Insight IAS Mains 2019 Test 3

INSIGHTS IAS MAINS TEST SERIES 2019
Synopsis
1. Discuss the Gandhian influence on the Indian

constitution. (10Marks, 150 Words)
Ans: Gandhian Constitution for Aundh interested historians of what would
have been the shape of the Indian constitution had Gandhi not been
assassinated. In the formative years of 1950’s for India whose development
was still at a very nascent stage Gandhian constitution could have further
propelled the socio economic concepts further in Indian
constitution.However,Gandhiji although not a member of Constituent
assembly,his principles have been well established in the Indian Constitution
which has made it a Comprehensive ,Inclusive and a Democratic One.
Gandhian Influence on the Indian Constitution:
1) Preamble And Gandhian Socialism:
The Preamble aims to set out the following objectives to every
Citizen;Justice : Social, economic and political ;Liberty : of thought ,
expression, belief, faith and worship;Equality : of status and of opportunity;
and to promote among them all ; Fraternity : Assuring the Dignity of the
individual and the unity and integrity of the Nation.
Freedom and justice had been the two basic pillars of democracy of
Mahatma Gandhi’s imagination. He saw the welfare of all, general and
particular, in a democracy where equal freedom and justice are available.He
had a keen desire to restore the dignity of all human beings.Gandhi was a
great defender of equal liberty for all.
2)Fundamental Rights And Fundamental Duties:
Gandhiji said that "Rights accrue automatically to him who duly performs
his duties. In fact the right to perform one’s duties is the only right that is
worth living".He connected rights with Morality.
He laid great emphasis on banishing untouchability, promoting Hindu-
Muslim unity, promoting literacy and in the development of a great
nation.These are reflected in Part III (art 14 to 18) and Part IVA(art51A) of
the Indian Constitution.
3)DPSPs:
The Constitution of India aims to establish not only political democracy but
also socio-economic justice to the people to establish a welfare state. With
this purpose in mind, our Constitution lays down desirable principle and
guidelines in Part IV known as the Directive Principle of State Policy.
The Constitution does not contain any classification of the Directive
Principles. However, on the basis of their content and direction, they can be
classified broadly into socialist, Gandhian and liberal-intellectual.
Gandhian principles in DPSP:
Based on Gandhian ideology, these include
1).To organize village Panchayats and endow them with necessary powers
and authority to enable them to function as units of self government. (Art
40)
Relevance:-
Gandhi knew that India lived in her villages and one of the key ideas that he
advocated was to place the maximum emphasis on developing villages as
self-sufficient republics.
He believed that unless villages are developed and made self sufficient, it
will lead to mass migration, overcrowded cities and the vicious circle of
poverty and under-development cannot be extinguished.
However in the present context with 73rd and 74th constitutional
amendments governments have realized the importance of local governance.
With increase in urbanization and pollution becoming a hazard in cities
slowly people are moving to villages.
2).To promote cottage industries on an individual or co-operation basis in
rural areas. (Art 43)
Relevance:-
Full employment cannot be attained through the development of large scale
industries. Most of the unemployed people live in rural areas. The cause of
rural underemployment is the seasonal nature of agriculture.
The problem of unemployment can be tackled only by developing village
and cottage industries.
3).To promote voluntary formation, autonomous functioning, democratic
control, and professional management of co-operative societies. (Art 43B)
Relevance:-
Cooperatives not only provide economic benefits but also empowers large
number of women through SHGs
Help in social and economic upliftment.
They have the ability to solve current issues of farmer suicide by providing
subsidiary incomes
4).To promote the educational and economic interests of SCs, STs and other
weaker sections of the society and to protect them from social injustice and
exploitation. (Art 46)
Relevance:-
Scheduled castes and tribes are still one of the discriminated sections in the
society. Even though social status of these sections has increased but many
still face social stigma.
Many measures have been taken by the government to empower them.
5).To prohibit the consumption of intoxicating drinks and drugs which are
injurious to health. (Art 47)
Relevance:-
Recently many states have enacted laws on prohibition. Alcohol
consumption has adverse effects on families leading to domestic violence .
Also drug menace is rampant in many parts of India. So active measures to
curb them are necessary.
6).To prohibit slaughter of cows, calves and other milch and drought cattle
and to improve their breeds. (Art 48)
Relevance:-
Even though this aspect has helped in providing additional incomes to the
farmers by raising cattle,there have been many disturbances violating
gandhian principle of non violence.
Gandhiji and Democracy:
Gandhiji wished constant development of democracy on the basis of high
human values including morality so that it could pave the way for a stateless
society at the global level. But he believed in minimum government and
maximum governace to prevent abuse of democracy.
This has been reflected in Indian Constitution through Decentralisation of
power through 73rd,74th Amendment acts and also through Art 324 dealing
with elections;the backbone of democratic structure.
Conclusion:
Gandhi’s ideals devised in Indian constitution are extremely relevant moral
and social mirror to society. Thus, the Gandhian model and the modern
Constitution seem to be getting closer to each other. Gandhism reflected by
Gandhi and his followers in Constitution making, he can be called one of the
founding fathers of Indian Constitution.Just like Indian Constitution is an
evolving and Everliving document,Gandhi belongs to the humanity for
eternity.
2. The Article 35-A infringes the Constitution’s basic

structure. Comment.(10Marks, 150 Words)
Ans: Context:
• There was a writ petition filed by an NGO “We the Citizens” challenging
the validity of both Article 35A and Article 370.
• It argued that four representatives from Kashmir were part of the Constituent
Assembly involved in the drafting of the Constitution and the State of
Jammu and Kashmir was never accorded any special status in the
Constitution.
• Article 370 was only a ‘temporary provision’ to help bring normalcy in

Jammu and Kashmir and strengthen democracy in that State.
About Article 35A:
• It is the provision incorporated in the Constitution in 1954. It gives the

Jammu and Kashmir Legislature a carte blanche to decide, who are all
‘Permanent Residents’ of the State.
• This confers on them special rights and privileges in public sector jobs,
acquisition of property in the State, scholarships as well as public aid and
welfare.
• If a native woman marries a man not holding a permanent resident certificate

of Jammu & Kashmir, then she would restrict from her property right.
• The Instrument of Accession gave only limited rights to the Centre to

interfere with the autonomy of J&K.
• That is why Article 370 was introduced, to recognise the special status of
J&K.
• It said that the power of Parliament to make laws in J&K shall be limited to
those matters in the Union List and the Concurrent List which, in
consultation with the State government, are declared by the President to
correspond to matters specified in the Instrument of Accession.
Article 35A and The Basic Structure:
The basic structure doctrine is an Indian judicial principle that the

Constitution of India has certain basic features that cannot be altered or
destroyed through amendments by the parliament.
Why Article 35A infringes the Basic Structure:
• The laws enacted in pursuance of Article 35A are ultra vires of the
fundamental rights conferred by Part III of the Constitution, especially, and
not limited to, Articles 14 (right to equality) and 21 (protection of life).
• Article 35A was not added by parliamentary procedure under article 368. It
has been enacted by executive order by president and it has to procedure by
legislature procedure.Supremacy of the Constitution is a basic structure.
• It prohibits a non-resident from owning property in the State of J&K, is

discriminatory and violates Art 19(d) and Article 19(e)
• It has been criticized of being unfair to the women and It challenges the
gender equality.Freedom and dignity of the individual is a basic structure.
• Article 35A is against the “very spirit of oneness of India” as it creates a

“class within a class of Indian citizens”.Unity and Integrity of nation is a
basic structure.
• Non-permanent residents of J&K are not eligible for employment under the
State government and are also debarred from contesting elections.Welfare
state, unity and integrity of nation is a basic structure.
• Meritorious students are denied scholarships and they cannot even seek
redress in any court of law.Equal access to justice is a basic structure.
Why Article 35A does not Infringe Basic Structure:
• The canonical rule established in 1973, in Kesavananda Bharati v. State of

Kerala , that the powers of amendment under Article 368 are not plenary and
that the Constitution’s basic features cannot be abrogated, was based
expressly on an interpretation of the text of Article 368.
• Its logic doesn’t extend reflexively to amendments made under Article 370,
a provision, which in and of itself, is essential to maintaining India’s federal
structurewhich is asymmetric federation
• . Besides, more than six decades have elapsed since Article 35A was
inserted, and by now vast tracts of properties would have doubtless changed
hands.
• In such cases, where constitutional amendments create vested rights in

persons, as the Supreme Court held in Waman Rao v. Union of India , an
amendment made prior to the decision in Kesavananda cannot be susceptible
to a basic structure challenge.
• To hold otherwise would have consequences far more devastating than

might immediately be apparent.
Way Forward:
• It is necessary to give confidence to the residents of J&K that any alteration

in status quo will
not take away their rights but will boost J&K’s prosperity as it will open
doors for more investment, resulting in new opportunities.
• Article 35A, which was incorporated about six decades ago, now requires a
relook, especially given that J&K is now a well-established democratic
State.
• The whole project of federal nation-building requires constant negotiation

between the nation-state and its components. Such efforts need to have an
underpinning of at least some kind of transparent democratic process
• If Article 35A is to be removed, it must be removed as an expression of the

will of the people, through a political process which includes the people of
Jammu and Kashmir in the discussion.
• Former Prime Minister Atal Bihari Vajpayee firmly believed that the issues
relating to J&K could be resolved following the principles of insaniyat
(humanity), jamhooriyat (democracy) and Kashmiriyat (Kashmiri values).
Hopefully, this issue will be resolved using the same principles.
3. What do you understand by the constitutional values?

