MAINS Q & A PRACTICE

1. Despite failing to achieve its stated objectives, the Non-Cooperation Movement was a landmark in India’s freedom struggle. Comment.

Approach:  

Student has to write brief introduction about Non-Cooperation Movement and how did it impact on British India’s freedom struggle during 20th century.

Introduction:

With the aim of self governance and obtaining full independence Mahatma Gandhi launched the Non-Cooperation Movement(NCM) on 5th September; 1920. The movement was to be nonviolent and to consist of Indians resigning their titles; boycotting government educational institutions, the courts, government service, foreign goods, and elections; and, eventually, refusing to pay taxes. Gandhi declared that if the non-cooperation programme was implemented completely, Swaraj would be ushered in within a year. 

Body:

Impact of the Non-Cooperation Movement in India’s freedom struggle:

• Non-Cooperation Movement could not achieve its objective but the movement marked the transition of Indian nationalism from a middle-class to a mass basis. 
• The artisans, peasants, students, urban poor, women, traders, etc participated in the movement. With this movement nationalist sentiments reached every corner of the country.
• NCM politicized every layer of the population – from rich to poor, educated to un- educated, the politicization led to impart the revolutionary character to the national movement.
• This movement gave push to indigenous products by boycotting the foreign goods, thereby helping Indian companies and damaged Britain’s economic and commercial interests.
• Even though Gandhi’s commitment to non-violence was not redeemed immediately after NCM, the fruit of the non-violence redeemed when, between 1930 and 1934, tens of millions again revolted in the Salt-Satyagraha which made India’s cause famous worldwide for its unerring adherence to non-violence.

Conclusion:

Non corporation movement brought confidence in common people and encouraged the mass to be fearless in their political pursuit and made Self-rule as an important goal. Strategy used by Gandhi and their leadership goal gave new dimensions to India’s freedom struggle

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2. Examine the factors that contributed to the rise of communalism during the first half of the 20th century. 

Approach:

It expects Students to write about factors contributed to the rise of communalism in first part along with legacy of communalism in India. 

Introduction:

Communalism is an important issue in India as it is the basic source of tension and violence. In Indian context, communalism in a broad sense means an aggressive and strong attachment to one’s religious identity. The stagnant economy of India during the British rule was an important factor for the growth of communalism in India.

Body: 

Factors responsible for rise of communalism in India during first half of 20th century:

• British rule and its policy of divide and rule: The British government used communalism to counter and weaken the growing national movement and the welding of the Indian people into a nation. Government used the policies of concessions, favoritism and reservations against the nationalist forces. To counter the growing influence of congress, British used communal sentiments of the various minority groups. 
• Separate Electorates for Minorities: Separatist tenancies started rising in first decade of 20th century. In 1906, a delegation headed by Agha khan put forward the demand of separate electorates for Muslims to the then viceroy lord Minto and it was awarded under Morley-Minto reform 1909.  It further extended to Sikh, Christians, and Anglo Indians by Montague-Chelmsford reforms in 1919. It increased minority thinking among Muslims and others who got separate electorates.   
• Muslim league: All India Muslim league was formed as a loyalist and communal political organization, which refused to criticize colonialism earlier, supported the partition of Bengal and thus while the national congress was taking up anti imperialistic economic and political issues, the Muslim league and its reactionary leaders preached that the interests of Muslims were different from those of Hindus. E.g. maintained distance from Civil disobedience movement and quit India movement.    
• Hindu Mahasabha: Formed in the 1915, Hindu Mahasabha focused on communal sentiments of Hindus by opposing the anti-imperialistic policies of Congress and asked Hindus to placate the British government to fight against Muslims. 
• Two nation theory: The two-nation theory believed in cultural, political, religious, economic and social dissimilarities between the two major communities, Hindus and Muslims of the Subcontinent. It’s popularity increased by extremists.
• Social-cultural conflicts: Hindus and Muslims have different rituals and practices. Such as Hindu treat cow as a sacred and Muslims consumes cattle beef. This created movement for cattle protection and several cattle protection related violence and riots happened during this period. In 1920 over 100 riots and 450 deaths were recorded in then Bengal. Two primary causes of this violence were Hindus Durga Pooja processions playing music continued as they passes Muslim Mosques, and Muslims killing cows in open during Eid-Ul-Adha.
• Communal history: A communal and distorted view of Indian history, particularly of the ancient and medieval period, was also responsible for its growth of communalism.

However, communalism has been legacy of Indian society even before the 20th century.  

• Arya samaj’s movement of Shuddhi and tabligh movement by muslims increased communal tensions even before.
• There was constant fear of proselytizing activities of Christian missionaries by using unfair methods even before 20th century. 
• Riots were common phenomenon during religious processions in north Indian cities in 19th century also.
• Personal ambitions of some Muslim leaders played major role in rise of communal politics even without divide and rule policy of british government. E.g. Syed Ahmed khan, Mohammad ail Jinnah. 

British only tried to exploit already available wedge between two communities. 

Conclusion:

Communal harmony is one of the basic requirements of peaceful existence of a country as diverse as India. Yet, we continue to live in an age where communalism is one of the biggest threats. Coexistence and acceptance of various religions is one of the best lessons Vivekananda taught us.

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3. In terms of political ideology and commitment towards socialism, what differences do you notice between Subhash Chandra Bose and Mahatma Gandhi? Discuss.

Approach:

It expects student to write about differences in political ideology in first half of question and in second half need to write about differences in commitment towards socialism. You can also write body part in table format. In third part you need to mention about similarities between both.

Introduction:

Netaji Subhas Chandra Bose and Mahatma Gandhi were infallibly dedicated to the cause of Indian freedom. They were loved by the masses and feared by the Raj. But between themselves, these two icons of India’s freedom movement shared a rather frosty relationship and history is replete with instances of trenchant differences between them.

Body:

Mahatma Gandhi and Subhash Chandra Bose differed in their approach and had a different political ideology:

• Subhash Chandra Bose adopted violent means for the liberation of India and thus led Indian National Army. He used to say, ‘The enemy has already drawn the sword, he must therefore be fought with the sword.’  Gandhiji, on the other hand, was a firm believer of non-violence and led peaceful mass protests.
• Bose wanted to grab the opportunity provided by Second World War for India’s freedom, thus approached Germany, Japan while Gandhi saw fascism and Nazism a greater danger to Indian polity and society. Though he did not cooperate with British. They had a different understanding of the same event.
• Religious teachings had great importance in the life of Mahatma Gandhi, he believed in the change of heart rather than radical change. He was against cow slaughter but did not favour legislation to ban cow slaughter while Subhash Chandra Bose was a leftist and rationalist. Even though he was ready to compromise with religious political parties like Muslim League in Bengal for larger objective of freedom. 
• Gandhi’s idea of freedom was based on self-rule and rule over self. Bose viewed freedom not only in terms of the political self-rule but also freedom from socioeconomic inequalities, casteism, intolerance etc.
• The Gandhian vision of an ideal village or village Swaraj is that it is a complete republic, independent of its neighbours for its own wants and yet interdependent for many others in which dependence is necessary. Netaji’s idea of village development did not match with Gandhiji as he was proponent of rapid development. 

At the same time, both differ in their commitment towards socialism:

• Ideologically, Gandhiji subscribed to some elements of socialist pattern of society where fruits of labour were evenly distributed and favoured trusteeship pattern. Gandhi was not of opinion to destroy capitalism; he wanted to regulate the relation between capital and labour. Subhash Chandra was a keen follower of radical leftist ideology and organized trade unions and was not against militant labour movement. 
• Netaji believed building new India in socialist way with industrial development. While Gandhiji believed in Village economy and thus Netaji writes in his Kabul Thesis that “major reason Gandhiji opposed me as candidate for Tripuri Congress Election was my industrialisation attitude”.
• Gandhiji wanted Local schooling system all away from western while Netaji propagated for military education, technical education and administrative education on socialist pattern.

Despite differences both has similar views as follows:

• Gandhi and Bose did not differ on their choices between communism and capitalism. Both were socialists, as per their stated positions, and disassociated themselves from Communism (Bose certainly did).
• Again, unlike what is commonly believed, Gandhi was not opposed to violence per se as he did not totally oppose violence during Quit India movement.
• Mahatma Gandhi and Subhash Chandra Bose had the same objective of liberating the country from the yoke of British imperialism. 
• Until the political clash at Tripuri they worked more or less together under the common platform of the Indian National Congress for about two decades.
• Gandhi’s struggle i.e., averse mindset in the beginning of the Second World War and his uncompromising stance during the Quit India Movement, was in a way a victory of  Netaji’s strategy.
• Gandhi’s tone and temper clearly smacked of a revolutionary strategy quite akin to the soul and spirit of Bose. Ideologically they appeared to come nearer.

Conclusion:

In spite of all the differences in ideologies, both these great men admired and respected each other. In 1942 Gandhi called Subhash Bose the “Prince among the Patriots” for his great love for the country. Bose too admired Gandhi and in a radio broadcast from Rangoon in 1944, he called Mahatma Gandhi “The Father of Our Nation.”

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4.The decade of 1930 was a truly remarkable one as it was decisive in many ways of the true shape that the political, social and economic discourse India was taking. Elucidate.

Approach

It expect student to write about how various events, decisions, acts, regulations etc. were decisive in shaping political, social and economical discourse. Try to address each subpoint in separate section.

Introduction:

The decade of 1930 played significant role in Indian freedom movement, which proven guiding for future course of national movement till independence in 1947. 1930’s started with Civil Disobedience Movement, Salt Satyagraha and ended with individual satyagraha in 1940’s.

Body:

Political:

• 26 January 1930 was celebrated as the first Independence (Swarajya) Day. Public meetings were organised all over the country in villages and towns and the independence pledge was read out in local languages and the national flag was hoisted.
• Increased influence & radicalism of the Congress w.r.t. to demands for complete independence. Congress winning the provincial councils changed the perception of power structures completely & the britishers were forced to compromise on certain issues. The freedom struggle reached new places & previously untouched people.
• There was an upsurge in leftists ideas in the country with rise of peasant & worker organisations & Movements like kisansabhas& trade union congress. Even within the INC socialist leaders like Subhas Bose & J. Nehru gained popularity & leadership.
• There was an increased involvement of national leaders(Haripura) in the princely state’s movements & in setting up of organisations & involvement in freedom struggle.
• The British rule increasingly tried to apply their strategy of Divide & rule (Communal award) by engaging with & encouraging radical groups like Hindu Mahasabha& Muslim league while also trying to create new divisions between congress & the lower caste. They used this effectively in the Round table conferences.

