pollution levels in urban areas is also fuelled by
policies are nearly homogeneous in context of the
ever-growing traffic. . The number of registered
urban areas and are unable to address this differen-
automobiles in the country, mostly concentrated in
tial pace of growth.
the cities, has increased from 1.87 million in 1971
The municipal laws in India are very old have be- to 5.39 million in 1981 and 62.03million in 2016.
come outdated. These laws often do not enable the These figures show an extraordinary high annual
urban local bodies to implement reforms. There are (exponential) growth rate while the urban popula-
various stake holders that are involved in urban gov- tion grew only by about four-seven percent annually
ernance like central government, state governments, during this period. Thus, the growth in the number
local bodies, NGOs, international agencies, funding of vehicles per capita in the past 22 years has been
agencies, research agencies etc. To avoid the dupli- very high in the country. These vehicles contribute
cation and overlapping of various functions there is the most to air pollution levels. Poor maintenance of
an immediate and dire need of the coordination be- vehicles and traffic congestion have been found to
tween these stake holders. be critical factors of air pollution problems in urban
areas. Most vehicles do not confirm to permissible
Socio-economic Issues in Urban areas: emission limits.
• Urban poverty: In recent time, urban poverty has In all of ten major cities of India, there has been a
increased considerably in India. Urban poverty in substantial increase of the suspended particulate
India is over 25 percent; some 81 million people matter (SPM) in the air, which suggests the pres-
live in urban areas on incomes that are below the ence of dust and carbon particles coated with toxic
poverty line. At the national level, rural poverty gases. The highest level of SPM is reported to be in
remains higher than urban poverty, but the gap Delhi and Kolkata. The high levels of air pollution in
is closing. The nature of urban poverty poses dis- Indian cities are largely attributable to incomplete
tinct challenges for housing, water, sanitation, combustion of diesel and leaded petrol, particularly
health, education, social security, livelihoods and in case of two- and three-wheelers, which use inef-
the special needs of vulnerable groups such as ficient two-stroke engines and indirect fuel injection.
women, children and the aging. However, the ur- Rapid urbanization together with other associated
Guide
problems of shelter and provision of infrastructural At this critical juncture, when the entire world seems

facilities has caused a pernicious effect on the concerned about environment degradation and cli-
eco-stability of the country. mate change impacts, India needs to pay sincere
attention to environment conservation, especially
Yet, another serious problem is related to treatment
in its urban areas if it intends to march in climate
of sewage collection and disposal of waste materi-
change negotiations as a global leader.
als. Hardly any city in India has 100 percent sewage
collection treatment and waste disposal facilities.
The untreated and partially treated wastewater ul- Conclusion:
timately contaminates rivers, lakes and reservoirs The best thing that happened early in this 21st cen-
causing manifold pollution problems. Rivers pass- tury is - government has acknowledged the impor-
ing through cities such as Ganga, Yamuna, Krishna, tance of the urbanisation issues in its mainstream
Kaveri, Godavari, Hoogly, Damodar, Kshipra, Gomti, policy discourse. The smart city project along with
Mahanadi, Narmada, Tapti, Betwa, etc. are reported other initiatives such as AMRUT, HRIDAY, and HOUS-
to be heavily polluted. Urbanization had also en- ING FOR ALL 2020 are good attempt to improve the
hanced the solid waste problem in the country. With situation in urban areas.
the present culture of use and throw and increasing The solution, however, to the rapid and successful
use of biodegradable packing material, the quantity urbanisation would depend critically on land and
and composition of waste is likely to change in the housing policy reforms, delegation of power to urban
coming decades. local bodies, fostering innovative housing finance,
Indian cities also have serious problem of noise pol- effective measures to safeguard environment and
lution. It is considered to be a very big health hazard. the reduction in project costs and schedule overruns.
Noise affects man physically, psychologically and Additionally, planned urbanisation and other initia-
socially. Intense noise or long stay in a noisy environ- tives of the government should ensure that towns
ment can cause permanent reduction of hearing sen- and cities are free from slums and also simultane-
sitivity by damaging sensory organs of the inner ear. ously provide for adequate opportunities for gainful
It can also influence blood circulation, cause stress employment as also an optimum quality of life to all
and other psychological effects and could also be an citizens, including the marginalised sections of so-
accident risk by drowning warning signals. ciety.
Net Neutrality
Net Neutrality: Meaning and nuances The principle of Net Neutrality argues that no bit of
Internet Service Providers (ISPs) or telecom com- information should be prioritized over another. This
panies are accredited to offer data services. They implies that an information network such as the in-
broadcast data packets generated by the users or, ternet is most efficient and useful to the public when
more precisely, by the users’ computers. What is in it is less focused on a particular audience and in-
the packets is treated as content — video, audio, stead attentive to multiple users. In normal parlance
text or pure data — and is generally not the subject there should be no differential pricing and/or differ-
matter of the telecom regulations. ential speed (quality) on internet. Simply speaking,
the principle of net neutrality demands that telecom
The original architecture of the internet was pro- service providers should not discriminate between
posed as being agnostic to the quality of the doc- data packets based on source, ownership or content.
uments and files (data) that are being accessed. So, The principle is essential to maintain a level playing
no matter where the content is located, the digital field on the Internet by ensuring all content is equally
network shall try to maximize the speed and give accessible to the public.
users the shortest route of access to that data. Net
Neutrality reinforces the same.
Guide
So if you are accessing your result from the U.P.S.C services and cannot charge its users differently for
website or talking to your friend on Watsapp, the In- the data that they consume. This would mean faster
ternet Service Provider (ISP) should not differentiate Internet traffic for those who can afford to pay the
between the two and ideally should try to maximize premium and slow connections for the rest. Another
the speed and give the shortest route of access to threat would be that bigger firms can use their mus-
the data at the same price. cle to dominate at the cost of smaller firms. Moreo-
ver, to debilitate the internet companies which offer
O.T.T Services and VoIP Telephony: The close substitute of conventional telephony at lower
bone of contention price is anti-developmental and against the interests
of the users.
At the centre of Net Neutrality debate are the issues
pertaining to over the top services (OTT) and Voice
over Internet Protocol (VoIP) Telephony. OTT or over-
The real story
the-top refers to applications and services which Telecom companies have two major revenue sources
are accessible over the internet and ride on ISP net- i.e. conventional telephony (voice and SMS) and
works. The best known examples of OTT are Skype, internet data. Two-third of internet users in India
Viber, WhatsApp, e-commerce sites, Ola, Facebook accesses the internet through their mobile phones.
messenger. Thus for telecom companies the internet data gen-
erates substantial revenues. The telecom operators
The OTTs are not bound by any regulations therefore lobby has not offered any evidence that data ser-
they have grown in leaps and bounds. Many small vices do not generate enough revenue; instead fig-
and big companies across the globe are coming up ures show revenues growing at a dizzying pace. In
with innovative internet based applications to make fact, even voice and SMS traffic in India is growing.
our lives easier and better. Many such applications The recent high auction price of spectrum shows
have not just made our life easier but have made the that the telecom sector has enough revenues. Yes,
businesses and processes more efficient, cost effec- some drop has taken place in international calling.
tive and transparent. But as a matter of fact they all But has it not been more than compensated by an
are facilitated by the infrastructure of ISPs for deliv- increase in revenues from data services.
ering values. Telecom players have an eye on their
profits and are lobbying for the same. They look at As a matter of fact the telecom companies have full
the huge success of a number of Internet companies autonomy to set their own rates for voice and data.
with a jaundiced eye, and feel that since they “sup- So if they are of the view that data is cannibalizing
ply” the basic infrastructure, they deserve the share the revenue shares of conventional telephony, rather
in booty. than compromising with Net Neutrality they have an
option to increase the overall price of this segment.
One of such OTT services is VoIP telephony. The
companies like Viber, WhatsApp etc now offer calls If Net Neutrality is compromised, either explicitly or
and data transfer at much lower rates vis-à-vis the implicitly, the small companies would be at a really
conventional telephony and SMS services which are disadvantageous position. This would sap the inter-
the major sources of revenue for the telecom compa- net innovation which has become new buzz word in
nies. The telecom companies are extremely skeptic countries like India. A large number of small compa-
about the same. They have complaint that these OTT nies would die unnatural death because they won’t
services which rely on their infrastructures ironically have enough monies to offer to telecom companies
cannibalize with their revenue shares. There is a for preferential treatment. They would not be able to
direct conflict of interest in the telecom companies compete with the big multination companies whose
and VoIP telephony applications. To counter this, website and applications would open at much faster
these companies have demanded that the users of speed on internet.
such services, applications and websites should be In long run the aim of telecom companies and policy
charged extra in order to maintain the level playing makers should be to make joys of internet available
field. to every Indian at most affordable price. For this a
Nonetheless, this is against the basic premise of Net substantial investment is required in the infrastruc-
Neutrality which argues that that no bit of informa- ture and bandwidth. If net neutrality is desecrated,
tion should be prioritized over another. It insists that telecom operators would have a headstrong incen-
the internet has to be uniformly neutral to all the tive to not expand their infrastructure or bandwidth.
Guide
Once bandwidth is choked, bigger Internet players those offered by Skype and WhatsApp. the broad-

will be willing to pay network operators to speed up band networks provided by incumbent TSPs are used
their packets on the virtue of the others. We should as a platform by the OTT players for the development
stand against this. of new businesses. The growth of traffic apart, the
OTT applications have created an increasing demand
India should focus on what it will take to make
for faster broadband speed, which translates into a
broadband accessible for everyone.
need for huge investments in network up-gradation
At the heart of the net neutrality debate is the really by the TSPs.
cheap Voice-over-Internet-Protocol (VoIP) calls like
Community Based Development

Community based organizations: regarding freedoms of association and speech; help-
Meaning ing to enhance the accountability and transparency
of government and local government programs and
Community based organizations (CBOs) are a subset
of officials.
of civil society organizations which work within a
local community. A primary characteristic of these
Need for Community Based Development
organizations is that these are promoted, owned and
managed by primary stakeholders for whom devel- Strategy
opment initiatives are meant for. These work on di- In many countries, limited government success in
verse issues like education, health, gender equality managing natural resources, providing basic infra-
and many other similar issues relating to problems structure, and ensuring primary social services has
and development of the community. Their field of ac- led to the search for alternative institutional options.
tivity is similar to that of NGOs in the sense these In recent years, a shift has occurred away from sup-
are actual implementers of some of the programmes ply-driven toward demand-driven approaches, and
of the NGOs. Organisational and managerial skills from central command-and-control to local manage-
of such organizations do not match those of NGOs. ment or co-management of resources and services.
Funding of the most of their programmes is either This shift is intended to increase efficiency, equity,
internal or by the Government directly or through empowerment, and cost effectiveness. One of these
NGOs. In rural areas these groups assist in a number options is community based development. The ex-
of development programmes. In urban areas, apart perience in community based development is sub-
from other specific types these are also found in the stantial, both about what works and what does not.
form of Resident Welfare Associations. From this experience it is clear that there is no single
model appropriate for all places and times. Support-
Together with the NGOs these form the Non-Profit
ing community based development on a large scale
Organizations which play an important role in the
requires new institutions which support:
local development of the area. These organizations
help by providing goods and services - especially • adoption of goals and processes which strengthen
meeting needs which have not hitherto been met the capacity of a community, its networks or
by either the State or by the private sector; assist- groups, to organize and sustain development and
ing the government achieve its development objec- its benefits;
tives - in particular through contributing skills for • reorientation of bureaucracies to support commu-
which NPOs have comparative advantage, such as nity empowerment and investment in social cap-
public information, education and communications ital through user participation in decision making
campaigns, or providing information about the sit- including rule formulation; and
uations and needs of particularly vulnerable groups;
• achieving a match between what people in a
helping citizens to voice their aspirations, concerns
community want and are willing to pay for and
and alternatives for consideration by policy makers,
manage, and what agencies supply.
thereby giving substance to governments’ policies
Guide
Experience also shows that community based devel- be able to identify the boundaries of the resources.
opment does not automatically include marginalized This is particularly important with common margin
groups, the poor, women or ethnic minorities unless property resources such as rangeland, watersheds,
their participation is specifically highlighted as a fisheries, and woodlots. If people do not know what
goal, both at the agency and community levels. Com- resources they are responsible for, they cannot be
munity based development is concerned with the in- expected to manage those resources rationally.
volvement of local stakeholders in decision making.
If people in communities are to take initiative, be Nature of the Benefits
creative, learn, and assume responsibility for their Collective action is easier to stimulate when bene-
own development, they must be actively encouraged fits are quick, visible, and local, when they accrue
to participate. This requires building into policies only to those who participate, and when they are
and projects features which enable people’s par- felt to be proportionate to contributions. Benefits are
ticipation. In order to encourage community based affected by ownership, tenure and land use rights.
development on a large scale, it is important to first If benefits from participation in conservation meas-
understand the dynamics at the household, group, ures such as forestry, fisheries, or wildlife protection
or community levels. Based on this understanding, accrue only at the district or national level, local
what needs to happen to support community action communities have little incentive to participate. For
can be defined at successively higher and more dis- this reason, clean up of rivers and lakes is difficult to
tant levels. Community based development requires induce through collective action. The long gestation
reversing control and accountability from central period before benefits accrue in forestry and tree
authorities to individuals, groups, and communities. planting projects is a disincentive to investment, par-
Success is dependent on tapping into local needs ticularly when combined with insecurity over tenure.
and creating local ownership, management (rules, Projects which have provided access to fodder, non
control, authority, and responsibility), and organi- timber forest products, and firewood while timber
zational capacity. The challenge facing agencies is is actually maturing have generally been more suc-
to “reinvent themselves so that they can support cessful than those which relied solely on promised
community involvement, participation, and capacity timber benefits. If the resource does not lend itself
building for sustained change. Community based to quick, visible and localized benefits, community
management on a large scale requires fundamental based development should not be attempted unless
changes in the policies, incentives, and structures of strategies can be developed that provide quick, visi-
agencies. This has costs, but when done properly, ble benefits without violating a demand orientation.
the benefits are considerable. When results are induced artificially by agency ini-
Community based development is not an appropriate tiated short cuts, they may be counterproductive to
strategy for every situation. Three factors influence collective action. Communities may justifiably ask
the prospects for participation. These need, there- themselves why they should do the difficult work of
fore, to be considered prior to adopting a community organization, negotiation, and resource mobilization
based approach. These three factors are the nature themselves, when there are easier ways of getting
of the good or service, the nature of benefits, and the the same results.
nature of the task.
Nature of the task to be Performed
Nature of the Good or Service Community based development is dependent on
Collective action is necessary to ensure a flow of ser- action and change at the community level. This re-
vices or goods when their provision or management quires a clear goal orientation, definition of tasks
is not attractive to the profit making sector, when to be performed at the community level and agreed
resources are scarce, or collectively owned or man- upon outcomes at the community level (both physi-
aged. In such cases, the resource or service must cal and capacity building). Among the task charac-
be managed so that those who do not contribute teristics which must be considered are specificity,
or follow rules can be denied access. This ability to coordination, and continuity.
regulate access is critical for success and is usually Community based development is being used by the
determined by a combination of technological and Government of India in a number of programmes. It
social factors, such as organization, social pressure, has the advantage that it encourages participation
and the ability to impose sanctions. People must also from the local people. Community Based Organiza-
Guide
tions are an important stakeholders in most of the villages of Uttaranchal, which spearheaded Chipko

schemes implemented through NGOs. Apart from movement are also community based organization
implementing Govt schemes some of these organi- working for environmental conservation. Importance
zations have functioned independently. Cooperatives of community based organizations has been specif-
working in a particular field are one such example. ically recognized in the environment and ecological
Self Employed Women Association (SEWA) has conservation where local communities have collec-
got hundreds of cooperatives and rural producers tively made efforts to protect their environment.
groups under its fold. Mahila Mangal Dal formed in
Empowerment: Meaning and Nuances

The concept of development has considerably Max Weber has talked about three types of author-
changed in recent times. From the earlier concept of ity, which have three distinctive bases of legitimacy.
economic development, stress is now on expanding For example, the rational legal authority draws its le-
the social base of democracy and development. This gitimacy from the established rules and procedures,
requires mobilization of people’s initiative in devel- traditional authority from the established values,
opment process. The concept of ‘empowerment’, in norms, mores, customs, traditions etc., and charis-
this context, assumes considerable significance. It matic authority from the personalized capacity or
is acquiring a wider connotation implying strength- aura. While one talks of the process of distribution/
ening the capacities of individuals and making them redistribution of authority or in that sense legitimized
participate in the development process. Civil society power, one naturally questions not only the bases of
as an important part of the socio-political and public legitimacy for the authority, but also the societal ar-
administrative framework is emerging as a new and rangements through which power relations are oper-
important factor in the processes of development. ated. Following the same logic, powerlessness has
Empowerment of hitherto marginalized groups - also been legitimized within the given social order.
those deprived in social, economic, political, admin-
‘Empower’ in the literary sense means to confer
istrative and cultural terms - is featuring as a major
powers. This would mean that the term refers to the
issue in development discourse.
power that can be bestowed by one person or the
World Bank defines empowerment as the expansion society or the Government on another person or a
of assets and capabilities of poor people to partici- group of persons (may be Class Group, Caste Group,
pate in, negotiate with, influence control, and hold Religious Group or Gender based Group) as the case
accountable institutions that affect their lives. No may be. The assumption is that a group (men, elite,
doubt, therefore, empowerment is essentially a po- rich or the propertied class) has ‘power’ over another
litical process. Central to the concept of empower- group (the landless, labour class, ethnic minority or
ment are four core elements: access to Information; women) and the former are able to exercise control
inclusion and participation; accountability; and local in some way on the actions or options of the latter.
organized capacity and subsequent networking with Such a control can be overt through coercion, phys-
wider movement groups to create a climate of pres- ical control of economic assets and use of force or
sure on the holders of power. The centrality of the it could be hidden and subtle through psychological
notion of empowerment is located in the dynamics processes influencing the groups in such a way as
of sharing, distribution and redistribution of power, to restrict the range of options perceived by them
which has a basis of legitimacy. or to enable them to perceive the offered options as
their own desire. Thus, this group of people is denied
In the sociological sense of Max Weber, power is
power and influence in the dominant society. This,
one’s capacity to have control over others; and as
over a period of time, internalizes the message that
such, when this capacity to control is legitimized,
the dominant group gives out, as their own option for
it becomes authority. Indeed the logic of empower-
their survival. When control becomes internalized,
ment essentially involves the dynamics of authority.
Guide
over a period of time, overt exercise of power does radical transformation in social practices in a society
not remain a necessity any longer. Hence the pro- where money has retained a “ceremonial character
cess of empowerment would mean conferring some that is obligatory and effective”, as described by
powers upon persons or a group of persons who Mauss. In rural India, it would also mean breaking
were hitherto not enjoying this power. The empow- up of “Jajmani” system. Empowering women would
erment has to be through legal means. The process challenge the ‘patriarchal’ structure of the society
of empowerment challenges the power structures of where conferment of property rights, particularly
subordination and hence at certain times invites the land title, and literacy were considered to be the
ire of those at the higher end in the power structure. domain of upper caste male members of the society.
NUANCES OF EMPOWERMENT Economic Empowerment

Objective of empowerment of certain section of the Indian economy has traditionally been agrarian and
society is to grant them those rights which would self sufficient with a caste based division of labour.
make them equal with other persons or social This resulted in economic disparities among sec-
groups. Hence, empowerment is aimed at equality. tions of the society. Economic empowerment implies
In order to achieve equality, we also need to under- the provision of training and employment-cum-in-
stand in what areas the equality is to be achieved. come generation activities with both “forward” and
These areas then could be considered for empower- “backward” linkages with the ultimate objective of
ment. In this we need to address those areas where making community economically independent and
equal treatment can be given to all, i.e. before law, self reliant. It would also mean conferring, through
equal and inalienable rights, equal freedom or moral policies, onto the economically deprived sections the
equality, full political equality (as equal universal strength that would alleviate their poverty, improve
suffrage), social equality (as equal status and con- their living standards and help in generating assets.
sideration regardless of class or wealth) and equal
opportunity (as equal access and equal start). These Political Empowerment
are enshrined in different Articles in the Indian Con-
stitution which guarantees them. There are four es- Political empowerment means conferring the rights
sential areas that need to be addressed to achieve to decide the priorities of development best suited
“equality”. to the individuals, groups of people or to the soci-
ety and to the people themselves. Power in such an
event would flow “bottom-to-top” with weaker sec-
Social Empowerment tions having equal say in decision making.
Social empowerment means removal of all the ex-
isting socially induced inequalities, disparities and Cultural Empowerment
other persisting problems besides providing easy ac-
cess to basic minimum services. Social change is a This is a complex area that revolves around the be-
dynamic process and when a section of society, par- liefs, values, language, art and customs which char-
ticularly the weaker sections like the SCs/STs and acterises the society. The cultural mores take more
women, is to be conferred the right to property, liter- time to change and the “cultural lag” tends to slow
acy and equality in the political process, it results in down the empowerment process.
Guide
Dynamics of religion in India