Discuss the nature and purpose these values that are
enshrined in the Indian constitution. (10Marks,150
Words)
Ans:The Constitution of any country serves several purposes. It lays down
certain ideals that form the basis of the kind of country that we as citizens
aspire to live in. A country is usually made up of different communities of
people who share certain beliefs, but may not necessarily agree on all issues.
A Constitution helps serve as a set principles, rules and procedures on which
there is a consensus. These form the basis according to which the people
want the country to be governed and the society to move on.T his includes
not only an agreement on the type of government but also on certain ideals
that the country should uphold.
The Indian Constitution has certain core constitutional values that constitute
its spirit and are expressed in various articles and provisions. value is that
which is very essential or ‘worth having and observing’ for the existence of
human society as an entity. The Indian Constitution Contains all such
values, the values that are the universal, human and democratic of the
modern age.
Constitutional Values in the Indian Constitution:
The word ‘Sovereign’ emphasizes that there is no authority outside India on
which the country is in any way dependent.
By the word ‘Socialist'(added by the 42nd Amendment Act 1976), the
Constitution means that the achievement of socialistic pattern of society
through democratic means.
India is a ‘Secular (added by the 42nd Amendment Act 1976) state’ does
not mean that India is non-religious or irreligious, or anti-religious, but
simply that the State in itself is not religious and follows the age-old Indian
principle of “Sarva Dharma Samabhava”. It also means that the State shall
not discriminate against the citizens in any way on the basis of religion.
The term ‘Democratic’ means that the rulers elected by the people only,
have the authority to run the government. India follows a system of
‘Representative Democracy’, where the MPs and MLAs are elected directly
by the people.
The word ‘Republic’ means, the head of the state is an elected representative
(directly or indirectly) and not the hereditary monarch.
Nature and Purpose of Constitutional values:
The Preamble to an act sets out the main objectives which the Constitution is
intended to achieve.
The following are the objectives which the Preamble the preamble secures to
every citizen –
1) Social, economic and political justice:
The first objective set out by Preamble is to secure justice social, economic
and political. Article. 38 also provides that the State shall promote the
Welfare of the people and social order.
2) Liberty of thought, expression, faith and worship :
Article 19 (1) (a) guarantees fundamental right to freedom of speech and
expression and an Article 25 and 26 guarantee freedom of conscience,
freedom to profess, practice or propagate any religion, to manage religious
institutions.
3) Equality of status and opportunity : Article 14 to Article 18 guarantee
Right to Equality.
Thus, Preamble of Indian constitution not only gives nature and source, aims
and objectives but also the pattern and mode of the Constitution.
4) To promote fraternity :
Fraternity means Brotherhood. It implies that all citizens should have
a feeling that they are members of the same family with common interest.
There are many provisions in the Constitution incorporated with a view to
promote this kind of feeling in the citizens.
5) To ensure dignity of individual :
The Constitution gives proper place to every individual and
guarantees valuable freedom to each individual to develop his personality
with certain restrictions.
6) To assure unity and integrity of nation :
The word integrity was added by 42nd Constitutional amendment
1976. The Preamble aims at the unity and integrity of the nation.
4. What are the ‘reasonable restrictions’ that can be put on

the fundamental Right to Privacy? (10Marks,150 Words)
Ans:Privacy was upheld as a fundamental right by a nine-judge Constitution
Bench of the Supreme Court of India on Thursday, thus making it clear that
anyone can challenge the actions of the state or other entities against this
right. The bench unanimously found that privacy was a right emanating from
Article 21 of the Constitution, which guarantees a right to life and personal
liberty. But like every fundamental right, the government also has the power
to impose “reasonable restrictions".
Reasonable Restrictions that can be put on Right to Privacy:
• The first requirement that there must be a law in existence to justify an

encroachment on privacy is an express requirement of Article 21. For, no
person can be deprived of his life or personal liberty except in accordance
with the procedure established by law. The existence of law is an essential
requirement.
• Second, the requirement of a need, in terms of a legitimate state aim, ensures

that the nature and content of the law which imposes the restriction falls
within the zone of reasonableness mandated by Article 14, which is a
guarantee against arbitrary state action. The pursuit of a legitimate state aim
ensures that the law does not suffer from manifest arbitrariness.
• The third requirement ensures that the means which are adopted by the
legislature are proportional to the object and needs sought to be fulfilled by
the law. Proportionality is an essential facet of the guarantee against
arbitrary state action because it ensures that the nature and quality of the
encroachment on the right is not disproportionate to the purpose of the law.
• Other fundamental rights

• Legitimate national security interest
• Public interest include scientific, historical or statistical purposes
• Criminal offences
• Anonymised data
• Taxes
• Collection of data for social welfare
Way forward:
The government also needs to identify its legitimate aims.The legitimate

aims of the state would include for instance protecting national security,
preventing and investigating crime, encouraging innovation and the spread
of knowledge, and preventing the dissipation of social welfare benefits and
these expansive set of categories could help the government defend a
number of its laws or proposed ones that have been accused of violating a
right to privacy.
5. Suggest measures to make Indian courts more

efficient. (10Marks,150 Words)
Ans There are more than 3 crore cases pending in different courts of India.
Many of these cases are pending for more than 10 years. Below are the
approximate number of cases pending in Supreme Court, High Courts and
District and Subordinate courts in India.
• Around 60,000 cases are pending in Supreme Court.
• Around 42 lakh cases are pending in different High Courts.
• Around 2.7 crore cases pending in District and Sub-ordinate Courts.
Measures to make Indian courts efficient:
1).Clearingout of Long Pending Case
• Lower courts in Kerala, Punjab, Himachal Pradesh, Haryana, and

Chandigarh have disposed of almost all cases that had been pending for a
decade or more.
• It is a welcoming and surprising news
Today, there are only a total of 11,000 cases pending for over 10 years in
these four states and the Union territory of Chandigarh
• This is impressive given that the national pendency count is at around 2.3
million cases.
• Delhi, Assam, Andhra Pradesh, Madhya Pradesh, and Karnataka are also
close to clearing out long-pending cases.
2).Lessons that Indian Judicial System can learn from lower courts of
Punjab and Haryana
• The high court of Punjab and Haryana has jurisdiction over the lower courts
of Punjab, Haryana and Chandigarh
• Almost a decade ago, it set up a case management system—i.e. a mechanism

to monitor every case from filing to disposal
• It also began to categorize writ petitions based on their urgency
• In addition, it set annual targets and action plans for judicial officers to
dispose of old cases,
• And began a quarterly performance review to ensure that cases were not
disposed of with undue haste
• All these measures ushered in a degree of transparency and accountability in

the system, the results of which are now apparent
3).Judicial Case Management
• In this system, the court sets a timetable for the case and the judge actively
monitors progress
• This marks a fundamental shift in the management of cases—the

responsibility for which moves from the litigants and their lawyers to the
court
4).Measures from the Law Commission of India’s Report
The Law Commission of India in its 230th report has also offered a long list
of measures to deal with the pendency of cases
These include
(1) providing strict guidelines for the grant of adjournments
(2) curtailing vacation time in the higher judiciary
(3) reducing the time for oral arguments unless the case involves a
complicated question of law
(4) and framing clear and decisive judgements to avoid further litigation
Way Forward
• The courts should also seriously consider incorporating technology into the
system.
• Digitizing courts records has been a good start in this context.
• Just like automation powered by Artificial Intelligence is already helping

doctors, it can also be leveraged to assist judges and lawyers.
6. Why is the Parliament’s Public Accounts Committee