Social:

• Increasing influence of Gandhiji within congress who increasing made the freedom movement a mass based movement (Civil disobedience) & also involved constructive works like abolition of untouchability,opening of temples & social reform.
•  For Indian women, Civil Disobedience Movement was the most liberating experience and can truly be said to have marked their entry into the public sphere.
• Congress Resolutions at Karachi on Fundamental right guaranteed universal adult franchise, neutrality of state in religious matters, free and compulsory primary education, protection to culture, language, script of minorities and linguistic groups.
• Government of India act 1935 extended franchise, women got the right on the same basis as men.
• Congress government in provinces took various social reforms including attention given to primary, technical and higher education and to public health and sanitation, Encouragement given to khadi through subsidies and other measures.

Economic: 

• Congress Resolutions at Karachi on National Economic Programme included better conditions of work including a living wage, limited hours of work and protection of women workers in the industrial sector, right to workers and peasants to form unions, state ownership and control of key industries, mines and means of transport.
• Congress provincial government took efforts to develop planning through National Planning Committee set up under Congress president Subhash Bose in 1938.

Conclusion:

All these events laid the basis of nature of Independence & also the Communal politics & Partition of India& the later caste politics. However, these events & ideas also helped in creation of a welfare oriented Constitution with stress on Fundamental rights & social reform, in the smooth Integration of states & the post-colonial reorganisation & Development like National Planning, land reforms & Linguistic states.

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5. Consolidation of the Muslim League was the worst fallout of the Quit India movement. Do you agree? Critically examine.  

Approach: 

As the directive is “Critically Examine”, it expects from a candidate to  throw light on  both sides of an issue and come to a balanced conclusion. Here it is expected that Candidate should probe deeper in to details of whether consolidation of the Muslim league was the worst fallout of the quit India movement or not and arrive at a balanced conclusion.

Introduction:

On 8th August 1942, Mahatma Gandhi gave a clarion call to end the British rule and launched the Quit India Movement at the session of the All-India Congress Committee in Mumbai. In a small span of time the movement acquired national character due to swift and wide spread all over the nation. However, the movement faced numerous fallout during its deteriorating phase. 

Body:

The Quit India movement was the spontaneous participation of the masses compared to the other Gandhian movements like non-cooperation and civil disobedience. The great significance of this historic movement was that it placed the demand for independence on the immediate agenda of the national movement. Howvevr, consolidation of the Muslim League was the worst fallout for Quit India movement due to following reasons: 

• Britain could not evacuate India in the middle of the Second World War, with Japan looming on its eastern front. But the empty space created in politics by the Congress leaders being in prison gave the Muslim League its chance to rush in. 
• According to Jinnah, it was not in the interest of the Muslims for the British to abandon them in a potentially hostile swamp of Hinduism. The logical position of the League was actually to keep the British in India—at least for as long as it took to convince them of the case for Pakistan, and perhaps indefinitely.
• In 1937, the Muslim League was not able to form the government in any province in the provincial elections held that year as per the Government of India Act. Even in the 125 non-general constituencies out of which 59 were reserved for Muslims, the Congress managed to win 25 seats with 15 seats coming from the Muslim dominated North-West Frontier Province.
• In 1940, Jinnah gave a speech in Lahore in which he talked of the impossibility of living as one nation. In response to this, some members of the league who were opposed to the Two-Nation Theory broke away from the party and formed the All-India Jamhur Muslim League (AIJML). The AIJML later merged with the Congress party.
• The effect of Gandhi’s Quit India misstep, and the League’s hugely successful campaign during the 1940s, can be seen from the election statistics.
• The party, under Jinnah, spearheaded the campaign for Pakistan throughout the 1940s and was successful in its mission of dividing the country. The country was partitioned along communal lines along with independence in 1947.
• Muslim league grabbed the opportunity where the vacuum was created due to arrest of major political leaders. It led to Consolidation of Muslim league. 
• In the midst of World war – II Britain was not in position to neatly negotiate, this opportunity was also grabbed by Muslim league to put forth their demand. 
• Which in turn affected Quit India movement, culminated in to a major fall out for Quit India movement. 

Conclusion:

Hence, it becomes evident that Quit India, as a movement was aimed at pushing British out of India, and consolidating India as one nation. However, Consolidation of Muslim league turned to be a major setback for Quit India movement.

MAINS Q& A PRACTICE

1. What do you understand by the concept of checks and balances in a constitutional democracy? Explain with the help of relevant examples in the Indian context.  

Approach: 

As the directive is explain, a candidate here is expected to clarify with relevant facts and implications. Here, for introduction part candidate can start by defining what are checks and balances in a constitutional democracy besides showing how it is a characteristic feature of Indian democracy. For main body part it is expected to explain in detail concept of checks and balances besides showing importance of checks and balances in a constitutional democracy with relative examples in Indian democracy. For value addition  we also need to explain performance of this concept of checks and balances in Indian context. While in conclusion one can state in brief what is the output of this system in general and what are the advantages or disadvantages continuing with this concept. 

Introduction:

The concept of checks and balances is to safeguard that different branches of government control each other internally (checks) and serve as counter weights to the power possessed by the other branches (balances). Despite there being no express provision recognizing the doctrine of separation of powers in its absolute form, the Constitution of India does make the provisions for a reasonable separation of functions and powers between the three organs of Government. Rather it is more of a version of “checks and balances”.

Body:

Checks and balances, principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power.

• Checks and balances are applied primarily in constitutional governments. They are of fundamental importance in tripartite governments, such as that of the United States, which separate powers among legislative, executive, and judicial branches.
• Checks and balances, which modify the separation of powers, may operate under parliamentary systems through exercise of a parliament’s prerogative to adopt a no-confidence vote in a government; the government, or cabinet, in turn, ordinarily may dissolve the parliament. For instance, Indian Constitution envisages such provision. 
• In simple form, the objective of separation of functions and employees is to limit the power; to make the branches of government accountable to each other. It can be clearly observed from Figure 1. 
• The most noticeable example of a check is the power of the judiciary to appraise executive conduct and ordinary laws for the compliance with the Constitution and the Bill of Rights.
• Judicial review in this case constitutes neither executive nor judicial function, it is a mere check on the exercise of executive and legislative power. It is a power exercised by the judiciary to guarantee constitutional compliance and not to exercise the power of another specialist.

Indian constitution have meticulously defined powers and functions of the different organs of the state. Legislature, executive and judiciary have to function within their own spheres demarcated under the constitution. Unlike the US constitution, instead of having strict separation of power India follows the principle of ‘checks and balance’ which is evident from the various constitutional provisions dealing with executive, legislative and judicial organs. 

• For instance, Under the constitutional provision, Parliament in India includes the Lok Sabha, the Rajya Sabha and the President. Parliament, the legislative body, has the head of executive as its integral part. 
• Accordingly, the parliament uses different motions like censure motion, no confidence motion, etc., to check the functioning of the council and hold them responsible. Further, the Parliament under article 61, can impeach the President for violation of the Constitution.
• Within the constitutional provision India has an independent judiciary with the Supreme Court at its apex. Provision of judicial review and writ under Article 32 and 226 empowers the Supreme Court and the High Court’s respectively to check the constitutional validity of the executive and legislative actions.
•  Independence of the judiciary has been ensured in the constitution but the same has been interlinked with executive and legislative organ of the government.
•  For instance, appointment and transfer of judges of High Courts and the Supreme Court is done by the executive. Further, the removal of the judges of the High Courts and Supreme court is done by the Parliament.
• Idea behind the doctrine of separation of powers is to create separate power centres rather than having all power concentrated in a single institution. Though on the whole, the doctrine of separation of power in the strict sense is not possible in modern political system, its value lies in emphasis of checks and balance, which are necessary to prevent abuse of power and uphold the rule of law. 
• All three of them are strong pillars of India which support and strengthen each other. Thus, keeps a check and ensures smooth functioning of the whole system and the nation.

Performance of concept of Checks and balances with respect to Indian constitution: 

• Since its inception Indian Constitution has undergone various amendments, however, our constitution hadn’t undergone major changes as changing the constitution entirely due to its principle of separation of power and checks and balances. 
• For instance, the Parliament wields more power when it comes to amendment of the Constitution. However, In the Keshavananda Bharati Case (1973), the SC ruled that the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution’. This ensured that no arbitrary amendment can pass the test. 
• Also, the Executive (i.e. the political Executive the Council of Ministers) remains responsible and the administration accountable to Parliament. It is the function of Parliament to exercise political and financial control over the Executive and to ensure parliamentary surveillance of administration. Thus, Executive is collectively responsible to Parliament for its actions.
• Also, recent stay order by honourable Supreme Court regarding the Maratha reservation which breached the constitutional limit of 50% reservation is also a fine example of Judiciaries check on arbitrary use of power by legislature. 

Conclusion:

Checks and balances in constitutional democracy ensure that the different branches control each other. This is intended to make them accountable to each other – these are the ‘checks’; It also ensure to check arbitrary use of power by any organ of the government. Also the constitution divides power between the different branches of government – these are the ‘balances’. Balance aims to ensure that no individual or group of people in government is ‘all-powerful’. Hence, checks and balances ensure that power is shared, no arbitrary use of power takes place and it is not concentrated in one branch.

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2. Examine the powers and limitations of different commissions for the protections of the rights of the vulnerable sections.

Approach: 

The demand of the question is quite direct. Body of the answer should include two subheadings – Powers and Limitations. 

Since, the directive is “EXAMINE”, mere listing of powers or limitations pointers won’t fetch marks. Students should try to understand, inspect, investigate and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications. 

Introduction: 

Vulnerable sections like women, children, SC/STs, minorities, OBCs and differently able are facing multiple socio-economic disadvantages in terms of health, education, mobility, economic opportunity, etc., in India. To redress it, the Constitution of India as well as various legislations has provided for different commissions and the prime intention is to protect their constitutional rights, coordination in socio-economic and educational development, and address atrocities related matters.

Body:

Some of the different Commissions mandated to oversee and ensure social justice and protection of the vulnerable and backward sections of the society are-

Powers of the commission: 

1. Commissions are empowered to investigate and monitor all matters relating to the safeguards for vulnerable sections under the constitution and any other law or any order of the government 🡪 This has helped to evaluate the working of such safeguards as the vulnerable sections are often prone to violence.
2. They inquire into specific complaints dealing with the vulnerable sections 🡪 This has helped to protect and safeguard vulnerable sections, as they are deprived from their rights. 
3. They participate and advice on planning process of socio-economic developments of vulnerable sections 🡪 This helps to evaluate the progress of the development of vulnerable section under the union and any state, as these sections are not aware of their beneficial schemes.
4. Present report to the President upon the working of those safeguards annually and at such other times as the commission deems fit, because of free from political interference in the process.
5. Make recommendations as to the measures that should be taken by the centre and states for the effective implementation of those safeguards and other measures implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the vulnerable sections.
6. To discharge such other functions for protection, welfare and development and advancement of Vulnerable sections as the president may, subject to the provisions of any law made by parliament by rule specify.