Religion is an important aspect of every society. It complained that they are constantly looked upon
affects the society in two ways, one by its internal with a great degree of suspicion not only by certain
functioning and secondly, its adjustment in a mul- sections of society but also by public institutions and
ti-religious society. This is all the more true of Indian governance structures.
society because of its religious pluralism. Increase in
One of the major questions that come up in the
education and awareness have put an end to many of
report is that of Muslim identity. Marks of the
the superstitions and evil practices associated with
Muslims, the burqa, the purdah, the beard and the
the religion. As regards the multi-religious nature
topi, while adding to the distinctiveness of Indian
of Indian society, people in general are tolerant of
Muslims have been a cause of concern for them
other faiths. Problems have arisen when religion has
in the public realm. Muslim identity affects every-
been used for political gains. In this field, situation
day living in a variety of ways that ranges from
has not changed much since independence. Politi-
being unable to rent/buy a house to accessing
cians have retained their reliance on religion. Some
good schools for their children. Buying or renting
groups claim to be the supporters of the minority
property in localities of one’s choice is becoming
community while others have raised the issue of mi-
increasingly difficult for Muslims. Apart from the
nority appeasement. The rhetoric raised by leaders
reluctance of owners to rent/sell property to Mus-
of these parties has led to communal violence which
lims, several housing societies in “non-Muslim”
has resulted in huge loss of life and property.
localities ‘dissuade’ Muslims from locating there.
This has created suspicion between the followers of Muslim identity also comes in the way of admitting
the dominant Hindu religion and the minority com- their children to good educational institutions. This
munity, particularly the main minority community, has given rise to a number of Muslim denomina-
the Muslims. The suspicion has affected the social tional schools, which according to some, are the
fabric of the country. Majority of Muslims continue only source of good education for Muslims today.
to live in ghettos which have developed for the pur- A large majority of Muslims would apparently pre-
pose of safety as well as desire for self aggregation fer to send their children to ‘regular mainstream’
for cultural homogeneity. Juhapura in Ahmedabad is schools. It was argued that while setting up of
an example of this ghettoisation. Earlier a small sub- denominational institutions is a right of minorities
urb, its population has swelled to about four lakhs under the Constitution, it was not meant to become
due to the influx of the Muslims after the 2002 ri- their only option.
ots. Even well-to-do Muslims moved to this area for
Many suggested that gender issues in the Commu-
safety and for non availability of the houses in better
nity are also given a Muslim slant. To the exclusion of
areas.
all other aspects of a Muslim woman’s life (income,
The Government of India appointed Sachar Commis- jobs, education, security and even caloric intake),
sion which studied various aspects connected with the rules of marriage, right to divorce and mainte-
the Muslim community. The committee submitted nance have become the benchmarks of a gender-just
its report in 2006. According to the report, the gen- existence. The obsessive focus on select cases of
eral sense of unease among Muslims can be seen Muslim women passionately discussed in the media
on a number of fronts, in the relationships that ex- results in identifying the Muslim religion as the sole
ist between the Muslims and other Socio-Religious locus of gender injustice in the Community. Muslim
Communities (SRCs), as well as, in the variations in parents often face overt discrimination from school
understanding and interpreting them. One aspect of authorities when trying to get admission or availing
this understanding relates to patriotism. They carry of scholarship schemes for their children. Small acts
a double burden of being labeled as “anti-national” such as lack of civility in behavior, rude questioning,
and as being “appeased” at the same time. While and an atmosphere which treats them and their chil-
Muslims need to prove on a daily basis that they dren as ‘second class’ citizens - all these combine to
are not “anti-national” and “terrorists”, it is not create a powerful deterrent, distancing the Muslim
recognized that the alleged “appeasement” has not community from the school system. Parents are less
resulted in the desired level of socio-economic de- likely to send girls (than boys) into such a hostile en-
velopment of the Community. In general, Muslims vironment.
Guide
The report points out inequalities in a number of Christianity is the next most followed religion of the
spheres like education, which have been attributed country. In general, relations between the Hindus
to poverty, lack of schools, low return from education and Christians are reasonably cordial. Though there
and certain school-based factors. Economic inequal- have been incidents of violence by the Hindu fanat-
ities exist in the form of low public employment and ics against the Christian missionaries on the issue
a similar situation in the public sector. Liberalization of conversion, it goes to the credit of the communi-
has adverse impact on Muslim artisans. Muslims are ties that this has not spoiled the relations between
usually engaged in unorganized sector which does the communities at large. Christian missionaries
not have any protection and impact of liberalization continue to work in various areas of the country in
has been more adverse for them. The traditional oc- fields of education, health and social service. Large
cupations of Muslims in industries such as silk and number of Hindu students in Christian schools point
sericulture, hand and power looms, the leather in- out to the mutual faith and understanding between
dustry, automobile repairing, garment making have the two communities. The next largest religious
borne the brunt of liberalization. The import of silk community, the Sikhs have traditionally remained in
from China and its debilitating impact on the silk in- harmonious relationship with Hinduism. In fact, both
dustry was mentioned in this regard. The emergence these religions have so intertwined that it is difficult
of the ready-made garment industry has thrown a lot to separate the two communities at the social level.
of tailors, mostly Muslims, out of business. Discrim- The only point of discord was the rise of militancy in
ination also exists in banking and credit facilities as Punjab and anti-Sikh riots in Delhi and other parts
well in others spheres. of the country. However, both the communities have
moved ahead and are living with the traditional har-
mony.
Intolerance Quotient (IQ)

The term “Intolerance” became the buzzword in the are deprived of the right to political and social equal-
year 2016. On a daily basis new stakeholders entered ity. Curtailment of freedom of belief and expression
its arena. Artists, writers, historians, filmmakers, in- is also a decisive component of Intolerant culture. In-
tellects, scientists and superstars have got involved tolerance exists when the state or society promotes
and have carefully picked the sides. The debate in- mono culture and a particular set of religious values,
itiated with one individual, Nayantara Sehgal, and mores, practices, identities and beliefs considering
snowballed into a protest movement. The support- these as the ultimate truth; while abhorring the
ers and detractors had firm logics to justify their re- other sets as erroneous and immoral.
spective stand. The incumbent government and its
Non-state actors and fringe elements can also per-
affiliates have their own version. They were of the
petuate intolerance. If the state tacitly empowers
view that this debate was artificially orchested with
them by tolerating and perhaps encouraging them,
vested interest by the opposition parties and their
they are able to exercise their intolerance.
proxies.
At this point, it’s also important to distinguish be-
Are all these protests and dissents politically or-
tween the societal and state intolerance. Indian so-
chestrated? Is this a manufactured revolt by Con-
ciety rests on the bedrock of the composite culture.
gress, Leftists and their proxies? Or we have actually
Tolerance, flexibility and peaceful coexistence have
become intolerant?
been the hallmark of Indian society since centuries.
This society cannot transform in just 18 months.
What is “Intolerance”? Thus the intolerance debate is essentially about the
For the better understanding of this complex issue, state intolerance. There have been several instances
let me theoretically define “intolerance” in context where the state (read government) has displayed in-
of plural democracy like India. A society or state can tolerance in the recent past and this triggered the
be considered intolerant if the groups or individuals debate. Dadri is a case in point.
Guide
What was different in Dadri? Reaction to intolerance debate

Communal violence and sectarian conflicts are not The government, its supporters and affiliates have
new to India. Since independence we have bear the adopted two prong strategies to counter the intoler-
pain of holocaust and bloodbath as a result of these ance debate.
conflicts. The most horrendous communal violence
First, all the protesters are termed as proxies of Con-
took place at the time of independence. In 1947, as
gress who belong to elite class and are covetous of
a result of communal violence, thousands of inno-
phenomenal rise of an ordinary “Chaiwala” to the
cent people lost their lives. Even leaders like Gandhi,
post of prime minister. Thus PM Modi is projected
Nehru, Azad and Patel were incapable to stop the
as a victim, who is maligned because of his hum-
same. No such debate of intolerance took place at
ble origin and his commitment towards the devel-
that time. Nobody protested and nobody returned
opment agenda. The government and its supporters
the award or honor. The prominent leaders along
also want people to believe that since PM Modi is
with the government at that time tried their level
getting extraordinary popularity in India and abroad,
best to promote peace and harmony, but failed to
intolerance debate is a political propaganda to defy
achieve so. However, in Dadri a single death created
this.
the political turmoil and elicited a protest movement
of Award Wapsi. Now the important question is Second, the government and its supporters want
what was different in Dadri? people to trust that intolerance debate is in the con-
text of Indian society rather than state (government).
Dadri was different because of the reaction of gov-
As a result, they label all those involved in the pro-
ernment. It was unusual because for the first time a
tests as anti-national, traitors, unpatriotic and sul-
cabinet minister of the Modi government was publi-
lying the image of brand India. The protesters are
cally more sympathetic towards the perpetrators of
also branded as disloyal and treacherous to Indian
the crime rather than the victim and his family. Ironi-
society which has produced them. The superstars
cally, his views were echoed by many in the govern-
like Shahrukh Khan and Amir Khan were loathed on
ment. Dadri was different in the way the Sangh Pari-
the similar grounds.
var and prominent faces of incumbent government
and BJP leadership like Sakshi Maharaj, Sadhvi Pra- We must understand that democracy cannot func-
chi, Yogi Adityanath and Sangeet Som justified the tion without constructive criticism and right to free-
lynching in the name of religion. Dadri was different dom of expression. There is a difference between
as the incumbent government who is the custodian the criticism of government and criticism of nation.
of constitutional ethos was keen to create cleavage Protests and Award Wapsi are criticism of govern-
in the social fabric on primordial identities. This had ment and not the criticism of India as a nation state.
never happened before. And of course, a Prime Min- In the words of Mark Twain, “Patriotism is support-
ister who is extremely extrovert (unlike his predeces- ing your country all the time, and your government
sor) and leave no chance to speak his “Man ki Baat” when it deserves it”.
preferred to be a mute spectator.
Dadri is not just an exception. Chief Minister of a The road ahead
BJP-ruled state recently asked all beef eaters in the If a section in the country is of the view that the gov-
country to leave for Pakistan. Likewise, the incum- ernment is becoming intolerant, instead of rolling
bent government and its right wing affiliates are the issue under the carpet in the name of nation-
found to be keen to promote mono-culture. Some alism etc the government should initiate a healthy
other examples where the incumbent government debate. This would strengthen democracy.
has displayed intolerance and promoted Hindutva
Terrorism is the greatest threat to the world order at
ideology include ban on meat-eating, beef contro-
this time. With the terrorist outfits like IS, Lashkar,
versy, the efforts for the introduction of Hindu texts
Al-Quaeda etc are keen to strengthen their base in
like the Gita and the Ramayana in schools as text-
India, the government must ensure that people of a
books and Hindutva ideologues to rewrite history
particular community and especially the youth do not
textbooks completely dismissing the rigorous work
perceive themselves to be alienated.
of professional historians.
Guide
Even many NDA allies in the recent Bihar elections Last but not the least, the way entire nation including
have expressed the concern that excessive promo- writers, intellects, filmmakers, superstars and above
tion of Hindutva by right wing affiliates of the incum- all the youth has got involved in the intolerance de-
bent government have backfired and was the major bate, the same fervor and enthusiasm should con-
reason for the poor show of NDA in the elections. tinue in future for relevant issues like criminalization
PM Modi should also understand that mandate that of politics, corruption and eradication of poverty.
he has received from his fellow countrymen in 2014
is to implement the development agenda and not to
uphold the schema of saffron brigade.
Supreme Court on Domestic Violence

The bench resorted to the “doctrine of severability” “adult male” relatives and others (non-adult, non-
and struck down only that part of Section 2(q) that male) does not bear a rational nexus to the object
created a distinction based on gender relating to of- of the Act. As such, the classification violates Arti-
fenders under the Act cle 14. Referring to earlier verdicts, the apex court
said “the microscopic difference between male and
In a landmark verdict in Hiral Harsora vs Kusum Har-
female, adult and non-adult, regard being had to
sora, the Supreme Court paved the way for prosecu-
the object sought to be achieved by the 2005 Act,
tion of any person irrespective of gender or age un-
is neither real or substantial, nor does it have any
der the Domestic Violence Act, ordered deletion of
rational relation to the object of the legislation.”
the words “adult male” from the statute book saying
The bench said that the words “adult male person”
it violated right to equality under the Constitution. A
were contrary to the object of affording protection to
bench of Justices Kurian Joseph and RF Nariman has
women who have suffered from domestic violence
widened the scope of the Domestic Violence Act by
“of any kind” and these words discriminate between
ordering deletion of the words “adult male” from it,
persons similarly situated, and are therefore far from
paving the way for prosecution of women and even
being in tune with, are contrary to the object sought
non-adults for subjecting a woman relative to vio-
to be achieved by the 2005 Act. It noted that the
lence and harassment. The apex court has ordered
legislative intent of providing effective protection
striking down of the two words from section 2(q) of
to rights of women could “easily be defeated by an
the Protection of Women from Domestic Violence
adult male person not standing in the forefront, but
Act, 2005, which deals with respondents who can
putting forward female persons” who could forcibly
be sued and prosecuted under the Act for harassing
evict a woman or defeat any other order passed un-
a married woman in her matrimonial home.
der the Act without fear of inviting prosecution.
In effect, it expanded the definition such that an
The bench resorted to the “doctrine of severability”
aggrieved woman can now file cases against other
and struck down only that part of Section 2(q) that
female relatives as well. So, for example, a mother
created a distinction based on gender relating to
can now file against a daughter and vice versa, a
offenders under the Act. “Application of the afore-
mother-in-law can file against a daughter-in-law,
said severability principle would make it clear that
and a woman can file against her brother’s wife.
having struck down the expression ‘adult male’ in
The Court’s central rationale for its decision was
Section 2(q), the rest of the Act is left intact and can
that the purpose of the Domestic Violence Act is to
be enforced to achieve the object of the legislation
protect women from any kind of domestic violence;
without the offending words,” it held.
that, limiting potential respondents under the Act to
only “adult males” defeats the purposes of the Act Dealing with the term ‘adult’, the bench said “it is
since it does not provide relief to women who are not difficult to conceive of a non-adult 16 or 17-year-
subjected to domestic violence by female relatives. old member of a household who can aid or abet the
Thus, the classification in Section 2(q) between commission of acts of domestic violence, or who can
Guide
evict or help in evicting or excluding from a shared non-adults for subjecting a woman relative to vio-

household an aggrieved person.” “Also, a residence lence and harassment, as well as a male member
order which may be passed under Section 19(1)(c) of the family.
can get stultified if a 16 or 17-year-old relative en-
In an earlier related judgement, the court had al-
ters the portion of the shared household in which the
ready held that a wife forcing his husband to live
aggrieved person resides after a restraint order is
separately from his family amounts to cruelty and
passed against the respondent and any of his adult
the husband is entitled to divorce (Narendra vs
relatives…”. The bench said that the term “adult
Meena). However, this Domestic Violence law or
male” contained in the Act was “discriminatory”.
Act has only enabled women, so far, to file domes-
tic violence cases against their husbands as well as
Background mothers and sisters-in-law on grounds of domestic
The major verdict came on an appeal against the violence.
Bombay High Court judgement, which had resorted
What a bench of Justices Kurian Joseph and RF Nar-
to the literal construction of the term ‘adult male’
iman settled in the prevailing law is that anyone who
and discharged four persons, including two girls, a
is an adult male or female or non-adult female or
woman and a minor boy, of a family from a domes-
male, if found to be harassing any member of the
tic violence case on the ground that they were not
family, is liable for prosecution, irrespective of gen-
“adult male” and hence cannot be prosecuted under
der or age. “Adult male person” may harass a female
the Domestic Violence Act.
in a family, but juveniles too, as sociology will prove.
There may be ‘aunties’ initiating nephews or cousins
Significance is far reaching and
or anyone. That is a different story.
resonating
Protection of women from domestic violence, com- Section 2(q) of Protection of Women
monly known as the Domestic Violence Act, will now from Domestic Violence Act, 2005
be Protection of Men also from domestic violence.
Section 2(q) of the Act reads: “‘respondent’ means
This follows a Supreme Court of India judgment with
any adult male person who is, or has been, in a do-
far-reaching consequences which set aside a portion
mestic relationship with the aggrieved person and
of the law which has been loaded in favour of only
against whom the aggrieved person has sought any
women in the name of gender justice. Striking down
relief under Domestic Violence Act.
the words “adult male” from section 2 (q) of the law
would now enable prosecution of women and even
Office of Profit
The expression “office of profit” has not been de- High Court judgments in the past have deemed the
fined in the Constitution or in the Representation of appointment of Parliamentary Secretaries unconsti-
the People Act, 1951. It is for the courts to explain tutional and have ruled against such appointments.
the significance and meaning of this concept
Discussion and controversy with regard to the office A brief history of judicial decisions on
of profit has again erupted in the recent days as the the post of Parliamentary Secretary
President of India rejected a proposed legislation • Various petitions in the High Court have chal-
by the Delhi government to exempt the post of Par- lenged the appointment of Parliament Secretary,
liamentary Secretary from the purview of office-of- arguing that the post is in contradiction to Article
profit. On 14 June 2016, Delhi Chief Minister Arvind 164 (1A) of the Constitution which provides for
Kejriwal reacted strongly to the President’s action. limiting the number of Ministers in the State Cab-
Delhi is not the only State where the post of Par- inets to 15 per cent of the total number of mem-
liamentary Secretary has been challenged. Various bers of the State Legislative Assembly.
Guide
• Because a Parliament Secretary often holds the the Schedule to the Parliament (Prevention of Dis-
rank of Minister of State, the Calcutta High Court, qualification) Act, 1959. The membership of bodies
in June 2015, quashed the appointment of 24 Par- listed in Part I of the same Schedule entails no dis-
liamentary Secretaries in West Bengal dubbing it qualification on the ground of holding an office.
unconstitutional.
• Similar action was taken by the Bombay High Disqualification in India and England: A
Court in 2009 for the appointment of two Parlia- comparison
mentary Secretaries in Goa and by the Himachal In England, there is no general theory that a disqual-
Pradesh High Court in 2005 for the appointment ification arises from holding an office of profit under
of eight Chief Parliamentary Secretaries and four the Crown. There disqualifications are specific and
Parliamentary Secretaries in the State. disqualification arises only when a person holds a
• In May 2015, the Hyderabad High Court stayed disqualifying office so declared under a parliamen-
the appointment of Parliamentary Secretaries in tary legislation. The position is, however, different
Telangana. The matter is sub judice in Punjab and in India as there prevails a general disqualification
Haryana. under the Constitution, but specific exemptions may
be granted from it under a law of Parliament. Hence,
Constitutional provision and its analysis it may be concluded that the drafters of the Indian
Clause (a) of Article 102 of the Constitution of India Constitution intended to exempt as less a number
says a person shall be disqualified for being chosen of offices of profit from not operating as ground of
as, and for being, a member of either house of Par- disqualification under article 102 (1)(a) as possible.
liament, if he holds any “office of profit” under the
Government of India or the Government of any State What is an office of profit?
other than an office declared by Parliament by law The expression “office of profit” has not been de-
not to disqualify its holder. Sub-Clause (a) of the said fined in the Constitution or in the Representation of
Article itself carves out an exception by empower- the People Act, 1951. It is for the courts to explain
ing the Parliament to declare (by law) certain offices the significance and meaning of this concept. Over
of profit as exempted from the operation of Article the years, courts have decided this issue in the con-
102(1)(a). text of specific factual situations.
The object of the provision is to secure independ- An office of profit means a position that brings to the
ence of the MPs and to ensure that Parliament does person holding it some financial gain, or advantage,
not contain persons who have received favours or or benefit. It may be an office or place of profit if
benefits from the executive and who consequently it carries some remuneration, financial advantage,
might be amenable to its influence. In other words, benefit etc. The amount of such profit is immaterial.
the provision appears to have been made in order
to eliminate or reduce the risk of conflict between Supreme Court on office of profit
duty and self-interest among MPs. This provision is
thus designed to protect the democratic fabric of the The Supreme Court of India in Ashok Kumar Bhat-
country from being corrupted by executive patronage tacharya vs Ajoy Biswas (AIR 1985 SC 211) held that
and also secures the independence of MPs from the to determine whether a person holds an office under
influence of the Government so that they discharge the Government, each case must be measured and
their functions without fear or favour. judged in the light of the relevant provisions and sec-
tions. A Constitution Bench of the Supreme Court in
India had the Parliament (Prevention of Disqualifica- Guru Gobind Basu vs Sankari Prasad Ghosal & others
tion) Act, 1950, 1951, and 1953 exempting certain (AIR 1964 SC 254) ruled that the decisive test for de-
posts from being recorded as offices of profit. All termining whether a person holds any office of profit
these Acts were replaced by the Parliament (Pre- under the Government is the test of appointment.
vention of Disqualification) Act, 1959. By virtue of There are several factors that enter into the determi-
section 3 of the said Act, certain offices did not dis- nation of this question such as: appointing authority;
qualify their holders from being members of either the authority vested with the power to terminate the
houses of Parliament. appointment; the authority that determines the re-
Certain offices were declared to be non-profit. A list muneration; the source from which the remuneration
of non-profit offices has been mentioned in Part II of is paid; the authority vested with the power to con-
Guide
trol the manner in which the duties of the office are suggest that the statute intended it to be a statu-

discharged and to give protection on that behalf. The tory corporation independent of the Government.
Supreme Court has further held that it is not neces- But it is not conclusive on the question whether
sary that all these factors must co-exist. The court it is really so independent. Sometimes, the form
also held that stress on one factor or the other would may be that of a body corporate independent of
depend on the facts of each case. the government, but in substance, it may be the
just alter ego of the government itself.
The same has been recently reiterated in the case
of Jaya Bacchan vs Union of India, where the court • The true test of the determination of the said
held thus: question depends upon the degree of control,
the government has over it, the extent of control
“An office of profit is an office which is capable of exercised by other bodies or committees, and its
yielding a profit or pecuniary gain. The court further composition, the degree of its dependence on the
held that, “for deciding the question as to whether government for its financial needs and the func-
one is holding an office of profit or not, what is rel- tional aspect, namely, whether the body is dis-
evant is whether the office is capable of yielding a charging any important governmental functional
profit or pecuniary gain and not whether the person or just some function which is merely optional
actually obtained a monetary gain. If the “pecuniary from the point of view of the government.
gain” is “receivable” in connection with the office
then it becomes an office of profit, irrespective of Conclusion
whether such pecuniary gain is actually received or
The Indian Parliament, unlike the British Parliament,
not.”
is neither omnipotent nor supreme. The British Par-
In Satrucharla’s case, the SC has summarized the liament is sovereign (supreme) in that it can make or
tests or principles, to determine whether or not a unmake any law and the laws so enacted are not to
person holds an office of profit under the govern- be tested against the backdrop of the Constitution.
ment, as follows: The situation is contrary in India. Thus, every law
made by the legislature must conform to the con-
• The power of the government to appoint a per-
stitutional requirements. The Courts (SC/HCs) in In-
son in office or to revoke his appointment at its
dia have been entrusted with the function (and also
discretion. The mere control of the government
conferred power in this regard) of denouncing the
over the authority having the power to appoint,
validity of a law, enacted by the legislature which
dismiss or control the working of the officer em-
attempts to transgress or actually transgresses the
ployed by such authority does not disqualify the
constitutional limitations, as ultra vires the Consti-
concerned officer from being a candidate for elec-
tution.
tion as a member of Legislature.
• The payment from out of the government rev- The Parliament by giving retrospective effect to its
enues is an important factor in determining legislation under Article 102(1)(a) transgresses the
whether a person is holding an office of profit or constitutional limitation against according (giving)
not of the Government. Though payment from a retrospective operation to such legislation under Ar-
source other than the government revenue is not ticle 102(1)(a) itself. It also destroys the fundamental
always a decisive factor. doctrines of separation of powers and parliamentary
form of government which constitute the basic fea-
• The incorporation of a body corporate and en-
tures of the Constitution.
trusting the functions to it by the government may
Guide
Supreme Court on Defamation