(PAC) known as the “mother of all Parliamentary
Committees”? Explain. (10Marks,150 Words)
Ans: Recently, the Public accounts Committee had summoned the RBI
governor and has also stated that the committee could even summon the
Prime Minister in case it was not satisfied with the explanation on
demonetization by the governor. The Public Accounts Committee is called
the ‘mother of all Parliamentary committees’ and is the authority to look
after the expenditures of the government.
Composition
The committee was first set up in 1921 under the provisions of the
Government of India act of 1919. It consists of 22members, 15 from the Lok
sabha and 7 from the Rajya Sabha. A minister cannot be elected as a
member of the committee. The chairman of the committee is appointed by
the speaker, from the opposition as a convention
PAC is called the Mother of all Committees due to the following role
performed by the Committee:
• To examine the appropriation accounts and the finance accounts of the union
government and any other accounts laid before the Lok Sabha.
• In scrutinizing the appropriation accounts and the audit report of CAG on it,
the committee has to satisfy itself that-
• The money that has been disbursed was legally available for the applied
service or purpose;
• The expenditure conforms to the authority that governs it;
• Every reappropriation has been made in accordance with the related rules.
• To examine the accounts of state corporations, trading concerns and

manufacturing projects and the audit report of CAG on them.
• To examine the accounts of autonomous and semi-autonomous bodies, the

audit of which is conducted by the CAG.
• To consider the report of the CAG relating to an audit of any receipts or to

examine the accounts of stores and stocks.
• To examine money spent on any service during the financial year in excess
of the amount granted by the Lok Sabha for that purpose.
• The CAG acts as the friend ,Philospher and guide to the committee.
• Thus the PAC examines public expenditure not only from legal and formal
point of view to discover technical irregularities but also from the point of
view of economy, prudence, wisdom and propriety to bring out the cases of
waste, loss, corruption, extravagance, inefficiency and nugatory expenses.
• It can also make recommendations to streamline the administration for

efficient, speedy and economical implementation of policy.
• The PAC’s power to scrutinize expenditure provides for Parliamentary

oversight over Executive decisions and acts as a check on slackness,
negligence and even wrongdoing on the part of the Executive.
• The PAC can summon the persons related to policy decision for the
explanation. Recently RBI governor was summoned for explaining motives,
impact and other questions related to the demonetization move.
• Thus due such wide powers vested in the PAC, it is known as the mother of
all committees.
However, there are certain drawbacks of the committee. It mainly does the
post mortem examination of accounts, i.e. once the expenditure has
occurred. Most of its functions are advisory in nature and not binding upon
the ministries or authorities concerned. Moreover, the committee takes its
decisions on a consensus rather than a majority view unlike other
committees of the Parliament.
Therefore there is hardly any scope of dissent. And it also takes a

very long time to decide upon any matter. Though it is rightly called the
mother of all committees, still there is a need to strengthen the committee
and its functions because it is an authority which keeps a track of the public
funds, fiscal policies and programmes of the government.
7. What are the salient features of the Representation of

People’s Act? Examine the purpose of the recent
Representation of the People (Amendment) Bill, 2017.
(10Marks,150 Words)
Ans: Elections form the support of Indian Democratic system. Indian
democratic setup gives on us the right to elect the representatives of the
state.
The Representation of People Act, 1951 is an act of Parliament of India
which provides the conduct of elections of the Houses of Parliament and to
the House or Houses of the Legislature of each State, the qualifications and
disqualifications for membership of those Houses, the corrupt practices and
other offences at or in connection with such elections and the decision of
doubts and disputes arising out of or in connection with such elections.
The Act was endorsed by the provisional parliament under Article 327 of
Indian Constitution, before the first general election. The act also manages
issues like qualification and disqualification of members of both houses of
Parliament (Lok Sabha and Rajya Sabha) and the state legislatures (State
Legislative Assembly and State Legislative Council).
Prominent features of the Representation of People’s Act:
• Part 21 of the Indian Constitution drafted by the Constituent Assembly had

mentioned for a provisional parliament. The provisional parliament enacted
Representation of People’s Act 1951, so that general elections could be
conducted according to the rules mentioned.
• Citation is Article No 43 of 1951.
• Representation of People’s Act contains 13 parts (2 parts added as

amendments). Each part is divided into different sections making it a total of
171 numbered sections (including those sections which were repealed later.).
• Expressions not used in 1951 act, but listed in Representation of the People
Act 1950 (43 of 1950) have the same meaning.
• Chief Electoral Officer is mentioned in section 13A.
• Corrupt practices are mentioned in section 123.
• Election means an election to fill a seat or seats in either House of

Parliament or in the House or either House of the Legislature of a State other
than the State of Jammu and Kashmir.
The Representation of People Act, 1951 has great significance for good
functioning of Indian egalitarianism because it checks the entry of persons
with illegal background into the representative bodies.
Purpose of the recent Representation of the People (Amendment) Bill,

2017:
• The Amendment Bill seeks to enable Non-Resident Indians to cast votes

through their proxies in the constituency.
• The 1950 Act deals with allocation of seats and delimitation of

constituencies for elections,qualifications of voters, and preparation of
electoral rolls. The 1951 Act provides for the conduct of elections and
offences and disputes related to elections.
• Section 20A of the 1950 Act recognized the right of an NRI to have her
name entered in the electoral roll. However, the right to vote was exercisable
only in person.
• In order to allow proxy voting by NRIs, Section 60 of the 1951 Act is

proposed to be amended by the Bill, by adding sub-section (ba) in Section
60. Section 60 enables the Election Commission to frame rules to allow
special procedure for voting by special class of persons.
• The new sub-section seeks to enable the EC to frame rules to make special
procedure for any of the persons as is referred to in section 20A of the 1950-
Act to give his vote either in person or by proxy and not in any other manner
at any election in a constituency where the poll is taken.
• The Bill also seeks to include gender-neutral references by substituting

word “wife” with “spouse”.
• The amendment will satisfy the long-standing demand of the NRI

community for voting rights.
8. The CBI’s decline has been gradual. There needs to be a
comprehensive CBI Act. Comment. (10Marks,150 Words)
Ans: Context:
Allegations of Corruption against Special Director of CBI,Rakesh Asthana

by a whistleblower Satish Sana, and Subsequent removal of CBI director,
Alok Verma by CVC.
The issue deals with Whistleblowing and the Whistleblower act seeks to
protect whistlebowers,i.e.persons making a public interest disclosure related
to an act of corruption,misuse of power,or criminal offence by a public
servant.
About CBI:
The CBI is the main investigating agency of the Central Government.It plays
an important role in preventing corruption and maintaining integrity in
administration.It also provides assistance to the CVC.
CBI was setup in 1963 by a resolution of Ministry of Home Affairs under

Prime Ministership of Lal Bahadur Shastri.Delhi Special Police
establishment (DSPE) set up in 1941 is merged with CBI and it was later
transfered to Ministry of Personnel,Public Grievances and Pensions.It is not
a statutory body.It derives its powers from DSPE Act,1946.
CBI-A gradual decline:
• The CBI's decline has been gradual.The first setback came in the Rajiv
Gandhi era,with the Single Directive requiring the CBI to take prior
permission of the government before initiating an Inquiry against "decision
making level Officers".
• The Supreme Court in Vineet Narain and Others vs Union of India

(1997),apart from passing several orders to uphold the Integrity of the
CBI,the CVC and the Enforcement Directorate(ED),quashed the single
directive as Unconstitutional.
• But the Political class brought the Directive back in the CVC Act of
2003,which was again set aside by the court.
• The government got the corruption law amended in the last monsoon session
of Parliament,requiring CBI to take prior approval for initiating
Investigation against all categories of government servants.
Why there is need for Comprehensive CBI Act:
• The CBI came into existence through a Government of India

resolution.Even today,the agency continues to function under the archaic
DSPE Act 1946,for its powers of investigation and jurisdiction.
• In pursuance of the orders passed by the court in Vineet Narain case,CVC

Act of 2003 was passed and later,the Lokpal Act.Both these Acts partly deal
with the powers and functions of the CBI,including providing some much
needed safeguards.
• But the present crisis owes a lot to the diarchic arrangement in the CVC
Act,which has created impediments to CBI functioning by vesting in the
CVC ,the superintendence of DSPE and thus the CBI in relation to
investigation under the Prevention of Corruption Act,1988
• The Estimates Committee of Parliament,under Jaswant Singh,had

recommended that the CBI should be given the statutory status and have
legal powers to investigate cases with Inter-state ramifications.
• But till date,the CBI does not have an Act of its own,Although the need for a
Comprehensive Act has been felt for a long time now.
9. Discuss the structure and mandate of the Central
Vigilance Commission (CVC). Do you think CVC is a
toothless tiger? (10Marks,150 Words)
Ans:Corruption is considered to be one of the gravest problems of
Independent India and is at the core of most of the problems of India. In this
respect, Central Vigilance Commission was established in 1964 under the
recommendations of Santhanam Committee, it gained statutory authority in
2003 CVC Act.
Structure:
• CVC came into existence after the reports submitted by Committee on

Prevention of Corruption whose chairperson Mr. K. Santhanam had
suggested for the formation of this Commission. Mr. Nittoor Srinivasa Rau
was appointed as first Chief Vigilance Commissioner of India.
• It must be informed that Central Vigilance Commission is not an

investigating agency. It operates in coalition with the CBI or the
Departmental Chief Vigilance Officers. The only search that Central
Vigilance Commission conducts is that of investigating Civil Works of the
government, which is done through the Chief Technical Officer.
• Before Central Vigilance Commission can take up investigations into

corruption cases against government officials, it has to be approved by the
government. The Central Vigilance Commission also publishes list of
corrupt officials and recommends punitive action against them.
Appointment:
The President of India appoints the Central Vigilance Commissioner and the
Vigilance Commissioners on the recommendation of the Prime Minister,
Home Minister and the leader of the opposition in the Lok Sabha. It clearly
indicates that the appointments to CVC are indirectly under the
government’s control.
Mandate of the CVC:
The mandate and the powers of CVC have kept evolving over the years, The
CVC is headed by Central Vigilance Commissioner which is appointed by
President, the role of CVC in current context can be analyzed as follows-
• It is considered to be the coordinating authority to check Corruption for All