Limitations of the commissions:

• Compositions of the commission 🡪 Respective Commission Chairperson/members should have representation from vulnerable section and should be inclusive.
• Multiplicity of various commissions for the vulnerable sections of the society 🡪 has led to problems of overlapping jurisdiction and duplication of functions. 

1. Currently, Commissions are not empowered to issue binding directions or injunction orders and its reports, unlike the decrees of civil courts, could not be enforced and executed, therefore commissions should get constitutional backup.
2. As the commission is not an adjudicatory body that could issue binding directions or injunction order therefore reports are not an alternative to the hierarchical judicial system envisaged under the constitution, it has no jurisdiction over service matters of an institution like the ITBP. Most of the Commissions are toothless and need to get the binding powers to punish the accused.
3. Other limitations 🡪 Low financial independence and politicization of commissions, absence of checks and balances, National and State Commissions do not trespass their respective jurisdiction etc

Conclusion/Way ahead:

All the commissions need to be empowered truly by –

• making them free of political interference, 
• manning them with adequate and suitable manpower, 
• providing them enough funding for carrying out basic research etc. 
• more powers, specially to impose penalty,
• making their decisions binding on executive. 

In cases where executive decides not to implement the decisions, it should provide reasons behind not doing so.

Constitutional mandate of putting yearly reports by these bodies in parliament should be done in true spirit and parliamentarians should spend decent time to discuss the report.

Above everything political will is required on part of both central and state governments to make these bodies truly effective and thus improve the conditions of the vulnerable in country.

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3. What are the constitutional provisions for separation of powers in India’s three

tiered government? Are they effective? Critically examine.

Approach: 

It expects students to write about the constitutional provisions for separation of power in India’s three tiered government and analyze effectiveness of such provisions in critical manner. 

Introduction: 

Division of powers between different tiers of government is mentioned in the constitution. Union government has overridden and invaded powers of state government under emergency and certain other eventualities. It cannot destroy the essential federal feature of the Constitution but questions effectiveness of arrangement of separation of powers.  

Body: 

Table for Constitutional provisions of separation of power between union, state and local government:

Union government	State government	Local government
Article 52 to 151 provides provisions for union government under Part 5 like executive, parliament, legislative powers of President, union judiciary and comptroller and auditor general of India.	Article 152 to 237 provides provisions for state government under Part 6 like state executive, state legislature, legislative powers of Governor, High Courts and Subordinate Courts.	The 73rd Amendment Act added part 9 and a new Schedule 11 to the Constitution for rural local bodies i.e. panchayati raj.  Similarly, the 74th Amendment Act added part 9-A and new schedule 12 to the Constitution. Article 243 to 243ZH contains provisions for local government.
Schedule 7 provides Union list of subjects on which parliament has exclusive powers of law making and concurrent list of subjects on which parliament has shared power with states. Along with it center also enjoy residuary powers over subjects not mentioned under any list.	Schedule 7 also provides state list on which state legislature has exclusive powers of law making subject to some exceptions.	Schedule 11 contains list of 29 subjects under purview of panchayats. Schedule 12 contains list of 18 items under purview of urban local bodies.
Power of appointment of members of Election commission (Article 324) and UPSC (Article 315-323) resides with President. Finance Commission (Article 280) is constituted by President of India every five years.	It also enjoys powers to appoint members of State Public Service Commission (Article 315-323) and State Finance commissions.	Gram Sabha in rural local government provide way for direct democracy in which accountability and transparency can be achieved efficiently.
Article 343 mentions official languages of the Union which are Hindi and English as of now.	Article 345 provide official language or languages of a State- subject to the provisions of articles 346 and 347, the legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi.	It uses respective state official language for communications.

Effectiveness of constitutional provisions to maintain separation of powers: 

• Decentralization and separate government apparatus: States are not subordinate to the Union. Both derive their powers from the constitution which is the supreme law of the land. The powers enjoyed by both are, therefore, original and not delegated by the center. E.g. Innovations like Autonomous District council provided ways for more decentralization.
• Separate list of subjects has by and large avoided turf wars between union and states. 
• Since the SR Bommai case verdict, misuse of Article 356 has reduced significantly. Supreme Court can reinstate state governments arbitrarily removed by President’s rule. 
• Compulsory provision under 73rd and 74th constitutional amendment act mandated to have elections every five years, state finance commission for financial relations of state/intra state and local bodies. It makes local government more efficient and avoids interference of state government. 
• Only in exceptional cases, parliament can override state legislature or executive powers like, emergency national or financial, President’s rule or if state/states pass resolution to that effect. 
• Increased role of finance commission as constitutional body and increased share of states in central divisible pool helped to increase autonomy of states in economic development. Competitive spirit between states has helped union government to achieve its own objective of economic development. 

However, effectiveness of separation of power has been questioned multiple times in independent Indian history,

• Provision of Emergency powers (Article 352-360) under constitution keep scope for totalitarianism violates principle of separation of power. Use of instrument of President’s rule by more than 125 times by union government to remove state governments in different states. It was envisaged as dead letter which proved deadly weapon against states and hampered separation of powers. 
• Governor’s office: Constitutional and situational discretions are used by office of governor in inappropriate manner.  Political activism shown by governor’s office in West Bengal and Maharashtra in recent time reduces the stature of constitutional office in Indian polity. It also exemplifies violation of constitutional morality by indulging in jurisdiction of state’s powers. 
• Use of central investigation agencies: It has been used by union governments to influence decisions of opposition political parties ruling in states. Enquiry commissions for chief ministers and important functionaries. 
• One nation one policy initiatives erode the federal independence and innovation in their own jurisdiction like taxation, social sector schemes and electoral matters. E.g. push for one nation one election, one nation one tax.  
• Terms of reference used by Finance commission like forest cover, total fertility rate, per capita GDP create feeling of injustice in some states. Dependence of states and local governments on union vis-e-vis financial security erodes principle of separation of power.
• Sheer number of subjects under state list is much less than union list; still there is constant encroachment by union on the subjects of state list.  E.g. Farmers acts of 2020. 

Conclusion:

However, despite of challenges, India’s 3 tiered government models succeeded to maintain robustness and effectiveness with cooperation, collaboration and consultations recently witnessed joint pandemic response. There is need to achieve objective of ‘minimum government and maximum governance’ without hampering effectiveness of separation of power between different tiers of governments in India.

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4. While self-reliance is important, India does not have the luxury of abandoning export orientation. Elucidate.

Approach:

It expects students to write answer in two parts – In first part write your argument as why India focusing on self-reliance; while in second part write about why India does not have the luxury of abandoning export orientation.  

Introduction:

Only a self-reliant nation can serve the diverse needs of its population and provide them with choices. A content nation can also contribute to the welfare of other counties with a sense of self-pride. The COVID-related pressures and the unfortunate border tensions with its largest import partner, China, present a rare opportunity for India to reinvent itself, economically.

Body:

India now focussing on Self Reliance due to following reasons:

• COVID-19 took very little time to spread across the world economy. International trade has been constricted and global supply chains have, by and large, been disrupted. 
• Each nation has been left to fend for itself. India’s dependence on other countries has been exposed in several areas. The country should now refocus on manufacturing, and be self-reliant.
• Prime Minister Narendra Modi gave a call to fellow Indians to be “Vocal for Local” in May. This essentially means, as PM Modi explained, not only to buy and use local products, but to also take pride in promoting them. 
• The Centre announced a well-considered programme, the Atmanirbhar Bharat Abhiyan (ANBA), as part of the post-pandemic economic revival package. Rs. 20 lakh crore (10% of India’s GDP) was earmarked for the purpose.
• Nevertheless, experts and industrialists do assert that the ANBA is an excellent initiative and gives India the opportunity to embark on the self-reliance drive.

However, while focusing of self-reliance, India does not have the luxury of abandoning

export orientation because:

• India has focused on domestic-demand led growth not just as a short-run response to Covid – 19, but as a medium-term growth strategy. All the evidence across the world and in India has shown that rapid and sustained economic growth requires export dynamism. 
• Only growth can rehabilitate balance sheets; stressing balance sheets further cannot realistically revive growth. Consumption growth will be limited by the fact that household debt has grown rapidly in the last few years.
• Consumption now can grow only if incomes grow. Government spending could be a short run option, but COVID has limited that possibility. Post-COVID, India’s debt is expected to rise from about 70 per cent of GDP to about 85-90 per cent and deficits are likely to be in the double-digit range. The fiscal space for spending will be severely limited both because of high levels of deficits and indebtedness and because debt dynamics will be adverse unless growth picks up substantially.
• India may well have scope for expansionary fiscal policy in the short run but not as a medium run growth strategy. India’s financial system was badly impaired even heading into the COVID crisis and will come out more seriously damaged. Given the limited progress in fixing the financial system, prospects for investment remain weak. In short, in India’s current circumstances, India does not have the luxury of abandoning export orientation because the alternatives are so limited.
• We estimate that India is producing and exporting about $60-$140 billion (2-5 per cent of GDP) less of low-skilled activity annually than it should be. There are, of course, two ways to look at this finding. On the one hand, it is an indictment of past performance. On the other, it is also an indicator of potential future opportunity if the underlying problems are addressed.
• In recent years, because China’s wages are rising as it has become richer, it has vacated about $140 billion in exports in unskilled-labour intensive sectors, including apparel, clothing, leather and footwear. Post-COVID, the move of investors away from China will probably accelerate as they seek to hedge against supply chain disruptions because of trade actions against China. 
• India did not take advantage of the first China opportunity. Now, a second opportunity stemming from geo-politics has been created and that is India’s big prize waiting to be seized. Importantly, exploiting this opportunity in unskilled exports requires more not less openness. 

Export success will also require genuine easing of costs of trading and doing business in India. As India contemplates atmanirbharta, two deeper advantages of export orientation are always worth remembering. First, foreign demand will always be bigger than domestic demand for any country. Second, there is also a fundamental asymmetry: If domestic producers are competitive internationally, they will be competitive domestically and domestic consumers and firms will also benefit. The reverse is not true: Being competitive only domestically is no guarantee of efficiency and low cost. In sum, resisting the misleading allure of the domestic market, India should zealously boost export performance and deploy all means to achieve that. 

Conclusion:

Pursuing rapid export growth in manufacturing and services should be an obsession with self-evident justification. Abandoning export orientation will amount to killing the goose that lays the golden eggs and indeed killing the only goose laying the eggs. 

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5. As global supply chains have disrupted during pandemic, India has a tremendous opportunity to reindustrialise. Comment.