The court said it would be a stretch to say that up- ment of Article 21 of the Constitution and balancing
holding criminal defamation in modern times would of fundamental rights is a constitutional necessity
amount to imposition of silence and further the legislature in its wisdom has kept
the penal provision alive, it is extremely difficult to
It was a great setback to the liberals when the Su-
subscribe to the view that criminal defamation has
preme Court on May 13, in a judgment that holds
a chilling effect on the freedom of speech and ex-
far-reaching implications for political dissent and a
pression.” It further said that “The individual should
free press, upheld a colonial and pre-Constitutional
have all the rights under the Constitution but si-
law criminalising defamation. It has not gone well
multaneously he has the responsibility to live upto
with the liberals and human rights activists who have
the constitutional values like essential brotherhood
criticised the judgment as unprogressive and obscure.
– the fraternity – that strengthens the societal in-
The judgment came on a batch of petitions filed by terest. Fraternity means brotherhood and common
BJP leader Subramanian Swamy, Congress vice-pres- interest.”
ident Rahul Gandhi, Delhi Chief Minister Arvind
Kejriwal, and media associations, among others. A Grounds of attack on law of criminal
Bench of Justices Dipak Misra and PC Pant said the defamation under sections 499 and 500
reputation of an individual was an equally impor- of the Indian Penal Code
tant right and stood on the same pedestal as free
speech. The verdict dismissed apprehensions, raised • Damage to reputation is a private wrong. The re-
by personalities across the political spectrum and gime of criminal liability set up by Sections 499
media organisations championing the fundamental and 500 goes beyond the “reasonableness” re-
right under Article 19 (1) (a) of the Constitution, that quirement of Article 19(2).
criminal defamation may have a chilling effect on • These restrictions have a chilling effect on free-
the freedom to circulate one’s independent view. The dom of speech.
court said it would be a stretch to say that upholding • They create an anomaly whereby the threshold
criminal defamation in modern times would amount for criminal prosecution for defamation is now
to imposition of silence. The Court refused exhorta- possibly lower than the threshold for civil dam-
tions that penalisation of defamation is past its time, ages.
and the nation now risks the danger of being reduced • They provide public remedies for essentially pri-
to a “frozen democracy.” The Court held that crimi- vate wrongs; they go against the global trend of
nalisation of defamation to protect individual dignity decriminalising defamation.
of life and reputation is a “reasonable restriction” on
the fundamental right of free speech and expression. Criticism
“The right to reputation is a constituent of Article 21
The judgment actually comes from taking damage
of the Constitution. It is an individual’s fundamental
to reputation as a serious public issue. Law often
right,” Justice Misra observed.
depends on an underlying picture of what a society
“Mutual respect is the fulcrum of fraternity that as- should fear more. The judges look at Indian society
sures dignity. It does not mean that there cannot be and regard those who are worried about freedom of
dissent. It does not convey that all should join the expression. In the evolution of law, the trend is usu-
chorus or sing the same song. Indubitably not. One ally towards decriminalisation of more crimes and the
has a right to freedom of speech and expression. institution of civil remedies. India seems to be moving
One is also required to maintain the idea of frater- in an opposite direction. More and more crimes, from
nity that assures the dignity of the individual,” said trademark violations to drinking and eating, are be-
Justice Misra, who authored the verdict. coming criminal violations. We prefer penal over civil
The Court went on to say that “Reputation being an remedies, Article 19(2) of the Constitution permits
inherent component of Article 21, we do not think it “reasonable restrictions” upon the freedom of speech,
should be allowed to be sullied solely because an- “in the interests of… defamation.” Article 19(2) is si-
other individual can have its freedom. Once we have lent about whether “defamation” includes both civil
held that reputation of an individual is a basic ele- and criminal defamation. The word “reasonable”,
according to the judgments of the Supreme Court, re-
Guide
quires a relationship of proportionality between the against the other as a crime. It depends on the leg-

degree to which free speech is infringed, and the cor- islative wisdom.” No further analysis is offered on
responding interest at stake. In its public order cases, this point. The main contention – that criminalising a
for instance, the Supreme Court has held that “rea- private wrong is a disproportionate – and therefore,
sonable” restrictions upon the freedom of speech in unreasonable – restriction upon free speech, is not
the interests of public order must only be limited to considered by the Court.
speech that “incites” others to public disorder.
The Court’s emphasis on constitutional values
In Rajagopal’s Case, decided in 1994, the Supreme like essential brotherhood – the fraternity – that
Court considered the relationship between free strengthens the societal interest and common inter-
speech and civil defamation. The Court held that the est is all very well as a moral point, but as a legal
common law of defamation, as it then stood, unrea- standard, it’s rather vague. It was not enough that
sonably restricted speech under Article 19(1)(a). This the right to freedom of expression could be restricted
was because common law defamation imposed a re- on the eight grounds stipulated in Article 19(2). It
gime of no-fault liability: in case of factual errors, the was not enough that the Court would then bring in
speaker could not escape liability by showing that a boundless Article 21, and use it as a sword to cut
she had taken reasonable care in checking the ve- down free speech further. Over and above all of that,
racity of her statement. The Supreme Court adopted the Court introduces a further ground for restricting
the “Sullivan test”: in making statements about speech: the “duty” of “constitutional fraternity”. At
public officials, speakers were liable only if it could this stage, it is difficult to see what remains of Arti-
be shown that they had acted with “actual malice” cle 19(1)(a).
– that is, having knowingly spoken falsely, or acted
The judgement has narrowed the freedom of speech
with reckless disregard for the truth. The concept of
jurisprudence we had in the country. This case
“reasonableness” in the context of defamation and
had nothing to do with the right of reputation. By
free speech, therefore, was considered and decided
bringing that concept under Article 21 and pitting it
by the Court in Rajagopal. Now criminal defamation,
against right to free speech, the court has created a
under Section 499 of the IPC, contains a far lower
false dichotomy.
threshold than this. It follows pre-Rajagopal law in
criminalising false statements without regard for Lastly, to conclude it must be said that the judgment
due care, and also adds an additional “public inter- continues the profoundly disturbing trend of using
est” requirement to the defence of truth (in civil law Article 21 as a sword to limit other fundamental
defamation, if it can be shown that the statement rights and the court failed in doing the following de-
was true, there is no liability). The core of this argu- spite its best attempts:
ment, therefore, is that the regime of criminal liabil- • Explain how defamation is a public wrong (stat-
ity set up by Sections 499 and 500 goes beyond the ing that society is an aggregation of individuals
“reasonableness” requirement of Article 19(2). The does not count)
Supreme Court pays no attention to the fact that the
language of Section 499 sets up an even harsher re- • Explain why, if defamation is a private wrong
gime than was found to be unconstitutional in Raja- with elements of a public wrong, criminalisation
gopal, in the context of civil defamation. As a result, is a proportionate response
we now have a truly bizarre position in Indian law: • Explain why no-fault liability and an added test
civil defamation law is more speech protective than of public good in the defence of truth is propor-
criminal defamation law. This turns jurisprudence tionate and reasonable, especially in the light of
entirely in opposite direction. Rajagopal’s Case, and consistent jurisprudence
from across the common law world
The Court attempts to buttress its argument by citing
numerous English authorities that have questioned • Explain why the chilling effect is not a valid concern
the distinction between public and private wrongs. • Explain why the “balancing” between the enu-
At the end of its citations, however, it accepts the merated right to freedom of speech and the un-
distinction as lying between the violation of individ- enumerated right to “reputation” under Article 21
ual civil rights, and breaches of “public” rights or yields criminalising defamation as the solution
duties. At the end of it, it observes that “it cannot • Explain how fraternity and fundamental duties
be stated that the legislature cannot have a law have become independent grounds to restrict free
to constitute an act or omission done by a person speech.
Guide
Laws of Defamation and Constitutional Section 500: Whoever defames another shall be
Restrictions punished with simple imprisonment for a term which

may extend to two years, or with fine, or with both.
Section 499: Whoever, by words either spoken or
intended to be read, or by signs or by visible rep- Article 19(2) of the Constitution permits “reasona-
resentations, makes or publishes any imputation ble restrictions” upon the freedom of speech, “in the
concerning any person intending to harm, or know- interests of… defamation.” Article 19(2) is silent
ing or having reason to believe that such imputation about whether “defamation” includes both civil and
will harm, the reputation of such person, is said, ex- criminal defamation.
cept in the cases hereinafter expected, to defame
that person.
National Court of Appeal

Without doubt, however, it is time to seriously consider a new court of appeal to unclog the Su-
preme Court and to ensure that its position as the apex court is preserved
The debate over the need of a National Court of Ap- Court had to adjudicate on. However, areas of law
peal with regional Benches has again been brought like intellectual property, and taxation and corpo-
to the centre of discussion among the jurists as the rate law were not as big as they are today. Thus,
Supreme Court Bench headed by Chief Justice of In- with a limited population and limited areas of law,
dia TS Thakur, on 26 February 2016, while hearing a the Court could cope with just the chief justice and
PIL filed by Puducherry-based advocate V Vasantha- seven judges. Over the decades, with the growth in
kumar in 2014, issued notice to Centre seeking re- population and an increasing number of cases going
sponse on a plea for setting up of National Court of for appeal, there is a massive backlog of cases.
Appeal. The Court has appointed Senior Advocates
KK Venugopal and Salman Khurshid as Amicus Cu- Background
riae in this Case. Meanwhile, the Supreme Court on In 2010, KK Venugopal in his landmark Jain Me-
15th March decided to set up a five-judge Constitu- morial Lecture on the subject “Towards a holistic
tion Bench to debate the establishment of a National restructuring of the Supreme Court of India” advo-
Court of Appeal. cated the proposal of establishing National Court of
Appeal.
Why do we need the NCA?
He stated as follows: “I suggest that instead of
The Supreme Court of India, as the highest court of
adding more judges to the Supreme Court of India,
the land, has a sacrosanct function to ensure that the
one should create four Regional or Zonal Courts
country is governed adhering to the principles of the
of Appeal which would absorb the 140 categories
rule of law. It has evolved remarkably well, steering
of cases which are today pending in the Supreme
the country through thick and thin. It also has had a
Court of India being matrimonial, rent control, la-
tremendous contribution to the jurisprudential land-
bour, service, land acquisition and other such like
scape, not just in the country but also internationally.
cases. These cases would belong to the exclusive
The time has come, however, to revisit the court’s
jurisdiction of the Courts of Appeal which would be
function and align it with the needs of today.
established in the four regions of the country. The
Since the Supreme Court was established in 1950, Chartered High Courts themselves could well be the
the nation’s demands have changed tremendously. seats of these Courts of Appeals which would be
The population of India in 1950 was less than 36 manned by judges of the same calibre as the judges
crores. At present, it is over 1.2 billion. The ques- who would otherwise be elevated from the High
tions that came before the courts back then were Courts to the Supreme Court. The age of retirement
of course, important constitutional matters that the of the Judges of the Court of Appeal would be 65,
Guide
as logically, they would have to have a higher age and it was necessary to pronounce the correct law

of retirement. Correspondingly, the age of retirement on the subject.
of the Supreme Court Judges may have to be en-
The Law Commission of India under the Chairman-
hanced to 68 or even 70. The Constitution would be
ship of Justice K.K. Mathew, in its 95th report, rec-
amended by adding Article 136A, whereby the Zonal
ommended that the Supreme Court of India should
Court of Appeal would exercise the powers which
consist of two Divisions, namely; (a) Constitutional
were hitherto being exercised by the Supreme Court
Division, and (b) Legal Division. Again in the 125th
under Article 136 of the Constitution. On the other
report, after taking into consideration that the Su-
hand, the Supreme Court would thereafter enter-
preme Court sits in Delhi alone, it made a recom-
tain appeals from the High Courts by restricting the
mendation that a Federal Court of Appeal be estab-
scope of Article 136 to cases involving constitutional
lished with Benches in places of North, South, East,
issues, validity of Central and State laws, difference
West and Central part of India for the convenience
of opinion between High Courts or between Courts
of the people from distant places like Tamil Nadu in
of Appeal and Presidential References and suits be-
the South, Gujarat in the West and Assam and other
tween States or States and the Centre. If, however,
States in the East have to spend huge amount on
any question arises before a Court of Appeal, which
travel to reach Supreme Court.
would fall within the curtailed jurisdiction of the Su-
preme Court, it would refer the same to the Supreme
Benefits
Court of India for decision.”
First, the Supreme Court will maintain its place as
On 19 March 2010, a two-Judge Bench of Supreme the apex court of land and – like England, Wales
Court (Justices M Katju and RM Lodha) took cogni- and the US – only rule on matters that are of con-
zance of Venugopal’s lecture and stated as follows: stitutional importance or set new legal precedent.
“We are of the opinion that two additional catego- This will allow the Court to dedicate more time to
ries of cases can be added to the above list, namely develop the law. Thus if a court of appeal is estab-
(i) where the Court is satisfied that there has been lished, the majority of appeals from high courts can
a grave miscarriage of justice and (ii) where a fun- be addressed in these courts.
damental right of a person has prima facie been vi-
olated. However, it is for the Constitution Bench to Second, it will make geographical sense to have dif-
which we are referring this matter to decide what ferent benches to hear appeals. As of now, all ap-
are the kinds of cases in which discretion under peals have to be heard in New Delhi, inconvenient
Article 136 should be exercised. In our opinion, the for cases originating in other parts of the country.
time has now come when an authoritative decision Third, a court of appeal can work as an excellent
by a Constitution Bench should lay down some broad mechanism to sieve cases. If there are areas of law
guidelines as to when the discretion under Article that are particularly unsettled and need clarification,
136 of the Constitution should be exercised, i.e. the court of appeal can club them together and send
in what kind of cases a petition under Article 136 these forward to the Supreme Court. Not only can a
should be entertained”. But a Five Judge Constitu- number of individual cases be disposed of but areas
tion Bench of the Supreme Court refused to revisit of law can also be settled and a clear precedent set.
the scope of Article 136 of the Constitution of India
or lay down guidelines regulating the power. Finally, if the Supreme Court only deals with crucial
cases, the process will become streamlined and will
In the case of Bihar Legal Society, the Constitu- save a lot of time and expense, for both litigants and
tion bench had observed that the Supreme Court the courts.
was never intended to be a regular court of appeal
against orders made by the High Court or the ses- Obstacles
sion’s court or the magistrates. It was created as an
apex court for the purpose of laying down the law There are practical obstacles, of course. For in-
for the entire country and extraordinary jurisdiction stance, how do we appoint judges to the court of ap-
for granting special leave was conferred upon it un- peal? How do we modify the procedure? Many such
der Article 136 of the Constitution so that it could issues would have to be worked out. Without doubt,
interfere whenever it found that the law was not however, it is time to seriously consider a new court
correctly enunciated by the lower courts or tribunals of appeal to unclog the Supreme Court and to ensure
that its position as the apex court is preserved.
Guide
Jat Reservation
For decades, successive governments have found states of Bihar, Uttarakhand and NCT of Delhi were
caste-based quota an easy way out to achieve the also referred to the NCBC.
constitutional goal of equality to undo historic injus-
The ICSSR submitted a report but made no specific
tice to backward castes in Hindu society
recommendations about inclusion/exclusion in the
Recent times has been a witness to the worst form Central List. The report was discussed by the NCBC
of agitation including the rape of innocent women and on 26 February 2014, the NCBC submitted a re-
inter alia large scale bandh, arson and loot of private port to the government, stating that “the Jat Com-
and government property. It claimed several pre- munity had not fulfilled the criteria for inclusion in
cious lives and destroyed property worth thousands the Central List of OBCs.” But on 2 March 2014, the
of crores. The government is in a fix and in order to cabinet rejected this report on the ground that it did
cool down the passion, it has promised to meet the not take into account “ground realities.” Two days
demands of the protesters and formed a committee later, via a notification, Jats were placed in the Cen-
under Union Minister Venkaiah Naidu. However, any tral List for the nine states.
decision of the government will have to pass the test
of the apex Court as very recently the Supreme Court NCBC
in Ram Singh vs Union of India gave a blow to such It is a statutory body, established under the National
laws. Commission for Backward Classes Act, 1993. Under
The Court quashed the notification issued by the Cen- S. 9(2), it is provided that when it comes to inclusion
tral government on 4 March 2014, to include Jats in or exclusion from the Lists, “the advice of the Com-
the Central List of OBCs for the States of Bihar, Gu- mission shall ordinarily be binding upon the Central
jarat, Haryana, Himachal Pradesh, Madhya Pradesh, Government.” This closely followed the judgment of
the National Capital Territory of Delhi, Bharatpur and the Supreme Court in Indra Sawhney vs Union of In-
Dholpur districts of Rajasthan, Uttar Pradesh and Ut- dia, where it was observed that “its advice/opinion
tarakhand. The previous United Progressive Alliance should ordinarily be binding upon the Government
(UPA) government had issued this notification, on and where the Government does not agree with its
the eve of the last Lok Sabha elections, overruling recommendation, it must record its reasons.”
the binding recommendation of the National Com-
mission for Backward Classes (NCBC) against it. The What did the apex court say on
government claimed that the NCBC had ignored the reservations?
“ground realities” that justified the inclusion of Jats. • The apex court said the backwardness of a caste
The Court quashed the notification on the grounds must be decided according to the economic and
that the reports and the literature relied on by the social status and not only on caste.
government to justify the inclusion of Jats in the list • The inclusion of politically-organised castes like
of OBCs were at least a decade old. the Jats in the OBC list is not good for other back-
ward classes.
Background • Though the Union of India is empowered under
In 1997, in response to numerous petitions, the Na- the Constitution to provide reservation to a par-
tional Commission for Backward Classes (NCBC) car- ticular class, it cannot be permitted to do so on
ried out a study, at the end of which it recommended the basis of a decade-old-finding about the back-
the inclusion of Jats in the Central List only for two wardness of a caste.
districts of Rajasthan. Subsequently on 19 July 2011, • The Supreme Court also asked why communities
the NCBC decided to approach the Indian Council are being increasingly included in the OBC list
of Social Science Research (ICSSR), asking them and not being removed from the category with
to conduct a survey in various states (UP, Haryana, the passage of time.
Madhya Pradesh, Rajasthan, Himachal Pradesh and
• Referring to the case of transgenders, it asked
Gujarat), in order to determine the socio-economic
the Centre to consider new and emerging forms
status of Jats. By a subsequent Cabinet decision, the
of backwardness to decide the OBC list.
Guide
• Outdated statistics cannot provide accurate pa- a convenient starting point for a reservations, the ul-

rameters for measuring backwardness for the timate criterion is class backwardness. This means
purpose of inclusion in the list of OBCs. This is that caste groupings do not exhaust the scope of
because “one may legitimately presume progres- reservations under the constitutional scheme; and
sive advancement of all citizens on every front, conversely, to the extent that a caste wishes to
i.e., social, economic and education. Any other claim the benefits of the reservation scheme, it must
view would amount to retrograde governance,” demonstrate that qua class, it suffers from the social
the court concluded, backwardness that Article 16 envisages. The failure
• The court also said the government decision was of the Jat Community to demonstrate this latter
primarily based on educational backwardness point was what prompted the Court to observe, in
while the earlier apex court order had categor- another statement that “an affirmative action policy
ically held that backwardness contemplated by that keeps in mind only historical injustice would
Article 16(4) was social backwardness. certainly result in under-protection of the most de-
serving backward class of citizens, which is consti-
• It said the advice tendered by NCBC was ordi-
tutionally mandate.”
narily binding on the government and it could be
overruled/ignored only for strong and compelling
reasons which would be expected to be available Significance of the SC verdict
in writing. The verdict is landmark for several important rea-
sons. First, it forces the policy makers to think crea-
A Purely legal Perspective tively beyond caste for identification of socially and
“Though caste may be a prominent and distinguish- educationally backward classes. For decades, suc-
ing factor for easy determination of backwardness of cessive governments have found caste-based quota
a social group, the Supreme Court has been routinely an easy way out to achieve the constitutional goal
discouraging the identification of a group as back- of equality to undo historic injustice to backward
ward solely on the basis of caste. Article 16(4) as castes in Hindu society.
also Article 15(4) lays the foundation for affirmative Second, the fact that the SC rejected old data to
action by the State to reach out the most deserving. justify inclusion of Jats in the OBC category and em-
Social groups who would be most deserving must phasised that all citizens were advancing on every
necessarily be a matter of continuous evolution. front— social, economic and education — should
New practices, methods and yardsticks have to be serve as a reminder to politicians and bureaucrats
continuously evolved moving away from caste cen- who are not in sync with the changed social realities
tric definition of backwardness.” and continue to have a 20th century mindset.
This judgment is simply a reaffirmation of the Court’s The top court has once again shown judicial states-
consistent position, spanning the last fifty years. As manship by displaying a progressive and realistic ap-
far back as M.R. Balaji vs State of Mysore, in 1963, proach to reservation that would ensure that “only
the Supreme Court held that a purely caste-based to the most distressed” benefit from it. A similar
policy of reservations would violate the Constitution. approach is needed to rationalise reservation for
While this blanket position was undermined in N.M. Scheduled Castes and Scheduled Tribes by exclud-
Thomas and Indra Sawhney, the position remains ing the rich among these communities. This would
that while castes, which are generally “socially and ensure that only the most deserving SC and SC can-
occupationally homogenous classes” can constitute didates get the benefit of reservation
Guide
Euthanasia: Laws still evolving