India services, Central services, PSUs and other departments.
• It heads the Delhi Special Police in cases of Corruption.
• It reviews the grants of prosecution clearance by the government.
• Recommending disciplinary actions against higher officials of Group A,B,

All India services etc
• It is basically considered to be the nodal agency to tackle corruption at the

national level.
In sync with its mandate CVC has proved to be an effective organization in

tackling corruption, it has proved its mettle in the past by the following
actions-
• It has led to smooth appointment of important officers at various posts in the

past.
• It has taken noteworthy action in the past against senior officials, senior
personnel and even many politicians.
• It organizes vigilance week every year to create awareness against the

menace of Corruption.
• It acts as a civil court and can act “Suo Moto”
• The independence of CVC is maintained as it is recruited by an Independent

committee consisting of PM, Home Minister, Leader of Opposition etc.
CVC-A Toothless Tiger:
The expectation that CVC will be an institute which can prove to be “One
Stop Solution” to tackle Corruption in the country has been proved to be a
hoax, due to the following ineffectiveness-
• CVC is often considered a powerless agency as it is treated as an advisory

body only with no power to register criminal case against government
officials or direct CBI to initiate inquiries against any officer of the level of
Joint Secretary and above.
• Although CVC is “relatively independent” in its functioning, it neither has

the resources nor the power to take action on complaints of corruption
• Very low conviction rate has reduced the impact of CVC and its
effectiveness.
• There is huge delay in the cases that CVC handles, hence it does not act as
an effective deterrent.
• The demand for effective Lokpal is still in pipeline.
• In most cases, the domains and the jurisdiction of the organizations is not
clear.
• Multiplicity of organization leads to work duplication and reduces the

effectiveness.
Corruption is one issue that needs effective institutions to tackle the same,
the demand of new institutions like Lokpal is on the rise due to the failure of
the existing organization like the CVC. The powers of the CVC with respect
to its mandate, the financial independence, increase in the implementation of
otherwise the just advisory role of the CVC needs to be tackled. At the same
time it should be ensured that administration does not get stuck in the fear of
the three C’s – CVC,CBI and CAG and move towards a constructive
solution.
10. The ‘autonomy’ experienced by the RBI is only
notional. Comment. (10Marks,150 Words)
Ans: Context:
The tug of war for functional autonomy between the central bank and the
government of the day is not uncommon in this country. But, the recent spat
has assumed unprecedented proportions amidst reports of the National
Democratic Alliance government allegedly invoking Section 7 of the
Reserve Bank of India (RBI) Act, 1934 in seeking the central bank’s views
on issues ranging from liquidity/lending to the non-banking financial
corporations (NBFCs), dilution of the Prompt Corrective Actions (PCAs) for
three out of the 11 weak public sector banks (PSBs), to RBI’s formulae for
calculating its reserves and consequent surplus transfer to the government.
What is Section 7 of RBI Act,1934?
The RBI is an entity independent of the government as it takes its own

decisions. However, in certain instances, it has to listen to the government.
This provision in the RBI Act is contained in its Section 7 which says:
(1) The Central Government may from time to time give such directions to
the Bank as it may, after consultation with the Governor of the Bank,
consider necessary in the public interest.
(2) Subject to any such directions, the general superintendence and direction
of the affairs and business of the Bank shall be entrusted to a Central Board
of Directors which may exercise all powers and do all acts and things which
may be exercised or done by the Bank .
(3) Save as otherwise provided in regulations made by the Central Board,

the Governor and in his absence the Deputy Governor nominated by him in
this behalf, shall also have powers of general superintendence and direction
of the affairs and the business of the Bank, and may exercise all powers and
do all acts and things which may be exercised or done by the Bank.
RBI's Autonomy is only notional:
• A certain amount of creative tension is systemically in-built between

Reserve Bank of India and Centre given their different perspectives.
• For example, Centre’s concern is short-term and political while RBI’s

concern is long-term and technical.
• Though such tension is good for the economy, but there are few issues over
which both the Centre and RBI are irked over each other.
Centre- RBI Conflict:
• Non-Performing Assets: Centre has refused to accept Governor Urjit

Patel’s point that the RBI is hobbled by lack of adequate powers in
regulating public sector banks to handle the non-performing assets crisis.
• Though the RBI expresses concerns about not having enough powers over
PSBs but it does have nominee directors on bank boards which leads
physical inspection and financial audits at banks.
• Forex reserve and fiscal deficit: The Centre is eyeing RBI’s burgeoning
reserves to bridge its fiscal gap which RBI resents.
• Payments regulator: The Centre is attempting to set up an independent

payments regulator, which the RBI sees as encroachment of its jurisdiction.
• Recent tensions: The government’s intervention through the board sparked

recent tensions between RBI and Centre as follows:
• RBI’s recent circular on stressed assets recognition: According to RBI recent

circular, if a borrower delayed payment for even one day, he should be
dragged to an insolvency court and the asset classified as a non-performing
asset (NPA).
• Diluted PCA: The Centre sees the prompt corrective action (PCA)
framework by the RBI, which restricts weak banks from lending, as
contributing to the liquidity crisis and wants it to be diluted.
• Relaxed lending norms: Centre also wanted special dispensation by the

RBI to help non-banking finance companies (NBFCs) apart from relaxed
norms for lending to micro, small and medium enterprises.
View of the former Governors on RBI’s autonomy:
• YV Reddy In his book, Advice and Dissent: My Life in Public Service

explains RBI autonomy under three functions:
• Operational issues in which full RBI autonomy is mandated.
• Policy matters where prior consultation with the government is required.
• Structural reforms which requires “very close coordination” with the

government.
• Raghuram Rajan In his book “I Do What I Do”, points out that the position
of the RBI Governor in the government hierarchy is not defined.
• The Governor draws the salary of a Cabinet Secretary, and it is generally

understood that he will explain his decisions only to the Prime Minister and
the Finance Minister.
Way forward:
• The RBI could have heeded the Centre’s signals on easing liquidity through
extraordinary measures in addition to routine open market operations to ease
the liquidity crises.
• Section 7 of the RBI Act allows the government to give written directives to
the RBI in the public interest.
• On critical issues, often the choice for the Governor is to concede to the
government with or without a written directive. But tradition has been that
both the government and the RBI have avoided recourse to this provision.
• RBI is autonomous and accountable to the people ultimately, through the

government and the onus is thus on responsible behaviour by both sides.
• The Governor thus has to be conscious of the limits to his autonomy at all
times, and the government has to consider the advice coming from RBI in all
seriousness.
11. Compare the purpose, nature and significance of

midterm elections that are conducted in the US and
India. (15 Marks,250 Words)
Ans:A midterm election refers to a type of election where the people can
elect their representatives in the middle of the term of the executive or of
another set of members. This is usually used to describe elections to a
governmental body (generally a legislature) that are staggered so that the
number of offices of that body would not be up for election at the same time.
Only a fraction of a body's seats are up for election while others are not until
the terms of the next set of members are to expire. The legislators may have
the same or longer fixed term of office as the executive, which facilitates an
election mid-term of the tenure of the higher office.
Comparison of Midterm elections In US and India:
US:
• In the United States, the president and vice president are elected every four
years in indirect (electoral college) presidential elections.
• The legislative bodies of the United States are the Senate (who serve six
year terms) and House of Representatives (2 year terms). The Senate has
one-third of its members up for election every two years while the House
has all its membership up for election every two years.
• Regarding elections to the United States Congress, the point of reference is

the president's term.
• There are three classes of United States Senators; each election replaces one
class, hence a "midterm election" appears as one-third through the term of
one class and two-thirds through the other, while still midway the term of a
president.
• Midterm Elections in US is a regular and compulsory Exercise.
• US midterm elections held in November 2018 is one instance.
• The results of such a midterm election serve as a measuring stick to the

popularity of the incumbent executive, although in the United States the
governing party has suffered election defeats for most of the time.
India:
• Midterm elections are held for full house due to following reasons;
1).Sitting Government is dismissed by President or Governor.
2).Sitting Government resigns from the house for any reason.
3).Sitting Government fails to prove its majority and no other option is

available which can do so.
• Midterm elections are not so significant with respect to Presidential

elections in India.
• Midterm Elections are not regular and not a compulsory exercise in India.
• Call for early polls by Indira Gandhi government and by recent UPA
government are few instances.
• In India, where parliamentary systems of government is prevalent, whilst

local, and regional elections are used as a proxy measuring stick for how
popular the governing party is outside of a national parliamentary election
year; they are not midterms in the sense that they are not necessarily held at
exact the midpoint between scheduled national parliamentary elections.
Conclusion:
In a Paliamentary Democracy like India,Midterm elections are not so

desirable considering the magnitude of public will being reflected in
General Elections.Current Political situation in India does not show any
chance of Midterm Elections.
12. Analyse critically the relationship between the