Approach:

It expects students to write – in first part, write about how pandemic disrupt global supply chain – in second part write about why India has a tremendous opportunity to reindustrialise – in third part in short you can mention few constraints for reindustrialisation – while in fourth part write about How India can seize the global supply chain opportunity in the post COVID-19 era

Introduction:

COVID-19 took very little time to spread across the world economy. International trade has been constricted and global supply chains have, by and large, been disrupted. With pandemic crisis, both regional and global supply chains stand fractured. There is a pressing need to re-evaluate the global supply chains wherein fundamental assumptions may need to be re-examined, manufacturing bases may need to be diversified, trade channels may need to be re-engineered, and investment destinations may see a shift.

Body:

Pandemic disrupt global supply chain as follows:

• Economic activities stagnated
• Transportation halted
• Labour movement restricted
• Some MSME’s shutdown
• Unemployment
• Fall in demand
• Import substitution

India has a tremendous opportunity to reindustrialise because: 

• India has strongest demography: According to National Policy for Skill Development and Entrepreneurship – 54% are below 25yrs and 62% are aged between 15-59yrs.
• India’s continuous efforts to improve infrastructure by various projects like Bharatmala, Sagarmala, National Infrastructure Pipeline etc.
• Recently amended labour laws can attract foreign investment which can be utilised for industrialisation. 
• With the disruptions in supply chains, every company that relied on inputs from abroad has been severely impacted. It is becoming evident that the supply chain strategies that were most celebrated in pre-COVID-19 world can no longer be relied upon. 
• For instance, the lean or the ‘just-in-time’ inventory strategies that entail manufacturers to maintain minimum raw material, may need to be revaluated. There is thus a pressing need to re-engineer the global supply chains wherein the fundamental assumptions may need to be re-examined, manufacturing bases may need to be diversified, trade channels may need to be altered, and investment destinations may see a shift.
• In line with the urge to create a resilient supply chain system, the consumption-driven developed economies such as the EU, Americas and Asia are not only rethinking their business strategies, but also are beginning to look at other nations to mitigate their supply chain risks. 

However, following are some challenges for reindustrialisation:

• Regulatory uncertainty: Regulatory risks and policy uncertainty in the past have dented investor confidence.
• Investment: There has been a cyclical slowdown in fresh investment since 2011-12.
• Technology adoption: The adoption of new technologies like artificial intelligence, data analytics, machine-to-machine communications, robotics and related technologies, collectively called “Industry 4.0”, are a bigger challenge for SMEs than for organized large-scale manufacturing. Data security, reliability of data and stability in communication/transmission also pose challenges to technology adoption.
• Exports and insufficient domestic demand:  There has been no export driven industrial growth. Domestic demand alone may not be adequate for sustained, high value manufacturing.
• Challenges to doing business: Despite recent improvements in our global EODB rank, it continues to be a drag on the system. This is also true of investment conditions in the states. Getting construction permits, enforcing contracts, paying taxes, starting a business and trading across borders continue to constrain doing business.

India can seize the global supply chain opportunity in the post COVID-19 era by following interventions:

Under the above-mentioned groupings, some of the immediate measures the governments may undertake include:

• Immediate release of incentives under the industrial and sectoral policies.
• Enact ease of not just doing business but resuming, diversifying and expanding too.
• Allow extended operating hours.
• Provide plug-n-play infrastructure and common facility centers (CFCs) in each district, with focus on technological support and export promotion.
• Establish helpdesks and digital platform to bridge information gap between suppliers, buyers and logistics service providers.
• Revisit, renegotiate and enforce FTAs, especially with respect to value addition clauses and change in import-export basket of India.

Conclusion:

With the newly defined objectives of global companies and countries to reduce their supply chain risks in the long term and fix the broken value chains in the short term, India has an exclusive opportunity to emerge as the preferred destination during and after the COVID-19 pandemic.

MAINS Q&A PRACTICE

1. What do you understand by multi-level planning? What are its benefits? How has it evolved in India? Discuss.

Approach:

As the directive is discuss, a candidate is expected to discuss various perspectives and present a logical argument. For introduction, candidate can adopt an approach where he/she defines the multi-level planning and then in brief explains how it is beneficial. In main body part, candidate has to write in detail on multi-level planning and its benefits. In the later part of body candidate has to explain how it is evolved in India besides explaining its benefits and drawbacks with respect to India and in general, along with it a way forward while explaining how it can be utilised more efficiently for betterment of India. 

Introduction:

Multi-level Planning (MLP) opposed to centralized planning is an exercise where local institutions are actively involved not only at the implementation level but MLP is a more integrative effort that seeks to involve all hierarchies of administrative, geographical, political and regional levels in the planning process. It is more beneficial than centralised planning as it ensures people’s active participation, cost effectiveness, checks corruption, maintains regional parties and balances etc.

Body:

It seeks to ensure the active participation of the lower hierarchical levels in information generation, data collection, policy suggestions, plan implementation & monitoring of all developmental activities. With respect to India, various levels of planning in India are as follows: at National level, at State level, at district level, at Block level and at village level. 

• A planning process can be either single-level or multi-level. In the single-level planning, the formulation of plans and decision making are done at the national level; the process is centralized and the lower territorial levels come into the picture only at the implementation stage.
• Whereas, in the multi-level planning process, the national territory is divided into small territorial units, their number depending upon the size of the country, the administrative, the geographical and cultural settings.
• The concept of multi-level regional planning may be defined as ‘planning for a variety of regions which together form a system and subordinate systems’.
• In such plans, there is direct participation of the people in the planning process. In multi-level planning, every region/unit constitutes a system and hence, the planning process becomes more effective. Similarly, the higher-level regional plans provide the basic frame-work for the lower-level plans.
• In multi-level planning, the various levels of planning provide bases for higher-level planning. which can be observed in Figure 1 below.

Figure 1: Multi-level planning 

Benefits of Multi-Level Planning: 

• Financial integration of all levels takes place because of responsibility sharing. 
• Active popular participation increases: As a natural corollary to the decentralisation of planning, mechanisms for peoples’ involvement need to be intensively explored for each level for more ‘relevant’ policy since interests cannot be adequately articulated without the active participation of people who are the intended beneficiaries.
• Affordable operations: Multi-level planning is expected to make operations affordable by providing better linkages between relevant sectors and ready access to required information, which would remove many implementation blockages.
• Addresses regional disparities and imbalances: Through inclusive decisions, Multi-level planning is expected to reduce regional disparities and bring more equity in development, since the chief factor behind persistent regional imbalances has been diagnosed as an unstudied application of the macro plan at micro levels without necessary modifications/detailing by the local development planners to address the particular requirements of an area/target group.
• Checks Corruption: Corruption is a persistent problem. For instance, the main problem with poverty alleviation programs has been the identification of beneficiaries and articulation of their needs, which has been far from orderly. Omissions/commissions alleged/inadvertent have largely thwarted efforts.
• Addresses local demands: Local development planners can decide on the territorial level based on its needs and requirements, viz. gram sabha, Samiti or Zilla Parishad, where a function can be performed with maximum impact and economy.
• Realisation of “Gram Swaraj”: As per the MLP approach, the establishment of local “self-government” would renew local administration, which would have positive spin-off effects on business generally. It’s in general realisation of Gandhji’s dream of ‘Gram Swaraj’, as people at local level take their own decisions and govern themselves. 

Evolution of Multi-level planning in India: 

• The 1st and 2nd Five Year Plans (FYP) gave the concept of community development where planning scope was expanded from mere law & order maintenance towards welfare and development oriented objectives. 
• In 1960’s formal lower level organisations were recognised because in 1957 Balwant Rai Mehta committee recommended 3 tier Panchayati Raj system for decentralisation and effective democracy. 
• In 1967, ARC suggested that district level planning should be related to local area planning. Every plan must indicate resource availability at local level. Districts should have authority to decide sectorial financial outlay. 
• In 1978, Dantewala working group suggested block level planning while Ashok Mehta Committee recommended strengthening of planning at Jila Parishad level by placing district level officers under DRDA (District Rural Development Agency). Today DRDA is at the lowest level in plan implementation. 
• In 1982 Hanumantharao committee suggested Sharing resources for administrative and financial independence.
• The main objective of this kind of recommendations was to absorb local labour surpluses and greater involvement of people in the formulation and implementation of development plans. Hence, by the end of 1983 adopt system of block-level planning integrated into national system was available.
• In 1985 Sarkaria commission suggested for setting up of state finance commissions for financing of districts. 
• At the apex of multilevel planning, in 1992, 73rd and 74th Constitutional amendments took place to planning as a subject devolved up to local levels. 
• Here, Panchayati Raj institutions attained Constitutional status with mandates as was envisaged under Article 40 of Directive Principles of State Policy (DPSP). 
• Further to this development, PESA was enacted by Government of India to cover the “Scheduled Areas”, which are not covered in the 73rd Constitutional amendment. This particular act extends the provisions of Part IX to the Scheduled Areas of the country. PESA brought powers further down to the Gram Sabha level.

In this way evolution of multi-level planning in India took place. However, it has some drawbacks which needs to be addressed.

• Though powers are devolved to local levels, they are not that much empowered to act decisively. For instance, a village Panchayat has very low economic resources to collect as a tax or revenue from the people. 
• Due to this they are more of dependent on the state governments and central governments for finances. Hence, their decision making also gets hampered.
• Sometimes planning at local levels gets hijacked by the dominating class, which makes vulnerable classes more vulnerable and pushes them out of decision making process. 

Conclusion:

In determining appropriate area levels, there is a need to take into account not only planning requirements in terms of techniques and processes but also social, political and administrative structures. There is a need to introduce Constitutional provisions to ensure continuity and authenticity to such arrangements, particularly in regard to elections for bodies at sub-state levels which will help us to realise Gandhiji’s dream of ‘Swaraj’ in true sense. 

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2. How can e-governance initiatives empower Panchayati Raj Institution (PRI). Illustrate.

Approach: One needs to explain about e-governance or facts (e-governance) in the Introduction. In body, objective of e-governance initiatives in empowering Panchayat Raj Institution. (Student needs to mention the examples as well).

Illustrate: Such an answer will generally involve the use of many examples, such as tables, figures, graphs, or concrete research statistics and evidence. The aim is to use these examples to demonstrate knowledge of the subject of the question and to further explain or clarify your answer).

Introduction:

E-Governance is the application of Information Technology to improve the ability of the government to address the needs of society. It includes the publishing of policy and program-related information to transact with citizens, integration of various stand-alone systems between government to citizen (G2C), government-to-business (G2B), and government-to-government (G2G). It extends beyond the provision of online services and covers the use of IT for strategic planning and reaching the development goals of the government. 