The question that should euthanasia be legalized right to live with dignity. Having faced an irreversi-
is a subjective one which depends more upon the ble brain damage, she was kept on a constant, arti-
cases and circumstances ficial life support. After several considerations, the
court deemed the hospital staff as the next friend of
In our society, the palliative care and quality of life
Aruna, rather than Pinki and rejected her petition. A
issues in patients with terminal illnesses like ad-
set of rules were laid down following the verdict in
vanced cancer and AIDS have become an important
the case.
concern. Parallel to this concern has arisen another
controversial issue— euthanasia or “mercy-killing”
of terminally ill patients. Earlier judgments
In MS Dubal vs State of Maharastra, the Bombay
Bringing alive this dormant debate, the Supreme
High Court held that right to life under Article 21 of
Court on 15 January 2016 asked the Centre whether
the Indian Constitution includes ‘right to die’. On the
a terminally ill person, medically diagnosed to be
other hand in Chenna Jagadeeswar vs State of AP,
in the last stages of life, could be kept alive on life
the AP High Court said that right to die is not a fun-
support system even though he had willed against
damental right under Article 21 of the Constitution.
it? A five-judge constitution bench felt prolonging a
However in P Rathinam’s case, Supreme Court of In-
patient’s life by putting him on ventilator or life sup-
dia observed that the ‘right to live’ includes ‘right not
port system against his will could amount to torture
to live’ i.e right to die or to terminate one’s life. But
of the patient and be financially draining for his fam-
again in Gain Kaur vs State of Punjab, a five mem-
ily. The bench sought the Centre’s response within
ber bench overruled the P Rathainam’s case and held
a fortnight on the plea for legalizing ‘Living Will’, in
that right to life under Article 21 does not include
which a person when in sound mind and good health
Right to die or right to be killed.
records his wish that he should not be kept alive
with the help of ventilators if doctors at any stage
Law Commission’s 241st report
of his life opine that he cannot be kept alive without
life support system. • Law Commission in its 241st report had recom-
mended, “A competent adult patient has the right
Euthanasia: its types to insist that there should be no invasive medi-
cal treatment by way of artificial life sustaining
The English philosopher Sir Francis Bacon coined the
measures/treatment and such decision is binding
phrase “euthanasia” early in the 17th century. Eutha-
on the doctors attending on such patient provided
nasia is derived from the Greek word ‘eu’, meaning
that the doctor is satisfied that the patient has
“good” and ‘thanatos’ meaning “death,” and early
taken an ‘informed decision’ based on free exer-
on signified a “good” or “easy” death. Euthanasia
cise of his or her will.”
is classified into two types: passive and active eu-
thanasia. Passive euthanasia is legalized whereas • On patients in coma or in vegetative state, the
active euthanasia is not. Passive euthanasia refrains commission had suggested that their relatives
from treatment of the person necessary to extend “shall have to get clearance from the high court”
the life which may include turning off life support for withdrawing or withholding life sustaining
or withdrawing supplementing life with medication treatment.
necessary to maintain life. On the other hand, active
Arguments against euthanasia
euthanasia is carried out by means of a lethal sub-
stance. • The human life is gift of God and taking life is
wrong and immoral. Thus euthanasia devalues
Legal perspective human life.
India’s tryst with the sensitive issue of euthanasia • It is totally against the medical ethics, morals and
dates back to 1973 during the Aruna Shanbaug case, public policy. Medical ethics call for nursing, care
wherein she was plunged into a permanent vegeta- giving and healing and not ending the life of the
tive state following a tragic incident. A petition was patient. In the present time, medical science is
filed in the Supreme Court citing violation of Aruna’s advancing at a great pace. Thus even the most in-
curable diseases are becoming curable today. The
Guide
decision to ask for euthanasia is not made solely • Article 21 of the Indian Constitution clearly pro-

by the patient. Even the relatives of the patient vides for living with dignity. A person has a right
play an important role in doing that. Hence, it is to live a life with at least minimum dignity and if
probable that the patient comes under moral and that standard is falling below that minimum level
psychological pressure and feels obliged to opt then a person should be given a right to end his
for euthanasia as they may see themselves as a life.
burden to society and takes such a drastic step of • Its aim is altruistic and beneficial as it is an act of
ending his life. painlessly putting to death to those persons who
• When suicide is not allowed then euthanasia are suffering from painful and incurable diseases.
should also not be allowed. A person commits su- So, the motive behind this is to help rather than
icide when he goes into a state of depression and harm.
has no hope from the life. Similar is the situation • It not only relieves the unbearable pain of a pa-
when a person asks for euthanasia. tient but also relieves the relatives of a patient
• Patient would not be able to trust either doctors from the mental agony.
or their relatives as many of those talking about
In a concluding note, it is proper to say that the
patient’s painless, dignified death would be doing
right to have one’s life terminated at will is subject
so mainly on financial grounds. Euthanasia would
to social, ethical, and legal strictures. The question
become a euphemism for assisted murder.
that should euthanasia be legalized is a subjective
• Miracles do happen in our society especially one which depends more upon the cases and cir-
when it is a matter of life and death. There are cumstances. However certain conditions must be
examples of patients coming out of coma after ensured which are: The person should be in a Per-
years and we should not forget human life is all manent Vegetative State, or in coma, or living with
about hope. a dead brain or there should be failure of all medi-
cal treatments or when the patient, suffering from
Arguments to legalise euthanasia
a terminal disease, is in an irremediable conditions
• The dispute is regarding the conflicts between or has no chance to recover or survival as he is suf-
the interest of the society and that of the indi- fering from a painful life or the patient has been in
vidual. If we weigh the social values with the coma for 20/30 years. The consent to discontinue
individual interest then we will clearly see that life support of the patient should be must. If the pa-
here the interest of the individual will outweigh tient is not in a state to give his consent, then in that
the interest of the society. case a decision has to be taken either by the parents
• Euthanasia provides a way to relieve the intolera- or spouse or other close relatives or in the absence
bly extreme pain and suffering of an individual. It of any of them, such a decision can be taken even by
relieves the terminally ill people from a lingering a person who is his next friend. It can also be taken
death. by the doctors attending the patient. However, the
• The essence of human life is to live a dignified life decision has to be taken bona fide in the best inter-
and to force a person to live in an undignified way est of the patient. If a person who has neither any
is against the person’s choice. relative nor any close friend and he is not in a state
to give his consent, then in that case the court would
• In many developing and under developed coun-
direct the expert doctors to submit a medical report
tries like India, there is lack of funds. There is
of that person and court would look over it
shortage of hospital space. So, the energy of doc-
tors and hospital beds can be used for those peo-
ple whose life can be saved instead of continuing
the life of those who want to die.
Guide
General Anti Avoidance Rule (GAAR)

It refers to the legal means to avoid or reduce tax liability by taking advantage of some provision
or the lack of provision in the law
General Anti Avoidance Rule (GAAR) is a set of tax planning by the tax payer may be termed as a
broad and general principles-based rules enacted case of tax avoidance by the tax authorities leading
in the tax code aimed at counteracting avoidance of to confrontation. So, even honest tax payers always
tax. fear that tax authorities may misuse the provision of
GAAR to harass them and even the genuine cases
Tax avoidance is an area of concern across the world
of tax mitigation and tax planning may be termed as
as the companies and businesses try to avoid to pay
methods of tax avoidance.
tax or to minimize the taxes payable. The rules are
framed in different countries to minimize such avoid- Anti-Avoidance Rules are broadly divided into two
ance. Such rules are known as ‘General Anti Avoid- categories— ‘General’ and ‘Specific’. Legislations
ance Rules’ or GAAR. dealing with general rules are termed as GAAR
whereas legislation dealing with specific rules are
The methods adopted by the companies to reduce
termed as SAAR. In India, SAAR is used and laws
their tax liability can be classified under four cate-
are amended to plug specific loopholes as and when
gories— ‘Tax Evasion’, ‘Tax Avoidance’, ‘Tax Miti-
any loophole and misuse of it is noticed. As GAAR
gation’, and ‘Tax Planning’. But the differences be-
gives widespread powers to tax authorities, tax pay-
tween the four categories become blurred owing to
ers fear that arbitrary and wide interpretations by
the perception of tax authorities and/or tax payers.
tax authorities may lead to misuse of it leading to
Tax Evasion: It refers to illegal arrangements where harassment of the tax payers.
liability to tax is reduced by the tax payer by hiding
News for GAAR has been in prominence during the
income or information from tax authorities. Thus the
last few years as Indian Government has taken in-
tax liability is reduced by illegal means.
itiative to introduce GAAR with a view to increase
Tax Avoidance: It refers to the legal means to avoid tax collection and discourage tax avoidance efforts
or reduce tax liability by taking advantage of some by companies. In India, GAAR came to limelight
provision or the lack of provision in the law. In this with the release of the draft DTC (Direct Tax Code)
case, tax liability is reduced by the tax payer through Bill popularly known as DTC 2009. It contained the
legal means but may not be as per the intent of the provisions of GAAR. Later on it was tabled in Parlia-
law. In this case, the tax payer is not hiding any fact ment as a formal bill to enact the law known as DTC
from the tax authorities but is still able to avoid tax 2010. The same was to be made applicable w.e.f.
or reduce tax liability on account of some loopholes/ April 1, 2012. However, owing to negative publicity
gaps in the tax laws. and pressures from various groups, GAAR was post-
Tax Mitigation: It refers to a situation where the tax poned to at least 2013. In the meantime, an expert
payer takes advantage of a fiscal incentive offered to committee was set up in July known as Parthasara-
him under some government policy by the tax legis- thi Shome Committee. On the recommendations of
lation. A good example of ‘Tax Mitigation’ is setting the Committee, it was further deferred to 2016-17. In
up a business undertaking in SEZ where several tax the budget 2015-16, the finance minister expressed
concessions have been offered by the government the intention to implement the provisions of GAAR
to the units. w.e.f. April 2017.
Tax Planning: It refers to an arrangement of a busi- As per the notification issued in September 2013,
ness in order to minimize tax liability. It is also per- GAAR would be applicable only to foreign institu-
fectly legal. tional investors that have not taken the benefit of
DTAA (Double Tax Avoidance Agreement). Invest-
Thus there are four possible situations but there is ments made by foreign investors prior to August
a very thin line between them. Therefore, a lot de- 2010 will not attract GAAR. It will apply only to busi-
pends on the perception of the tax payers and tax ness arrangements with a tax benefit exceeding Rs
authorities. For example, a case of tax mitigation or 3 crore.
Guide
Unemployment trap

Satisfaction at the lower level of income is a dangerous outcome of these policies
Unemployment trap is a situation created by social ning Commission estimates for 2011-12, only 21.9
security and/or unemployment benefits which erode percent of the population in India was poor while
any motivation on the part of the unemployed to the coverage under the food security is 67 percent. If
take up a job. An unemployment trap arises when the government provides ration for the family at just
opportunity cost of going to work is higher than the Rs 75 per family per month which is being offered
income received, discouraging people from returning minimum Rs 150 (much more in many other states)
to work and being productive. for one day’s work, there is every chance that there
is less incentive to work more. It is being reflected
The Western world is known for providing social
in the employment data presented by the Planning
security to its citizens but in many countries ques-
Commission for the year 2009-10. The Planning Com-
tions are being raised about the quantum of it. Many
mission has reported that demand for work by the
countries are facing the situation of unemployment
female labour force in rural areas has shown trends
trap. Some researches in Western countries have
of decline. This trend shows that after crossing a
shown that if replacement rates cross 70 percent,
threshold limit for income, the families in rural area
there are chances of people preferring to stay home
are showing less interest in jobs. Agriculture min-
and take social security benefits rather than opting
istry has also raised questions about the timing of
for employment.
the employment offered under the MGNREGA. There
The replacement rate for given income levels meas- are reports in many parts of the country that rural/
ures the proportion of out-of-work benefits received farm labour has started opting out of work as there
when unemployed against take home pay if in work. income levels are increasing thus creating shortage
While there is no pre-determined level of replace- of labour in peak demand periods in farm activities.
ment rate which would influence every individual’s
These trends are quite disturbing. Helping poor
decision to work, clearly the higher the replacement
families in their effort to increase their purchasing
rate, the lower the incentive to work. A replacement
power and lead better life is certainly our concern.
rate in excess of 70% is considered to be excessive.
But there is also need to have a close watch on the
Thus it is a measure of how much of a person’s fam- behavioural pattern. Any policy which fails to guess
ily income would be replaced if they were to lose the right response of the people may fail to succeed
their job/income and start receiving social welfare. or it may solve one problem while at the same time
This is of concern in many developed countries and creating another economic or social problem.
has been captured by independent researchers.
Social security measures in India need close scru-
A related problem is poverty trap which occurs when tiny of the governments, political parties and policy
an increase in employed person’s gross income re- makers. Satisfaction at the lower level of income is
sults in a reduction in net income, thereby resulting a dangerous outcome of these policies. India has
in disincentive to work for higher earnings or work reached the stage of development where we need
for increased hours. This can arise because of higher to maximise the productivity of labour and utilize the
tax bracket or because of withdrawal of social bene- strength of the labour force for faster growth of the
fits as gross income crosses certain threshold. economy.
These issues have become suddenly relevant to In- India entering into unemployment trap and poverty
dia as we are heading towards situations like unem- trap at this stage of development can be disastrous
ployment trap and poverty trap. for the economy and our aspirations to move faster
A study of election manifestoes of various political on the path of development. There is certainly a
parties reflects their intention to increase depend- need to look into the type and size of the social se-
ence on freebies. Subsidies are already at higher lev- curity tools suitable for Indian conditions rather than
els like food subsidy. The coverage percentage under blindly following the Western models because the
the food security is disturbing. According to the Plan- behavioural pattern of the people is different in dif-
ferent countries.
Guide
Farm Subsidies in India

There is need to maintain a proper balance between subsidies and investment in the farm sector
There are different types of subsidies being provided Farmers also need credit from time to time for buying
by the central and state governments to the farm inputs and also for investment in agricultural imple-
sector. These subsidies are known as input subsi- ments. The government incentivises use of better
dies, price subsidy, infrastructure subsidy and export equipments and inputs through providing credit sub-
subsidy. sidy. Poor farmers are unable to afford loans at nor-
mal rates. Credit subsidy is the difference between
Input subsidies are granted through distribution of
interest charged from farmers and actual cost of
inputs at prices that are less than the normal mar-
providing credit plus others costs such as writing off
ket price. The amount of subsidy will therefore be
bad loans. The government can also link the subsidy
equal to the difference between the two prices—
to timely repayment of loans. Under the interest sub-
distribution price and normal market price. Several
vention scheme, the government of India is providing
subsidies in India fall under this category, namely
interest subsidy of 3 percent to the farmers repaying
fertilizer, irrigation, power, seed credit etc.
their loans timely.
Distribution of cheap fertilizers to farmers amounts
Another important subsidy being provided to the
to the difference between price paid to the manufac-
farmers in India is ‘price subsidy’. It is the difference
turer of the fertilizer and the price received from the
between the price of foodgrains at which Food Cor-
farmers. The objective of this subsidy is to provide
poration of India procures foodgrains from the farm-
cheap input to the farmers to promote use of it. It
ers and the price at which it sells it to traders or to
also ensures reasonable returns to the farmers and
the consumers through the public distribution sys-
stability of fertilizer prices in the country.
tem. This subsidy becomes more important consid-
Almost all the states in India provide irrigation sub- ering the dependence on monsoon and frequent ups
sidy which is the difference between operating and and downs in production. In years of bumper crop,
maintenance cost of irrigation infrastructure and irri- market price may be so low that the farmers will be
gation charges recovered from the farmers. This sub- forced to incur losses instead of making profits. In
sidy is provided through provisions of public goods such a case the government may promise to buy the
such as canals and dams which is constructed by the crop from the farmers at a price which is higher than
government but charges are low or are provided free the market price. It encourages the farmers to grow
of cost to the farmers. crops which are regularly procured.
States also provide power/electricity subsidy which Another important subsidy is infrastructure subsidy.
imply that the state governments charge lower rates Farm sector needs infrastructure like irrigation,
for electricity supplied to the farmers. It is primarily power, transportation, storage, information about
for irrigation purposes. Power subsidy is the differ- the market etc. for carrying out production and sale
ence between cost of generating and distributing operations. These facilities need huge investment
electricity and the price recovered from the farmers. which is not possible for an individual farmer. There-
Power subsidy acts as an incentive to farmers to in- fore the government takes the responsibility of pro-
vest in tube-wells and pumping sets. viding these and given the condition of Indian farm-
High yielding varieties of seeds are necessary for ers a lower price can be charged from the poorer
increasing productivity. High yielding varieties of farmers.
seeds are provided by state governments at subsi- Sometimes subsidy is also provided by the govern-
dized rates to promote use of it. The research and ment to promote export of specific farm product. Ag-
development activities needed to produce such pro- ricultural exports are promoted as long as they do
ductive seeds are also undertaken by the govern- not harm the domestic economy. Subsides provided
ment, the expenditure on these is a sort of subsidy to encourage exports are referred as export subsi-
granted to the farmers. dies.
Guide
There is no doubt, farm subsidies are important for cost of investment in agriculture. Subsidy targeted

promoting productivity and ensuring sufficient sup- to boost investment by the farmers will be the step
plies of food and other farm products in the country. in the right direction. If the purpose is redistribution,
But there is need to maintain a proper balance be- delivery system should be able to better target the
tween subsidies and investment in the farm sector. small and marginal farmers.
Over the decades, farm subsidy has increased at the
MGNREGA: An analysis
In fact, it has been both a major success Another issue is identification of most backward dis-
and huge failure tricts to focus on. In this context, one issue is the
need to understand India’s backwardness in terms
MGNREGA provides a guarantee for 100 days of
of blocks rather than districts. Many advanced dis-
unskilled employment to one member of all rural
tricts in India hide pockets of backwardness and not
households during the year. It was started in 2006
all the blocks in the so-called backward districts are
with the coverage of 200 districts which was later
equally deprived. In this context, the NDA govern-
on extended to cover all districts in the country. It is
ment has correctly sought to focus intensive partic-
about to complete 10 years. Obviously, it is the right
ipatory planning exercises in the 2,500 most back-
time to evaluate successes or failures of the scheme.
ward sub-districts and also set-up cluster facilitation
The results are mixed. After analysis of the scheme teams there.
it is quite visible the states where the leadership has
On the failure part, it will be imperative to say that
understood the potential of the programme, every ef-
universalization without quality is the major weak-
fort has been made to make it more effective. This is
ness of the programme. In the rush to universalize,
true across the political spectrum. Madhya Pradesh,
we compromise the quality of work and at times cre-
Chhattisgarh, Bihar, Tamil Nadu and Orissa have
ate perverse effects, such as incentivisation of cor-
taken a number of initiatives with lot of imagination.
ruption. For example, there are countless instances
But the programme is not successful uniformly. In of labour-scarce areas in the country, where the
fact, it has been both a major success and huge pressure to spend under MGNREGA led to contrac-
failure. So, there is need to understand and analyse tors deploying machines, in collusion with bureau-
the reasons of success to be replicated and also the crats, for doing the work and fudging entries in the
reasons of failures to be reformed. job cards of the workers who sat at home and pock-
eted part of the wages.
According to the reports presented by the govern-
ment, thousands of villages where water harvesting Another vexed question is the wage-material ration
structures have been created, agriculture has im- which was set at 60:40 originally but changed to
proved, distress migration has stopped and women 51:49 by the NDA government. As a matter of fact,
have been empowered. The success of the scheme excellent earthen engineering work has been done
in certain areas and states are due to: one, avail- under MGNREGA where care was taken to learn
ability of strong technical support to the main im- from these traditions and also to empower gram
plementing agency, the gram panchayat and two, panchayats to understand the principles underlying
awareness among MGNREGA work seekers of their the watershed approach. Changing the wage-mate-
entitlements and procedures under the programme. rial ratio in a blanket fashion has the inherent dan-
Other things which also contributed to the success ger of converting the people-centric programme to
are compulsory social audit that checked corrup- contractor-centric one. But, it would be appropriate
tion to certain extent and the systems that ensured to provide greater flexibility in the ratio in certain
timely payments. parts of the country, where material cost tend to be
generally very high like Himalayan region, where
But a lot needs to be done. One issue often raised by
transport costs are steep or deserts where long dis-
the chief ministers is the flexibility in the programme.
tances are to be traversed. In such regions, lowering
Guide
the wage-material ratio could actually enable more No doubt, in a country as large and as varied as In-
work to be provided under MGNREGA. This has also dia, a one-size-fits-all centralized model is bound to
been a long standing demand of many states. Else- fail in some if not all parts of the country. If greater
where, there is abundant scope for individual works flexibility is the objective then effective devolution
with a lower wage-material ratio because it is only of powers to panchayats should be planned with
average that needs to be 60:40. adequate monitoring arrangements in place so that
they have real authority to identify infrastructure
works and plan for MGNREGA expenditure.
Simultaneous elections: Are they feasible?