government and the Parliament in Indian polity. (15
Marks,250 Words)
Ans:The Constitution provides for the legislature to make laws, the
government to implement laws, and the courts to interpret and enforce these
laws. While the judiciary is independent from the other two branches, the
government is formed with the support of a majority of members in the
legislature. Therefore, the government is collectively responsible to
Parliament for its actions. This implies that Parliament (i.e. Lok Sabha and
Rajya Sabha) can hold the government accountable for its decisions, and
scrutinise its functioning. This may be done using various methods
including, during debates on Bills or issues on the floor of Parliament, by
posing questions to ministers during Question Hour, and in parliamentary
committees.
Through its oversight function, Parliament holds the government

accountable and ensures that policies are efficient and in keeping with the
needs of citizens. In addition, parliamentary oversight is essential to prevent
arbitrary and unconstitutional action by the government.
Mechanisms for Parliamentary oversight over executive :-
There are two key mechanisms of parliamentary oversight:
1).Accountability on the floor of the House
Question Hour
Question Hour allows Members of Parliament (MPs)to pose questions to

ministers relating to government policies, and hold the government
accountable for its actions. Question Hour functioned for an average of 42%
of its scheduled time, largely as a result of disruptions.
When Question Hour is disrupted, it is not made up by extending the

scheduled time for the sitting or through meeting on additional days.
Recently, in order to reduce disruptions, Rajya Sabha moved Question Hour
from the first hour of sitting to the second hour of sitting.
Debates and motions
Debates and motions play a central role in parliament’s oversight function

by allowing MPs to initiate discussions and seek clarifications on
government policies.
In the past, MPs have raised issues such as price rise ,improvement of
infrastructure in backward areas, to the provision of welfare schemes for
vulnerable communities through debates.
Motions: motions allow for voting at the end of the discussion. There are
three types of motions which assist in the oversight function of the
Parliament: No Confidence Motions, Adjournment Motions, and Rule 184 in
the Lok Sabha (corresponding to Rule 167 in the Rajya Sabha). The first two
can only be moved in the Lok Sabha.
Zero Hour
The hour following Question Hour is popularly called Zero Hour and is used
by MPs to raise urgent matters.
Typically, MPs use this time to make statements on urgent issues using Rule
377/Special Mention. This time is also used for laying papers such as annual
reports of government institutions, CAG reports, etc.
Recently, Rajya Sabha has decided to start the day with Zero Hour, followed
by Question Hour.
2).Parliamentary committees which scrutinize government policies :-
Given the large number of issues which Parliament must address,

parliamentary committees, comprising MPs, examine Bills, budgets of
ministries, and policies of the government. Committees allow for more
informed debate in Parliament, and they also provide an avenue for citizens
to engage with Parliament. Committees can either be permanent or
appointed temporarily.
Ordinances, proclamation of emergency etc can be done only when

parliament ratifies showing the parliamentary oversight on the executive.
Concerns:-
Ordinances have become the preferred means of introducing legislative

enactments that successive governments from every shade of political
opinion have made liberal use of this mechanism. So this needs to be under
check unless absolutely necessary
The passing of bill as a money bill is the one of the executive’s action to
bypass rajya sabha effectively making the bicameral legislature as
unicameral. The recent case of introduction of bill related to Aadhar Card is
a proof of it. Appointing parliamentary secretaries to assist council of
ministers is another case. Thus, the parliamentary secretaries being
legislators may not finely balance the role of a legislator and assisting the
executive. These need to be avoided.
Limits on the number of parliamentary sittings has allowed the executive to

avoid demonetisation-related queries, undermining the legislature’s
power.Last year’s winter session is for 22 days.
How to strengthen the oversight?
1).Allowing Parliament to convene itself
Currently, Parliament does not have the power to convene itself. The
Constitution mandates that Parliament be convened by the President at least
once every six months. In this context, granting Parliament the power to
convene at the request of a required number of MPs may allow Parliament to
address issues more promptly, even during inter session period. However,
this requires a constitutional amendment.
2).Strengthening the role of the opposition
Within the institution of Parliament, the opposition can play a central role in
monitoring the government and holding it accountable. Opposition parties
could play a greater role in deciding the daily agenda of Parliament, or
alternatively, time could be set aside each week for opposition parties to set
the agenda.
Internationally, the UK allows the opposition party to determine the agenda

for 20 days of each session of Parliament, and Canada for 22 days.This
practice could strengthen the ability of the opposition to hold the
government accountable, through allowing for greater specialisation in
tracking the government.
3).Revising certain rules of procedure of Parliament related to debates
4).Increasing accountability in Question Hour:
At present, the Prime Minister is only required to answer questions that

pertain to ministries allocated to him. The UK has a Prime Minister’s
Question Time during which the Prime Minister answers question on the
government’s policies, across sectors. India can look into this suggestion
5).Strengthening discussions:
Currently, the Speaker/Chairman can determine whether to admit a

discussion as a debate or a motion. In practice, there is often disagreement
between the government and the opposition on the rule under which a
discussion is conducted, as motions are put to vote. An alternative practice
could be to allow a sufficiently large group of MPs to decide whether an
issue should be introduced as a voting motion, or alternatively a debate.
6).Examination of reports:
Given that a range of parliamentary committee reports are presented in

Parliament, institutional mechanisms may be developed to highlight issues
raised in these reports
Major recommendations to strengthen the committee system are

detailed below:-
1).Requirement of attendance of ministers before committees:
In current practice, government officials depose before committees, and

ministers are exempt from appearing before committees. This implies that
the political executive, which is accountable to Parliament for the decision
taken by it, does not clarify and defend its position before the committee. In
other countries, such as the UK, ministers are required to depose before
committees.
2).Increasing transparency:
While some committees invite suggestions from the public on these issues,
there is no consistency in the manner of public participation across these
committees and on issues. Public participation should be invited more
systematically and be institutionalised in the procedures of each committee
to strengthen the oversight function of committees.
3).Oversight committee:
According to the Inter-Parliamentary Union, Parliaments may establish a

general oversight committee to oversee the work of other permanent and ad-
hoc committees
For example, the US has established a Committee on Oversight and

Government Reform specifically to perform oversight functions over the
federal government, even though individual committees also perform
oversight functions over their sectors.
4).Oversight of regulators
Parliament must develop formal oversight mechanisms for regulators, such

as the Reserve Bank of India, Telecom Regulatory Authority of India
(TRAI), etc. There is no mechanism for Parliament to directly hold regulator
accountable for its actions.
5).The Second Administrative Reforms Commission made the following

recommendations on strengthening Parliament’s oversight of regulators:
• Regulators must appear before sector specific parliamentary committees and

explain their policies, and
• An expert group should establish guidelines, once every five years, upon
which regulators may be evaluated
6).Ensuring the accountability of intelligence agencies.
At present, intelligence agencies are exempt from parliamentary oversight.

This implies that there is limited operational or financial oversight of these
agencies. There is a need to establish a permanent parliamentary committee
on intelligence agencies to perform oversight over these agencies.
The Anti-Defection Act needs to be recast, and used only in the most
exceptional circumstances, while allowing MPs free rein on their self-
expression. The U.K., for example, has the concept of a free vote allowing
MPs to vote as they wish on particular legislative items.
Conclusion:
Ambedkar felt that daily assessment was more effective in holding

governments to account, and more appropriate for India.
The legitimacy of the government in a democracy is derived from constant

scrutiny by elected representatives.
It is time to tweak the rules to strengthen the system and ensure that key
institutions such as Parliament and State legislatures are able to perform
their roles more effectively.
Parliament should be a space for policy and not for politics. India needs to
undertake reforms to ensure that it is recast as such by ensuring a more
robust public representatives.
13. Panchayati raj institutions are simultaneously a

remarkable success and a staggering failure. Do you
agree? Substantiate. (15 Marks,250 Words)
Introduction
In India, the Panchayat Raj functions as a system of governance in
which gram panchayats are the basic units of local
administration.Twenty-five years have gone by since India passed the
73rd/74th Constitutional Amendments heralding decentralized governance.
Success
• The 73rd amendment to the Indian Constitution (1992) clearly prescribes
that the Panchayats should be institutions of self-government through which
powers are devolved to the people as to the participation in the process of
planning for economic development and social justice, and implementation
of schemes and programmes for these purpose
• Decentralization of power to the panchayats is seen visualized as a means
of empowering people and involving them in decision making process.
Local governments being closer to the people can be more receptive to local
needs and can make better use of resources.
• Many of the grassroots representatives are from the subjugated and
marginalized sections of the society, namely women, the SCs, STs and
OBCs
• Now the state has to perform its role as coordinator rather than service
provider, steps for decentralization of power till the grassroots level is a
positive step in the changing scenario in which centralized state is replaced
by the decentralized system
• The constitution mandates a one-third reservation for women in panchayat
assemblies and allocates a portion of panchayat spending for women’s
planning.
• The new system brings all those who are interested to have voice in
decision making through their participation in PRIs.
• Gram sabha played a significant role in enhancing the transparency and
accountability of panchayats.
Failures
• Unscientific distribution of functions: The blending of development and
local self- government functions has significantly curtailed the autonomy of
the local self government institutions.
• Incompatible relation between the three-tiers.
• Inadequate finance: The Panchayati Raj bodies have limited powers in
respect of imposing cesses and taxes. They have very little funds doled out
to them by the State Government.
• Lack of cordial relation between officials and people:Generally there is
lack of proper cooperation and coordination between the people and the
officials like Block Development Officers, the District Officers etc. Again
the officers fail to discharge the development duties more efficiently and
sincerely.
• Lack of conceptual clarity: Some would treat it just as an administrative
agency while some others look upon it as an extension of democracy at the
grass roots level, and a few others consider it a charter of rural local
government.
• Undemocratic composition of various Panchayati Raj institutions:The
indirect election of most of the members to Panchayat Samiti only increases
the possibility of corruption and bribery. Even the Zilla Parishad consists of
mainly ex-officio members.
• Disillusionment on structural-functional front:Corruption, inefficiency,
scant regard for procedures, political interference in day to day
administration, parochial loyalties, motivated actions, power concentration
instead of true service mentality.
Way forward
• Clarity in the assignment of functions and the local governments should
have clear and independent sources of finance.
• There should be clear mechanisms to ensure that States comply with the
constitutional provisions, particularly in the appointment and
implementation of the recommendations of the SFCs.
• Sustainable decentralisation comes from the demands of the people and
advocacy should focus on a decentralization agenda. Indeed, the framework
needs to be evolved to accommodate the demand for decentralization .
• Only education and knowledge, and pro-active interventions by
emancipatory socio-political movements, can help achieve this. The media
can also play a significant agenda-building role in bringing this about.
14. Why is there a need for States to have both financial