(Note: One can also explain about e-governance providing facts (ranking or performance of PRIs pre-digitalization or post-digitalization))

Body:

National e-Governance Plan was launched with the objective “Make all Public Services accessible to the common man in his locality, through common service delivery outlets and ensure efficiency, transparency and reliability of such services at affordable costs to realize the basic needs of the common man”.

(To reduce the word limit, students can use the block diagram)

Figure: Objectives of e-governance

Some of the e-governance initiatives which help to bring governance in PRI mentioned below:

• E-Panchayat – This Project intends to improve quality of governance in PRIs. Further, it also enhances the coordination between Ministry of Panchayati Raj, Government of India and PRIs. The central objective of this project is to ensure local area development and strengthen local self-governance by providing variety of services to its stakeholders.

• Bhoomi Project (Karnataka government’s initiative): Online Delivery of Land Records, Bhoomi is a self-sustainable e-Governance project for the computerized delivery of 20 million rural land records to 6.7 million farmers of Karnataka. It helps farmers to access instant information about the land.

• KHETI – The Knowledge Help Extension Technology Initiative – This Information Communication and Technology (ICT) design solution, has helped to bridge socio-economic divide digitally. KHETI uses participatory interactive designing methodologies which have resulted in a customized solution for so called ‘less privileged groups’ such as poor farmers.
• PFMS, e-FMS & Geo-tagging – has been stated for bringing transparency & accountability in management of finances available to Panchayat under Fourteenth Finance Commission award, helps in financial inclusion.
• Digital Inclusiveness in Auditing a Success Story – Good governance practices of e-initiative in the field of audit has revealed effectively the responsiveness and accountability to public money and its usage issues. This has aired the spirit of transparency and inclusiveness with the financial governance agenda. There has been success in e-auditing application by the state of Madhya Pradesh in MGNREGS fund monitoring. Every individual are getting benefited and helped to reduce the ghost accounts.
• Sevana is a major software solution developed by Information Kerala Mission (IKM). The Sevana civil registration is utilized to register deaths and births in Panchayats and municipalities. Through these kiosks, deaths and births are registered instantly. Citizen can download birth/death certificates within 24 hours of registration at the kiosk. It helps to reduce the travelling time of the public to the nodal office, Increases the efficiency.  
• Sulekha software was developed to monitor the annual plans of local government institutions in the State. Annual plans are prepared, evaluated and approved in a time bound manner through this software. It is helping to provide the better service to citizen.

Conclusion:

The effective decentralization lies in its contribution towards people’s empowerment by way of providing them a significant role in decision-making and in the entire process of governance. Implementing ICT in the governance will helps to achieve political democracy. 

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3. What are the merits of Indian federalism? With the help of suitable examples, explain the ways in which India’s federal polity has shaped governance.

Approach:

It expects students to write about merits of Indian federalism in the first part. In the second half write about ways in which India’s federal polity has shaped governance with the help of examples. 

Introduction:

The term federalism refers to the constitutionally allocated distribution of powers between two or more levels of government in the modern nation-state system. In the words of Granville Austin Indian federalism is cooperative federalism, which is exemplified by innovations like interstate council, GST council and NITI Aayog. 

Body: 

Merits of Indian federalism: 

The most salient aspect of a federal form of government is that the governments at both the national and the state level function in their respective jurisdictions with considerable independence from one another.

• Division of Powers: In a federation both the federal and state governments are independent and autonomous in the spheres of their powers. ‘One is not subordinate to the other. Both derive their powers from the constitution which is the supreme law of the land. The powers enjoyed by the units are, therefore, original and not delegated by the centre. E.g. Schedule 7 divided subjects under union, state and concurrent areas.
• Separate Government: In a federal form of government both the centre and the units have their separate set of governmental apparatus like state legislature or Gram Sabha. Still all India services provide connect between them.
• Written constitution and amendment regarding federal issue need consent of at least half number of states. Supreme Court also regarded federalism as part of basic structure doctrine; it helps in decentralized form of government.
• States cannot secede from Indian union; single citizenship allows Indians to reside in any part of the country yet states can make special provisions for reservations for domiciled residents.
• A Better Understanding of Local Issues and Demands: State Governments can be More Responsive to Citizen Needs. The closer a government entity is to its citizens, the more likely it is the respond to the needs of citizens. 
• Protection against Tyranny: Spreading the national government’s power among three branches that serve as a check and balance on each other, is that it serves as a deterrent to tyranny and runaway power.    
• Linguistic reorganization of states yet there is no ‘one language-one state’ formula.
• Concurrent powers improve cooperation and collaboration among union and states. 
• Competitive spirit among states proves healthy for overall development. Post 1991, state governments now got relative autonomy to initiate business endeavors and bring in foreign investments to their respective states.

Ways in which India’s federal polity shaped governance: 

Nations are described as federal or unitary, depending on the way in which governance is organized. Governance is nothing but process of decision making and implementation. 

• Decentralization of governance: The diverse regional aspirations have managed to constantly assert themselves, resulting in the decentralization of governance in India. E.g. creation of new states, Autonomous district councils.
• Effective and efficient governance: India realized one size fits all approach cannot sustain. Importance of states in economic development policies, replacement of powerful planning commission by more facilitating NITI Aayog. 
• Innovation in Law and Policy: Indian union and states adopted each other’s best practices of policy to replicate in their own jurisdiction. E.g. Mid day meal scheme of Tamilnadu. It also facilitated to create new system altogether. E.g. Policy innovations like GST council.
• Participatory governance: 73rd and 74th constitutional amendment helped to increase participatory democracy in India. Federal structure also helped to bring consensus based governance at grass root level. 
• Accountability and transparency in governance also improved due to federalism as government went close to people. In apparatus like Gram Sabha, it is lot more easy to ask question to representatives. 
• The most important moment for federalism in this phase is the revelation of the vital role of state governments on the ground in managing the COVID-19 crisis. After initial challenges, the Union government ceded adequate space and autonomy to the states for strengthening their healthcare facilities, managing the localized lockdowns, and implementing social security measures to mitigate the impact of the pandemic. 

However, there is need to bring some reforms to improve federal governance in India like the contentious role of the governor in suppressing the states for the Centre’s interest needs to be reviewed, proper utilization of the institutional mechanism of the Inter-state Council must be ensured to develop political goodwill between the Centre and the states on contentious policy issues and the gradual widening of the fiscal capacity of the states has to be legally guaranteed

Conclusion:

In culturally diverse, developing countries like India; federalism is chosen not merely for administrative requirements but for the very survival of the nation. Strong federalism and good governance are necessary to achieve Sustainable Development Goal 16 as it is dedicated to improvement in governance, inclusion, participation, rights, and security.

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4. With its focus on equity and critical learning, NEP addresses present, future challenges. Elucidate.

Approach:

It expects students to write – in first part about present challenges faced by Indian education system – in second part write how different provisions of NEP addressed present and future challenges while focusing equity and critical learning. In end write 1-2 points about few lacunas.  

Introduction:

The Union Cabinet approved the National Education Policy (NEP) in July 2020. This policy will usher in sweeping changes to the education policy of the country, including a renaming of the Ministry of Human Resource Development as the Education Ministry. The NEP 2020 aims at making “India a global knowledge superpower”.

Body:

Currently Indian Education system faces following challenges: 

School Education

Inadequate public funding in the sector.Disproportionate focus on school infrastructure as opposed to learning outcomes.Challenges in governance and monitoring mechanisms for learning outcomes.Accountability systems in government schools.Inadequate teacher training, large number of teaching vacancies and rampant absenteeism.Limited options for vocational education in the school system.Inadequate support and counselling given to children in schools.

Higher education

Outdated and multiple regulatory mechanisms limit innovation and progressive change.Outdated curriculum results in a mismatch between education and job marketrequirements, dampens students’ creativity and hampers the development of their analytical abilities.Quality assurance or accreditation mechanisms are inadequate.There is no policy framework for participation of foreign universities in higher education.There is no overarching funding body to promote and encourage research and innovation.Public funding in the sector remains inadequate.There are a large number of faculty posts lying vacant, for example in central universities, nearly 33 per cent of teacher posts were vacant in March 2018; faculty training is inadequate.

NEP 2020 addressed present and future challenges by focusing on equity and critical learning as follows:

• NEP is important for several quantitative, and more importantly, qualitative changes. These range from pre-school to higher education with thrust on practicality and skill development; breaking the stereotypical divide of arts, commerce and science streams in high school; reorganising schooling years; making the education system more inclusive; permission to foreign universities to establish branches in India; and thrust on Indian and ancient languages. 
• Other transformative changes relate to education in the local language or mother tongue at least up to the fifth grade and if possible, eighth and beyond; universal access and early childhood education; curriculum change leading to learning outcomes (LOs) and competencies; stress on equity, gender, special needs and promotion of multilingualism.
• It focuses on early child development, the endeavour to reduce the dropout rate, putting in place different forms of assessment, the emphasis on essential learning and critical thinking and the centrality of the teacher and teacher education. 
• The NEP will bring two crore out-of-school children back into the mainstream. The policy aims at a 100 per cent Gross Enrolment Ratio (GER) in school education by 2030 and 50 GER in higher education by 2025 – it’s currently about 25 per cent.
• Some elements of the overarching Universal Access to Early Childhood Care and Education (ECCE) framework relate to the NCERT’s National Curricular and Pedagogical Framework for Early Childhood Education (NCPFECE). It also involves aligning NCPFECE with the latest research on ECCE and national and international best practices. The integration of vocational education with basic education in all institutions by identifying focus areas based on skills gap analysis and mapping of local opportunities will develop entrepreneurial competencies.
• Innovations in the higher education ecosystem include high-quality universities and colleges, multidisciplinary education, learning optimisation, extension of the graduate course from three to four years, multiple entry and exit points, college teachers’ education, replacement of the UGC, AICTE and NAAC, dispensing with the MPhil programme and the proposed National Research Foundation. The key principles of the NEP relate to accessibility, equality, accountability, affordability, and quality of education. 
• The “fragmented” ecosystem of higher education will be integrated once NEP’s vision of combining different institutions into multidisciplinary universities and “higher education institution clusters” or “knowledge hubs” is realised. By upgrading the digital infrastructure, emphasising on learning at your own pace and underlining the importance of online courses, the NEP attempts to bridge the digital divide.
• The policy talks of solving mathematics problems through a variety of innovative methods, including the regular use of puzzles and games. There is a provision to teach coding at the middle-school level. 
• The philosophy of access, equity, infrastructure, governance and learning has ultimately to be grounded in action to drive India’s growth, modernisation and structural transformation. The policy justifiably aims to increase the spending on education from the current 3.2 per cent of GDP to 6 per cent of the GDP.  