—By Zafri Mudasser Nofil (PTI feature)
The need for simultaneous elections: and also reduce the impact on delivery of essential
Should the country have simultaneous elections to services and burden on crucial manpower that is de-
the Lok Sabha, the state assemblies and the local ployed during election time.
bodies? Yes, say our President and our Prime Min- It recommended an alternative and practicable
ister. Prime Minister Narendra Modi was the first method of holding simultaneous elections which
among the two to raise this issue earlier this year involves holding of polls in two phases. The Com-
when he said that the country should be spared mittee has envisaged holding of elections of some
from bracing for polls “throughout the year”. He had legislative assemblies at midterm of Lok Sabha and
said his government was exploring the “option” of remaining with the end of tenure of Lok Sabha. The
holding assembly and Lok Sabha elections simulta- terms of some state legislative assemblies may
neously. need to be extended while some of them may need
His argument was that conducting Lok Sabha and to be curtailed. While as per electoral law, elections
assembly elections separately consumes quite a lot can be held six months prior to the end of the term of
of time. “For 40-50 days, the decision-making pro- a House, the term of the House cannot be extended
cess in the government is stalled in different parts except during proclamation of Emergency.
of the country due to the model code of conduct.”
Modi’s idea received support from President Pra- The flip side:
nab Mukherjee is of the opinion that such a system Following the report of the parliamentary standing
could ensure political and administrative stability. committee, the Law Ministry had asked the Election
According to the Election Commission, it is prepared Commission to give its views. The EC supported the
to simultaneously hold general and state assembly idea to hold simultaneous elections to Lok Sabha and
polls provided there is a consensus among all polit- state assemblies but made it clear that it will cost
ical parties and constitutional amendments to this a lot and the Constitution will have to be amended
effect. to curtail or extend the term of certain state assem-
blies. The Election Commission said simultaneous
According to a rough estimate, Lok Sabha and state
conduct of elections would require large-scale pur-
polls cost around Rs 4,500 crore in 2004. A parlia-
chase of Electronic Voting Machines and Voter Veri-
mentary standing committee looking into the Feasi-
fiable Paper Audit Trail (VVPAT) machines.
bility of Holding Simultaneous Elections to House of
People (Lok Sabha) and State Legislative Assemblies The former Chief Election Commissioner (CEC) S Y
in it’s report said that simultaneous polls would re- Quraishi also begs to differ. He says the idea is good
duce the massive expenditure that is currently in- in principle but seems fraught with constitutional is-
curred for the conduct of separate elections; reduce sues and administrative problems. In a newspaper
the policy paralysis that results from the imposition article, he wrote that it is true that due to frequent
of the Model Code of Conduct during election time; elections, normal work comes to a standstill to a
Guide
considerable extent, cost becomes a major issue • Elections give a boost to the economy at the

and there is aggravation of vices like communalism, grassroots level, creating work opportunities for
casteism, corruption (vote-buying and fund-raising) lakhs of people.
and crony capitalism. But frequent elections have • There are some environmental benefits also that
some benefits too, he says. As per former CEC, the flow out of the rigorous enforcement of public dis-
following are the benefits: cipline like non-defacement of private and public
• Politicians, who tend to forget voters after the property, noise and air pollution, ban on plastics,
elections for five years have to return to them. etc.
This enhances accountability, keeps them on • Local and national issues do not get mixed up to
their toes. distort priorities. In voters’ minds, local issues
overtake wider state and national issues.
Bombay High Court’s Landmark Ruling on

Haji Ali Dargah —By Subhashis Mittra (PTI feature)
The Verdict discrimination on grounds of religion, gender and so

The Bombay High Court is a landmark verdict in 2016 on, and provide freedom of conscience and free pro-
held that women must be allowed into the sanctum fession, practice and propagation of religion.
sanctorum of the 15th century Haji Ali Dargah in This is not the first time that the high court has
Mumbai. Four years after the Haji Ali Dargah Trust ruled in favor of women’s right to enter a place of
barred women from entering the sanctum sancto- worship. In April 2016, women were allowed in
rum, the Bombay High Court lifted the ban, saying it sanctum sanctorum of Shani Shingnapur temple in
contravenes the Constitution and women should be Ahmednagar district of Maharashtra after the high
allowed entry “at par with men”. The court delivered court directed the Maharashtra government to take
the verdict on a public interest litigation petition filed pro-active steps for ensuring compliance of law to
in November 2014 by Dr Noorjehan Safia Niaz and prevent discrimination against women on entry to
Zakia Soman, cofounders of the Bharatiya Muslim places of worship. Shani Shingnapur temple had
Mahila Andolan. The PIL states that gender justice barred women from entering its core area for over
is inherent in Quran and the decision contravenes 400 years.
the Hadith, which proves that there is no prohibition
on women visiting graves. The Maharashtra govern- Right precedent
ment had earlier told the court that women should
Setting a precedent in allowing women to enter reli-
be barred from entering the inner sanctorum of Haji
gious places, the court said, “The Trust is always at
Ali dargah only if it is so enshrined in the Quran.
liberty to take steps to prevent sexual harassment
of women, by having separate queues for men and
Legal perspective women, as was done earlier.”
The ban imposed by the dargah trust, prohibiting
The HC said the Trust cannot enforce a ban “contrary
women from entering the sanctum sanctorum of
to the fundamental rights” enshrined in the Constitu-
the Haji Ali Dargah, contravenes Articles 14 (equal-
tion. “The objects of the Haji Ali Dargah Trust are in
ity before law), 15 (prohibition of discrimination on
respect of purely secular activities of a nonreligious
grounds of religion, race, caste, sex or place of birth)
nature, such as giving loans, education, medical fa-
and 25 (free profession and practice and propagation
cilities, etc. Neither the objects nor the scheme vests
of religion) of the Constitution.
any power in the trustees to deter mine matters of
Under the said Articles, a person is guaranteed religion, on the basis of which entry of women is be-
equality before law and has the fundamental right to ing restricted,” said the Division Bench of Justices
practice any religion he or she wants. They prohibit V.M. Kanade and Revati Mohite Dere.
Guide
Should courts interfere in religious rights. But, at the end of the day, law can only be
affairs? an enabler. The challenge lies in enforcement and

that requires more than just law enforcement agen-
The answer to it is in the verdict itself. If religious
cies. Any social reform would be long lasting only if
and social practices are in violation of Constitutional
it comes from the society itself. As such, religious
rights bestowed upon women or for that matter an-
and community leaders should be roped in and ob-
yone, the judiciary is duty-bound to interfere. And,
scurantists isolated.
the executive is equally duty-bound to uphold the
Indian Agriculture: Issues and Challenges

—By K R Sudhaman
The present government recently unveiled a sev- is dependent on the weather god – monsoon. India
en-point strategy to double the income of farmers by is among the few countries which has monsoon as a
2022. This is a welcome development as agriculture, season as it being tropical country and a peninsula,
though important component of India’s economic surrounded by two monsoon active seas and Indian
development strategy since independence, has not ocean. It starts with South West Monsoon in Kerala
achieved desired progress partly because of sys- and gets deflected in the Himalayas and comes back
temic and inherent problems. as North East monsoon to down south in Tamil Nadu.
It is a plausible and possible target but one has to be This is a unique phenomenon. Yet India has a long
skeptical as it looks impossible to achieve in a short way to go in agriculture despite big strides made in
span of six years. In a democratic set up, which has the farm sector during the seventy years of independ-
slow polity and different pulls and pressures, achiev- ence. A modest target of achieving average 4 per
ing such targets need herculean effort. cent agriculture growth annually has not been real-
ized so far. The closest India came to this target was
A lot has been done in the last seventy years but
3.6 per cent average annual growth during the 11th
the cutting edge development has not happened.
five year plan ending 2012, partly because of good
The reason has been that a holistic approach has not
and dispersed monsoon for most of the five years.
been taken so far for the development of agriculture.
The holding is getting fragmented, Technology has India has 60 per cent of its land area as cultivable
been inadequately utilized. As a result, 60 per cent land as compared to 35 per cent of China and 25 per
of the population, still dependent on agriculture ac- cent of United States. Yet United States has more
counting for less than 15 per cent of GDP. Average arable land than India because of modern agricul-
farm productivity is one of the lowest in the World in ture and China produces more food grains than India
most of the crops though India’s yield of various farm because of much better yield. China has less area
products in pockets matched the best in the World. under cultivation in food grains, consumes less fer-
This is a paradoxical situation. tilizer and yet produces more than the double that
of India. China produces over 570 million tonnes of
Despite conducive factors food grains annually as against India’s 250 million
India is endowed with conducive climate, and one tonnes. India is among the top countries in use of
of the most fertile land-mass in the world, particu- fertilizers and production of wheat, cotton, rice,
larly gangetic plains. Yet average yield is one of the fruits and vegetables, milk, pulses, sugarcane and
lowest in the World. This is not the only dichotomy so on. Yet our agriculture is still in pathetic condition
there are many more. India has the largest ground with farmer’s income none too encouraging, land
water irrigated area in the world, yet nearly two- getting increasingly fragmented despite large rural
thirds of nearly1.6 million hectares of cultivated land population moving on to urban areas.
Guide
The Issues and Challenges reaped due to haphazard development of agri-

The main reason for backwardness of Indian ag- culture. A difficult food situation forced India to
riculture is the poor water management, largely achieve green revolution in Wheat in the sixties,
dependent on monsoon. There is so much wast- when India used to go with begging bowl free
age of water and fertilizers as farmer education wheat. Subsequently came the white revolution
and training is very poor. India grows water in milk and then in cotton production with the
guzzling sugarcane in areas like Karnataka and introduction of Bt cotton. But many other crops
Maharashtra where it should not be grown and where India could achieve much more are not
not in areas like north Bihar, which has peren- being achieved because of vested interests.
nial problem of floods. Rice should not be grown Simple solutions like introduction of genetically
in Punjab and yet it is grown there as return is modified seeds are not being done to improve
good. As a result of these wrong cultivation, yield manifold and thereby raise farmers’ in-
ground water level and soil quality has deterio- come. This is because of false propaganda be-
rated in many parts of the country. ing carried out by political parties on GM seeds
India’s irrigation covered crop area was about without any scientific reasoning.
22.6 million hectares in 1951, and it has in- Also localized solutions are needed rather than
creased to a potential of 90 mha at the end universal approach. Land laws need drastic
of 1995, inclusive of canals and groundwater changes, Bank funding has to improve, rural
wells. However, the potential irrigation relies infrastructure has to be created, post harvest
of reliable supply of electricity for water pumps losses have to be reduced, multi-brand retail
and maintenance, and the net irrigated land has has to be encouraged, food processing encour-
been considerably short. aged, skill of farmers have to be improved.
According to 2001/2002 Agriculture census, Also timely credit is not available to farmers.
only 58.1 million hectares of land was actually Dismantling archaic and obnoxious APMC act
irrigated in India. The total arable land in India is will benefit farmers besides doing away with
160 million hectares (395 million acres). Accord- adhoc import-export policy on agricommodities.
ing to the World Bank, only about 35% of total Disguised unemployment is rampant in agricul-
agricultural land in India was reliably irrigated ture in India and it becomes more pronounced
in 2010. during difficult years. One important solution
High input costs and injudicious use of them could be to encourage development of rural
aggravates this problem of water management. industries so that sizeable farmers could move
Fruits and vegetables go waste in large quanti- out of agriculture and thereby helping farmers
ties because of no development of markets, cold to increase their per capita income.
storage and difficulties in interstate movements. The misery of poor farmers is real and one only
Due to politics a simple Cauvery water issue, hopes that the government is able to come out
the government is not able to solve for over a with solution on a war footing, which at the
century, so also several other river water dis- moment look far-fetched considering the enor-
putes among states and in such a scenario, how mity of the problem. Now technology is there.
water management can improve in short span In an era of internet, communication is so easy
of six years. There is a problem. It is a problem that government can achieve wonders though
of mindset. Several positives that the country is e-farming and e learning.
endowed with in agriculture are not being fully
Guide
Supreme Court verdict on National Anthem

Why in News? citizens of the in Part IV A of the constitution. None-

Recently the Supreme Court of India, on November theless, it’s a non-justiciable provision. Thus the
30, gave an order that the national anthem shall be founding fathers of the constitution were of the view
played mandatorily before feature films at cinema that citizens should respect the national flag and
halls all over the country. The court opined that those anthem as a duty, but this should not be enforced
present in the cinema halls are obliged to stand up through legal compulsions.
to show respect to the national anthem. Similar or-
ders on respecting the national anthem have been Article 51(A) says that “it shall be the duty of every
delivered by two High Courts as well in the recent citizen of India — (a) to abide by the Constitution
past. and respect the ideals of the national flag and the
This verdict by the apex Court was given on a writ national anthem”.
petition filed by Shyam Narayan Chouksey. Interest-
Prior to this judgement on national anthem, the Apex
ingly, the original petition was focused on the com-
Court interpreted Article 51(A), in Bijoe Emmanuel
mercial exploitation of the National Anthem. The
& Others vs State of Kerala & Others, (1986).
petition had not asked the court to direct the anthem
In that judgement the court gave its verdict against
to be played in movie halls.
the question that: “Did the refusal of three children,
to sing the national anthem during the morning as-
Other connotations of the judgement sembly — because according to them, its singing is
Apart from the verdict related to playing of National against the tenets of their religious faith — justify
Anthem in the cinema halls, in the final judgement their expulsion from school?” The Court termed the
the court banned the commercial exploitation of the expulsion of the three students from the school on
national anthem and ordered that there should not the ground that they refused to sing national anthem
be any dramatization of the anthem or its inclusion as “the violation of the fundamental right to free-
as part of any variety show. The court also held that dom of conscience and freely to profess, practise
the anthem or part of it should not be printed or and propagate religion”. The apex court opined that
displayed in places disgraceful to its status. It also “there is no provision of law which obliges anyone to
banned the display, recitation or use of the abridged sing the national anthem”. The Court also concluded
version of the anthem. that “our tradition teaches tolerance; our philosophy
The court opined that the protocol of showing re- preaches tolerance; our Constitution practises toler-
spect to the anthem and flag was rooted in our na- ance; let us not dilute it”.
tional identity, national integrity and constitutional However, in the current judgement the Bench also
patriotism. The practice shall install the feeling of referred to Article 51 (A) of the Indian Constitution
committed patriotism and nationalism. and held that it was the duty of every person to
show respect when the anthem is being played.
Protocol for National Anthem: The Bench opined that there was no space for the
Section 3 of The Prevention of Insults to National “perception of individual rights” in the issue of
Honour Act, 1971 says that, whoever intentionally showing respect to the national anthem, which is
prevents the singing of the Indian National Anthem a symbol of the constitutional patriotism and in-
or causes disturbance to any assembly engaged in herent national quality.
such singing shall be punished with imprisonment
for a term, which may extend to three years or with Committed Nationalism vis-a-vis
fine, or with both. The rule does not grant an excep- Individual freedom
tion even to the physically challenged or differently
In this case the Supreme Court which has earlier
able.
championed and upheld the rights and liberties of
Analysis of the verdict the citizens seem to have deviated from the spirit
of constitutionalism under the guise of nationalism.
Indian constitution envisage for respect to the na- These recent directives on the national anthem by
tional flag and anthem as the “fundamental duty” Supreme Court are clear deviation from its own ear-
Guide
lier track record. By taking the patriotism test into the be debated, but these guidelines of “popcorn na-

cinema hall, by force feeding a notion of nationalism tionalism “are nothing more than a ritual and mere
to people seeking entertainment, Supreme Court has tokenism.
not just offered an instance of striking judicial over-
reach but has also presented a glittering example of Interesting Facts about Indian
populist judgement. It has also let down all those National Anthem
who have come to look up to it as a custodian of con-
stitutional freedoms. Invoking the Constitution while Indian National Anthem is “Jana gana mana…”
moving against its spirit is a trend which must be written by Rabindra Nath tagore.
given more committed and focused review. Judge- The first rendition of the song was during a conven-
ment of the court must uphold the ethos and spirit of tion of the Indian National Congress on December
the constitution, rather than being grossly populist. 16th, 1911.
In a country like India where hallmark of citizen’s ‘Jana Gana Mana’ was performed for the first time
right is individual freedom and liberty as enshrined in Hamburg on 11th September, 1942.
in Article 21 of the constitution, no attempt should It was only on 24th January 1950 that this song
be made by any institution to enforce nationalism. was officially declared as India’s national anthem.
The recent verdict that that has converted cinema
halls into the laboratory of “patriotism test” has The musical notations for the English translation
once again dampened the spirit of Article 19(1) (a) of our national anthem were set by Margaret, wife
and Article 21 of Indian Constitution. of poet James H. Cousins, who was the principal
of Besant Theosophical College.
Conclusion Netaji Subhas Chandra Bose commissioned a free
translation of the national anthem from Sanskri-
Forcing someone to play or to hear the national
tized Bengali to Urdu-Hindi. The translation was
anthem is an insult to the very idea and promise
written by Captain Abid Ali, composed by Captain
of liberty and freedom granted by the constitution.
Ram Singh Thakur and was called Subah Sukh
Respect is something which always comes out from
Chain.
the core of heart and it can never be forced upon.
Whether this judgement will be able to install the Formal rendition of the anthem should take 52 sec-
feeling of committed nationalism or not can always onds by law.
Jobless growth in India

Introduction: Growth of Indian economy has been criticized on the
The growth story of Indian economy has been phe- grounds of its incapacity of creating jobs in propor-
nomenal, especially in post-liberalization period and tion to its growth rate. While the growth rate is one
the same economic growth story has been praised of the highest in the world, the number of created
all over the world. The infamous ‘Hindu growth rate’ jobs in organized sector is abysmally lower than
which used to hover around 4-5% GDP, has steadily many middle income countries. From this perspec-
increased to 9% and even touched double digit during tive, many economists have called Indian growth
2005 – 2012 period. At present, India is the major rate a glaring example of “jobless growth”.
economy having highest economic growth rate across
the world. However, the story is not without blues.
Guide
What Is a Jobless Growth Economy?

In a jobless growth economy, unemployment remains stubbornly high even as the economy grows. This
tends to happen when a relatively large number of people have lost their jobs and the ensuing recovery is
insufficient to absorb the unemployed, under-employed and new members entering the work force.
To put in Indian context, job creation rate of the economy has been significantly low. Only 27 million jobs
were added in the supposedly high-growth period of 2004-2010 compared with over 60 million between
1999 and 2004. The elasticity of employment with respect to GDP declined continuously from 0.52 in the
1970s to 0.02 in the second half of 2000s.
Employment growth and elasticity have declined for the primary sector which is desired in general. How-
ever, it is declining in manufacturing sector also. Similarly, the elasticity of tertiary sector has also declined.
To counter this negative aspect, this year’s Budget had specific provisions to expand productive employment,
while also giving a push to certain sectors of the rural economy and infrastructure that would create jobs.
The move to encourage small and medium enterprises to hire more workers while the state pitches in with
provident fund contributions, and the emphasis on roads and other infrastructure were taken with utmost
importance. However, it will take a lot a lot of factors into account, particularly significantly increased
investments by both private business and the state-before real benefits appear. As things stand, private
investments have been static, and with the government firm on its fiscal consolidation targets, public spend-
ing too is somewhat constrained.
Challenges and measures of Jobless less than 30%. Manufacturing contributes 16%
growth in India to the GDP and employs around 13%. This clearly
depicts a scenario, where the gross addition to
Arguments favoring ‘Jobless-Growth’ in Indian
the GDP has been done by services sector which
economy
is less job intensive compared to agriculture and
• India’s unconventional growth pattern: It manufacturing sector. In other countries, chiefly
is important to recognize that India’s pattern of in East Asian Tigers, the growth is attributed into
growth has been distinctly different and has not manufacturing sector and agriculture sector. Agri-
followed the standard path as other economies cultural productivity is one of the highest in these
follow in a conventional process of development. countries.
In India, the phases of development process or • Import-oriented economy: Post-liberalization
the structural transformation did not go hand in period, India did not move from the import substi-
hand from primary sector to manufacturing and tuting phases of its economic development to an
then the services, one driving the other. export-oriented development strategy and hence
However, for India, it seems that the second failed to witness a strong growth in the labour
(manufacturing) stage of development process intensive segment of the manufacturing sector.
has been bypassed and has entered into the third Opening up of the economy has only strengthened
(service) stage directly from the first (agriculture) it leading to the availability of cheap capital goods
stage. This has created a growth path which is from abroad. The weak base for capital goods has
not participated by manufacturing (job-intensive) further hastened this process and changed it al-
sector. most into a spiral non-ending process.
• Service Sector led growth: Unlike the East • Informal employment generation: Whatever
Asian Tigers such as Japan, Korea and even jobs that were created outside of agriculture
China, in India, growth is attributed to service were mostly in the low productivity – low wage
sector, whereby both employment and wages informal services sector comprising mostly trade,
have seen a rise. But as figures say, the biggest hotels and restaurants. Slow movement of labour
employing sector in India is the Agriculture sec- from the less productive agriculture to the more
tor, employing 45% of the population but contrib- productive manufacturing and service sectors has
uting 15% to the GDP, whereas Service sector is reflected the poor capacity of Indian economy to
the biggest contributor to the GDP but employs generate quality jobs.
Guide
• Stagnation in manufacturing output: Due to Sluggish process in education and skill levels of

excess rigidity in the formal manufacturing labour workers.
market and rigid labour regulations has created
disincentives for employers to create jobs. Indus- • Governance failure: Governance failures have
trial Disputes Act has lowered employment in or- also done a considerable damage to the ability
ganized manufacturing by about 25%. Stringent of business to create more number of jobs. No
employment protection legislation has pushed targeted interventions designed specifically for
employers towards more capital intensive modes specific sectors and less focus on MSMEs. On
of production, than warranted by existing costs of the other hand, bureaucratic hurdle has posed a
labour relative to capital Therefore, the nature of whole new range of challenges to the business
the trade regime in India is still biased towards houses to run their business more smoothly.
capital-intensive manufacturing.
Conclusion
• Slow Infrastructure Development: Infrastruc-
Clearly, there are structural fixes needed to address
tural bottlenecks especially in access to electric-
job creation in the Indian economy. But the challenge
ity, transport etc. has hampered the prospects
is what to do in the intervening period—given that
of ease of doing business in India. This lowered
12 million join the labour force every year. To start
prospects have done great damage to the invest-
with, we need to revisit the question of whether In-
ments which are the prerequisite for creating
dia can skip the “missing middle” of rapid labor-in-
more number of jobs. Lack of backward and for-
tensive manufacturing and jump to a phase of “ser-
ward linkages between agriculture, industry and
vices”-driven growth. If the answer is that we cannot
service sector has failed to create jobs.
do that and have to fall back on manufacturing, so
• Other impediments: Impediments to entrepre- its share in GDP needs to rise sharply. Besides, the
neurial growth in small firms such as high costs organised sector has to constitute a larger share of
of formalization along with a long history of small the sector. To address the problem of jobless growth,
scale reservation policy which has prohibited the the government along the other stakeholders need
entry of large scale units in labour intensive in- to resolve into firm commitment to the rapid eco-
dustries. The tax incentives, subsidies, deprecia- nomic reforms, implementation of policies in spirit,
tion allowance all are solely linked to the amount encouragement to the entrepreneurs, ease of doing
invested and not to the number of jobs created. business etc.
The Rohingyas Issue