and cultural autonomy? Why is it important to India’s
federal setup? Analyse. (15 Marks,250 Words)
Introduction
According to Article 1 of Indian Constitution, India is defined as Union of
States. The Recent 15th Finance Commission has raised South Indian States
voices to turn India into a Federation by providing Financial Autonomy to
states. India is federal Republic with some Inclination towards center
Government.
Why Should States have Financial And Cultural Autonomy
• To make the States function freely in Administration and Financial
Spheres.
• To Accumulate the Regional and Cultural Diversity of the nation.
• For Decentralization of India where majority of powers would rest with
states and Union Government keeping an eye on their Functioning.
• It would increase Co-operation and Co-ordination among States and Union
Governments.
• The States would be able to take Long-Term Infrastructural and
Developmental Projects to benefit its citizens.
Why is it important for India
- The recent instance of unveiling of state flag by Karnataka
- The continued existence of provisions such as Article 355, 356 (President’s
rule) are threatening states
- Protests against Jallikattu, imposition of preferences on food, exclusion of
women form the Ayyappashrine at Sabarimala.
- So a central authority cannot draw the boundaries of cultural practice in
ways that are sensitive to tradition.
- Inter state water disputes.
• Genuine federalism requires dual centres of fiscal authority
○ Creating a fiscal structure where the states have greater revenue-raising
authority, as well as greater decision making power on spending, implies a
lower reliance on the Union government in fiscal matters as well as
governance decisions.
○ Greater financial autonomy means reducing the system of the Union
government receiving a large proportion of all revenue and then allocating
that revenue among the state.
Also for serious concern for state autonomy is the growth of multi-lingual,
multi-ethnic and multi-cultural societies which in turn need a great degree of
autonomy to maintain their unique identities.
Federation are experiencing the pulls of the above mentioned two opposite
forces that have made the issue of state autonomy a sensitive one. India is no
exception to it.
Conclusion
India in a complex geographical position with hostile neighbors, and a
country riddled with various socio-economic complexities demand a
stronger center to prevent the infringement of rights of one group for the
deeds of other .The need of hour is Providing more Opportunities of
Financial and Cultural Autonomy to states to promote Co-operative
federalism among States and Center Governments.
15. Discuss the need for and challenges that exist in

universalisation of school education using the public-
school system in India. (15 Marks,250 Words)
Introduction
About 260million children attend school in India, more than in any other
country. Enrolment has risen steadily over the past two decades, helped by
legislation such as the Right to Education (RTE) Act of 2009, which makes
school compulsory up to the age of 14. Attendance at secondary school
(69% of eligible children) lags behind that, say, of China (96%). But
primary-school enrolment is nearly universal.
Need for public school system
• The government schools are indeed doing a commendable job of making
education available to a greater number of people and are normally doing it
for free or for fees that are really within the reach of everyone.
• The government schools are not known to provide the standard of
education and facilities for the students that are available at the ones that are
aided by them as well as the private schools.
• Nurturing a democratic identity, being able to actively participate in the
democratic processes, contribute to the society, being committed to
democracy and the values of equality, justices and freedom.
• Enable the child to participate in productive work in society thereby
contributing to its economic growth.
• Creating an environment where children learn to accept different cultures,
hence being sensitive and respectful of other’s feelings and coexist
peacefully in a multicultural society such as ours ; allowing all cultures to
prosper equitably.
Challenges
• Faulty Policy of Government
• Political Difficulties Government is also duty-bound for smooth progress
of public education.
• Faulty Administration of Education
• Dearth of Money
• Dearth of Trained Teachers: Nowadays, the young teachers do not wish to
work in rural areas. But the fact remains that majority of Primary Schools
are in rural areas.
• Establishment and School Buildings :Even the Third and Fourth All India
Educational Surveys indicate that even now there are lakhs of villages and
habitations without schools
• Unsuitable Curriculum: The curriculum for primary schools is narrow and
unsuitable to the local needs.
• Wastage and Stagnation: Out of every 100 students enrolled in class - I
more than half leave schools by Class IV, only 32 pupils reach class V and
only 26 reach class VIII. This is due to the lack of educational atmosphere,
undesirable environment, lack of devoted teachers, poor economic condition
of parents, absence of proper equipment etc.
Way forward
• Replace The Back Dated Syllabus.
• Career-Focused Learning System.
• Educating The Parents.
• More Focus On Rural Education.
• More Technical Institutions.
• Regular Training Of The Teachers.
16. What do you understand by human trafficking?

Discuss the salient features of the Trafficking of Persons
(Prevention, Protection and Rehabilitation) Bill, 2018
and issues related to it. (15 Marks,250 Words)
Introduction
Trafficking in human beings is the third largest organized crime
violating basic human rights. There are 27 million adults and 13 million
children who are victims of trafficking.
Brief about human trafficking

Human trafficking is modern-day slavery and involves the use of force,
fraud, or coercion to obtain some type of labor or commercial sex act.
Every year, millions of men, women, and children are trafficked in countries
around the world, including the United States. It is estimated that human
trafficking generates many billions of dollars of profit per year, second only
to drug trafficking as the most profitable form of transnational crime.
Human trafficking is a hidden crime as victims rarely come forward to seek
help because of language barriers, fear of the traffickers, and/or fear of law
enforcement.
Salient features
• The Bill identifies various forms of trafficking including trafficking for
bonded labour and
begging. Under the aggravated forms of trafficking the bill also talks
about offences like intimidation, inducement, promise of payment of money,
deception or coercion. It also mentions trafficking after administering any
drug or alcohol or for the purpose of marriage or under the pretext of
marriage.
• It provides for punishment for promoting or facilitating trafficking of
persons which ranges from rigorous imprisonment of minimum 10 years to
life and fine not less than Rs. 1 lakh.
• It aims to protect the confidentiality of the victims.
• It provides for a time bound trial and repatriation of the victims within a
period of one year from taking into cognizance.
• It protects the rescued victims and makes provisions for their
rehabilitation. The victims are entitled to interim relief immediately within
30 days to address their physical, mental trauma etc. and further appropriate
relief within 60 days from the date of filing of charge sheet.
• Creation of the Rehabilitation Fund for the purpose of physical,
psychological and social well-being of the victim including education, skill
development, health care/psychological support, legal aid, safe
accommodation etc.
• Designated courts in each district for the speedy trial of the cases.
• The Bill provides for institutional mechanisms at District, State and
Central Level for prevention, protection, investigation and rehabilitation
work related to trafficking. National
• Investigation Agency (NIA) will perform the tasks of Anti-Trafficking
Bureau at the national level present.
• The Bill provides for the attachment & forfeiture of property and also the
proceeds for crime.
Issues
• National investigation agency is an understaffed organisation, that is
already tackling the gigantic footprint of terrorism across the subcontinent
and there are doubts whether it might be in a position to take on and
investigate cases of human trafficking.
• According to experts most of the trafficking is taking place in small towns
so focus should be on policing and not NIA
• Assertion that the bill covers ‘new’ forms of trafficking that are not
addressed under existing laws is not completely true.
• For instance while the new law focuses on removing and evicting sex
workers from their occupation, the Bonded Labour Act protects the worker
who was held in bondage from being evicted from the place where the
individual has been working.
• It does not harmonise different approaches and integrate existing laws into
one.
• The Anti-Trafficking Bill has not been preceded by any substantial
research or analysis.
Measures needed
• Instead for a multi-faceted legal and economic strategy
○ Robust implementation of labour laws
○ A universal social protection floor
○ Self-organisation of workers
○ Improved labour inspection, including in the informal economy
○ Corporate accountability for decent work conditions are needed.
• Need for systemic reforms
○ To counter distress migration
○ End caste-based discrimination
○ Enforce the rural employment guarantee legislation
○ Avoid the indiscriminate rescue of voluntary sex workers
○ Protect migrants mobility and rights.
• Victims of trafficking, especially children, need safe social and economic
rehabilitation.
• Higher budgetary allocations are needed for their immediate help and
counselling, besides making arrangements for their vocational training,
housing and repatriation.
• Schools and parents must make children aware of the dangers of
trafficking and prepare them to recognise and tackle it.
Conclusion
Trafficking bill is the first step in the measures which are bold and holistic
response to a socioeconomic problem of labour exploitation and this can
help India realise SDG 8.7.
17. In 2007 commission headed by the former chief