However, mobilising funds could be difficult because of the resource crunch, low tax-to-GDP ratio, kick-starting the economy, strife with neighbours and competing development requirements. The policy’s success will also hinge on its integration with the government’s other polices — the New Industrial Policy, Digital India, Skill India, Atmanirbhar Bharat and the “vocal for local” programme.

Conclusion:

NEP 2020 present wide-ranging reforms in the policy are aimed at making the Indian education system more contemporary and skill-oriented. Proper implementation of the reforms and ideas envisioned in the NEP 2020 will fundamentally transform India.

With the emphasis on knowledge-economy driven growth in the 21st century, this is precisely what India needs to dominate in the future decades of growth and drive the education requirements of our young population.

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5. The Quad offers a great opportunity for reforming China-centred economic globalisation. Comment.

Approach:

As the directive is comment, it is important to pick out the main points and give one’s opinion based on the information or the arguments originated from the reading. One should take a neutral ground and write facts and viewpoints. Introduction for this question may start with explanation of what is quad, what are subsequent developments and what is the main focus of this group. 

Introduction:

The Quad, or the quadrilateral security dialogue between India, US, Japan and Australia, is now emblematic of the geopolitical churn in the eastern hemisphere. Less noted but equally significant is its geo-economic agenda that has drawn South Korea, Vietnam and New Zealand into the post-pandemic consultations in the so-called “Quad Plus” format. In both the domains, China is the natural focus.

Body:

The policy discourse is about blunting Beijing’s ambition to exercise regional hegemony and preventing it from bending the global economic order in China’s favour.

• Quadrilateral Security Dialogue (Quad) is the informal strategic dialogue between India, USA, Japan and Australia with a shared objective to ensure and support a “free, open and prosperous” Indo-Pacific region.
• The idea of Quad was first mooted by Japanese Prime Minister Shinzo Abe in 2007. However, the idea couldn’t move ahead with Australia pulling out of it, apparently due to Chinese pressure.
• In December 2012, Shinzo Abe again floated the concept of Asia’s “Democratic Security Diamond” involving Australia, India, Japan and the US to safeguard the maritime commons from the Indian Ocean to the western Pacific.
• In November 2017, India, the US, Australia and Japan gave shape to the long-pending “Quad” Coalition to develop a new strategy to keep the critical sea routes in the Indo-Pacific free of any influence (especially China).

China has been the chief beneficiary of the globalisation of the world economy which began accelerating since the end of the Cold War in the early 1990s.  

• This phase of relatively free movement of capital and technology and goods and services enabled China to transform itself into a low-cost manufacturing hub for the world. 
• It became an export powerhouse leveraging its access to the large consuming markets of the US, Europe and Japan.
• Thanks to its brand of state capitalism and managed markets, China emerged relatively unscathed from the global financial and economic crisis (GFEC) of 2007-8 while the advanced capitalist economies of the West faced prolonged disruption and stagnation.
• The Western consensus behind globalisation has been eroded as competition from China has sharpened. As China, accelerated its ambition of becoming a world super power through its Belt and Road Initiative, Cheque book diplomacy etc. and by becoming a hub of global manufacturing industry.
• Due to this there is a rise in protectionist sentiments in the West, a greater scrutiny of inward investment particularly for acquisitions in the high-tech sector, and growing sensitivity over loss of intellectual property to Chinese firms.
• Also, Chinese aggression with its neighbours regarding Land boundary and maritime boundary issues forced the global leaders to think about opening a wide front against China on diplomatic table. 

QUAD a great opportunity for reforming China-centred economic globalisation: 

• As of now, it is an ad hoc grouping that has the potential to develop itself into a full-fledged economic and security-based international organisation.

• It is clear by now that India’s foreign and domestic policies have started countering China’s rise with the banning of several Chinese Apps and upholding the ‘self-reliance’ model of economic growth.
• The US has described China, along with Russia, as a strategic rival in its National Security Strategy, National Defence Strategy and the Pentagon’s report on Indo-Pacific Strategy.
• Quad is an opportunity for like-minded countries to share notes and collaborate on projects of mutual interest.
• Members share a vision of an open and free Indo-Pacific. Each is involved in development and economic projects as well as in promoting maritime domain awareness and maritime security.
• It is one of the many avenues for interaction among India, Australia, Japan and the US and should not be seen in an exclusive context.
• Confronting an expansive Chinese aggression on its frontiers and Beijing’s growing strategic influence in the subcontinent and the Indian Ocean, Its and opportunity for Delhi to explore security coalition-building with its Quad partners.
• India has also been a pioneer in economic decoupling from China. For instance, its withdrawal from the Regional Comprehensive Economic Partnership in 2019 and its opposition to China’s Belt and Road Initiative first articulated in 2017.
• USA has laid out a comprehensive framework for addressing the ideological, political, economic, technological and security challenges posed by China. But disentangling the web of economic interdependence woven over the last four decades is not easy.
• Free, open, prosperous and inclusive Indo-Pacific region serves the long-term interests of all countries in the region and of the world at large.

Hence, Quad shows a great potential to check China’s ambitions be it in the Indo-Pacific region and beyond. However, global community is of the opinion that China’s rise cannot be halted but can only be countered with an equally strong economic and security-oriented organisation and the Quad fits the setting. However, some of the following challenges persists in-front of QUAD grouping. 

• Undefined Vision: Despite the potential for cooperation, the Quad remains a mechanism without a defined strategic mission.
• Maritime Dominated: The entire focus on the Indo-Pacific makes the Quad a maritime, rather than a land-based grouping or an economic counter grouping, raising questions whether the cooperation extends to the Asia-Pacific and Eurasian regions.
• India’s Aversion of Alliance System: The fact that India is the only member that is averse to a treaty alliance system, has slowed down the progress of building a stronger Quadrilateral engagement.

Conclusion:

The challenge before the quad grouping lies in finding areas of mutual interest. However, Japanese PM Shinzo Abe’s “Confluence of Two Seas” address to the Indian Parliament gave a fresh impetus to the Quad concept. Which recognises the economic rise of India at par with the developed nations in the west. Hence, QUAD holds the potential to reform China-centred economic globalisation besides ensuring a multi-polar world. 

Ayushman Sahakar scheme launched

Part of: GS Prelims and GS-II – Health

In news

• Ayushman Sahakar scheme was recently launched.
• Launched by: Ministry for Agriculture and Farmers Welfare
• Formulated by: National Cooperative Development Corporation (NCDC), the apex autonomous development finance institution under the Ministry of Agriculture.
• It is a unique scheme to assist cooperatives to play an important role in creation of healthcare infrastructure in the country.

Key takeaways

• NCDC would extend term loans to prospective cooperatives to the tune of Rs.10, 000 Crore in the coming years.
• There are about 52 hospitals across the country run by cooperatives.
• The NCDC fund would give a boost to provision of healthcare services by cooperatives.
• Ayushman Sahakar specifically covers establishment, modernization, expansion, repairs, renovation of hospitals and healthcare and education infrastructure.
• Any Cooperative Society with suitable provision in its byelaws to undertake healthcare related activities would be able to access the NCDC fund. 
• NCDC assistance will flow either through the State Governments/ UT Administrations or directly to the eligible cooperatives.
• The scheme shall provide working capital and margin money to meet operational requirements.
• The scheme shall also provide interest subvention of 1% to women majority cooperatives.
• It is in line with the National Digital Health Mission and National Health Policy, 2017.

Do you know?

• NCDC was set up under an Act of Parliament in 1963 for promotion and development of cooperatives. 
• Since 1963, it has extended around Rs.1.60 lakh crore as loans to cooperatives.

SUBSCRIBE TO IA

Asafoetida (Heeng) cultivation to be introduced in India

Part of: GS Prelims and GS-III – Economy; Agriculture

In news

• CSIR constituent laboratory, Institute of Himalayan Bioresource Technology (IHBT), Palampur, recently made history by introducing asafoetida (Heeng) cultivation in Indian Himalayan region.

Key takeaways

• The cultivation shall take place in the Lahaul valley in Himachal Pradesh.
• India imports about 1200 tonnes of raw asafoetida annually from Afghanistan, Iran and Uzbekistan and spends approximately 100 million USD per year.
• CSIR-IHBT has now introduced six accessions of seeds from Iran through ICAR-National Bureau of Plant Genetic Resources (ICAR-NBPGR), New Delhi.
• In the past thirty years, this has been the first attempt for introduction of asafoetida (Ferula assa-foetida) seeds in the country.
• However, the challenge for the scientists is that heeng seeds remain under a prolonged dormant phase and the rate of seed germination is just 1%.

Important value additions

Heeng

• It is a herbaceous plant of the umbelliferae family. 
• It is a perennial plant.
• Its oleo gum resin is extracted from its thick roots and rhizome.
• The plant stores most of its nutrients inside its deep fleshy roots.
• It is endemic to Iran and Afghanistan, which are also the main global suppliers of it. 
• It thrives in dry and cold desert conditions. 
• It can tolerate temperatures between 35 and 40 degrees. It can also survive in temperatures up to minus 4 degrees.
• Ideal growth conditions: Sandy soil, very little moisture and annual rainfall of not more than 200mm 
• However, during extreme weather, the plant can get dormant.
• It has medicinal properties, including relief for digestive, spasmodic and stomach disorders, asthma and bronchitis.
• The herb is used to help with painful or excessive bleeding during menstruation and premature labour.

Do you know?

• Asafoetida is one of the top condiments and is a high value spice crop in India.
• Although there are about 130 species of Ferula found in the world, only Ferula assa-foetida is the economically important species used for the production of asafoetida.
• In India, Ferula assa-foetida is not found, but other species Ferula jaeschkeana is reported from the western Himalaya (Chamba, HP), and Ferula narthex from Kashmir and Ladakh

WHAT TO READ TODAY IN NEWSPAPERS

GS Paper – 1

Love in the time of polarisation: The withdrawn Tanishq commercial is a victim of an unrepresentative exclusivism that fosters old social orthodoxies

Syllabus Topic- Social Empowerment, Communalism, Regionalism & Secularism

Centre steps in to halt boundary row

Explained: Assam-Mizoram, and the other boundary issues in Northeast

Syllabus Topic- Social Empowerment, Communalism, Regionalism & Secularism

GS Paper – 2

The sorry plight of the Andhra Pradesh higher judiciary

Syllabus Topic – Structure, Organization and Functioning of the Executive and the Judiciary

Many gains in fighting HIV

Syllabus Topic – Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources

A long way from 1962: Fifty-eight years later, India-China relationship has changed. Inequality has grown (Indian Express)

Signal to China: Quad navies to sail together, Indo-US pact on table

Syllabus Topic – Bilateral, Regional and Global Groupings and Agreements involving India and/or affecting India’s interests

GS Paper – 3

Bangladesh’s rise is an opportunity for India, but is overshadowed by negative domestic politics

Syllabus Topic -Indian Economy and issues relating to Planning, Mobilization of Resources, Growth, Development and Employment

How fertiliser subsidy works

Syllabus Topic – Issues related to Direct and Indirect Farm Subsidies and Minimum Support Prices

UN REFORMS

TOPIC: General Studies 2

• Role of UNSC; International organization
• Important International institutions, agencies and fora- their structure, mandate. 