Who are Rohingyas in Mayanmar? Myanmar’s military started a systematic persecution
Myanmar is a Buddhist majority state and about of the Rohingyas in the 1970s when thousands were
87.9% of its total population is Buddhist. On the deported to Bangladesh. The rest were stripped off
other hand Rohingyas are Indo-Aryan Muslims the citizenship by the military junta, which often
minority groups predominantly from the Rakhine used the Rohingya problem to muster the public sup-
State (previously known as Arakan state) in West- port for its authoritarian rule.
ern Myanmar. The Rohingya differ from Myanmar’s Since the enactment of the 1982 Burma Citizenship
dominant Buddhist groups ethnically, linguistically, Law, which effectively denies any possibility for Ro-
and religiously. Rohingyas claims that they are in- hingyas of acquiring a nationality, the 1.33 million
digenous to Rakhine State. This view is seriously Rohingyas have led uncertain lives. They have even
contested by the majority of Buddhist population migrated in large numbers to the safer places. The
in Mayanmar which consider them as illegal immi- Burma Citizenship Law, along with denying them
grants from Bangladesh though they have been liv- right to nationality, curtailed their freedom of move-
ing in Rakhine for generations. ment, their access to education and services, and
Guide
legitimized arbitrary confiscation of their properties. • Islamic radicalization
International media and human rights organizations Another growing concern in the region is that if
have often described Rohingyas as one of the most state led prosecution and discrimination of Rohing-
persecuted minorities in the world and also as “boat yas continues in Myanmar, there is a high chance
people”, as they remain stranded on boats while that Islamic radicalization may raise its ugly head.
fleeing from Myanmar. They also migrated to Ban- There are reports of linkages of Rohingya groups
gladesh (especially Cox bazar), Malaysia, Indonesia, with extremists in the region. A lesser known
Australia, India and Pakistan as refugees. Rohingya militant group “Aqa Mul Mujahideen”
(AMM) is believed to be responsible for the recent
Presently, the nascent democracy in Mayanmar
attack on military’s border outpost on October 9. In
along with the stronghold of the military junta in pol-
the long run such radicalization has the potential to
icy formulation has further intensified the complex-
destabilize the peace and tranquility of South Asia.
ities of this issue. The public opinion in Mayanmar
about Rohingyas is highly acrimonious thus any kind • Dent on the credibility of “Democracy Icon”
of support to them by any political party could invite Aung San Suu Kyi
the public backlash. Critics are of view that even the change of guard
in Myanmar after decades of military junta regime
The recent crisis to Aung San Suu Kyi’s National League for De-
A new humanitarian crisis is unfolding in Myanmar mocracy, has not brought any meaningful differ-
by the Military crackdown on Rohingyas since Octo- ence to the lives of the persecuted ethnic groups
ber 2016. Military crackdown on “Islamist jihadists” of Myanmar. The new government has proved to
in the Rakhine State was in retaliation to the attack be ineffective in tackling internal security and hu-
on three border security posts. A series of attacks manitarian crisis. If the crisis continues to linger,
on security posts along the Myanmar-Bangladesh it will surely make a dent in the image of Noble
border in October 2016 rejuvenated ethnic ferocity laureate and de-facto ruler of Mayanmar i.e.
in Rakhine state. Local government and authorities Aung San Suu Kyi as the champion of democratic
accused Rohingya militants for the attacks, stimulat- ethos. There are already voices accusing Aung
ing an inflow of military and police forces to support San Suu Kyi of potentially “legitimizing genocide
a manhunt for those responsible and to tighten se- of Rohingyas” due to her prolonged silence on
curity. Dozens of people were executed in raids and the simmering issue. Some of the staunch critics
more than thirty thousand displaced internally. As have even urged to take away noble peace prize
a result, a new wave of migration of Rohingyas to away from her.
the neighboring countries has started once again. • Chances of isolation of Myanmar
Ironically the immigrants are not even welcomed in Myanmar is surrounded by Muslim-majority
Myanmar’s neighborhood states either. countries such as Malaysia, Indonesia and Ban-
gladesh. There are chances that she might get
Issues isolated diplomatically in the region.
Following are some of the issue which arises out of Malaysian Prime Minister Najib Razak partici-
one of the largest exodus of people from their own pated in a protests rally on 4 December to support
country: the Rohingyas and called for review of Myanmar’s
membership in the regional bloc ASEAN. Malay-
• Human rights Issues
sia is of the view that this issue is of “interna-
The greatest issue which is associated with the tional concern”. Malaysia also canceled recently
Rohingyas is the gross violation of human rights two football matches with Myanmar in protest
in an institutionalized manner. Rohingyas are the of the crackdown on Rohingyas. In November,
victim of “state led persecution”. It is nothing less Bangladesh summoned the Myanmar’s envoy to
than a crime against the humanity. In November express ‘tremendous concern’ over the Rohingya
2016, John McKissick, a senior UN official, ac- persecution. In the world’s largest Muslim-major-
cused Myanmar of conducting “ethnic cleansing” ity country, Indonesia, several Islamic organiza-
in the Rakhine state to free it from Muslim mi- tions have protested the killings of Rohingyas in
nority. Myanmar.
Guide
India and Rohingyas crisis mar’s internal affair. Nevertheless, as a pioneer of

Large influx of radically charged Rohingyas refugees human rights and democratic values she must opt for
posed a grave danger to South Asia in general and political solutions to the issue if time demands so.
India in particular. India being the victim of Islamic Also a stabilized South East Asia is quintessential
fundamentalism since decades at this juncture can- for her own growth and prosperity.
not afford that its own backyard becomes the sanc-
tuary of radicalization. Conclusion:
At this time when Myanmar is looking for greater en-
India till date has remained silent on the ongoing
gagement with the world after years of her isolation
issue due to diplomatic necessities. It’s only in the
due to military junta regime, she can’t afford the on-
recent past that her relations with Mayanmar have
going violence in Rakhine state. The entire episode
become warm and cordial. Prior to this while military
has seriously influenced her relations with her neigh-
junta was in power in Mayanmar, India was not very
bors which are Muslim majority countries. The Ro-
keen to deal with the authoritarian leadership. On
hingya issue has now become an international flash-
the other hand China had always maintained close
point rather from being an internal issue of Myanmar.
proximity with military junta, which had always been
The state led prosecutions have put a serious ques-
the issue of concern for Indian diplomats. The equa-
tion mark on the credibility of Aung San Suu Kyi. Let’s
tion has changed recently between India and Myan-
hope that rationality would soon prevail over the pol-
mar with Aung San Suu Kyi’s National League for
itics of hatred and a viable political solution replaces
Democracy replacing military junta.
the current state of anarchy and violence.
India will not risk its new found friendship with
Myanmar on the issue which she considers as Myan-
The Rohingyas Issue

Who are Rohingyas in Mayanmar? hingyas of acquiring a nationality, the 1.33 million
Myanmar is a Buddhist majority state and about Rohingyas have led uncertain lives. They have even
87.9% of its total population is Buddhist. On the other migrated in large numbers to the safer places. The
hand Rohingyas are Indo-Aryan Muslims minority Burma Citizenship Law, along with denying them
groups predominantly from the Rakhine State (previ- right to nationality, curtailed their freedom of move-
ously known as Arakan state) in Western Myanmar. ment, their access to education and services, and
The Rohingya differ from Myanmar’s dominant Bud- legitimized arbitrary confiscation of their properties.
dhist groups ethnically, linguistically, and religiously. International media and human rights organizations
Rohingyas claims that they are indigenous to Rakhine have often described Rohingyas as one of the most
State. This view is seriously contested by the majority persecuted minorities in the world and also as “boat
of Buddhist population in Mayanmar which consider people”, as they remain stranded on boats while
them as illegal immigrants from Bangladesh though fleeing from Myanmar. They also migrated to Ban-
they have been living in Rakhine for generations. gladesh (especially Cox bazar), Malaysia, Indonesia,
Australia, India and Pakistan as refugees.
Myanmar’s military started a systematic persecution
of the Rohingyas in the 1970s when thousands were Presently, the nascent democracy in Mayanmar
deported to Bangladesh. The rest were stripped off along with the stronghold of the military junta in pol-
the citizenship by the military junta, which often icy formulation has further intensified the complex-
used the Rohingya problem to muster the public sup- ities of this issue. The public opinion in Mayanmar
port for its authoritarian rule. about Rohingyas is highly acrimonious thus any kind
of support to them by any political party could invite
Since the enactment of the 1982 Burma Citizenship the public backlash.
Law, which effectively denies any possibility for Ro-
Guide
The recent crisis mocracy, has not brought any meaningful differ-
A new humanitarian crisis is unfolding in Myanmar ence to the lives of the persecuted ethnic groups
by the Military crackdown on Rohingyas since Octo- of Myanmar. The new government has proved to
ber 2016. Military crackdown on “Islamist jihadists” be ineffective in tackling internal security and hu-
in the Rakhine State was in retaliation to the attack manitarian crisis. If the crisis continues to linger,
on three border security posts. A series of attacks it will surely make a dent in the image of Noble
on security posts along the Myanmar-Bangladesh laureate and de-facto ruler of Mayanmar i.e.
border in October 2016 rejuvenated ethnic ferocity Aung San Suu Kyi as the champion of democratic
in Rakhine state. Local government and authorities ethos. There are already voices accusing Aung
accused Rohingya militants for the attacks, stimulat- San Suu Kyi of potentially “legitimizing genocide
ing an inflow of military and police forces to support of Rohingyas” due to her prolonged silence on
a manhunt for those responsible and to tighten se- the simmering issue. Some of the staunch critics
curity. Dozens of people were executed in raids and have even urged to take away noble peace prize
more than thirty thousand displaced internally. As away from her.
a result, a new wave of migration of Rohingyas to • Chances of isolation of Myanmar
the neighboring countries has started once again. Myanmar is surrounded by Muslim-majority
Ironically the immigrants are not even welcomed in countries such as Malaysia, Indonesia and Ban-
Myanmar’s neighborhood states either. gladesh. There are chances that she might get
isolated diplomatically in the region.
Issues Malaysian Prime Minister Najib Razak partici-
Following are some of the issue which arises out of pated in a protests rally on 4 December to support
one of the largest exodus of people from their own the Rohingyas and called for review of Myanmar’s
country: membership in the regional bloc ASEAN. Malay-
sia is of the view that this issue is of “interna-
• Human rights Issues
tional concern”. Malaysia also canceled recently
The greatest issue which is associated with the two football matches with Myanmar in protest
Rohingyas is the gross violation of human rights of the crackdown on Rohingyas. In November,
in an institutionalized manner. Rohingyas are the Bangladesh summoned the Myanmar’s envoy to
victim of “state led persecution”. It is nothing less express ‘tremendous concern’ over the Rohingya
than a crime against the humanity. In November persecution. In the world’s largest Muslim-major-
2016, John McKissick, a senior UN official, ac- ity country, Indonesia, several Islamic organiza-
cused Myanmar of conducting “ethnic cleansing” tions have protested the killings of Rohingyas in
in the Rakhine state to free it from Muslim mi- Myanmar.
nority.
• Islamic radicalization India and Rohingyas crisis
Another growing concern in the region is that if Large influx of radically charged Rohingyas refugees
state led prosecution and discrimination of Rohing- posed a grave danger to South Asia in general and
yas continues in Myanmar, there is a high chance India in particular. India being the victim of Islamic
that Islamic radicalization may raise its ugly head. fundamentalism since decades at this juncture can-
There are reports of linkages of Rohingya groups not afford that its own backyard becomes the sanc-
with extremists in the region. A lesser known tuary of radicalization.
Rohingya militant group “Aqa Mul Mujahideen”
(AMM) is believed to be responsible for the recent India till date has remained silent on the ongoing
attack on military’s border outpost on October 9. In issue due to diplomatic necessities. It’s only in the
the long run such radicalization has the potential to recent past that her relations with Mayanmar have
destabilize the peace and tranquility of South Asia. become warm and cordial. Prior to this while military
junta was in power in Mayanmar, India was not very
• Dent on the credibility of “Democracy Icon” keen to deal with the authoritarian leadership. On
Aung San Suu Kyi the other hand China had always maintained close
Critics are of view that even the change of guard proximity with military junta, which had always been
in Myanmar after decades of military junta regime the issue of concern for Indian diplomats. The equa-
to Aung San Suu Kyi’s National League for De- tion has changed recently between India and Myan-
Guide
mar with Aung San Suu Kyi’s National League for Conclusion:

Democracy replacing military junta. At this time when Myanmar is looking for greater en-
India will not risk its new found friendship with gagement with the world after years of her isolation
Myanmar on the issue which she considers as Myan- due to military junta regime, she can’t afford the on-
mar’s internal affair. Nevertheless, as a pioneer of going violence in Rakhine state. The entire episode
human rights and democratic values she must opt for has seriously influenced her relations with her neigh-
political solutions to the issue if time demands so. bors which are Muslim majority countries. The Ro-
Also a stabilized South East Asia is quintessential hingya issue has now become an international flash-
for her own growth and prosperity. point rather from being an internal issue of Myanmar.
The state led prosecutions have put a serious ques-
tion mark on the credibility of Aung San Suu Kyi. Let’s
hope that rationality would soon prevail over the pol-
itics of hatred and a viable political solution replaces
the current state of anarchy and violence.
Manipur Blockade
Why in News? The blockade called by UNC is to oppose the creation
Recently, United Naga Council (UNC) called for block- of seven new districts by the state government. UNC
ade of the national highways leading to the Manipur has criticized the state government’s decision as uni-
valley. The blockade has seriously influenced the day lateral and non-consensual. Counter-blockades have
to day lives of the ordinary citizens. This has resulted also been called by other ethnic groups in the state
in the shortages and escalation in the costs of the in response to the blockades by UNC. There have
essential commodities such as fuel, medicines and been reports of escalation of violence in both in the
food. This blockade at the time of demonetisation hills and in the valley.
has added to the suffering of the people manifold.
Why the UNC is opposing state
Manipur’s Demography government?
Manipur is a small north-eastern state with a pop- United Naga Council (UNC) in complete contrast to
ulation of just over 25 lakh and having both hills the residents of the new districts has protested al-
and valley. Imphal, the capital city valley is predom- leging that areas with Naga dominated population
inantly inhabited by the Meiteis, and the hills are have been purposely divided. UNC has also alleged
predominantly inhabited by the Nagas and Kukis. that the decision was taken without the consultation
of all the stakeholders. The council considers the
Immediate cause for the present blocade decision as the complete violation of commitments
made by both the Centre and the State governments.
The state government issued a gazette notification
for the creation of seven new districts by bifurcating No doubt creation of seven new districts will ensure
seven (of the total of nine) districts. This decision by effective administration and decentralization but
state government was in conformity with long-pend- UNC is of the view that some of the new smaller
ing demands of the locals, in particular for a new districts would be under greater political control of
Kuki-majority district to be carved out of the larger the Manipur state administration at Imphal. There is
Senapati hill district. According to the government, also a feeling of embitterment among the Nagas as
the decision for formation of seven new districts was they are of the view that non-Naga tribes like Ku-
taken for administrative convenience and to enable kis would now eventually dominate in districts like
the state government take up development works Kangpokpi — where presently exsists the demo-
effectively even in the remote and underdeveloped graphic balance between the Kukis, the Nagas and
parts of the state the Meiteis.
Guide
The UNC also claims that the creation of new dis- UNC is also trying to pursue the Union government
tricts in the Naga dominated hill areas will encroach to expedite the peace parleys with the Isak-Muivah
upon and divide the traditional land holdings of faction of major Naga insurgent group National So-
Naga tribes. Besides, the government has not con- cialist Council of Nagaland (NSCN-IM) based on the
sulted the Hill Area Committees in this regard before “Framework Agreement” signed last year.
taking the decision. The Hill Area Committees are
formed to protect the rights of hill people, and as Conclusion
per Article 371(C) of Constitution, these committees Central government should not only consider the
must be consulted on any matter related to the tribal present crisis in Manipur as merely a political prob-
population of the area. lem rather it should focus on the larger picture.
Peace in Manipur is quintessential for security of
Effects on Common people north-east India. Attempts must be made to find a
The blockade called by UNC has been causing eco- long lasting political solution which shall be accept-
nomic distress with prices of essential commodities able to all the stakeholders. The solution must be
including fuel and drugs increasing substantially. within the framework of the special constitutional
This blockade has intensely aggravated the prob- status given to Manipur and Nagaland.
lems faced by common people who were already
Call for blocade is nothing but an evil design for eth-
suffering from the scarcity of cash due to demone-
nic polarisation. It has not only deprived the citizens
tisation.
of the basic essentials of life but the fragile peace
in Manipur is also at the stake. Any solution to this
Union government Response political crisis can only be achieved by deliberate
Manipur government has sought the Centre’s assis- multi-stakeholders negotiation. State government
tance to end the blockade. While the Centre has sent must take all pressure groups and political parties
paramilitary forces to both Nagaland and Manipur, into confidence. However it cannot happen in the
the inaction in clearing the blockade of the national backdrop of arm-twisting tactics like blockade. So
highways is puzzling. first and foremost there should be a zero tolerance
It is also interesting that New Delhi is carrying on policy towards all such blockades which should be
peace talks with the National Socialist Council of implemented in both letter and spirit.
Nagalim (Isak-Muivah) group that supports the UNC.
Demonetization: The pitfalls

While the supporters of the government are of the view that implementation is the only issue with
demonetization nonetheless after the weeks of its launch with various sets of data now available
in public, its ideation is also under scrutiny.
Assumptions vis-à-vis reality and other institutions would become dividend for the
Demonetization was based on few assumptions. Central government and this shall be spent on the
One, it was assumed that bulk of black money is public and welfare schemes.
hoarded in the form of cash. Two, sudden demoneti- The idea was to eliminate unaccounted money from
zation of large denomination currency notes with the the economy and to pump it back in the desired sec-
elements of secrecy and surprise will eliminate huge tors and among targeted beneficiaries. Since the
amount of unaccounted cash from the economy. It flow of money from the unaccounted sources to the
was assumed that between 3 to 4 lakh crore of black desired sectors and among targeted beneficiaries is
money would not reach the banks and other institu- in national interest the public was requested to co-
tions though this so called masterstroke. Three, the operate for just 50 odd days.
eliminated money that would not reach the banking
Guide
However, with data of money deposited by people consumption was 59% of the total GDP. Cash crunch

after November 8th now in public it seems that due to demonetization has seriously squeezed the
the assumptions on which the demonetization was domestic demand and private consumption. The
based had flaws of epic proportion. As per the recent policy inconsistency has further imbibed anxiety and
data of RBI till 1st November 2016 11.5 lakh crore of fear. An atmosphere of distrust with such sudden
cash in the banned denomination currencies (out of move will also cast shadow F.D.I inflows. All this has
total 14.5 lakh crore) had already reached the banks triggered the propensity to save and hoard. This will
and other financial institutions. Thus the prophecy have serious implication on the consumption side.
of many economists is getting verified that only a Dwindling demand is directly co-related to the pro-
miniscule amount of black money is present in the duction side as well.
economy in the form of cash.
Acknowledging these facts, RBI in its first bi-monthly
This data has imposed the formidable challenge to estimate of GDP growth post demonetization has de-
the very ideation of demonetization. There is a very creased the same 5 basis point from 7.6 to 7.1%. In
high chance that by 30th of December, a substantial the similar context, the former Prime Minister Man
portion of total 14.5 lakh crore will reach the finan- Mohan Singh is of the view that GDP growth rate
cial institutions. would decrease by 2% due to demonetization.
Disruption of rural economy and Chaos at banking institutions

unorganized sector Post demonetization, banks and ATMs have wit-
Rural economy and the unorganized sector in India nessed serpentine queues. The government has
are predominantly cash driven. More than 40% of failed to provide required cushions like adequate
population has no bank account despite “Jandhan printing of new and old currency notes, recalibra-
world record”. Majority of Jandhan accounts are tion of ATMs and overhauling of banking service
dormant due to financially illiteracy. delivery system. In the Rabi sowing season and the
wedding season the limit on withdrawal has further
Penetration of financial institutions and network of acerbated the issue. Close to 80 unfortunate deaths
ATMs in the rural areas is abysmally low. The liquid- after demonetization portrays the horrendous story.
ity crisis in such scenario has done irreparable dam-
age to the rural economy and unorganized sector.
Go Digital!
Many mico, small scale and cottage industries have
become the victim of demonetization. Most of them With data and facts challenging the governmental
with meager resources, facing the move will never claims that demonetization will act as a master-
able to revive. The supply chain and values chains stroke to curb the black money, the official narrative
of the rural economy have to bear the irremediable of the government has now changed from demoneti-
losses due to cash deficit. zation as a tool to curb black money to demonetiza-
tion as a tool to envisage cashless economy.
Economically vulnerable section like daily wage
workers and agricultural labors and street vendor are Cashless economy and digital payments have many
adversely affected. Migration of such workers has al- advantages over cash transaction like transparency,
ready started from urban to their respective rural vil- accountability and convenience but there are cer-
lages. This shall further increase the pressure on ru- tain preconditions that are quintessential. One, the
ral agrarian economy which is already in deep stress. country should be well equipped with the efficient
infrastructure to support online payments. Two, se-
Primary sector such as Fishing industry and perish- curity related to online transactions and data. Three,
able stock like vegetable and food has faced unalter- financial literacy and trust on online payments. Four,
able losses due to ban. Local cattle markets and grain the low transaction costs in payments
mandis in far flung areas affected badly. The culture
of “Mela” and “Hatt” is on the brink of breakage. In the present context, it seems implausible that In-
dian economy in general and rural economy in particu-
Imperative on Growth lar can abruptly shift to the online payments. The pro-
ponents of cashless economy claims that since mobile
Indian economy was able to sustain the onslaught of phone and smart phones have reached to the bulk of
the multiple recessions in the recent past due to ro- the population, it’s not difficult to transform these mo-
bust domestic demand. In 2015-16, the private final bile and smart phones into point of sale and purchase.
Guide
At this juncture we must understand that India is Security is another major impediment in going cash-
the home of largest number of illiterates and larg- less. Cyber security regime in India is still is the na-
est number of poor in the world. There are pockets scent stage. According to an official estimate about
even in metro cities where connectivity is marred 1000 government websites were hacked in the year
with rampant issues. One can imagine the state of 2015-16. Likewise the bulk of population uses the
affairs in the rural and remote areas. Even the basic low cost “Made in China” smartphones and it’s diffi-
amenities like access to portable water, education, cult to rely on their security.
sanitation, electricity and primary health care is a
We must understand there mere a trigger in the be-
distant dream in many villages and towns, to as-
havior through cash crunch will not induce people
sume that overnight triggered by demonetization the
to adhere to online payments, rather the structural
population there will go cashless is sheer optimism.
changes are required in this context. The recent step
Government should make sure that while making In-
of the finance minister in giving tax and other bene-
dia cashless, the hitches are not created for Bharat.
fits on digital payments is a welcome step.
Supreme Court’s verdict on Representation of