justice of India M.M. Punchhi was set up to take a fresh
look at relative roles and responsibilities of various
levels of government and their inter-relations. Discuss
its recommendations and their significance today. (15
Marks,250 Words)
Introduction
The commission aims to look into the new issues of Centre-State relations
keeping in view the changes that have taken place in the polity and economy
of India since the Sarkaria Commission last looked at Centre-State relations
over two decades ago.
The Punchhi commission provided 312 recommendations in a seven

volume report comprising:
1. Evolution of Centre-state relations
2. Constitutional scheme of relations, covering recommendations regarding
Article 19, Article 355 and 356 and Article263.
3. Economic and financial relations and recommendations include upgrading
of the planning model to remove regional imbalances.
4. Recommendations regarding 73rd and 74th amendments and the Sixth
Schedule.
5. Internal security, covering issues like terror, Naxalism, insurgency and
communal violence.
6. Environment issues and resource-sharing, particularly of rivers and
minerals
7. Social development and good governance.
Here are some major and notable recommendations of the MM Puncchi

Commission Report.
• Concurrent List subjects There should be a mechanism whereby the centre
consults states before introducing a bill on concurrent list items. This
consultation mechanism should be through inter-state council.
• On President’s Pocket Veto
Thus, there should be mechanism so that president communicates his
decision in reasonable time {6 months).
• Treaty Making Power of Union
There is a need of some kind of legislation to regulate the treaty making
power of union executive with respect to treaties which have anything to do
with the matters listed in state list. There should be greater involvement of
states in such treaties.
• Appointment of Chief Ministers
There should be clear guidelines for the appointment of chief ministers, so
that there is sort of regulation on discretionary power of Governor. A pre-
poll alliance should be treated as one political party, because that lays down
the order of precedence that ought to be followed by the governor in case of
a hung house as follows:
- The group with the largest pre-poll alliance commanding the largest
number;
- The single largest party with support of others;
- The post-electoral coalition with all parties joining the government
- The post electoral alliance with some parties joining the government and
remaining including Independents supporting from outside.
• Appointment of Governor
The Punchhi commission recommended that the person who is slated to be a
Governor should not have participated in active politics at even local level
for at least a couple of years before his appointment.
• Removal of Governor
For office of Governor, the doctrine of pleasure should end and should be
deleted from the constitution. Governor should not be removed at whim of
central government. Instead ,There should be provisions for impeachment of
the Governor by the state legislature along the same lines as that of President
by President.
• Governor as Chancellor of Universities
The convention of making the Governors as chancellors of universities
should be done away with.
• Article 355 and 356
Article 355 and 356 should be amended. Via these amendments, the
commission recommended for “localizing emergency provisions” under
Articles 355 and 356, contending that localized areas — either a district or
parts of a district — be brought under Governor’s rule instead of the whole
state.
• National Integration Council
For internal security, commission recommended creation of an overriding
structure on the lines of the US Home land Security department, giving more
teeth to the National Integration Council.
• Communal Violence Bill
The commission recommended that the Communal Violence Bill should be
amended to allow deployment of Central forces without the state’s consent
for a short period. The state consent should not become a hurdle in
deployment of central forces in a communal conflagration. However, such
deployment should only be for a week and post-facto consent should be
taken from the state.
Significance
1)will strengthen the centre state relationship.
2) co-operative federalism in both letter and spirit.
3) loopholes in constitution regarding centre state relationship like president
rule, appointment of governors can be plugged.
4)Communal violence can be prevented by reducing the time delay in
deploying the central force.
5)Include the issues of sharing inter-State rivers and implementation of the
river linking project.
6)In the case of Goa, the debacle exposes the fact that there are no specific
guidelines in the Constitution on who the Governor should invite to form a
government in a State where rival parties with narrow majorities engage in a
face-off.
7)Recently the Supreme Court has ordered the restoration of former Chief
Minister government in Arunachal Pradesh, These petitions were dealing
with discretionary powers of Governor.
Need of the hour
In democracy, nobody can have absolute power in the name of smooth
administration and good governance. The administrative apparatus has to be
in the line of the constitution, which was prepared by the people of the
country and amended by the elected representative of the people of India.
18. The recent Sabarimala judgement by the Supreme

Court is both reformative and disruptive. Analyse. (15
Marks,250 Words)
Introduction
• The Supreme Court has struck down the ban on the entry of women aged
10-50 at the Sabarimala temple.
• This ban had been given legal sanction under the Rule 3 (b) of the Kerala
Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 as
unconstitutional. SC held that exclusion on grounds of biological,
physiological features are discriminatory.
Reformative
• Social modernisation, especially with respect to ending discriminatory
traditions, is a goal that all societies must aspire for. To that end, the law
catalysing change is desirable and the judgement provides that.
• Religion cannot be cover to deny women right to worship. To treat women
as children of lesser God is to blink at Constitutional morality.
• Until now, most cases involving a bar of entry into temples have involved
a testing of laws made in furtherance of Article 25(2)(b).
○ For example, in Sri Venkataramana Devaru v. State of Mysore (1958), the
Supreme Court examined the validity of the Madras Temple Entry
Authorisation Act of 1947, which was introduced with a view to removing
the disabilities imposed by custom or usage on certain classes of Hindus
against entry into a Hindu temple.
○ The court upheld the law on the ground that statutes made under clause
2(b) to Article 25 served as broad exceptions to the freedom of religion
guaranteed by both Articles 25 and 26.
• Activists claim that not allowing women into the temple is violation of
women’s rights
○ Discrimination based on biological reasons is not permissible going by the
constitutional scheme.
○ They maintain that due to the current exclusion, the right of women to
worship the deity, Ayyappa, is violated.
• Exclusion is a form of ‘untouchability’ since the exclusion is solely based
on notions of purity and impurity. But this argument was resisted on the
contention that the prohibition of untouchability was historically intended
only to protect the interests of the backward classes. The claim is that the
makers of the Constitution never envisioned including women within the
ambit of untouchability.
Disruptive
• Some activists criticize that the judgment should have considered the
sentiments of the devotees.
• While Hinduism is not monolithic, each temple has its own traditions on
account of social and historical reasons.
• Since the deity Lord Ayyappa is a celibate, the entry of menstruating
women inside the temple cannot be allowed, argues the temple Board.
• Harmonization of fundamental rights with religion included providing
freedom for diverse sects to practice their customs and beliefs.
• It was a matter of personal faith. Constitutional morality in a pluralistic
society gave freedom to practice even irrational or illogical customs and
usages.
Conclusion
Devotion cannot be subjected to the stereotypes of gender. Stigma built
around traditional notions of impurity has no place in the constitutional
order, and exclusion based on the notion of impurity is a form of
untouchability.
19. Trace the history of the National Register of

Citizens(NRC) and the socio-political and religious
dynamics behind the current debate surrounding NRC.
(15 Marks,250 Words)
History of National Register of Citizens
• The NRC includes the names of all citizens who have been residing in
Assam before March 25, 1971. The NRC first list was created in 1951 after
Independence.
• The demand for updation in the list gained steam in 1980 during the anti-
illegal foreigners movement in Assam. The move was aimed at protecting
the indigenous culture of Assam from illegal Bangladesh immigrants.
• In 2005, a three party meeting headed by the then Prime Minister
Manmohan Singh decided to update the NRC.
• In 2010, a pilot project of updating the NRC list in two revenue circles --
Barpeta and Chaygaon was started but was called off after violent protest
left four persons killed and several others injured.
• In 2015, applications were invited around 3.3 crore people in Assam
applied and around 6.6 crore documents were submitted.
Socio-Political and Religious dynamics
• The initial publication of the register has caused confusion as many legal
residents of Assam have found their names missing.
• The sudden appearance of a separate category of “original inhabitants” in
the list. It is governed by the Citizenship Rules of 2003, which does not
define “original inhabitants”. Even though the category has reportedly been
withdrawn, it is not clear what criteria had been used in the first place.
• The possible disqualification of lakhs of applicants who had submitted
panchayat documentsas proof of identity. The Guwahati High Court said
they had no statutory sanctity. This left about 48 lakh people who had
submitted such documents in the lurch.
• There is a renewed conviction that the exercise of counting Assam’s
citizens is a political one, and the new register will be a document of
exclusion, not inclusion.
• The issue has become much larger than a cut-and-dried question of who is
an Indian citizen and who is not. There are important humanitarian concerns
at play, concerns that go beyond identification and numbers.
○ Nearly five decades have elapsed since the cut-off date of March 25, 1971,
and individuals who have sneaked in illegally have children and
grandchildren by now.
• Muslim fears:
○ Compounded older fears of discrimination that haunt Muslims in the state,
which has never quite recovered from the Nellie massacres of 1983.
○ The concerns of the Bengali speaking Muslims have peaked due to
the proposed amendment to the Citizenship Act, 1955. The amendment
would allow illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis
and Christians from Afghanistan, Bangladesh and Pakistan, eligible for
citizenship.
• It embodies the paranoia of a volatile state.
• Paper issues:
○ The process depended on countless fragile, fading documents, where
entire family histories may be wiped out by a spelling mistake, a name
misheard by surveying officials decades ago, a page missing from an old
electoral roll.
○ The bureaucratic ledgers are permeated by memory and hearsay, the
document flickers between the official and the personal. It may have been
this subjectivity in the counting process that laid it open to charges of
political manipulation.
○ In all least 10 districts the records are incomplete or unavailable.
• The concern for many in India is that a number of people may be deprived
of citizenship through this process.
• Forged documents:
○ Authorities detected a sizeable number of cases of persons trying to use
forged documents to establish their Indian citizenship. Most of the persons
who submitted forged documents are suspected to be illegal migrants
• Delay in process:-
○ Most of the documents sent to authorities outside Assam are taking a lot of
time. For instance around 65000 documents were sent to different authorities
in West Bengal, only 30 have been sent back after verification so far.
Conclusion
• The need of the hour therefore is for the Union Government to allay
apprehensions presently in the minds of the people of Assam and take steps
to contain any adverse fallout after the publication of the final draft of the
NRC. At the same time, it also needs to spell out what it intends to do with
the persons whose names do not figure in the final NRC.
20. A glaring feature of public health delivery today is