In news: India taking a seat at the powerful UN Security Council as an elected non-permanent member for a two year term beginning January 1, 2021.

As the UN marks 75 years of its existence, the 193-member UN General Assembly adopted a forward-looking political declaration that gave a clarion call for –

• Strengthening mechanism to combat terrorism,
• Reformed multilateralism, 
• Inclusive development
• Better preparedness to deal with challenges like the Covid-19 pandemic
• Reform of the United Nations itself

How has International Politics affected UN functioning over the years?

• Realism at the core of UN System: UN, was meant, by design, to be a concert of great powers who had a permanent seat in the Security Council. Cooperation among the great powers was the precondition for its success in the security arena.
• During the Cold War, Washington and Moscow were at each other’s throats and the UNSC was deadlocked. 
• During the brief unipolar moment of the 1990s, post-Soviet Russia was willing to acquiesce to the sweeping US agenda for global security. China was feeling its way around multilateral institutions and avoided any challenge to the US and West.
• In 2000s, Russia and China began to offer resistance to US dominance. 
• Present Situation is that of Political Fragmentation: The conflict between the US on the one hand and China and Russia on the other has become full-blown. To make matters more complicated, the West itself is divided

G4 countries call for urgent steps for reform of UN and Security Council

The move is in line with India’s position on the reforms of the UN, including the expansion of the permanent and non-permanent membership of the Security Council, its main decision-making organ.

The G4 countries – Brazil, India, Japan and Germany – have expressed disappointment at attempts to derail reforms of the United Nations and called for text-based negotiations within a fixed timeframe to revamp the world body. They highlighted the urgency of reforming the world body and updating its main decision-making bodies to better reflect contemporary realities.

“We cannot fight today’s challenges with outdated structures. Without comprehensive reforms, the UN faces a crisis of confidence.” – Prime Minister of India, Narendra Modi

The world needs a reformed multilateralism that reflects today’s realities, gives voice to all stakeholders, addresses contemporary challenges and focuses on human welfare. The world of today is very different from what it was when the United Nations was created 75 years ago. There are more countries, more people, more challenges but also more solutions. Our working methods need to keep pace and adapt.

Opined that the expansion of the Security Council in both categories will be indispensable to make this body more representative, legitimate and effective, enhancing therefore its capacity to deal with the complex challenges the world faces today on questions of international peace and security.

Broader membership of the Security Council, with increased and enhanced representation of countries with the capacity and willingness to contribute to the maintenance of international peace and security, including from Africa, will allow it to preserve its credibility and create the political backing needed for the peaceful resolution of today’s international crises.

India and UNSC

• India has been spearheading decades-long efforts to reform the Security Council, saying a structure set up in 1945 does not reflect contemporary realities of the 21st century and is ill-equipped to handle current challenges.
• There is widespread support, including by four of the five permanent members of the Security Council – US, UK, France and Russia – for a permanent seat for India at the Council.
• China, part of the permanent five (P5) of the UNSC with veto power, has been stonewalling India’s efforts to become a member of the UN’s powerful body for years, pointing to lack of consensus even though the other four members have supported New Delhi’s membership.

Did You Know?

• In 2020, India was the only candidate for the vacancy from the Asia Pacific and was endorsed unanimously by the Asia Pacific group, which comprises 55 countries, including Pakistan and China.
• India has earlier been a non-permanent member of the Security Council in 1950-51, 1967-68, 1972-73, 1977-78, 1984-85, 1991-92 and 2011-12.

Significance of India’s win 

• India’s Growing Credibility: Broad based support for India’s candidature means world places faith on India’s commitment to multilateralism and reforms.
• Diplomacy with agenda: A “new orientation for a reformed multilateral system” (NORMS), as laid out by India’s Minister of External Affairs, would be India’s overall objective during the two-year tenure
• Voice of developing countries: UN’s agenda has often been hijacked by the interests of five permanent members. India win means that it has got a platform to voice the issues of emerging countries.

The History: India & UNSC

The idea of India being a permanent member of UNSC was first floated in 1950 by the US. The UNSC had been formed a few years ago after the end of the Second World War with the US, the Soviet Union, the UK, China and France as its permanent members. However, things became complicated after the communist revolution in China in 1949. The old leadership escaped to modern-day Taiwan, forming the Republic of China (RoC). Meanwhile, a new communist leadership established the People’s Republic of China  (PRC) in mainland China. As US foreign policy was driven by curbing the spread of communism, it did not recognise the legitimacy of the PRC and ROC continued to represent China at the UNSC.

In January 1950, the USSR even walked out of the UN in protest against the US refusal to recognise the PRC. It was in this backdrop that the US approached Vijaya Lakshmi Pandit, Nehru’s sister and diplomat, with the idea of unseating China from the UNSC and putting India in her place. India was seeming to be a potential ally for the US in an Asia that was rapidly becoming red. This seemed even more plausible after India supported a few US-backed resolutions in the UNSC to thwart North Korean aggression in the Korean War.

But to the US offer, Nehru responded to Pandit saying: “India because of many factors, is certainly entitled to a permanent seat in the Security Council. But we are not going in at the cost of China.” Nehru held the UN to be a robust forum for conflict resolution and its sound functioning required it to be truly representative of the world’s nation states. So, the representation of PRC at the UN was a vital component of his foreign policy. He also did not wish to build any animosity with India’s biggest neighbour by delving into Cold War politics. Moreover, by the time the idea was put forward, USSR was back in the UNSC and even if India would have responded positively, the Soviets would have vetoed it. So, the matter ended there.

In 1955, Soviet Prime Minister Nikolai Bulganin brought up the same issue on Nehru’s visit to Moscow. Their exchange has been recorded in verbatim. It has not been reproduced here for the sake of brevity but when Bulganin indicated that Soviets have considered proposing India’s place in the Security Council, Nehru responded by saying that this would only create tensions between India and China, and it should not be done until China’s admission into the body. In response, Bulganin agreed that it was not the right time to push for India’s membership. The exchange gives the impression that the Soviets were only testing India’s views on the matter and the offer was not sincere. Even if it was, the US would have vetoed it since India’s relations with them had deteriorated by then.

Thus, India was seemingly offered the UNSC membership twice but in both cases the offer could not have materialised since multiple forces were at play. History can, therefore, be a tough taskmaster if inferred without context. The history wars that are increasingly taking place in the current political arena should be wary of such limited outlook. It is crucial that through these dialogues, Rawls’ reasoning be followed and sweeping judgements with the benefit of hindsight be avoided. When history is distorted to be used for partisan battles, the people risk losing their touch with the past and with it a sense of commonality and belonging.

Challenges Ahead

• Implementation hurdles: Achieving the objective laid out in NORMS, would depend on how India will conduct diplomacy in the global body, build alliances and raise issues that go beyond the interests of the big five
• Declining Multilateralism: The COVID-19 pandemic has already shaken up the global order and sharpened the rivalry between the U.S. and China. This has opened up fresh debates on strengthening multilateralism and multilateral institutions. 
• Polarised world: India should avoid the temptation of taking sides at a time when the Security Council is getting more and more polarised, especially in the wake of US-China tensions

Connecting the Dots:

1. WHO and its funding
2. What are some of the longest pending and most pressing reforms in the United Nations (UN)? Is UN losing its significance? Critically comment.
3. Does the composition and rights in the Security Council represent 21st century world dynamics? Critically examine.

TODAYS QUESTION—POLITY

Bring out the aberrations of the parliamentary system of government
in India. (200-250 WORDS)

SUPREME COURT

• GS Paper – 2
• Judiciary

• The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review.
• India is a federal State and has a single and unified judicial system with three tier structure, i.e. Supreme Court, High Courts and Subordinate Courts.

Brief History of the Supreme Court of India

• The promulgation of Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta as a Court of Record, with full power & authority.
• It was established to hear and determine all complaints for any crimes and also to entertain, hear and determine any suits or actions in Bengal, Bihar and Orissa.
• The Supreme Courts at Madras and Bombay were established by King George – III in 1800 and 1823 respectively.
• The India High Courts Act 1861 created High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns.
• These High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935.
• The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts.
• After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950.
• The law declared by the Supreme Court is binding on all Courts within the territory of India.
• It has the power of judicial review – to strike down the legislative and executive action contrary to the provisions and the scheme of the constitution, the distribution of power between Union and States or inimical to the fundamental rights guaranteed by the Constitution.

Constitutional Provisions

• The Indian constitution provides for a provision of Supreme Court under Part V (The Union) and Chapter 6 (The Union Judiciary).
• Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and procedures of the Supreme Court.
• The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
• The Jurisdiction of the Supreme Court of India can broadly be categorised into original jurisdiction, appellate jurisdiction and advisory jurisdiction. However, there are other multiple powers of the Supreme Court.

Organisation of Supreme Court

• At present, the Supreme Court consists of thirty-one judges (one chief justice and thirty other judges).
  • Supreme Court (Number of Judges) Bill of 2019 has added four judges to strength. It increased the judicial strength from 31 to 34, including the CJI.
• Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven other judges).
• The Parliament is authorised to regulate them.

Seat of Supreme Court

• The Constitution declares Delhi as the seat of the Supreme Court. It also authorises the CJI to appoint other place or places as seat of the Supreme Court.
• He can take decision in this regard only with the approval of the President. This provision is only optional and not compulsory. This means that no court can give any direction either to the President or to the Chief Justice to appoint any other place as the seat of the Supreme Court.

Appointment of Judges

• The judges of the Supreme Court are appointed by the President. The CJI is appointed by the President after consultation with such judges of the Supreme Court and high courts as he deems necessary.
• The other judges are appointed by the President after consultation with the CJI and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.
• Appointment of Chief Justice From 1950 to 1973: The practice has been to appoint the senior most judge of the Supreme Court as the chief justice of India. This established convention was violated in 1973 when A N Ray was appointed as the Chief Justice of India by superseding three senior judges. Again in 1977, M U Beg was appointed as the chief justice of India by superseding the then senior-most judge.
  • This discretion of the government was curtailed by the Supreme Court in the Second Judges Case (1993), in which the Supreme Court ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the Chief Justice of India.