People’s Act (RPA)
The recent judgment of Supreme Court regarding grounds of religion, race, caste, community, or lan-
boarder interpretation of Section 123 (3) of Repre- guage as a corrupt practice. The recent verdict of the
sentation of People’s Act (RPA) is laudable. This ver- Apex court has further amplified the purview of this
dict of the Apex court, which has declared any mobi- Section, making it more vibrant and dynamic.
lization for electoral purpose in the name of religion,
Recently a seven-judge bench of Supreme Court,
race, caste, community, or language as a “corrupt
in a majority judgment of 4:3 in Abhiram Singh v
practice” is definitely progressive and extraordinary.
C. D. Commachen, held that an appeal for votes
Nonetheless the detractors and critics have raised
during elections on the basis of religion, caste, race,
some of the valid issues regarding the mismatch of
community, or language, even that of the electorate,
the Act with the ground realties of the Indian society
will amount to a “corrupt practice” and call for dis-
which also cannot be ignored.
qualification of the candidate. The question which
was referred to seven judge constitutional bench
Sec 123 (3) of RPA: was whether the use of word “his” in Sec 123 (3) of
RPA only meant a bar on appeals made in the name
The promotion of, or attempt to promote, feelings
of the candidate or his rival or his agent, or, does the
of enmity or hatred between different classes of
word also extends to appeal voters on the basis of
the citizens of India on grounds of religion, race,
the religion, caste, community, race, language of the
caste, community, or language, by a candidate or
electorate as a whole. In simple words the question
his agent or any other person with the consent of
against which the Apex court gave the judgment is
a candidate or his election agent for the further-
weather the “corrupt practices” as defined by Article
ance of the prospects of the election of that can-
123 (3) was limited to only the religion of the candi-
didate or for prejudicially affecting the election of
date and his agent or to the religion of the voters in
any candidate. This shall be deemed to be corrupt
general. The Court held that the word “his” in Sec-
practices for the purposes of this RPA 1951.
tion 123(3) was to be understood broadly, referring to
both the speaker as well as the audience. In effect,
Section 123 (3) of RPA and the recent it prohibited appeals on several “grounds” (religion,
verdict caste etc) during the electoral process.
Section 123 of the RPA exclusively deals with the Hitherto, as per the Section 123 (3) of RPA any at-
corrupt practices in the elections. Section 123 (3) of tempt to promote, feelings of enmity or hatred be-
RPA declares divisive and emotional appeal on the
Guide
tween different classes of the citizens of India on • Mismatch with ground realities

grounds of religion, race, caste, community, or lan- Nearly all the political parties have welcomed the
guage was considered corrupt. Henceforth, any kind decision of the Supreme Court. However, it’s a
of appeal for electoral purposes on the grounds of well-known fact that right from the time of select-
religion, race, caste, community, or language shall ing the candidates for elections the caste and re-
be considered as a corrupt practice. ligion dynamics play a paramount role. There are
certain political parties like AIMM, Telegu Desum
Implication of judgment Party, Akali Dal etc. which are based on some of
If electoral mobilization in the name of primordial the identities which this judgment have envisaged
identities like caste, religion, race, community and to disband during the elections. Moreover, some
language will receive a setback by this verdict, of the most vociferous political mobilizations in
there is a high probability that this void shall be the recent past like Patidar movement in Gujarat,
filled by the developmental issues making democ- Jat agitation in Haryana etc. were based on some
racy mature, inclusive, responsive and dynamic. of these identities only. If these identities make
Moreover, appeal for votes on ground mentioned an appeal to the people in one form or the other,
under corrupt practices attracting disqualification the political parties would find innovative ways to
will not only stop candidates from involvement in dilute the impact of the judgment.
these practices but will also stop political parties • Against the tenet of freedom of speech
in overt and loud preaching of such divisive tenden- The judgment infringes with the Freedom of ex-
cies. The Apex Court has thus tried to uphold the pression as enshrined in the Article 19 of the In-
moral responsibility of making the democratic setup dian constitution.
of this country free from evils of divisive and regres-
• Issues with implementation
sive rhetoric.
What will constitute an electoral appeal on the
The pitfalls “grounds” (religion, caste etc.) during the elec-
toral process? Who shall check and report these
The judgment no doubt in the first look seems to be
corrupt practices? Does election commission has
laudable and progressive, however have some pit-
sufficient power and teeth to deal with this new
falls and grey areas.
provision or fast track courts need to be designed
• History being ignored for this task? These are some of the relevant
Since centuries there are various social groups questions that are still unanswered. Also there
which have been institutionally made vulnerable is a high chance that election commission gets
and kept marginalized due to vested interests flooded with forged litigations driven by political
in the name of caste and religion. For inclusive motives in this context.
growth and national integration, the empow-
erment and mainstreaming of these groups is
Conclusion
quintessential. This significant mission cannot Elections in India have evolved from being a polit-
be accomplished by completely separating poli- ical act to the part of life. Even the most stringent
tics from religion, caste etc. and keeping these law would be incapable to separate religion, caste,
variables and away from electoral politics. Inter- language etc. from the political discourses. This is
estingly, Dr. B.R. Ambedker who was a key actor only possible when the political parties driven by the
in the draft of RPA was the founder of All India ethics and values voluntarily discard these practices
Scheduled Caste Federation, a political party and at the same time the voters become so well in-
whose main aim was emancipation of dalits. formed that these primordial identities become re-
dundant and irrelevant for them.
Guide
Delhi High Court Verdict on Copyright

The recent verdict of Delhi High Court in the context Implications of the judgment:
of liberal interpretation of Indian Copyright Act 1957 1. Interests of Publishers
is a welcome step. The Court verdict is based on the
premise that Copyright Act is intended to increase The judgment of Delhi High Court tried for balance
and not to impede the harvest of knowledge. between the “legitimate interests” of publishers
and the right of students to get access to books.
Indian education system and Universities are marred Terming copyright as a statutory right rather than
with some of the serious limitations; this verdict has a “divine” or natural right, Court allows for ex-
tried to address the same. These limitations include; ceptions to the right. Even, Berne Convention and
one colossal mismatches between the number of TRIPS allow countries to carve out exceptions un-
learners and the relevant books and study material der domestic law while ensuring that the “legiti-
available in the public libraries. Two, exorbitant cost mate interests” of the publisher are protected.
of course books (especially that of foreign publishers) Thus Sec 52 (1) (i) INDIAN COPYRIGHT ACT,
that the bulk of learners cannot afford at market prices. 1957 permit the making of copies of literary works
by a teacher or pupil for academic purposes. This
Bone of contention provision is aimed to balance copyright protection
The suit related to copyright violation was initi- with the public interest in ensuring access.
ated by three major international publishing houses Now a pertinent question that arises is whether con-
against Photocopy Service providers of University of ferring unrestricted reprographic rights on academic
Delhi. These publishers claimed that photocopying institutions will drive reputed publishers out of the
of course packs prepared by these Photocopy Ser- field of education? It is true that academic publica-
vice providers comprising the portions from their tions, especially international ones, are expensive,
books was the violation of the Indian Copyright Act. putting them beyond the reach of many students.
Also being the private businesses, they are primarily
The Verdict driven by the profit motives. The unrestricted repro-
In the verdict, the Delhi High Court is of the view that graphic rights and insufficient copyright protection
Copyright is not a natural or common law right in India, may make publishers unsecure about their invest-
but is subject to statute. The Court opined that copy- ment. Eventually, it may lead to backing out of major
right is not an inevitable, divine, or natural right that publishing houses from the country, which might be
confers on authors about absolute ownership of their detrimental for the public interest.
creations. So photocopying for academic purposes is 2. Access to Education
not an infringement as Section 52(1) (i) of the Copyright This radically transformative decision by Delhi High
Act that permits the making of copies of literary works Court will have herculean effect with reference to
by a teacher or pupil for academic purposes. principle of equitable access to education. Access
to education is one of the most important consid-
Sec 52 of “INDIAN COPYRIGHT erations for a developing country like India where
ACT, 1957 libraries and universities have to cope up with the
needs of thousands of students simultaneously. It
According to Indian Copyright Act, certain acts do would be just a utopia to expect every student to
not come under the purview of copyright. The fol- buy hardcopies of every book. Equitable access to
lowing acts shall not constitute an infringement of education is quintessential for a country like India
copyright, namely: where the focus is on protection and promotion of
(i) the performance, in the course of the activities human capital. Optimum utilization of demographic
of an educational institution, of a literary, dramatic dividend will not be possible if access to education
or musical work by the staff and students of the in- is impeded by high cost of relevant educational
stitution, or of a cinematograph film or a sound re- materials.
cordings if the audience is limited to such staff and 3. Global Implications.
students, the parents and guardians of the students
Compliance with international standard for pro-
and persons directly connected with the activities of
tection of IPR is a must in today’s globalized world.
the institution [or the communication to such an au-
dience of a cinematograph film or sound recording.
Guide
The copyright norms of international law (Berne for profit churning mechanism. Any law must be

Convention, TRIPS Agreement) have emerged interpreted in a way that promotes the continuous
from the standpoint of the developed western evolution of human being for the better rather than
world. These laws and norms are aggressively resulting in regression.
pushed by the copyright lobby which is guided by
the vested interests of a few but powerful and
influential multi-national companies. Ironically Different types of Intellectual
these vested interests are shielded in the guise of Property Rights
protection rights for writers and content creators.
The connotations related to the equitable access What is Copyright:- Copyright is a legal right cre-
to education and availability of books and study ated by the law of a country that grants the creator
material at an affordable cost; which are very of an original work exclusive rights for its use and
important for the developing countries have very distribution. Copyright protects only the original
lukewarm presence in the current international expression of ideas, and not the underlying ideas
norms and laws. themselves. Protection provided is usually only
Judgement of Delhi High court provides a new infor a limited time. This exclusive right is not ab-
sight into copyright jurisprudence one which is ccon- solute but limited and there lies some exceptions
current with the view that the end goal of technology to protection of copyright for instance “fair use”.
is the improvement of our lives both material and Copyright is a form of IPR that is recognized under
intellectual. This judgment along with the judgment the 1995 TRIPS Agreement. India parliament has
in the case of generic medicine (Novartis case), has passed INDIAN COPYRIGHT ACT, 1957 for pro-
the potential to sets precedent for developing coun- tection of Copyrights.
tries around the world to follow. Trademark:- A trademark is a recognisable sign,
design or expression which differentiate products
Conclusion or services of a particular source from those of
Ccopyrights law is related with maintaining a bal- others. Owner of a trademark can be business or-
ance between competing ideas of private and public ganisation or an individual.
interest. However with ever-increasing use of tech- Patents:- A Patent is an exclusive right granted
nology and in the age of easy accessibility it shall be for an invention, which is a product or a process
beneficial to have an enabling environment where that provides, in general, a new way of doing
rights of both publishers and people at large are pro- something, or offer a new technical solution to a
tected. The High end publishing houses must shed problem.
their unidirectional approach that copyright law
is all about the protection of the property rights of Geographical Indication:- A Geographical Indi-
owners only. It is much more than that. It is intended cation (GI) is a sign used on products that have a
to increase and not to impede the harvest of knowl- specific geographical origin and possess qualities
edge. It is intended to motivate the authors for better or a reputation that are due to that origin. GI is
creativity for the benefits of the people at last. Pro- provided both for agricultural product and artistic
tection provided by copyright law can’t be the shield products for eg- Benarasi saree, Mysore sandal
soaps etc.
Guide
Disability Bill: An Analysis

The Rights of Persons with Disabilities Act-2016 Features of New Act:

(RPwD henceforth) is essentially an improvement The following are the salient features
over PWD Act 1995 which it shall repeal. The Act of the Act:
will usher the Indian disability movement into a new
age, where disability itself will be defined based 1. The Act, which complies with the direction of UN-
on an evolving and dynamic subject. Many activists CRPD increases the number of recognized disabil-
have termed the new Act as the “Game Changer” ities from existing 7 to 21. This increased number
and have hailed it as a sign of maturing of the dis- includes disabilities due to acid attacks, Parkin-
ability movement in India. These activists also envis- son’s disease, Thalassemia, Hemophilia, Muscu-
age that the current Act would replace discrimina- lar dystrophy cerebral palsy, Dwarfism, sickle cell
tion by empowerment. disease, multiple sclerosis etc.
2. Act also lays down provisions to allow the central
Background government to notify any other condition as a dis-
According to census 2011, the number of persons ability.
with disabilities in India is about 26.8 million i.e. 3. In the Act, in order to strengthen the Prime Min-
2.21% of the total population. However, it seems ister’s Accessible India campaign the emphasis
that this figure has been grossly under-estimated. has been given to ensure accessibility through
India has already ratified United Nations Convention barrier-free way, in public buildings (both gov-
on Rights of Persons with Disabilities [UNCRPD] in ernment and private) and transport system. The
2007. Thus, she is duty bound to provide an enabling implementation deadline for this as per the Act is
and disable-sensitive milieu in order to mitigate two years.
marginalization and vulnerability of the persons with 4. Penal provisions are also provided in the Act for
disabilities. In this context, till date the Parliament offences committed against persons with disabil-
of India has enacted the following four Legislations: ities. Moreover, the violation of the provisions
1. The Mental Health Act – 1987 [To be repealed by of the new law shall invite only fines but no jail
passing of Mental Health Care Bill – 2016] terms. Special courts will be designated in each
2. Rehabilitation Council of India Act – 1992 district to handle cases concerning violation of
rights of PWDs.
3. National Trust Act – 1999
5. The Act has raised the reservation quota from
4. Person with Disability [Equal opportunities, Pro-
existing 3% (1995 Act) to 4% in the government
tection of Rights and full participation] Act 1995-
employment and educational opportunities. Addi-
to be repealed by “The Rights of Persons with
tional benefits such as reservation in allocation of
Disability Act – 2016”.
lands, poverty alleviation schemes etc. have also
The aim of all these legislations is to synchronize the been provided in the Act.
policy regime with the letters and spirit of UNCRPD.
6. As per the Act, every child (within the age group
Do You Know of 6 to 18 years) with benchmark disability shall
have the right to free education.
Prior to this Legislative action, in 2010, government
appointed a committee chaired by Dr. Sudha Kaul, 7. The Act provides for the grant of guardianship by
which submitted a draft bill in 2011, with regard to district court under which there will be joint deci-
nights of disabled persons. The present Act is in line sion making between the guardian and PWD. The
with the recommendations of this committee. Act also provides two types of guardianship. One,
a limited guardianship to take all legally binding
With the passing of RPwD, the Parliament has not only decisions along with the mentally ill person. Two,
tried to address the concerns of arguably the most plenary guardianship to take all legally binding
marginalized section of society but at the same time, decisions for the mentally ill person and is under
the full consensus on the floor of the House shows the no obligation to consult him or consider his will
concern of the policy makers for the upliftment and or preferences, but only in extra ordinary circum-
development of the persons with disabilities. stances.
Guide
8. Broad based central and state Advisory Boards on 3. The Act has missed an opportunity to constitute

Disability are to be set up to serve as apex policy a strong National and State Commissioners for
making bodies at the Central under state level. PWD, with powers on par with civil court. The Act
9. Office of chief commissioner of PWD has been instead continued with the status quo of having
strengthened who shall now be assisted by two only a chief commissioner with advisory role. Un-
commissioners and an advisory committee of not like any other commission – minorities, women,
more than eleven members drawn from experts in SC’s or ST’s which have chairperson from the same
various disabilities. target group; the Act does not ensure that the
chief commissioner should be PWD.
Similarly the office of State Commissioners of
Disabilities has been strengthened who shall be The road ahead:
assisted by an Advisory committee of not more
than five expert members. It’s high time that the bureaucracy, public media and
civil society should get sensitize about the rights of
10. Chief Commissioner and State Commis-
the PWDs. The following needs to be incorporated
sioners will act as regular bodies and grievance
along with this progressive piece of legislation:
redressal Agencies. These shall also monitor the
implementation of the Act. 1. This progressive legislation should be amalgam-
11. District Level Committee will be consti- ated with enabling administrative orders so that
tuted by the state government to address local real efficiency of the policy is achieved.
concerns of PWDs. 2. The country should leverage on the vast potential
12. The Act has the provision for the creation of PWDs by making them skilled at war footing
of the National and State Funds to provide finan- level.
cial support to PWDs. Existing National funds for 3. In 2013, in Union of India Vs. National Federation
PWD and Trust fund for Empowerment of PWD of the Blind, the Apex court has explicitly noted
will be subsumed with new National Fund. the “alarming reality” that the PWDs were out
In nut shell, the new law will not only enhance the of jobs not because their disability come in way,
Rights and Entitlements of PWDs but shall also rather due to “social and practical barriers”. Thus,
provide effective mechanism for ensuring their em- the real fight is to change the mindset and attitude
powerment and true inclusion into the society in a of general public towards specially challenged
satisfactory manner. Despite the various progressive and to bring the much needed sensitivity.
provisions, the Act has a few limitations as well. 4. The behavioral change and the feeling of the
Thus it cannot be assumed as a panacea for the self-confidence needs to be inculcated among the
PWDs. Following are some of the limitations of the PWDs so that they can contribute to society in gen-
Act: eral and their own development in particular
1. Article -253 of the Indian Constitution empowers 5. India’s performance in Paralympics is an indicator
Parliament to enact legislation to give effect to in- that by proper training and guidance special skills
ternational agreements. In the present context it is can be groomed in PWDs to compete at world
ratification to UNCRPD in 2007. Nonetheless, the level.
subject “Disability” per se comes under entry No-9 6. Specialized schools and training centers just like
of the State List. But, the question still lingers that Navodaya Vidhyalaya must be opened in every
whether it is as per federal ethos of the constitu- district to cater the needs of education and skills
tion, for parliament to impose legal and financial of PWDs.
obligations on states and municipalities. The finan- Indian society is marred with deep rooted socio cul-
cial memorandum doesn’t provide any estimate of ture prejudices against PWDs. Let’s hope that new
the financial resources required to meet the obliga- robust rights based legislation with inherent strong
tions specified under the Act. implementation mechanism will ensure social uplift-
2. The provisions regarding penalty of the Act, are ment and empowerment of PWDs. Finally, the focus
very general in nature i.e. they do not identify spe- should be on eradicating the barriers and mindset
cific Acts that would attract a fine but rather has a that play against the advancement of PWDs and
general provision that states that violation of any these should not be relegated to a footnote.
provision of the Act would attract fine.
Guide
COMPARATIVE ANALYSIS
1995 Act 2016 Act
No. of Disabilities 7 21
Covered
Extent of disabili- At least 40% of any disability specified Rights apply to all PWD irrespective of
ties to be covered in Act extent of disability
under Law
Benchmark disability: Person with 40%
of a specified disability can avail benefit
such as reservation in education, employ-
ment, other schemes etc.
Reservation in Employment – 3% in govt. organizational Employment – 4% in govt. organizations
Education and em- within that 1% for specific disabilities (within that 1% for specific disabilities)
ployment in govt.
Education –3 % Education – 4% in higher educational
institutions
institution [Upper age relaxation of 5 yrs\
and free elementary education for those
between 6-18 yrs of age 6-14 and RTE]
Guardianship No provision in PWD Act Guardianship Addresses guardianship of mentally ill
covered under the National Trust Act – persons in terms of limited and plenary
1999 and Mental Health Act 1987 guardianships.
Kigali Amendment
The long standing debate over phasing out of Hy- by the late 2040s under Montreal protocol framework.
dro-fluorocarbons (HFCs) has reached to an end in Under this Amendment, all 197 countries, including In-
Twenty-Eighth Meeting of the Parties to the Mon- dia have agreed to a timeline to reduce the use of HFCs
treal Protocol on Substances that Deplete the Ozone by roughly 85% of their baselines by 2045.
Layer (MOP28) in Kigali city of Rwanda, when 197
countries came together to sign the amendment in Significance of Kigali meeting of Parties
Montreal Protocol. This amendment has popularly (MoP-28)
been known as “Kigali amendment”.
Kigali amendment has been held historic in the sense
Over the years, there has been persistent debate that for the first time any global treaty has phased
between developing countries and developed coun- out a substance on basis of its greenhouse warming
tries on the issue of under what framework HFCs potential (GWP). Hydro-fluorocarbons (HFCs) are not
should be phased out. Developing countries wanted ozone depleting substances per se and in-fact these
HFCs discussions under United Nations Framework were adopted as option of Chloro-Flouro Carbon
Convention on Climate Change (UNFCCC) framework (CFCs) and Hydro-FlouroChloro Carbons (HCFC), se-
whereas the developed countries group led by the verely ozone depleting substances. However, HFC’s
USA and the EU, wanted all discussions pertaining greenhouse warming potential (GWP) is much higher
to removal of HFCs under the Montreal Protocol. than all these mentioned. The average lifespan of
HFCs is also significantly higher than other green-
However, as per the recently concluded MOP in Kigali,
house gases (GHGs). The Kigali Amendment amends
the Kigali Amendment seeks to amend the 1987 Mon-
the 1987 Montreal Protocol and therefore, makes it
treal Protocol which is aimed at phasing out Hydro-fluo-
mandatory for each party of the convention to phase
rocarbons (HFCs), a family of potent greenhouse gases
Guide
• Overall, the agreement is expected to reduce HFC

Historical perspective of Montreal use by 85 per cent by 2045. This will result in a re-
Protocol duction of HFC emissions equivalent to about 70 bil-
lion tonne of CO2 globally. This is equal to more than
Montreal protocol is a part of Vienna convention 12 years of total greenhouse gas (GHG) emissions
of the protection of the ozone layer, also known from the US, world’s second largest emitter of GHG.
as “Montreal Convention”. It was signed back in
India’s stand at Kigali:
Vienna convention in 1985 in order to protect the
ozone layer by phasing out all substances which • India as initiator: Before Kigali, India’s image in
cause ozone depletion. Since its adoption in 1987, climate change negotiations was known mere as
the protocol has undergone several re-examina- ‘reactor’ to other proposals. India has never been
tion and amendments as per the need of time. known for initiating climate change negotiation.
Kigali amendment being the latest amendment However, this time, along with three more coun-
which sought to phase out HFCs by 2045. Due to tries, India were amongst the first four countries
its legally binding nature and increased awareness to propose to phase out HFCs.
about ozone depletion, within only 25 years of sign- • Lead by example: India asked developed coun-
ing, parties to the Montreal Protocol has achieved tries to lead by example. India’s stand was that
significant milestones. Significantly, the world it would agree on its baseline years from 2028-
has phased-out 98% of the Ozone-Depleting Sub- 2030 to 2024-26 if developed countries agreed
stances (ODS) contained in nearly 100 hazardous to reduce their HFC use by 70 per cent by 2027
chemicals worldwide; every country is in compli- and provide greater assistance to the developing
ance with stringent obligations; and, the Montreal countries in terms of finance and technology.
Protocol has achieved the status of the first global • Differentiated approach: India also demanded
regime with universal ratification; even the newest a dual reduction schedule for developing coun-
member state, South Sudan, ratified in 2013. tries: one for China and all those who wanted to
align with China and another for India and other
developing countries. It was accepted and incor-
porated in the agreement.
out HFCs within a definite timeline. Thus, in this
• Volunteer actions: Midst the discussion, India
way, amended Montreal Protocol which was initially
announced voluntary action to eliminate emis-
conceived only to plug gases that were destroying
sions of HFC-23 with immediate effect. HFC-23
the ozone layer now includes HFCs responsible for
is a super greenhouse gas with a GWP of 14,800
global warming. This move will help to prevent a po-
and is produced as a byproduct of HCFC-22.
tential 0.5 degree Celsius rise in global temperature
HCFC-22 is the most commonly used refrigerant
by the end of the century.
in India currently.
The key aspects of Kigali agreement: Ultimately, India agreed to accept 2024-2026 as
• Under the Kigali agreement, parties have been clas- baseline and 85 per cent HFC use reduction by 2047.
sified into three different groups and they are given In return, developed countries agreed to reduce HFC
different timelines to phase out HFCs. The first group use by 70 per cent by 2029 and 85 per cent by 2036.
is of developed countries including the USA and the China agreed to a baseline of 2020-2024 and 80 per
EU, second group is of developing countries with cent HFC use reduction by 2045.
high rate of consumption of HFC like China. The third
group includes developing countries and least devel- Implications for Indian industry
oped countries with low consumption rate of HFCs
In short term, there would be insignificant impact of
like India and Pakistan, etc.
this agreement on Indian industry as India accounts
• Currently, 65% of total HFCs is produced and con- for only 6% of global consumption. India is pres-
sumed by developed countries, out of which the ently underway of phasing out HCFC-22. However,
USA alone accounts for more than 39% of con- many experts have been fearing that in long run this
sumption of HFCs. China accounts for 60 per cent agreement may affect Indian industry. One of the
of global HFC production and 25 per cent of global main reasons for their fear is that the American mul-
consumption. At present, India accounts for only tinationals—Honeywell International and DuPont
6% of global consumption of HFCs. Chemicals—have developed an alternative to HFCs,
Guide
called HFOs. These HFOs are patented products and However, this agreement is a great opportunity for
companies may leverage this by flooding Indian mar- Indian industry to chart a new environment-friendly
ket with costly HFOs. growth trajectory based on non-fluorinated chemi-
cals like hydrocarbons.
What are HFOs?
Way ahead
Hydro-fluoroolefins (HFOs) are unsaturated com-
pound which once reached in the atmosphere, dis- The Kigali agreement offers a golden opportunity
sociate quickly leading to its low greenhouse gas to the entire global community to strike a balance
potential (GHP). The same unstable nature however among development, environment conservation,
may also lead to by-products like trifluoroacetic acid equity and national aspirations. For long been,
(TFA), which in significant quantities is known to the environment conservation negotiations have
cause environmental damage in aquatic ecosystems. been seen mere as tool in hands of some devel-
Additionally, some of the processes for the manufac- oped countries and multi-national companies to
ture of HFO use HCFC 22 as feedstock, which may serve their vested political and economic interests.
lead to the production of HFC 23—a super green- However, the recently concluded Kigali agreement
house gas, with a GWP of 14,800. reflect the global concerns and ability to come over
on same plane on degrading environment issues.
However, India went with a clear strategy to start The world lost the opportunity 20 years ago in 1998
reducing the use of HFCs when the patent for HFOs in Australia, when it knew that ozone substitutes
expires. As the patent for these chemicals are slated had huge implications for climate. But the business
to lapse in 2026/ 2028 in India, India deliberately interests took over and the world did not look at the
chose 2024-2026 as baseline. then nascent but viable hydrocarbon option, sim-
Secondly, India linked its reduction schedule with ply because they were cheaper and had no patent
that of the developed countries. Under the agree- masters. This must not be repeated. Implementa-
ment, in 2029, when India will start reducing the use tion of phasing out of HFCs are going to be tough
of HFCs, developed countries will reach an HFC re- and challenging. After all, there are markets to be
duction of 70 per cent. This means, by 2029 there will gained and lost and money to be made. But in all
be greater technological optimization and increased these, we must not forget the past mistakes and
economies of scale for HFC alternatives to meet the find answers that benefit people and the planet.
needs of the developed countries. This will result in Much is at stake for the world’s “most successful”
further reduction in costs for countries like India. environmental treaty.
Import duty slashed on Wheat Import