the government’s unwillingness to increase funding and
prioritise public health. Analyse and suggest
recommendations to plug the gaps in public health
delivery towards fulfilling the SDGs expected to be
achieved over 15 years. (15 Marks,250 Words)
Introduction
Recent studies in low-income countries have documented low levels of
provider knowledge, in both the public and the private sectors, and have
found evidence of large gaps between providers’ knowledge and the care
provided, sometimes called “know-do gaps.” It is supported by lack of
accountability among providers and poorly functioning governance systems
in the health system.
Analysis
India doesn’t have enough hospitals, doctors, nurses and health workers, and
since health is a state subject, disparities and inequities in the quality of care
and access to health varies widely not just between states but also between
urban and rural areas.
India has a little over one million modern medicine (allopathy) doctors to
treat its population of 1.3 billion people. Of these, only around 10% work in
the public health sector, shows data from the National Health Profile 2017.
The shortage of health providers and infrastructure is the most acute in rural
areas, where catastrophic health expenses push populations the size of
United Kingdom into poverty each year.
For example, Maharashtra has 1,53,513 registered doctors, the most in the
country, compared to 792 registered with the Arunachal Pradesh Medical
Council.
The WHO report, published in 2016, said 31.4% of those calling themselves
allopathic doctors were educated only up to Class 12 and 57.3% doctors did
not have a medical qualification.
Failing public sector and heavily commercialized private sector characterize
the healthcare crisis in India.
Low levels of public spending on health and as a result the poor access to
affordable and good quality healthcare for the majority of India’s
population. The public expenditure on health at about 1.2% of the GDP is
amongst the lowest in the world.
Failure of government schemes
• Pradhan Mantri Matritva Vandana Yojana (PMMVY) was criticized as it
covers only the first live birth and it has been slow to take off with hardly
very few woman to have benefited from it.
• Over the last few years, the central budget on other nutrition schemes such
as the ICDS and school meals has been reducing with new cost sharing
norms putting a greater burden of expenditure on these schemes on state
governments.
• The protests against the NEET examination brought forth the complexities
involved in ensuring a fair and inclusive system of medical education.
• The resistance to the Karnataka Private Medical Establishments Act
(KPME) demonstrated the difficulty in regulating the private sector and the
influence of doctors working in the private sector.
Why health spending is less
• Low tax base as India has limited taxpayers.
• Even the allotment made for the schemes does not reach the targeted
sections due to leakages and corruption.
• Lack of effective coordination between state and central governments
about who spends how much and how the approach should be
• India is a developing country with multiple challenges and health and
education are given less importance.
• The challenge of the number of diseases in India is increasing day by day.
This reduces the per capita expenditure on health.
Recommendations
• Develop and implement national standards for examination by which
doctors, nurses and pharmacists are able to practice and get employment.
• Rapidly develop and implement national accreditation of hospitals; those
that do not comply would not get paid by insurance companies. However, a
performance incentive plan that targets specific treatment parameters would
be a useful adjunct.
• Utilize and apply medical information systems that encourage the use of
evidence-based medicine, guidelines and protocols as well as electronic
prescribing in inpatient and outpatient settings. This is possible though the
implementation of the EHR; this will, in time, encourage healthcare data
collection, transparency, quality management, patient safety, efficiency,
efficacy and appropriateness of care.
• Perverse incentives between specialists, hospitals, imaging and diagnostic
centres on the one hand and referring physicians on the other need be
removed and a level of clarity needs to be introduced.
• Develop multi-specialty group practices that have their incentives aligned
with those of hospitals and payers. It is much easier to teach the techniques
of sophisticated medical care to a group of employed physicians than it is to
physicians as a whole. It is also important that doctors are paid adequately
for what they do.
• Encourage business schools to develop executive training programmes in
healthcare, which will effectively reduce the talent gap for leadership in this
area.
• Revise the curriculum in medical, nursing, pharmacy and other schools
that train healthcare professionals, so that they too are trained in the new
paradigm.
• The government should appoint a commission which makes
recommendations for the healthcare system and monitors its performance.

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INSIGHTS IAS MAINS TEST SERIES 2019

1. Discuss the Gandhian influence on the Indian

2. The Article 35-A infringes the Constitution’s basic

• Article 370 was only a ‘temporary provision’ to help bring normalcy in

About Article 35A:

• It is the provision incorporated in the Constitution in 1954. It gives the

• If a native woman marries a man not holding a permanent resident certificate

• The Instrument of Accession gave only limited rights to the Centre to

Article 35A and The Basic Structure:

The basic structure doctrine is an Indian judicial principle that the

Why Article 35A infringes the Basic Structure:

• It prohibits a non-resident from owning property in the State of J&K, is

• Article 35A is against the “very spirit of oneness of India” as it creates a

Why Article 35A does not Infringe Basic Structure:

• The canonical rule established in 1973, in Kesavananda Bharati v. State of

• In such cases, where constitutional amendments create vested rights in

• To hold otherwise would have consequences far more devastating than

• It is necessary to give confidence to the residents of J&K that any alteration

• The whole project of federal nation-building requires constant negotiation

• If Article 35A is to be removed, it must be removed as an expression of the

3. What do you understand by the constitutional values?

4. What are the ‘reasonable restrictions’ that can be put on

Reasonable Restrictions that can be put on Right to Privacy:

• The first requirement that there must be a law in existence to justify an

• Second, the requirement of a need, in terms of a legitimate state aim, ensures

• Other fundamental rights

The government also needs to identify its legitimate aims.The legitimate

5. Suggest measures to make Indian courts more

• Around 60,000 cases are pending in Supreme Court.

• Around 42 lakh cases are pending in different High Courts.

• Around 2.7 crore cases pending in District and Sub-ordinate Courts.

Measures to make Indian courts efficient:

1).Clearingout of Long Pending Case

• Lower courts in Kerala, Punjab, Himachal Pradesh, Haryana, and

• It is a welcoming and surprising news

• Almost a decade ago, it set up a case management system—i.e. a mechanism

• It also began to categorize writ petitions based on their urgency

• All these measures ushered in a degree of transparency and accountability in

3).Judicial Case Management

• This marks a fundamental shift in the management of cases—the

4).Measures from the Law Commission of India’s Report

(1) providing strict guidelines for the grant of adjournments

(2) curtailing vacation time in the higher judiciary

• Digitizing courts records has been a good start in this context.

• Just like automation powered by Artificial Intelligence is already helping

6. Why is the Parliament’s Public Accounts Committee

• The expenditure conforms to the authority that governs it;

• To examine the accounts of state corporations, trading concerns and

• To examine the accounts of autonomous and semi-autonomous bodies, the

• To consider the report of the CAG relating to an audit of any receipts or to

• It can also make recommendations to streamline the administration for

• The PAC’s power to scrutinize expenditure provides for Parliamentary

Therefore there is hardly any scope of dissent. And it also takes a

7. What are the salient features of the Representation of

Prominent features of the Representation of People’s Act:

• Part 21 of the Indian Constitution drafted by the Constituent Assembly had

• Citation is Article No 43 of 1951.

• Representation of People’s Act contains 13 parts (2 parts added as

• Chief Electoral Officer is mentioned in section 13A.

• Corrupt practices are mentioned in section 123.

• Election means an election to fill a seat or seats in either House of

Purpose of the recent Representation of the People (Amendment) Bill,

• The Amendment Bill seeks to enable Non-Resident Indians to cast votes

• The 1950 Act deals with allocation of seats and delimitation of