Controversy over Consultation and Evolution of Collegium system

• The Supreme Court has given different interpretations of the word ‘consultation’ in the above mentioned provisions.
  • In the First Judges case (1982), the Court held that consultation does not mean concurrence and it only implies exchange of views.
  • In the Second Judges case (1993), the Court reversed its earlier ruling and changed the meaning of the word consultation to concurrence.
  • In the Third Judges case (1998), the Court opined that the consultation process to be adopted by the Chief Justice of India requires ‘consultation of plurality judges’.
    • The sole opinion of the CJI does not constitute the consultation process. He should consult a collegium of four senior most judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government.
    • The court held that the recommendation made by the chief justice of India without complying with the norms and requirements of the consultation process are not binding on the government.

Collegium System

• Collegium system was born through “three judges case” and it is in practice since 1998. It is used for appointments and transfers of judges in High courts and Supreme Courts.
• There is no mention of the Collegium either in the original Constitution of India or in successive amendments

Working of Collegium System and NJAC

• The collegium recommends of the names of lawyers or judges to the Central Government. Similarly, the Central Government also sends some of its proposed names to the Collegium.
• Collegium considers the names or suggestions made by the Central Government and resends the file to the government for final approval.
  • If the Collegium resends the same name again then the government has to give its assent to the names. But time limit is not fixed to reply. This is the reason that appointment of judges takes a long time.
• Through the 99^th Constitutional Amendment Act, 2014 the National Judicial Commission Act (NJAC) was established to replace the collegium system for the appointment of judges.
• However, the Supreme Court upheld the collegium system and struck down the NJAC as unconstitutional on the grounds that the involvement of Political Executive in judicial appointment was against the “Principles of Basic Structure”. I.e. the “Independence of Judiciary”.

Qualifications of Judges

• A person to be appointed as a judge of the Supreme Court should have the following qualifications:
  • He should be a citizen of India.
  • He should have been a judge of a High Court (or high courts in succession) for five years; or
  • He should have been an advocate of a High Court (or High Courts in succession) for ten years; or
  • He should be a distinguished jurist in the opinion of the president.
• The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

Oath or Affirmation

• A person appointed as a judge of the Supreme Court, before entering upon his office, has to make and subscribe to an oath or affirmation before the President, or some other person appointed by him for this purpose. In his oath, a judge of the Supreme Court swears:
  • to bear true faith and allegiance to the Constitution of India;
  • to uphold the sovereignty and integrity of India;
  • to duly and faithfully and to the best of his ability, knowledge and judgement to perform the duties of the Office without fear or favour, affection or ill-will; and
  • to uphold the Constitution and the laws.

Tenure of Judges

• The Constitution has not fixed the tenure of a judge of the Supreme Court. However, it makes the following three provisions in this regard:
  • He holds office until he attains the age of 65 years. Any question regarding his age is to be determined by such authority and in such manner as provided by Parliament.
  • He can resign his office by writing to the President.
  • He can be removed from his office by the President on the recommendation of the Parliament.

Removal of Judges

• A judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal.
• The address must be supported by a special majority of each House of Parliament (ie, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting). The grounds of removal are two—proved misbehaviour or incapacity.
• The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment:
  • No judge of the Supreme Court has been impeached so far. Impeachment motions of Justice V Ramaswami (1991–1993) and the Justice Dipak Misra (2017-18) were defeated in the Parliament.

Salaries and Allowances

• The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court are determined from time to time by the Parliament. They cannot be varied to their disadvantage after their appointment except during a financial emergency.

Acting Chief Justice

• The President can appoint a judge of the Supreme Court as an acting Chief Justice of India when:
  • the office of Chief Justice of India is vacant; or
  • the Chief Justice of India is temporarily absent; or
  • the Chief Justice of India is unable to perform the duties of his office.

Ad hoc Judge

• When there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period. He can do so only after consultation with the Chief Justice of the High Court concerned and with the previous consent of the president.
• The judge so appointed should be qualified for appointment as a judge of the Supreme Court. It is the duty of the judge so appointed to attend the sittings of the Supreme Court, in priority to other duties of his office. While so attending, he enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of the Supreme Court.

Retired Judges

• At any time, the CJI can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.
• He can do so only with the previous consent of the President and also of the person to be so appointed.
  • Such a judge is entitled to such allowances as the president may determine. He will also enjoy all the jurisdiction, powers and privileges of a judge of the Supreme Court. But, he will not otherwise be deemed to be a judge of the Supreme Court.

Procedure of Court

• The Supreme Court can, with the approval of the President, make rules for regulating generally the practice and procedure of the court.
• The Constitutional cases or references made by the President under Article 143 are decided by a Bench consisting of at least five judges. All other cases are usually decided by a bench consisting of not less than three judges. The judgements are delivered by the open court. All judgements are by majority vote but if differing, then judges can give dissenting judgements or opinions.

Independence of Supreme Court

• The Supreme Court is a Federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution.
  • Therefore, its independence becomes very essential for the effective discharge of the duties assigned to it. It should be free from the encroachments, pressures and interferences of the executive (council of ministers) and the Legislature (Parliament). It should be allowed to do justice without fear or favour.
• The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Supreme Court:
  • Mode of appointment
  • Security of tenure
  • Fixed service conditions
  • Expenses charged on the consolidated fund
  • Conduct of judges cannot be discussed
  • Ban on practice after retirement
  • Power to punish for its contempt
  • Freedom to appoint its staff
  • Its jurisdiction cannot be curtailed
  • Separation from Executive

Jurisdiction and Powers of Supreme Court

Original Jurisdiction

• As a Federal court, the Supreme Court decides disputes between different units of the Indian Federation. More elaborately, any dispute between:
  • the Centre and one or more states; or
  • the Centre and any state or states on one side and one or more states on the other; or
  • between two or more states.
• In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
• Further, this jurisdiction of the Supreme Court does not extend to the following:
  • A dispute arising out of any pre-Constitution treaty, agreement, covenant,
  • engagement, sanad or other similar instrument.
  • A dispute arising out of any treaty, agreement, etc.,which specifically provides that the said jurisdiction does not extent to such a dispute.
  • Inter-state water disputes.
  • Matters referred to the Finance Commission.
  • Adjustment of certain expenses and pensions between the Centre and the states.
  • Ordinary dispute of Commercial nature between the Centre and the states.
  • Recovery of damages by a state against the Centre.

Writ Jurisdiction

• The Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.
  • In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can go directly to the Supreme Court, not necessarily by way of appeal.
  • However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts are also empowered to issue writs for the enforcement of the Fundamental Rights.

Appellate Jurisdiction

• The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
  • Appeals in constitutional matters
  • Appeals in civil matters
  • Appeals in criminal matters
  • Appeals by special leave

Advisory Jurisdiction

• The Constitution under Article 143 authorises the President to seek the opinion of the Supreme Court in the two categories of matters:
  • On any question of law or fact of public importance which has arisen or which is likely to arise.
  • On any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, sanador other similar instruments.

A Court of Record

• As a Court of Record, the Supreme Court has two powers:
  • The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court.
  • They are recognised as legal precedents and legal references.
  • It has power to punish for contempt of court, either with simple imprisonment for a term up to six months or with fine up to 2,000 or with both.

Power of Judicial Review

• Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments.
  • On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme Court. Consequently, they cannot be enforced by the Government.

Recent issues in Supreme Court

• Master of Roster: It refers to the privilege of the Chief Justice to constitute Benches to hear cases.
  • The controversy has emerged in the Supreme Court over absolute power of Chief Justice on the judicial administration.
  • The SC has upheld a number of times that “the Chief Justice is the master of the roster and he alone has the prerogative to constitute the Benches of the Court and allocate cases to the Benches so constituted.”
  • Be it the Chief Justice of India or Chief Justice of any high court it is he or she who heads the administrative side. This includes allocation of matters before a judge as well.
    • So, no Judge can take up the matter on his own, unless allocated by the Chief Justice of India.

MODEL ANSWERS FOR TODAY QUESTIONS

(a) Discuss the main objectives of the Indian national movement up to
1905.
What were its basic weaknesses during this period?
Important Points for Answer:
Indian national movement upto 1905
Main objectives
Basic weaknesses
Answer: Indian National Movement up to 1905 was mainly dominated
mainly by the moderate leaders like Dadabhai Naoroji, Wyomesh Chander
Bannerjee, Firoz Shah Mehta, Dinesh E. Wacha, S.N. Bannerjee, etc.
During this period, main objectives of the Indian National Movement were:
To develop political agitations within the limits of law and by
constitutional methods.
To make the British Government aware of the Indian condition because
they believe that the Britishers were and wanted to be just to the Indians.
To build up public opinion in the country amongst people.
To present public demand to the Government through resolutions,
petitions, meetings, etc. and arouse consciousness and national spirit.
To persuade the British Government and build up Britain’s public
opinion in favour of India.
They believed that time was not ripe to directly challenge the British rule so
they attempted to educate and unite people. They established a British
Committee of the Indian National Congress in London and also started a
journal titled ‘India’.

Basic Weaknesses:
The moderate leaders had no faith in the mass-movement and they could
not popularise the ideas to the grassroots level.
The movement was confined only to the educated class and illiterate
Indians, who formed majority, were not able to participate in it.
It was thought that the British rule was in India’s interest at that time.
It was wrongly believed that the British Government wanted to be just to
Indians and would consider to their demands gradually.
The aim was to transform the colonial rule to a national rule. (Total 254
words)

 

 

What administrative changes were introduced in India after 1858?
What were the objectives of these changes?
Important Points for Answer:
Administrative Changes after–1858
Objectives, effects of those changes
Conclusion
Answer: After the revolt of 1857, The Government of India Act of 1858
transferred the control of India from the East India Company to the Crown.
Now power to govern India was vested in the Crown through the Secretary of
State who was responsible to the British Parliament. Thus, India came under
direct rule of the British Parliament as a colony.
Later, a provision was made in the Indian Councils Act 1861 for a Legislative
Council but it was merely an advisory body.
Gradually, administration was decentralised and powers were given to local
bodies, like municipalities and district boards, to overcome financial
difficulties faced by the Government due to over centralisation.
To put counterpoise in the Indian army, the proportion of European soldiers
to the Indian soldiers was increased.
Not to give any key and strategic post to Indians, an old policy, was followed
strictly after 1857. Indians were not promoted or recruited to higher posts in
army.
Indians were intentionally restricted from civil services by making their entry
very tough. The maximum age limit was further reduced to 19 years in 1878,

under Lytton from the earlier of 23 years in 1858.
Princely States were given right to adopt heir, policy of annexation was
abandoned but in 1876, the Queen adopted the title ‘Empress of India’ or
‘Kaisar-i-Hind’ and later on Lord Curzon made it clear to the Princes that
they were only agents of the Crown.
Thus, after 1858 systematic administrative changes were made to control
India more effectively by introducing a new stage of colonialism in India.
(Total 261 Words)