The import duty on wheat has been recently slashed to abnormal monsoon the country is marred with the
to zero. The critics and many farmers’ unions have deficit of about 1 million tonnes. This step can effec-
denounced the step as anti-farmer and in the favor tively put a check on rising prices of wheat by mit-
of big MNCs. Nonetheless, if we devolve deeper into igating the supply side constraints and shortages.
the issue and correlate the same with food security Examining the facts, at the end of last year’s Rabi
and de-growth in production in the last two draught season, wheat cost was Rs. 1,600 per quintal. By the
years, the step seems to be rational and justified. end of this year’s Rabi season (October-March), the
prices surged to Rs. 2,100-2,150 per quintal. To re-
The rationale put forward by the government in the
verse these inflationary tendencies the import duties
favor of the decision is that it’s a serious attempt to
have been nullified with an immediate effect inviting
improve the availability of wheat and wheat based
more imports. Thus, the zero duty is advantageous to
product in the domestic market. Soiled wheat pro-
consumers with immediate effect and especially for
duction because of below normal south-east mon-
the bulk of population of north and eastern India for
soon can result in supply side constraints and infla-
whom the wheat is the staple food and quintessen-
tionary tendencies. As per the official estimates, due
tial for food security.
Guide
According to the critics and various farmers’ Union, of about 87 million tonnes. Thus, the apprehensions

the government has succumbed to the pressure tac- related to reduction in domestic wheat production
tics of the foreign agro-MNCs and their lobby. Some due to the impact of the altered market forces driven
of the critics are of the view that this move will have by duty cut seems to be miscalculated
catastrophic impact wheat farmers’ income, who are
Now the pertinent question that arises here is that if
already feeling difficulties in sowing of Rabi crops
wheat sowing has not been impacted by demonetiza-
because of cash crunch caused due to demonetiza-
tion and the area of cultivation has rather increased
tion. These critics have also highlighted that sowing
and there are no other indications that wheat pro-
of wheat was delayed due to the sudden cash-crunch
duction will be down in the ongoing season, then
faced by farmers. The exposure to the international
why is the government allowing import of duty-free
competition introduced by the zero-tax on wheat
wheat? The answer to this question is India needs
import renders the trade unfair. According to them,
wheat till its own harvesting begins in mid–Febru-
this decision shall prove to be a big blow for Indian
ary or beginning of March. In this context the slash
farmers as they would be discouraged from bring-
of import duties is a welcome step. Historically, the
ing additional area under wheat this year due to the
government has protected farmers by changing the
possibility of a price fall. As farmers are normally en-
policy frequently. So, it can levy import duty again
couraged to sow crops that fetch higher prices during
once the domestic harvest will be in the market.
the sowing season. But, the actual facts and ground
realities are totally against the perceptions and fear Policy making should be viewed as dynamic concept
of the critics. The cultivation area of Rabi crops has that is responsive to the exigencies and ground real-
seen a growth of 14% in the current year vis-a-vis ities. No policy remains stagnant forever, the same
previous year. Based on these figures it is estimated holds good for the import duty cut on the wheat.
that the aggregate wheat production in the country Let’s hope that the interests of the farmers and other
for the coming harvest season would be 93.5 million stakeholders would be protected, once the new har-
tonnes as against the country’s annual consumption vest hits the market.
Cashless Economy and Cyber Security

Introduction among BRICS countries only but in the world also. It
Recently, the Government of India (GoI) has pitched is 9.47% in China and 4% in Brazil. Further, the num-
strongly in favour of cashless economy. In fact, the ber of currency notes in circulation is also far higher
discourse on cashless economy has become so in- than in other large economies like the EU, Russia,
tensive that across political, social and economic China and Japan. India had 76.47 billion currency
spheres, “Cashless Economy” has become a buzz- notes in circulation in 2012-13 compared with 34.5
word. Cashless economy, in a nutshell, can be de- billion in the US.
fined as an economy where majority of financial
transactions take place through digital means such Benefits of Cashless economy:
as debit cards, credit cards, e- wallets, electronic Cashless economy has following set of advantages:
clearing, and online payment systems such as Imme-
• Low transaction cost: Prima facie, the transaction
diate Payment Service (IMPS), National Electronic
cost on digital transaction may seem greater than
Funds Transfer (NEFT) and Real Time Gross Settle-
the cash based economy. However, if we consider
ment (RTGS).
the all hidden costs on cash transactions, it will
However, irrespective of euphoria over cashless surely surpass the transaction cost of digital pay-
economy, the ground reality is that the Indian Econ- ments. The transaction cost on digital mode are
omy continues to be driven by the use of cash. Only coming down and will further go down. Once a
less than 5% of all payments happen electronically. substantial part of transactions are cashless, it
In India, the ratio of cash to gross domestic product would bring down the cost of printing, managing
is 12.42% of GDP, which is not one of the highest and moving money around.
Guide
alleviate this friction and increase circulation of
Reasons of dominance of currency.

cash transactions over digital However, irrespective of huge benefits of cashless
transactions in India economy there are fears as well as security con-
cerns. The dismal security conditions of critical infor-
• Lack of access to formal banking and other mation infrastructure of India has only strengthened
financial services: Historically, in India, there such fears. Only recently, sensitive bank debit cards
has been severe limitations over access to information was leaked. More recently, a group of
banking services. Quality and quantity-in both hackers hacked into twitter accounts of important
terms, there has been shortage of formal bank- personalities. This brings us to an important ques-
ing and other financial services. Access to for- tion especially when we trying out new ways to
mal financial services is the foundation of cash- make virtual payments and transactions. Thus, from
less economy. In absence of this foundational this perspective, it makes sense for us to review the
framework, people are forced to do prefer cash cyber security of financial framework in India.
transactions over digital transactions in India.
• Behavioral aspects: Indian consumers are price Cyber security of critical financial
sensitive. Therefore, since there is no transactional infrastructure in India:
costs on cash based transactions, people choose Recently released Norton cyber security report- Rus-
to do transactions in cash. Also, the electronic pay- sia based web Security Company internal report,
ments had been insofar unviable for small value highlights that India witnesses the largest number
transactions due to associated costs. of incidences of ransomware and other online finan-
• Flexibility and predictability: Cash provides cial frauds.
flexibility and simplicity as a transaction needs
only moving from one hand to another, there In India, Cybercrimes are administrated by the Infor-
are no worries about crashing of computers and mation Technology (IT) Act, 2000 as amended by The
losing the transactions. IT (Amendment) Act, 2008. It has a separate chapter
XI entitled “Offences” in which various cybercrimes
• Overwhelming size of unorganized sector: have been declared as penal offences punishable
India has a large unorganized sector with over- with imprisonment and fine. There are no mention of
whelming majority of retailers, suppliers and “financial cybercrime” as such. The enlisted cyber-
service providers. They have neither the infra- crimes under IT Act, 2000 are:
structure to offer digital transactions nor the
inclination to encourage consumers to pay by • Hacking
credit cards, debit cards or by any digital means. • Data theft
• Poor awareness about digital transactions: • Spreading unscrupulous programs (Virus, worms,
The lack of education and awareness among etc.) through computer networks.
consumers regarding use of cards and digital • E-mail spoofing
platforms have also kept them regular on cash
• Pornography
transactions.
• Identity theft
• Online financial frauds
• Convenience: The cashless economy automati-
cally solves the problems of cash out on long hol- Cyber security: Challenges and measures
idays, risk of carrying currency notes etc. in critical financial infrastructure
• Effective countering against black money: Financial services based businesses such as bank-
The lesser use of cash strangulates the grey econ- ing, insurance, e-commerce, e-wallets and online
omy, prevents money laundering and increase tax payments etc. are flourishing with a great speed in
compliance. Increased tax base would result in India. However, despite this, Cyber security in India
greater revenue for state and greater amount has never been given a priority and this is the reason
available to fund the welfare programmes. why we have no robust and resilient cyber security
• Impetus to economy in form of increased infrastructure in India. Banking sector of India is no
transaction: Cash being material, can be pre- different from other businesses or industries. Cyber
vented from circulation but electronic channels security of banks in India is in a very bad shape. De-
Guide
spite many reminders of Reserve Bank of India (RBI), cies need to put a well comprehensive action plan to

banks have paid little or no attention to strengthen address the problem.
their cyber security. Banks in India are also not fol-
A Cyber Crisis Management Plan (CCMP)
lowing any cyber crisis management plan (CCMP)
should be immediately evolved and should be a part
for meeting cyber-attacks situations. Indian govern-
of the greater cyber security eco-system. Consider-
ment has also not prescribed any cyber breach dis-
ing the fact that cyber-risk is different from many
closure norms in India and banks and organizations
other risks, the traditional arrangements may not be
are not reporting cyber breaches happening at their
adequate and hence needs to be revisited keeping in
branches
view the nuances of the cyber-risk. In India, CERT-IN
Financial services such as banking etc. involves (Computer Emergency Response Team – India, a
large scale usages of Information and Communica- Government entity) has been taking important ini-
tion Technology (ICT) in its operation. However, this tiatives in strengthening cyber-security by providing
large scale involvement of ICT, that make this sector proactive & reactive services as well as guidelines,
more challenging to secure from unwarranted web threat intelligence and assessment of cyber threats.
attacks. The CCMP would give a coordinated direction to
these efforts and thus help all the stakeholders to
Use of Information Technology by banks and
tackle security challenges.
their constituents has grown rapidly and is now an
integral part of the operational strategies of banks.
The Reserve Bank, has provided guidelines on Infor- Way forward:
mation Security, Electronic Banking, Technology Risk It is an obvious that the in near future, expansion of
Management and Cyber Frauds wherein it was indi- telecom and smart phones would provide a digital
cated that the measures suggested for implementa- shift to the economy. The private sector would be
tion cannot be static and banks need to pro-actively the driver of this change. Government is also mulling
create or modify their policies, procedures and tech- to provide incentives for electronic payments for ex-
nologies based on new developments and emerging ample waiver of tax when electronic settlements are
concerns. used. However, at the same time, the government
needs to take care of security risks posing threat to
Poor awareness about security aspects among
the financial infrastructure. The need of the hour is
service users have compounded the problem. In such
to build a participative approach towards cashless
cases, even if banks and other service providers re-
economy and cyber security simultaneously; invest
vamp their web-security eco system, users, due to
heavily in research and development (R&D) and to
poor awareness and ignorance, always remain vul-
put a well thought action plan to execute all plans
nerable to web security threats. Therefore, there is
smoothly.
an immediate need to spread awareness about cy-
ber security in India. Banks and other financial agen-
Guide
Issues in the working of the Political Parties

“If democracy and accountability constitute the core of our constitutional system, the same con-
cepts must also apply to and bind the political parties which are integral to parliamentary democ-
racy. A political party which does not respect democratic principles in its internal working cannot
be expected to respect those principles in the governance of the country. It cannot be dictatorship
internally and democratic in its functioning outside.”
170th report of the Law Commission Issues with the working of political
These words of the Law Commission Report give the parties
bird’s eye view of the importance of accountability • Criminalization of political parties: Distribution
in political parties. Political parties are perhaps the of party tickets is perhaps the most discussed
most important institutions and almost indispens- aspect of a political party. Presently, there is no
able to a democratic system. Political parties accom- established convention on distribution of party
plish critical tasks in a democracy which includes tickets. As there is no well-defined process for
selection of candidates, mobilisation of the elector- the distribution of tickets to candidates before
ate, formulation of agendas and the passing of leg- elections, tickets are given to candidates on the
islation. However, in recent past we have witnessed vague concept of potential “winnability”. This
how the functioning of political parties of India has has led to problem of candidates with criminal
deteriorated internally as well externally. While it is backgrounds making forays into the Lok Sabha
true that politics is inseparable from political parties and State Assemblies.
as they are the prime instruments for the execution By virtue of money and muscle power, criminals
of the same, there must be some ethical systematic are considered winnable candidates and political
standard of doing so while respecting internal orga- parties are not shy about giving tickets to them.
nizational values, transparency, accountability and According to the data analyzed by the Associa-
national interests at the same time. tion for Democratic Reforms (ADR), there are 162
In India, there are mainly two categories of political Members of Parliament in the 15th Lok Sabha
parties in India- National and State or regional parties, with criminal antecedents.
and are so recognized by the Election Commission of The Election Commission of India (ECI) and other
India (ECI) on the basis of certain specified criteria. commissions on electoral-political reforms in-
cluding the Goswami Committee on Electoral Re-
Constitutional and legal position of forms (1990), the Vohra Committee Report (1993),
political parties in India the Indrajit Gupta Committee on State Funding of
Elections (1998), the Law Commission Report on
Political parties do not find any direct mention in the Reform of the Electoral Laws (1999), the National
Constitution of India. However, there is one provi- Commission to Review the Working of the Consti-
sion in the Constitution which is directly relevant to tution (2001), the Election Commission of India –
the functioning of political parties- the Tenth Sched- Proposed Electoral Reforms (2004). In the similar
ule. The Tenth Schedule of the Constitution was context the Second Administrative Reforms Com-
added by the Constitution (Fifty-second Amend- mission (2008) in India, has suggested disbarring
ment) Act, 1985. It deals with the disqualification candidates with criminal cases from contesting
of a person for being a member of either House of elections. Political leaders from various parties
Parliament [Art. 102(2)] or the Legislative Assem- also raise this issue every now and then. How-
bly or Legislative Council of a State [Art.191(2)], ever, political parties have consistently abating
on ground of defection. In the absence of the suffi- these concerned voices.
ciently detailed constitutional provisions, the onus
of framing and administering the rules and regula-
tions governing political parties in India is on the
Election Commission
Guide
norms and institutions systematically over the

Important judicial pronouncements last fifty years of the working of the Constitution.
on “criminalization of politics”: In the process, both the politicians and political
parties have lost their credibility, the ultimate
Lily Thomas v/s Government of India (GoI): This pe- value that should bind them with the masses.
tition in front of Supreme Court challenged the va- There seems to be a crisis of character amongst
lidity of section 8(4) of the Representation of People the politicians, as the system does not encourage
Act (RPA) the honest leader. Because of the falling moral
standards both in the public and among the lead-
• Lack of intra-party democracy and dynasty ers, criminalization of politics and politicization of
politics: The lack of intra-party democracy has criminals has become the norm. Due to degener-
contributed to the growing nepotism in political ation of leadership, parties have been entangled
parties. For the MPs in the 15th Lok Sabha, there in power struggle for the sake of personal ends.
is a direct relationship between age and links to a • Leadership quality: One of the fundamental
political family. According to a report, all MPs be- differences between older party system and new
low the age of 30 in the 15th Lok Sabha are from party system is that the older political leadership
political families. Additionally, all 11 MPs from had risen from the ranks. The rise was neither
a particular political party below the age of 35 sudden nor irrational, and their adherence and
years are hereditary MPs. In this way, dynasty is commitment to party ideals and ideology was
at the forefront in the ongoing ticket distribution unflinching. They respected party discipline. The
process. With senior party leaders fielding their present day political leadership seems to be in a
sons, daughters and nephews in the Lok Sabha tremendous hurry to reach up to the top, and is
elections, the succession plans for “family” con- not shying away from using short cuts, dubious
stituencies are being put in place. methods, and money or muscle power to achieve
The Representation of People Act, 1951, was their objective. The entry of the toughs and per-
amended in 1989 to include Section 29, which sons with criminal background to the portals of
deals with the provisions for registration of politi- the legislature is a very serious consequence of
cal parties with the Election Commission of India. these trends
Section 29 (A) (9) dealing with the internal elec- • Fractionalization and coalitions: Since
tions states, “after an association or body has 1990s, the trend of coalition governments have
been registered as a political party as aforesaid, increased tremendously. A significant impact of
any change in its name, head office, office-bear- the trend towards coalition governments in India
ers, address or in any other material matters shall has been its effect on the policy outcomes
be communicated to the Commission without Today, the regional political parties have come
delay.” However, defying this provisions, hardly to play a very effective role in the formation and
any information about internal elections is pro- deformation of governments leading to political
vided to the Election Commission. The judiciary instability and frequent elections. However, there
has also taken note of the lack of intra-party de- is a need to conceptualize the role of regional
mocracy within political parties and the Lucknow political parties in a democracy like India. The re-
Bench of the Allahabad High Court has issued a gional parties come into power because of some
notice to the ECI in February 2014 seeking its re- popular stand that they take up on some local is-
ply on the internal elections held in the political sues. The national political parties have to align
parties in response to a Public Interest Litigation. with them due to political compulsions without
• Lack of ideology and values in politics: There commitment in detail to everything that regional
has been a steady erosion of the ideological ori- parties may profess. But a problem continues in
entation of political parties. Party dynamics in In- the relationship between national and regional
dia has led to the emergence of valueless politics parties as a national party has to cater to national
much against the ideals of our freedom fighters issues and causes which should naturally admit
and constitutional framers, who believed that of no regional barriers; while regional parties by
the prime goal the service of the people. How- their very nature have to take up only local issues.
ever, on the contrary, the political parties in India Hence, the national party too tends to become
have constantly been demolishing the democratic ‘regional’ as it adopts a regional platform.
Guide
• Funding of political parties: To perform various their financial matters are not covered under the
functions and contest elections in an effective Right to Information Act.

manner, every political party requires huge funds. Only recently, the government amended the For-
Apart from expenditure for the office establish- eign Contribution and Regulation Act (FCRA) so
ment, full time-workers, agitations, propaganda that political parties could receive funds foreign
and travel; these parties have to organize elec- based sources as well.
tion campaigns. But the financial matters of party
are kept secret while other aspects of organiza- Conclusion
tion are made public. Very little is known about In contrast to what erstwhile American president
finances of political parties. In fact, secrecy is Churchill infamously predicted about Indian democ-
maintained even within a party. Only a few lead- racy, the Indian democracy has outlived all suspicions
ers at the higher level know the truth about the about its ability to survive and provide the country
total funds and expenditure. Parties do not pub- with stable leadership. The question whether Indian
lish statements of accounts, income and expen- democracy would keep serving the country in same
diture, though financial matters are discussed manner as it did in last six decades age is a ques-
at conventions and conferences or in meetings tion with very less relevance. However, the quality
of higher bodies like working committee or the of democracy is indeed a matter of grave concern
executive committee. Many political parties and for the people of India. In a country where despite
candidates have been found to be using dubious having highest economic growth rate, also hosts the
methods in raising funds, like kickbacks, funds highest number of poor people; rampant corruption;
from foreign countries and even from donations caste and identity politics; the leadership must be
by mafia gangs and other non-desirable ele- scrutinized through all possible measures. In respect
ments. The political parties are not answerable of this, reforms in political parties should be the first
to anybody about the source of the fund and its step. The parties must be made accountable to the
usage. The culture of opacity prevails in financial Indian democracy for what they do or intend to do.
matters. Interestingly, the political parties and

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The Final Leap

Toppers’s Opinion on Interview

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Positive Attitude: The Key to Success

IAS Interview: An Insight

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What Matters is Vision

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Congratulations! Are your replies ‘just’ informative?

IAS Interview: An Insight

Toppers’s Opinion on Interview

Subham Chaudhary Rank 11(2013)

Name Shubham Chaudhary

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Marks obtained in this attempt:

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personally with such large numbers of

Toppers’s Opinion on Interview

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Gurkirat Kirpal Singh Rank 3(2012)

Name Gurkirat Kirpal Singh

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Name Nitin Singhania

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Q: How was the atmosphere during your Interview?

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Me Sir, the Taj Mahal.

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Name Abhilasha Kumari Sharma

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M1: Do you know what is an earthquake? M3: Why is Patratu famous?

Member-2 (M2) M4: What is learning by learning?

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Raghavendra Singh Rank 12 (2012)

Name Raghvendra Singh

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Marks Obtained in this Attempt

Srinivasa Ramanujan, on electrical should keep in mind while facing the

S Nagarajan Rank1 (2004)

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Johny Tom Varghese Rank 8(2013)

Name Johny Tom Varghese

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Name Amrita Banerjee

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Name Zuhair Bin Saghir

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Toppers’s Opinion on Interview

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Name Alok Ranjan Jha

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How was your interview? What was your experience?

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